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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 93 Documents
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Search results for , issue "Vol 9, No 2 (2022): Juli - Desember 2022" : 93 Documents clear
PERTIMBANGAN HAKIM DALAM MENERAPKAN ALAT BUKTI PETUNJUK DALAM MENJATUHKAN VONIS HUKUMAN PADA TINDAK PIDANA PERTAMBANGAN EMAS ILEGAL DI KABUPATEN KUANTAN SINGINGI Nanda Efrialis; Davit Rahmadan; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Based on the author's observations in the field, it can be seen that in the illegalgold mining area there are former mining excavations in the form of small lakes filledwith yellow-brown water, beside the holes are piled hundreds of cubic stones mixedwith sand from mining residue, while the trees around it looks dry. The law explainsthat the minimum prison term for activities related to the environment is one year, sothat according to the author's assumption, the application of threats in one of thesample cases is less effective. Law enforcement is the efforts taken by the government oran authority to ensure the achievement of a sense of justice and order in society byusing several devices or tools of power, both in the form of laws, to law enforcersincluding the police, judges, prosecutors, and others. lawyer.When viewed from the type, this research is classified as sociological legalresearch, namely research obtained directly from the community or primary dataresearch. The data collection method in this research is the documentation method. Tocollect the data referred to above, the following techniques were used: Libraryresearch. This is done by searching, recordifng, taking inventory, studying data in theform of library materials, and analyzing these data. Observation is a complex process,a process composed of various biological and psychological processes. Observationcan also be said as a method carried out by direct observation of the object of research.From the results of the research and discussion of considerations adjusted toArticle 158 of the Law of the Republic of Indonesia Number 3 of 2020 concerningAmendments to Law Number 4 of 2009 concerning Minerals and Coal in conjunctionwith Article 55 paragraph (1) 1 of the Criminal Code, the elements of the panel ofjudges are considering Not “everyone”, Not “who conducts mining without a permit”,Who commits, orders to do, or participates in carrying out actions. The obstaclesencountered in the application of the evidence guide for judges in passing a criminaldecision on illegal gold mining in Kuantan Singingi Regency consisted of theperpetrators not recognizing the evidence and the difficulty of evacuating the evidence.Keywords: Criminal, Judge's Consideration, and Illegal Gold Mining
AKIBAT HUKUM TERHADAP PERKAWINAN DARI LAKI-LAKI YANG MENIKAHI DUA PEREMPUAN SECARA BERSAMAAN Risti Febiawati; Mardalena Hanifah; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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Marriage has a very important position in social life. In Indonesia, there are four laws thatregulate marriage issues, namely the Civil Code, the Marriage Law, the Compilation of Islamic Law andIslamic Law, stipulating the reasons for allowing polygamy. But in reality, there are cases of marriages ofmen marrying two women simultaneously without fulfilling the terms and conditions that have been set.The purpose of this thesis is to find out the legal consequences of the marriage of a man who marries twowomen at the same time. Second, to find out the legal position of the marriage of a man who marries twowomen simultaneously according to the Marriage Law, Compilation of Islamic Law, Civil Code andIslamic Law.This type of research is classified in the type of normative juridical research using literaturereview. Namely by making a legal comparison between the Marriage Law, Compilation of Islamic Law,Civil Code, and Islamic Law, the approach is carried out using a qualitative analysis approach bylooking for data in books, journals and other scientific works related to this research. The data sourcesused are secondary data covering primary and secondary legal materials.The conclusions obtained from the results of the study are first , the legal position of marriagefor men who marry two women simultaneously in the Marriage Law and the Compilation of Islamic Lawdoes not exist, this is because this marriage is included in sirri polygamy. The position of marriagesimultaneously in Islamic law since the marriage contract is held, the position of husband and wives is thesame. Second, the legal consequences of marriages of men who marry two women simultaneously in theMarriage Law and the Compilation of Islamic Law is an illegitimate marriage so that it does not causelegal consequences. The Civil Code adheres to the principle of monogamy so that if a polygamousmarriage occurs, Article 279 of the Criminal Code will apply. According to Islamic law, this concurrentmarriage is a legal marriage and is allowed by religion.Keywords: Marriage–Polygamy–Marriage Simultaneously
PENEGAKAN HUKUM TERHADAP PELAKU YANG MEMBAYAR UPAH PEKERJA/BURUH DI BAWAH UPAH MINIMUM DI WILAYAH PROVINSI RIAU Hengki Rafles Rajagukguk; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Wage is the right of the Worker/Labourer that is received and expressed inthe form of money as a reward from the Employer or employer to theWorker/Labourer which is determined and paid according to a work agreement.agreements, or laws and regulations, including allowances forWorkers/Labourers and their families for a job and/or service that has been orwill be performed. In the provision of wages for workers/labor by employers,violations often occur. One of the violations committed by employers is to giveworkers/laborers wages below the minimum wage. whereas in Article 88 Eparagraph 2 of Law Number 11 of 2020 concerning Job Creation it is clearlystated that; “Entrepreneurs are prohibited from paying wages lower than theminimum wage, and the sanctions are contained in article 185. From 2020 to2022 there were 10 complaints that went to the Riau provincial manpower officesupervisor regarding wage violations.The purpose of this study is to find out howthe law enforcement process is carried out by labor inspectors against wageviolations committed by employers, what are the obstacles to labor inspectors,and to know the efforts made to overcome the wage problem. In addition, thisstudy also examines the role of labor law in solving industrial relations problems.From the results of the research discussion, it can be concluded that theposition of labor law in the Indonesian national legal system can theoretically beseparated into 3 fields, namely the administrative field, the civil field, and thecriminal field. But in practice it must be run simultaneously because it relates toone another. The legal relationship carried out by workers/laborers withemployers is included in the field of civil law. However, during the process ofmaking, implementing, and ending the relationship, the government is supervisedin order to carry out its 3 functions. If during these processes there are violations(not in accordance with applicable regulations), then criminal sanctions can beapplied.Keywords: Law Enforcement – Wages of workers/laborers below the minimumwage – Labor inspectors - Riau Province
IMPLEMENTASI PERATURAN BUPATI LINGGA NOMOR 95 TAHUN 2020 TENTANG PENERAPAN DISIPLIN DAN PENEGAKAN HUKUM PROTOKOL KESEHATAN SEBAGAI UPAYA PENCEGAHAN DAN PENGENDALIAN CORONA VIRUS DISEASE 2019 DI KECAMATAN SINGKEP Kukuh Saputro Jati; Emilda Firdaus; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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then this researcher is directed to study for the first stimulant, the implementation of theLingga Regent Regulation Number 95 of 2020 concerning the Implementation of Discipline andLaw Enforcement of Health Protocols as an Efforts to Prevent and Control Corona Virus Disease2019 in Singkep District, Second, the inhibiting factors for the implementation of the LinggaRegent's Regulation Number 95 of 2020 concerning the Implementation of Discipline and LawEnforcement of Health Protocols as an Effort to Prevent and Control the Corona Virus Disease2019 in Singkep District, Third, the efforts made to overcome the problems of implementing theImplementation of Discipline and Law Enforcement of Health Protocols as an Effort to Preventand Control the Corona Virus Disease 2019 in Singkep District.This research is a sociological legal research, because it is based on field research, namelyby collecting data from observations, interviews, and literature reviews that are related to theproblems studied, assisted by primary, secondary and tertiary data. This study uses qualitativedata analysis, produces descriptive data, and concludes with deductive thinking methods.The implementation for handling Covid-19 in the Singkep district is one of the tasks of theHealth Service, Population Control and Family Planning, Regional Disaster Management Agency,Civil Service Police Unit and Fire Department and Community Regional Revenue Agency inSingkep District by carrying out, Yustisi Patrol, Security and escort, Dissemination of Covid-19Health Protocols. People are no longer obedient to health protocols, especially in public places.the government must take firm action by conducting socialization.Keywords: Government Policy – Health Protocol – Corona Virus Disease
TINJAUAN TENTANG HAK WARIS ADAT DALAM TERJADINYA PUTUS WARIS MENURUT HUKUM ADAT MINANGKABAU DI NAGARI SALAYO KABUPATEN SOLOK Aftahul Jefran; Zulfikar Jayakusuma; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The Minangkabau indigenous people are people who adhere to the Islamicreligion, as has been confirmed in the Minangkabau traditional proverb whichreads Adaik basandi syarak, syarak basandi Kitabullah which means custombased on Islam, religion based on the book of Allah Subhanahu wa Ta'ala . TheMinangkabau people have their own rules in regulating their society, especiallyin the distribution of inheritance. Pusako or pusako property are all tangible(material) assets, which will be inherited later on to nieces and nephews. ThisPusako is a guarantee for the life and equipment of the nephew's childrenMinangkabau.The purpose of writing this thesis, namely: First, to find out inheritancerights in the occurrence of putu inheritance according to Minangkabaucustomary law. Second: To find out the settlement of inheritance rights disputesin the event of inheritance breaking according to Minangkabau customary law.The type of research used in this study is a type of sociological research,which is a part from study law, though there is also which said that socialresearch on law is not legal research.From the results of the study, inheritance rights in the occurrence ofinheritance discontinuation based on Minangkabau customary law are based onthe principle of primacy that applies to the nephew group. However, based oncustomary functionaries, especially those of IV Jinih, Urang Tuo Suku and theChairman of KAN, what applies to determining the right to inherit regardingsako and harto pusako Tinggi people who are extinct is that while alive theperson who is about to become extinct can appoint or have appointed a personwho will inherit the sako . and the pusako , where the appointed person has acondition, namely the freedom of the extinct person to appoint the person whowill inherit his sako and pusako , where the extinct person knows better who iscloser to his people ( tatak indak tasondak, malenggang indak tapampeh ) .Settlement of inheritance disputes according to Minangkabau customary law canbe carried out by traditional leaders or through the courts.Keywords: Heritage-Inheritance-Indigenous Peoples of Nagari Salayo
PENATAAN PENGISIAN JABATAN KEPALA KEPOLISIAN REPUBLIK INDONESIA DALAM SISTEM KETATANEGARAAN DI INDONESIA Muhammad Jimmy Waldani; Dessy Artina; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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In the amendments to the 1945 Constitution, there are several balances ofpower in the relationship between the President and state institutions. This isdone as a reduction in the power of the President which has been seen as a verylarge prerogative in running the state administration system in Indonesia. Thischange is based on considerations to improve the efficiency and effectiveness ofstate administration. If we look closely, regarding the systematics of theappointment of the National Police Chief, it is worth asking about the location ofthe President's prerogative in the appointment of the National Police Chief. ThePresident's prerogative is a privilege possessed by the President to do somethingwithout seeking approval from other institutions. The purpose of writing thisthesis: First, to find out the problems in filling the position of the Chief of theIndonesian National Police with the approval of the DPR. Second, to find out theconcept of realigning the filling of the position of the Chief of the IndonesianNational Police in the constitutional system in Indonesia.The type of research used in this legal research is normative legalresearch. the approach used by the researcher is a normative juridical approach.Analysis of the data used is the author analyzes the data qualitatively. In drawingconclusions, the author uses the deductive method of thinking, namely a way ofthinking that draws conclusions from a general statement or proposition into aspecific statement.From the research results, there are two main things that can beconcluded. First, regarding the issue of filling the position of Chief of Police ofthe Republic of Indonesia with the approval of the DPR, it is divided into twopoints, including: (1) this seems to violate the concept of prerogative rights ownedby the President, (2) has the potential to create conflicts regarding decisionsmade between the DPR and the President. . Second, regarding the concept ofrealigning the filling of the position of the Chief of the Police of the Republic ofIndonesia in the constitutional system in Indonesia, it is divided into two points,including: (1) by strengthening the prerogative rights of the President, (2)promoting the concept of Check and Balances.Keywords: Prerogative Rights – State Administration System – President andDPR
POLITIK HUKUM PENGATURAN HAK ASAL USUL DESA ADAT DALAM UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA Abdul Adib Raimudin; Gusliana HB; Junaidi Junaidi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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In the government system of the Unitary State of the Republic of Indonesia,villages have authority based on origin rights as regulated in Village LawNumber 6 of 2014 article 19 letter a as emphasized in the explanation, namelyrights which are living inheritance and village initiatives or village communityinitiatives in accordance with with the development of society. In addition, basedon Law Number 6 of 2014 concerning Villages, Villages are interpreted asVillages and Traditional Villages or what are called by other names, are legalcommunity units that have territorial boundaries that are authorized to regulateand manage Government Affairs, the interests of the local community based oncommunity initiatives, rights of origin, and/or traditional rights that arerecognized and respected in the government system of the Unitary State of theRepublic of Indonesia. The Village Law recognizes the autonomy possessed by theVillage. Village autonomy is defined as providing opportunities to grow anddevelop following the development of the community itself. Villages, or other verydiverse names in Indonesia, were originally local community organizations thathad territorial boundaries, were inhabited by a number of residents, and hadcustoms to manage themselves, called self-governing communities.The type of legal research used is normative legal research, normative legalresearch is research conducted to collect and analyze secondary data. Innormative legal research, secondary data sources are usually only used, namelybooks, diaries, statutory regulations, court decisions, legal theories and opinionsof leading legal scholars.Efforts must be made so that obstacles in the implementation of the formation ofTraditional Villages can be realized to the fullest, namely: (a) Accelerating theformation of Provincial Regulations and their implementing regulations related toTraditional Villages, (b) Providing Comprehensive Traditional Village Referencesand Studies, (c) Increasing Knowledge of Government Apparatus and Communitytowards Traditional Villages, and (d) Optimizing the socialization of RegionalRegulations related to Traditional VillagesKeywords: Origin Right - Traditional Village - Government.
MEDIASI ANTARA KONSUMEN DAN PELAKU USAHA PADA TRANSAKSI E-COMMERCE VERRA SELY AUDIAWATY; Firdaus Firdaus; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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E-commerce connects business actors, consumers and other communitiesthrough electronic transactions to trade in goods, services and other information.This condition causes distance is no longer a barrier in the business world.Barriers such as the process of solving the problem of buying and sellingtransactions. This study seeks to analyze the completion of the mediation processbetween business actors and consumers which is completed by involving the e-commerce service providerThis type of research can be classified as normative legal research,namely legal research conducted by researching library materials. This studyexamines the subject matter in accordance with the scope and identification of theproblem through the statute approach, which is carried out by examining the lawsand regulations related to the legal issues under study. In this study the authorsconducted research on legal principles by utilizing descriptive methods. The datacollection technique used in Normative Legal Research is a library researchmethod, namely utilizing the library as a means of collecting data, by studyingbooks as reference materials related to the problems to be studied.The conclusions that can be drawn from the results of the study are: First,the completion of the mediation process between business actors and consumersis carried out in the context of a quick and simple settlement and relatively lowcourt costs with the results of the settlement being acceptable to both parties tothe dispute without causing new problems or prolonging the dispute. Thecompletion of the mediation process between business actors and consumers wasnot carried out properly. Business actors show an uncooperative attitude inresolving efforts. This is because in the process of resolving the mediation,business actors do not show good faith in responding to complaints fromconsumers. Business actors show an uncooperative attitude in resolving efforts.Second, the mediation process between business actors and consumers was notcarried out as well as each of the above stages. This is because in the mediationprocess the consumer does not refer to and does not know the stages mentionedabove.Keywords: Mediation, Consumers, Business Actor, E-Commerce Transactions
ANALISIS PELAKSANAAN USAHA WARALABA MINUMAN CHESEE TEA DI KOTA PEKANBARU DI TINJAU DARI PERATURAN MENTERI PERDAGANGAN NOMOR 71 TAHUN 2019 TENTANG PENYELENGGARA WARALABA Rokhimatul Isnaini; Maria Maya Lestari; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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In Indonesia, the legal rules regarding Franchise are not yet complete. Wecan observe this indicator from the legal provisions governing franchise business,which so far have only been regulated in one (1) Government Regulation and one(1) Ministerial Regulation, as mentioned above. The regulation through law hasnot been touched by the government. Ignorance of business actors to the laws andregulations is the responsibility of the government on this issue.This type of research can be classified in the type of sociological lawresearch (empirical), because in this study the author directly conducts researchon the location or place studied. This research was conducted in the city ofPekanbaru. While the population and sample are the cheese tea franchisebusiness group and the Head of the Pekanbaru City Industry and Trade Office.Sources of data used are primary data, and secondary data. Data collectiontechniques in this study were interviews, and literature review.The conclusions that can be obtained from the results of the study are: First, thelegal awareness of franchise business actors in the implementation of a localcheese tea drink franchise business in the city of Pekanbaru in terms of theMinister of Trade Regulation Number 71 of 2019 concerning FranchiseOperators is still very low. This can be seen from the Regulation of the Minister ofTrade Number 71 of 2019 concerning the Implementation of Franchising as a newlegal basis in regulating franchise businesses in Indonesia in Article 2 paragraph(2) has determined that Franchising must meet several criteria. the criteria inArticle 2 paragraph (2) of the Regulation of the Minister of Trade Number 71 of2019 concerning Franchise Operators. Second, good faith in carrying out theobligations of the agreement by the franchisee but not being carried out inaccordance with the agreement and Regulation of the Minister of Trade Number71 of 2019 concerning Franchise Organizers, which has a detrimental effect onthe franchisee and consumers.Keywords: Implementation, Franchise, Cheese Tea Drink
ANALISIS PEMBAGIAN TUGAS DAN KEWENANGAN ANTARA BUPATI DAN WAKIL BUPATI KUANTAN SINGINGI PERIODE 2016-2021 DALAM PERSPEKTIF UNDANG-UNDANG NOMOR 23 TAHUN 2014 TENTANG PEMERINTAHAN DAERAH Dolla Feradila; Emilda Firdaus; Zulwisman Zulwisman
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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The phenomenon of open disharmony between the Regional Head and Deputy RegionalHead often occurs, one of which occurs in the Regent and Deputy Regent of Kuantan SingingiRegency for the 2016-2021 period. In this case, the Deputy Regent felt he was not involved inmaking some policies. Therefore, the purpose of this thesis research is, firstly, the pattern ofdivision of tasks and authorities between the Regent and Deputy Regent in the perspective ofLaw no. 23 of 2014 concerning Regional Government in Kuantan Singingi Regency for the2016-2021 period. Second, the ideal concept of the division of tasks and authority between theRegent and Deputy Regent in administering government in the region, especially in KuantanSingingi Regency.This type of research can be classified into the type of sociological juridical research.With the research location in Kuantan Singingi Regency. While the population and sampleare parties related to the problem under study. This study uses primary and secondary datasources and data collection techniques are carried out by means of interviews and literaturereview.From the results of the research problem there are two main things that can beconcluded. First, the pattern of division of tasks and authority between Regent Mursini andDeputy Regent Halim in Kuantan Singingi Regency for the 2016-2021 period was not carriedout properly due to disharmony between the two caused by unclear division of tasks andauthorities; not so good communication; and it is not further elaborated in the Regent'sProvisions. Second, the ideal concept of division of tasks and authorities between the Regentand Deputy Regent in administering local government must refer to the provisions of theapplicable laws as the principle of legality; the creation of intensive communication; issuanceof a decision in accordance with the Regional Government Law as a juridical instrument forthe division of tasks between the Regent and Deputy Regent; and good governance must becreated. The author's suggestion is that first changes to the Regional Government Law.Second, ideally the division of tasks and authorities between the Regent and the DeputyRegent must: understand and carry out their duties and authorities by referring to theprovisions of the applicable laws as the principle of legality; create intensive communication;issue a decision in accordance with the Regional Government Law as a juridical instrumentfor the division of tasks between the Regent and Deputy Regent; and must create goodgovernance; and the existence of fair budget arrangements.

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