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INDONESIA
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
PELAKSANAAN PERJANJIAN SEWA MENYEWA PERALATAN BERKEMAH ANTARA PIHAK PENYEWA DENGAN TEMPAT PENYEWAAN ALAT DI ARVIN ADVENTURE PEKANBARU Windu Nursalisa; Firdaus Firdaus; Meriza Elpha Darnia
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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Abstract

A rental agreement to rent camping equipment between the lessee and the lessee is aform of legal relationship to meet the needs or interests of a matter. In this case the partieshave their respective rights and obligations. However, in reality this still causes problemscaused by one of the parties, both the tenants and Arvin Adventure. This clearly needs to beinvestigated because if one of the parties commits a default, then everything must be inaccordance with the applicable laws and regulations. If this is not implemented, it is possiblethat injustice will occur to the aggrieved party.The formulation of the problem posed is how is the implementation of the campingequipment rental agreement between the lessee and the equipment rental place ArvinAdventure Pekanbaru and how is the settlement of the camping equipment tenant in the eventof a default on the equipment rented by Arvin Adventure Pekanbaru. This research is asociological legal research, a research carried out by going directly to the location of theresearch object in order to obtain the required data.The results of this study indicate that the implementation of the camping equipmentrental agreement between the lessee and the equipment tenant at Arvin Adventure Pekanbaruis in accordance with the provisions of Article 1313 of the Civil Code and Article 1548 of theCivil Code. However, in reality this still causes problems which result in losses experiencedby Arvin Adventure Pekanbaru, namely defaults committed by the lessee and problemsarising because of the lessor. Settlement of these problems was resolved based onnegotiations between the two parties. In the case of a camping equipment rental agreement,each party must know which rights and obligations it has and the parties must have goodfaith in entering into the agreement.Keywords: Performance, Lease Agreement, Camping Equipment
PENYELESAIAN PERSELISIHAN HUKUM INDUSTRIAL ANTARA PT. INDOSURYA SIMPAN PINJAM CABANG PEKANBARU DENGAN KARYAWAN BERDASARKAN UNDANG-UNDANG NOMOR 2 TAHUN 2004 TENTANG PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL KENNISA MAHARANI; Hayatul Ismi; Hengki Firmanda
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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Termination of employment is regulated in Articles 150 to Article 170 ofLaw Number 13 of 2003 concerning Employment, Process for resolving disputesbetween mediators from the Riau Province Manpower and TransmigrationService. , conciliation, arbitration and settlement in the Industrial RelationsCourt. The settlement of the mediation is not reached peace, because the result ofthe mediation. The main problem is how to implement termination of employmentat the mediation level in the context of resolving industrial relations disputes atthe Manpower and Transmigration Office of Riau Province and what are theobstacles in resolving disputes over termination of employment at the mediationlevel in the context of resolving industrial relations disputes according to the Law.The study took a sample from a population and used interviews as a meansof collecting basic data. The nature of descriptive research is to describe thecurrent state of the subject or object of research based on the facts that appear asthey are. Implementation of the settlement of disputes over termination ofemployment (PHK) at the mediation level at the Office of Manpower andTransmigration of Riau Province, namely the mediator acts as a neutral andarbiter of parties, helping to solve problems and finding solutions to the disputesencountered. mediation and mediation stage, at the pre-mediation stage themediator collects background information and facts of the dispute, at themediation stage, the mediator carries out mediation according to his capacity tobe able to produce the right solution so that termination of employment can beavoided and is impartial and neutral in resolving disputes.Barriers to the Implementation of Dispute Settlement Termination at themediation level at the Manpower and Transmigration Service, namely: it isdifficult to find the presence of the leadership of PT.Indosurya Pekanbaru branchor central, due to the reason the leadership is not always in the office when youwant to be met, the distance traveled by the parties because the location of themediation place is far from their place of origin, the handling is not completed bythe mediator, there is no agreement with proof of signing the agreement file. Theexistence of different points of view, reluctance to understand what is conveyed bythe mediator, does not accept the opinion of the mediator.Keywords: Settlement-Industrial Law Disputes-Employees
POLITIK HUKUM PENGATURAN TELEMEDICINE DI INDONESIA BERDASARKAN PERATURAN MENTERI KESEHATAN NOMOR 20 TAHUN 2019 TENTANG PENYELENGGARAAN PELAYANAN TELEMEDICINE ANTAR FASILITAS PELAYANAN KESEHATAN Bangun Risael Ikhsan; Mexsasai Indra; Ledy Diana
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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Health is a human right and one of the elements of welfare that must berealized. The times and technology have made progress in the field of health andmedical science, such as online doctors who use web-based health services andapplications, known as telemedicine. The existence of telemedicine certainly has animpact and influence on the birth of a regulation or rule which regardingtelemedicine is regulated through the Minister of Health Regulation Number 20 of2019. The regulation of telemedicine which is regulated in the Minister of HealthRegulation Number 20 of 2019 concerning Telemedicine, regulates the presence ofdoctors and health service facilities that use the website and an application toconnect patients with doctors which is done online. the presence of a rule of courseto provide legal certainty, justice and benefit where the Minister of HealthRegulation Number 20 of 2019 concerning Telemedicine is the legal umbrella fortelemedicine.The results of this study examine and analyze the current regulations,namely the Minister of Health Regulation Number 20 of 2019 as a legal umbrellaregarding telemedicine where the regulation and content of this Minister of Healthdoes not provide legal certainty and regulations regarding telemedicine have beenleft behind from the development of progress in the health sector which is notfollowed by developments. constitutional law in legal reform in the health sector,especially in terms of regulations regarding telemedicine, the ideal concept of theaspired law (ius constituendum) regarding the regulation of telemedicine must referto the Health Act and the Law on Medical Practice as well as the Minister ofHealth's Regulation on telemedicine as well must contain content about thefulfillment of health in remote areas and regional responsibilities in the fulfillmentand implementation of telemedicine so that the issuance of regulations that trulyprovide certainty to the community as a form of fulfillment of the concept ideal ofa rule.Keywords: telemedicine, implementation of telemedicine, legal politics.
PELAKSANAAN PERJANJIAN KEMITRAAN ANTARA PERUSAHAAN PENGANGKUTAN DENGAN KURIR (Studi Kasus Perjanjian Kemitraan N0.230/PM/MAS/III/2022) Siti Alfiatul Mukaromah; Maryati Bachtiar; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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This study discusses the cooperation agreement between the transportcompany and the courier (case study of the cooperation agreement No.230/PM/MAS/III/2022)”. An agreement is an act whereby one or more personsbind themselves to one or more other persons. Based on Article 1338 of the CivilCode which reads: "All legal agreements are law for those who make them".These agreements may not be revoked except with the consent of both parties, orfor reasons sufficient by law. The purpose of writing this thesis is; First, to findout the fulfillment of the transport company's rights and obligations with thecourier in the cooperation agreement on the basis of good faith; Second, seekefforts to resolve disputes about the rights and obligations of the carrier with thecarrier in a cooperation principle of good faith. The type of legal research theauthor uses is normative legal research or library law research.This type of research can be classified into the sociological researchtype because in this research the author conducts research directly at theresearch site or place to get a complete and clear picture of the problem underinvestigation. This survey was conducted by PT Satria Antaran Prima (SAP)Pekanbaru City, while the population and sample are all parties related to theissues examined in this survey, the data sources used, primary data and secondarydata, and tertiary data, data collection techniques in this study throughobservation and interviews.From the results of this research, the author concludes that the legalprotection of the rights and obligations of carriers with couriers based oncooperation agreements has not been fully implemented properly. The content ofthe cooperation agreement is determined unilaterally in relation to the carrier'sobligations. Couriers do not have the right to convey considerations about thecooperation agreement so that it is less profitable for the parties, especially thecourier. So that the rights and obligations under the partnership agreement arenot met. Settlement of disputes about the rights and obligations of the carrier withthe carrier in the first cooperation agreement through consultation and thesecond through mediation. Dispute settlement through consultation has notachieved the maximum result in practice, so that the parties to the dispute havenot been given proportionate rights and obligations.Keywords: Courier, Transport company, Cooperation agreement.
PELAKSANAAN JUAL BELI MOBIL BEKAS DI SHOWROOM SKY MOTOR PEKANBARU Jessica Olivia; Hayatul Ismi; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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Abstract

The need for private transportation in the midst of a pandemic that has notended, has an impact on used car sales which are slowly but surely rising again.This used car buying and selling activity will of course begin with an agreementbetween the two parties that is included in the contents of the agreement. Usuallythe form of an oral agreement or written agreement signed on stamp duty by bothparties. In a broad sense, an agreement means any agreement that is caused as alegal consequence as agreed by the parties. In connection with the buying andselling of used cars, problems often occur that do not only originate from businessactors, but also from buyers who are interested in a used car in a showroom, oneof which the author has built in the following research.This type of research can be classified in the type of descriptive qualitativeresearch, because in this study the author directly conducts research on thelocation or place under study in order to provide a complete picture and explainthe problem under study. This research was conducted at the Sky MotorShowroom Pekanbaru, while the population and sample were all parties relatedto the problems studied in this study, the data sources used were primary data,primary data, secondary data and tertiary data. Data collection techniques in thisstudy by observation, interviews and literature study.The results of this study are the car buyer has defaulted, the sale andpurchase agreement becomes invalid because the car buyer does not pay thedown payment as agreed in the agreement. According to the provisions of Article1243 of the Civil Code, compensation due to non-fulfillment of a new obligationthat is required if the debtor after being declared negligent in fulfilling hisengagement continues to neglect it, or something that must be given or done canonly be given or done within the time period that has passed. The loss wasdeclared obliged to be replaced by the debtor starting from the time he wasnegligent on January 20, 2022 which should have been repaid on January 19,2022. Finally, payment of the remaining money and fines for late payment ofadvances by the buyer in stages with the completion of the payment of fines onMarch 2, 2022.Keywords : Agreements – Sell and Buy – Used Cars – Rights and Obligations
KEDUDUKAN DAN KEKUATAN HUKUM KEPUTUSAN BERSAMA MENTERI DALAM PERSPEKTIF PERATURAN PERUNDANG- UNDANGAN DI INDONESIA Laili Ramadhani Setiawatidina; Mexsasai Indra; Zulwisman Zulwisman
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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Joint Ministerial Decree is a decision made by more than one minister on amatter which each minister concerned has an interest in regulating. Decree withthe minister is not regulated in Indonesian laws and regulations. Theimplementation of the position and legal force of the Joint Ministerial Decree isstill a matter of debate in terms of several aspects, such as the definition, content ofthe Joint Ministerial Decree. One example of a controversial SKB is SKB No.2/KB/2021 Concerning the Use of Uniforms and Attributes for Students, Educators,and Education Personnel in Schools Organized by Local Governments atElementary and Secondary Education Levels and Number KEP-033/A/JA/6/2008Concerning Warnings and Orders to Adherent Members, and/or Members of theManagement of the Indonesian Ahmadiyya Congregation (JAI) and members of thepublic.The purposes of this study are: First, to find out how the position and legalpower of joint ministerial decisions in the perspective of legislation in Indonesia,Second, to find out the ideal concept of the position and legal power of jointministerial decisions in the perspective of laws and regulations in Indonesia.The author conducted this research using a normative research method orliterature study which discusses the vertical and horizontal synchronization of lawrelating to the Joint Ministerial Decree in the perspective of legislation inIndonesia. In addition to issuing regulations, the minister also has the authority toissue policies in the form of decisions. Second, the ideal concept of this Ministerialdecree is a change to law No. 12 of 2011 and the president issues a regulation(presidential regulation) that confirms the position, substance, and procedure of ajoint ministerial decree.Keywords: Joint Decree, Minister, Legislation.
ANALISIS HUKUM PASAL 37 AYAT (5) UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 DALAM PERSPEKTIF AMANDEMEN TERHADAP KONSTITUSI DI INDONESIA Min Amir Habib Efendi Pakpahan; Dessy Artina; Zulwisman Zulwisman
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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The existence of Article 37 paragraph (5) of the 1945 Constitution of the Republic ofIndonesia becomes interesting to be discussed in the academic space due to its contents whichmaintain the form of a unitary state as something that cannot be changed (unmendable provision).The formulation of these norms was actually inseparable from the historical aspects that colored themystical atmosphere (gestlichen hintergrund) at that time, starting from the BPUPKI session whichexpressed the views of various figures to the meeting to amend the 1945 Constitution of theRepublic of Indonesia which was amended four times from 1999-2002. Therefore, regarding theform of the state which is basically a great topic that is debated, it needs sufficient attention bothfrom an academic and legal perspective. This has become a special interest for the author toconduct further research on it.This research is a normative legal research. This is based on library research which takesquotations from reading books, or supporting books that are related to the problem to be studied.Primary, secondary and tertiary data sources are characteristic of this study. This study also usesqualitative data analysis and produces descriptive data.From the results of the research conducted, there are several conclusions obtained, namely:First, the formulation of article 37 paragraph (5) of the 1945 Constitution of the Republic ofIndonesia is only a political resultant that can be changed according to the agreement and will ofthe wider community. The interpretation of the constitution that has been carried out has succeededin describing that there are various historical and sociological factors in maintaining the form of aunitary state as the choice of the form of state that we adopt. Second, the perspective of changingthe constitution carries a juridical and theoretical implication that the term clause that cannot bechanged is only a political resultant, therefore, making it final and absolute and cannot be changedis a violation of the will of the constitution which is amended based on the will of the people.Therefore, the history of law becomes the rationale for describing and contextually explaining whythe form of the state cannot be changed. Efforts to amend the constitution should not recognize theterm finality for something that cannot be changed and contested. This can happen as long as thepublic wants it.Keywords: Constitutional Amandement – Unamandable Provision
MODEL PENANGGULANGAN TINDAK PIDANA PENCURIAN OLEH BHABINKAMTIBNAS DI WILAYAH HUKUM KEPOLISIAN RESOR BENGKALIS Andria Familta; Erdianto Effendi; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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The crime level is increasing every year. Especially in the current pandemic situationwhich causes many laid off, control on activities outside the home and the lack of jobs thatmakes the unemployment rate increases. while the necessity of life must be fulfill every day.This kind of situation sometimes making someone taking a short cut by stealing. Criminal actof theft regulated in Criminal code second book about crime against property.Bhabinkamtibnas is part of division police duty. Bhabinkamtibnas is regulated in IndonesianNational Police Chief Regulations No. 3 of the 2015 on the community policing. Handlingminor crimes is classified to problem solving process by Bhabinkamtibnas based onagreement together without any pressure from any side. The purposes of this research is tofind out the Factor that can caused criminal act of theft and to know the specimencountermeasures of the criminal act of theft in the region Police Bengkalis. This research issociological law research because the data obtained directly in place. This research wasconducted in the region Police Bengkalis. The population and sample is all participant thatrelated to research problem. This research uses sources consisting of primary, secondary,and tertiary legal materials. Data collection technique come through by doing someobservation, interview and questionnaire. This research also used qualitative data analysisand produced descriptive data.From the research result, there’s two main thing that can be concluded. First, thefactors caused criminal act divided by two. Internal factors included individual/religion,education and economic and external factors included neighborhood, by chance andcommunity development system. Second, Bhabinkamtibnas has their new crime preventionmodels to press crimes by build some collaboration with footwear business of village ownedby enterprises, doing some guidance and socialization, visiting every house and problemsolving. There’s two advices from the research. First, number of members Bhabinkamtibnasneed to be increased will make the implementation of the task could be optimal. Second,people need to be more open with someone was commited crime. This stigma needs to bebreak because everyone has their own dark path and they have a chance to be better thanbefore.Key word: criminal act of theft, Bhabinkamtibnas, crime prevention models.
ANALISIS GERAKAN SEPARATISME DI PAPUA MENURUT UNDANG – UNDANG TERORISME Delia Nadriah Awina Wirdatul Nadriah; Erdianto Effendi; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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Separatism is an attempt to separate oneself from a country or state. Separatist efforts aim to achieve autonomy or separation to stand alone or to merge with other countries. Which has the aim of separating itself from a region or country, this is done to create an independent region or group and gain its own sovereignty as a new State. The main problems in this research are: Can the separatist movement in Papua qualify as terrorism? What are the obstacles to qualifying the separatist movement as Terrorism?The research method used in this thesis is using normative legal research methods, which is a process to find a rule of law, legal principles, and legal doctrines in order to answer the legal issues faced and by systematically reviewing norms and legal rules and data. from literature study.From the results of the study, there are two main problems that can be concluded. First, the activities of Separatism and Terrorism in the Criminal Code are two different things. Determination of Armed Criminal Groups in Papua or better known as KKB in Papua cannot have legal certainty because it is not in accordance with applicable positive law. Armed Criminal Groups in Papua cannot be prosecuted under Law Number 5 of 2018 because the KKB in Papua is a politically motivated separatist group. Second, law enforcement against these groups will be different from law enforcement in general regulated by the Criminal Procedure Code because the terrorism law is special and deviates from criminal law rules, this is due to the reason that they have political goals, so they cannot be charged under the law terrorism.Keywords : Separatism - Terrorism - Armed Criminal Group.
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
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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

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