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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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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 WAKAF TANAH YANG TIDAK MEMILIKI AKTA IKRAR WAKAF (AIW) PADA PERUMAHAN MUTIARA KUALU PERMAI Yolla Indriana; Mardalena Hanifah; Dasrol Dasrol
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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Waqf land in Indonesia has been known and implemented by Muslims since Islamentered Indonesia. Land waqf is one form of waqf object in Indonesia. Waqf has the potentialto advance the economy in Indonesia. This is evidenced by the large amount of waqf land thatshould be developed even more. The problem that occurs is regarding the position of waqfland at Mutiara Kuala Permai Housing. The main problems in this study are: First, how isthe implementation of land waqf that does not have a Waqf Pledge Deed (AIW) at MutiaraKuala Permai Housing Complex? Second, what are the legal consequences of landendowments that do not have a Waqf Pledge Deed (AIW) at Mutiara Kualu Permai HousingComplex?This research is a juridical research or sociological legal research, namely researchconducted directly on location or in the field to obtain data to provide a complete and clearpicture of the problem under study. The population is all parties, namely Mr. Joni Sapriadi,S.E as Nazhir, Mr. Ir. Gustiwan as Head of RT 08/RW 01 Dusun V Kampung Baru, KualuVillage, and Mr. Developer as Mutiara Kualu Permai Housing according to the problemsexamined in this study. Sources of data used primary data sources and secondary data. Datacollection techniques used, interviews and literature review.The results of the research that can be concluded. First, the implementation of waqfland for public facilities that do not have a Waqf Pledge Deed (AIW) at Mutiara Kualu PermaiHousing is known that the existence of land for public facilities from the developer to thecommunity is a form of obligation as a condition that must be met by the developer inobtaining the benefits of the partnership program. subsidized housing from the governmentso that if there is no transfer of land for public facilities, then in essence the housing cannotbe part of the government's subsidized housing program. Based on the status of the landprovided by PT Mutiara Anugerah Mandiri, it is a waqf land. Second, the legal consequenceof a land endowment that does not have a Waqf Pledge Deed (AIW) at Mutiara Kualu PermaiHousing is a violation. In order to avoid sanctions, PT Mutiara Anugrah Mandiri is obligedto complete the Waqf Pledge Deed from the public facility land as soon as possible. Inaddition, for the community, if there is no action from the developer, they can make acomplaint to the Regent through the Kampar Regent through the Kampar District Housingand Settlements Office, Jl. Langgini, Kec. Bangkinang, Kampar District, Riau.Keywords : Waqf – Waqf Land – Waqf Implementation.
TINJAUAN YURIDIS KEBERADAAN BANDAR UDARA SULTAN SYARIF KASIM II BERDASARKAN PERATURAN DAERAH PROVINSI RIAU NOMOR 10 TAHUN 2018 TENTANG RENCANA TATA RUANG WILAYAH PROVINSI RIAU TAHUN 2018-2038 Kiki Amelia Eflin; Mexsasai Indra; Junaidi Junaidi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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The existence of the Sultan Syarif Kasim II airport, which is currently inthe middle of Pekanbaru City, of course, dramatically influences the spatialplanning of the Pekanbaru City area. This condition will cause urban land use inPekanbaru to become less than optimal. The purpose of writing this thesis is, first,to find out the whereabouts of the Sultan Syarif Kasim II airport based on theRegional Regulation of the Riau Province Number 10 of 2018 concerning the RiauProvince Regional Spatial Plan for 2018-2038. Second, to find a bright spot for theRegional Government in relocating the existence of the Sultan Syarif Kasim IIairport.This type of research is sociological, legal research conducted at theRegional Development Planning Agency of Riau Province, Commission IV of theRegional People's Representative Council of Riau Province, and the Meteorology,Climatology, and Geophysics Agency (BMKG). The population and sample usedare all parties related to the problems studied in this study.The results of this study indicate the existence of Sultan Syarif Kasim IIAirport, which wants to be developed into a primary-scale collector airport thatserves passengers with a total of 5,000,000 (five million) people per year.Construction and development at the current airport location are not feasiblebecause the land is narrow or there is no space to develop the airport to remain inthis location. Therefore it is necessary to relocate the existence of Sultan SyarifKasim II Airport. The government's obstacles in relocating the airport arelocation factor, land condition and land slope factor, land acquisition factor, winddirection, wind speed factor, and budget factor. The government must coordinatewith Angkasa Pura II and equate the perception of the concept of the RegionalSpatial Plan (RTRW) and the Flight Operations Safety Area (KKOP) so that itruns synergistically. The government must immediately make a regulation in theform of a Detailed Spatial Plan (RDTR), which regulates the height of thebuilding and the Basic Coefficient of Buildings and Extraordinary Events aroundthe Sultan Syarif Kasim II Airport area.Keywords: Airport-Spatial planning
ANALISIS YURIDIS PERLINDUNGAN PENGUNGSI DI JALUR BALKAN PADA MASA PANDEMI COVID-19 PASCA KEBIJAKAN PENOLAKAN PENGUNGSI OLEH KROASIA Muhammad Rusdiansyah; Zulfikar Jayakusuma; Evi Deliana HZ
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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At the end of 2020 the DRC (Denish Refugee Council) issued a reportthat the Croatian border security had taken action against refugees. Theuncontrolled condition of Covid-19 is the reason Croatia has refused the entryof refugees. As a participating country in The Convention Relating to theStatus of Refugees 1951, Croatia has an obligation to comply with existingregulations, including the prohibition against turning away refugees asstipulated in Article 33 paragraph 1. However, the Covid-19 pandemic hascaused Croatia to reject the entry of refugees. This has an impact on theresponsibility of providing protection to refugeesThe type of this research is normative research using literature studiesin searching for data. This research is descriptive by using the existing rulessynchronization method. In this study using qualitative methods in analyzingthe data that has been collected by the author. The data used is secondary datain the form of codified rules.The results of this study explain that the responsibility to provideprotection for refugees has changed to become the responsibility of UNHCR.This is because the condition of Covid-19 in Croatia has an impact onCroatia's inability to carry out its obligations as a participating country to the1951 Convention. The form of protection that can be provided to refugees isin the form of implementing the UNHCR program, namely Human Assistanceto protect refugees in the Balkans. the author's suggestion, namely theimplementation and implementation of the UNHCR mandate to protectrefugees, and the increase in cooperation between countries through theBalkan route and also UNHCR in implementing human assistance programsto protect refugees during the Covid-19 pandemic.Keywords: Croatia, Refugee, Covid-19
PELAKSANAAN PELAYANAN KESEHATAN RUMAH SAKIT UMUM DAERAH KOTA DUMAI BERDASARKAN UNDANG-UNDANG NOMOR 25 TAHUN 2009 TENTANG PELAYANAN PUBLIK DI MASA PANDEMI VIRUS COVID-19 Fikri Saputra; Dessy Artina; Muhammad A. Rauf
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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Health is a state of well-being of the body, soul and social life that enables sociallyand economically productive life. The law also regulates health services for its citizens,where Indonesia is currently facing several population health problems that still needserious attention from all parties because the impact will affect the quality of Indonesiain the future. The purpose of writing this thesis, namely; First, to find out theimplementation of health services at the Dumai City Hospital during the Covid-19period based on Law Number 25 of 2009 concerning Public Services, Second, to findout what are the obstacles and conveniences in carrying out Law Number 25 of 2009concerning Public Services in Services the health of the Dumai City Hospital during theCovid-19 period.This type of research is sociological juridical. The data sources used are primarydata and secondary data consisting of primary legal materials, secondary legalmaterials, and tertiary legal materials. Data collection techniques in this study usedobservation, interviews, and literature review. After the data is collected then analyzedto draw conclusions.From the results of the study it was concluded that: First, health services inhandling patients during the Covid-19 pandemic at the Dumai City General Hospitaldid not fully meet service standards according to Law Number 25 of 2009 concerningPublic Services. So it can be concluded that the services provided by the DumaiRegional General Hospital are still not good. Second, obstacles in the implementationof health services in handling patients during the Covid-19 pandemic at the Dumai CityGeneral Hospital, when viewed from indicators of the effectiveness of public serviceshave not been fully maximized, because there are several deficiencies such as: lack ofparking space, lack of rooms and beds for inpatients, lack of medical equipment, lack ofdoctors and nurses, lack of ambulances, lack of human resources in providing servicesin the laboratory department. Author's suggestion, First, Dumai City Regional GeneralHospital is a health center in Dumai City, it is hoped that nurses when providingservices will be more responsive, provide faster services to patients, provide facilitiesthat are still lacking, provide doctors, and provide more services. friendly towardspatients when providing services so that patients feel comfortable and satisfied whenreceiving services to patients. Second, efforts need to be made in order to improvehealth services at the Dumai City General Hospital by increasing the professionalquality of medical personnel, adding vehicle units from ambulances and others,laboratory services need to add medical personnel, and add doctors.Keywords: Health Services-Monitoring-Covid-19 Virus Pandemic
PERAN INDONESIA, MALAYSIA DAN SINGAPURA DALAM KESELAMATAN PELAYARAN DI SELAT MALAKA SEBAGAI SELAT INTERNASIONAL Chylsia Felyaross Lasambouw; Evi Deliana; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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The use of the sea in state life by countries around the world is regulatedby the United Nations Convention on the Law of the Sea 1982 (United NationsConvention on the Law of the Sea of 1982, abbreviated as UNCLOS 1982). One ofthe sea water areas that is the scope of the regulation by UNCLOS 1982 is thestrait used as an international shipping lane, the Strait of Malacca is one of them.As one of the busiest straits used as a shipping lane for international trade, theStrait of Malacca is seen as still having a lack of shipping security by shipownercountries that always sail through the Strait of Malacca, including Japan, and theUnited States. Based on geographical facts, the Strait of Malacca is part ofIndonesia, Malaysia and Singapura.This research is carried out based on the normative-juridical type ofresearch which means research conducted on legal principles that are dotted withthe provisions of written law and first identify the provisions contained in certainlaws. In this study, the data sources used are secondary data with primary,secondary and tertiary legal sources based on literature studies.From the results of research on this issue it can be concluded thatUNCLOS 1982 recognizes the right of archipelagic states (the concept of thesovereignty of archipelagic states) to draw a straight baseline of islandsconnecting the outermost points of the outer islands and this has been recognizedinternationally, which means that the exercise of sovereignty or jurisdiction ofstates bordering the strait is carried out in accordance with the provisions in thissection (part III of UNCLOS 1982) and other international legal regulations. Inaccordance with what has been proven above that the geographical position ofthe Strait of Malacca which is located in the area of Indonesia, Malaysia andSingapore where the provisions regarding the legal status for the waters that arethe straits used for international shipping we can see that as a coastal state overthe strait used for international shipping this must be in accordance with itsregulations based on the rights and jurisdiction of the coastal state and the rightsand freedoms of the country.Keywords : Strait of Malacca - International Law - UNCLOS 1982International Navigation
PERTANGGUNG JAWABAN PEMILIK HEWAN PELIHARAAN ANJING YANG MELUKAI ATAU MEMBAHAYAKAN JIWA ORANG LAIN Yuri Prayoga A.; Erdianto Effendi; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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Criminal law recognizes the principle of criminal responsibility. Ideally, regulationsthat uphold justice are not only burdensome to one party, be it the perpetrator or the victim.In this study, there are two main issues: First, what is criminal liability for dog owners whoendanger the lives of other people, second, what are the specific standards and ideas forappropriate sanctions for the future related to the problem of keeping dogs in the future.The objectives of this minithesis are: First, to solve the problem of criminal liabilityfor dog owners who endanger other people's lives. Second, To find specific standard answersand appropriate sanction ideas related to dog rearing problems in the future. The authorconducted research using normative juridical methods or literature studies.From the research results there are two main things that can be concluded. First, thecriminal liability of dog pet owners who endanger the lives of other people. In criminal law,the liability of pet owners who endanger the lives of others uses the rules on negligence.Whoever because of his fault (negligence) causes another person to die, shall be punished bya maximum imprisonment of five years or a maximum light imprisonment of one year. Second,specific standards and appropriate sanction ideas for the future related to keeping dogs in thefuture. Because there are no specific regulations related to keeping dogs, special standardsfor keeping dogs must be formulated, namely dog keeping permits, cages that are largeenough, chain ties according to the size of the pet dog, adequate and good care and feeding.Furthermore, the idea of the right sanction for the future in the case of a pet dog that killsanother person depends on the consequences caused by the dog. We also see the over capacityfactor of prisons in Indonesia. So the sanction does not have to be just imprisonment. Can bereplaced with a fine or imprisonment.The author's suggestion in this study, suggests the importance of socialization by theauthorities regarding the maintenance of good and correct dog pets in society. As we know,many Indonesian people are interested in keeping dangerous animals. Especially dogs as pets.Must remind each other in living everyday life. If there are our neighbors who keep dogs anddo not implement a security system that guarantees the safety of the owner and neighborsaround the house. Suggested that there is a need for special arrangements regarding themaintenance of dog pets in Law no. 41 of 2014 changes to Law no. 18 of 2009 concerningAnimal Husbandry and Health. Because there are no specific rules governing the maintenanceof dogs.Keywords: Criminal Liability-Pet Dogs-Special Standar
PELAKSANAAN PENYALURAN WAKAF UANG DALAM UPAYA PEMBERDAYAAN EKONOMI MASYARAKAT PADA BADAN WAKAF INDONESIA PERWAKILAN PROVINSI RIAU Derisma Wulandari; Mardalena Hanifah; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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Cash waqf is a legal act of waqf by separating or donating a portion ofone's money to be used for a specified period of time or forever in accordancewith the interests of the waqif used for the purposes of worship or welfare of thepeople according to Sharia law. In its implementation, there was a delay in thedistribution of cash waqf funds raised to be used to improve the welfare of thepeople. Currently, the Indonesian Waqf Agency (BWI) representative for Riauprovince is facing difficulties in managing and introducing cash waqf to thepublic. The community does not see the real results of cash waqf and does notunderstand the concept and existence of cash waqf, even though cash waqf has thepotential to improve people's well-being. The aim of writing this thesis is firstly tofind out the implementation of cash waqf distribution in an effort to strengthen thepeople's economy at the BWI representative of Riau province, secondly to find outthe obstacles and efforts in the implementation of cash waqf distribution in aneffort to strengthen the people's economy at BWI Representative of Riau Province.This research is classified as empirical legal research, namely researchinto the effectiveness of law, how law functions in society. This study wasconducted at the BWI Representative Office of Riau Province, while thepopulation and sample were waqf and waqf management and developmentdivisions related to the issues studied in this study, the data sources used wereprimary data and secondary data, data collection techniques in this studyconsisted of interviews and literature review, after the data were collected andthen analyzed to draw conclusions.The results of the investigation can be concluded: First, the BWIrepresentative of Riau Province is still in the fundraising stage and has beendeposited with the Sharia Financial Institution Receiving Money Waqf. Second,Cash waqf cannot be distributed because there is no Sharia Guarantee Institutionas guarantor or supervisor over the principal amount of the waqf to be managed.Efforts made are the existence of a governor's circular. The author's suggestionis, first, that BWI immediately distributes the benefits of cash waqf. Second, thereare regulations regarding the procedures for managing and developing cash waqffrom the Sharia Guarantee Institution's side.Keywords: Implementation - Cash Waqf - Public Welfare
PENATAAN KEWENANGAN MENTERI BADAN USAHA MILIK NEGARA DALAM PENETAPAN KOMISARIS BADAN USAHA MILIK NEGARA suhela arnis; Dessy Artina; Meriza Elpha Darnia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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As a rule of law based on the values of Pancasila and the 1945 Constitution ofthe Republic of Indonesia, State-Owned Enterprises (BUMN) as part of separated stateassets are in order to carry out the function of state prosperity and welfare by using theconcept of a welfare state approach. which is mandated by the Constitution Article 33Paragraph (2) and Paragraph (3) of the 1945 Constitution. With the very vital role ofcommissioners in the company, the non-optimization of the board of commissioners inthe BUMN structure will indirectly reduce the quality of BUMN in achieving BUMNgoals.With the phenomenon of multiple positions, the appointment of ex-convicts incorruption cases as commissioners of BUMN, and the determination of BUMNcommissioners from non-professional circles suspected of being politically appointed,show and the need for structuring the authority of the BUMN minister in determiningthe appointment of BUMN commissioners.This research was conducted with the type of normative juridical research,namely research carried out by examining secondary legal materials or research basedon standardized rules that have been recorded which is also called, with doctrinalresearch or library research.Research results, The first is the authority of the Minister of BUMN inassigning commissioners to BUMN which is attributive (original). The second isthe need for the role of the state in carrying out government functions in structuring theauthority of the Minister of BUMN in determining BUMN commissioners andstrengthening the principles of good corporate governance. Suggestions from theauthorFirst, it is expected that the Minister of BUMN will appoint a BUMNcommissioner based on the criteria has been determined. Second, according to theauthor,According to the author, the requirements and procedures for appointingand dismissing members of the BUMN board of commissioners must be regulatedin the form of a law so that these rules are more binding,and the government actiontaken by the BUMN minister to appoint a BUMN commissioner must be seen asagoverment action so that it remains the object of supervision of the House ofRepresentatives (DPR).Keywords :Authority, Minister, Commissioner and State-owned enterprises
PENEGAKAN HUKUM TERHADAP PENGGUNAAN SENJATA API RAKITAN DI WILAYAH HUKUM KEPOLISIAN RESOR KOTA PEKANBARU Yosua Novfryan Nainggolan; Evi Deliana; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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Assembled firearms are also called small arms because they are replicas and are assembled followingthe patterns of standard combat firearms, which are produced by illegal "home-made" gun manufacturingfactories by the public. With the ownership of homemade firearms by civil society, law enforcement must becarried out against anyone who violates the law according to applicable regulations, namely the EmergencyLaw of the Republic of Indonesia Number 12 of 1951. In this case, the Pekanbaru City Police plays the roleof law enforcer. In the 2017-2021 period, cases of the use of homemade firearms are still common, andthere are also cases that have not been resolved. The purpose of writing this thesis, namely; First, knowingthe law enforcement against the use of homemade firearms in the jurisdiction of the Pekanbaru City Police.Second, obstacles in law enforcement against the use of home-made firearms in the jurisdiction of thePekanbaru City Police. Third, efforts to overcome the use of homemade firearms in the jurisdiction of thePekanbaru City Police.This type of research is sociological legal research, namely research that seeks a correlation betweenlaw and society. This research is descriptive, that is, the researcher tries to provide an overview of the casesunder study.The results of this study are that the misuse of homemade firearms still often occurs in the community.The Pekanbaru City Police have implemented preventive and repressive law enforcement, although thereare still internal obstacles such as a lack of information by the police, as well as external obstacles such asa lack of community participation.Keywords : Homemade Firearms – Police – Public
KEBIJAKAN HUKUM PENGENAAN SANKSI TINDAKAN BERUPA PROGRAM LATIHAN KERJA BAGI ORANG TUA YANG MENGEKSPLOITASI ANAK DALAM PEMBAHARUAN HUKUM PIDANA INDONESIA Ade Mulyani; Erdianto Effendi; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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In the explanation of Article 76I of the Child Protection Act, it is explainedthat everyone is prohibited from placing, allowing, doing, ordering to do orparticipate in economic and/or sexual exploitation. However, until now variouskinds of problems regarding child protection are still difficult to handle, sanctionsagainst parents or anyone who exploits children, both economically and/orsexually, is a maximum imprisonment of 10 years and/or a maximum fine of Rp.200 million. However, to determine criminal sanctions often cannot be applied bythe authorities for several reasons. One of them is a dilemma by the police whoare in charge of arresting the perpetrators, in cases of child exploitation becauseparents are forced to send their children to work to help them make ends meet.The main problems in this research are: How is the regulation related to childexploitation in Indonesia's current positive law; How is the effectiveness of thelegal policy regulating the imposition of sanctions for acts of exploitation ofchildren by parents in the renewal of Indonesian criminal law.The type of research used in this research is normative legal research or itcan also be called doctrinal legal research. Normative legal research is librarylaw research. This research focuses on legal principles. The legal principle usedis the principle of expediency.In connection with the application of sanctions for perpetrators of childexploitation, both economically and sexually as mentioned above, the authors didnot find a solution to the imposition of criminal sanctions and fines. This isbecause criminal sanctions and fines do not deter perpetrators, but it becomeseven more difficult when it is seen again that the factor that causes them to exploitis the absence of proper work, which is able to provide for their lives. If there areother sanctions that can provide pre-employment guidance, then the number ofcases of child exploitation will decrease because in this case the perpetratorshave received briefings to continue work in accordance with their respectiveskills. There needs to be special rules and their solutions that discuss theexploitation of children who are used by parents, especially economically. It ishoped that there will be action sanctions in applying sanctions in cases of childexploitation, in the form of a training with self-reliance development with severalJOM Fakultas Hukum Univ Riau Vol. IX Edisi 2 Juli - Desember 2022 Page 2programs such as skills to support independent businesses, which are realized inthe form of handicrafts, industry and households.Keywords: Child Exploitation - Parents - Action Sanctions.

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