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INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 2,579 Documents
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Tinjauan Yuridis Perjanjian Kerja Sama Sampoerna Retail Community Antara PT Hanjaya Mandala Sampoerna Dengan Toko Najwa di Wilayah Kecamatan Kampar Timur Ditinjau dari Perspektif Hukum Anti Monopoli dan Persaingan Usaha Tidak Sehat Maida Wahyuni; Hayatul Ismi; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Cooperation agreement conducted by PT. Hanjaya Mandala Sampoerna with the najwa store hascreated rights and obligations that must be carried out by both parties, but in reality one party, namely theshop owner Najwa defaulted or did not carry out the cooperation agreement well. how the rights andobligations in the cooperation agreement Second, knowing how the violations committed by the shop owner,and the Third knowing the efforts made by PT. Hanjaya Mandala Sampoerna in completing the breachcarried out by Najwa shop ownersThis type of research can be classified in types of sociological research, because in this study theauthors direct research on the location or place a complete thorough in order to give a complete and clearpicture of the problems researched.From the results of this study the authors concluded, First, that in the implementation of thecooperation agreement carried out by PT. Hanjaya Mandala Sampoerna with the Najwa store, it had notbeen implemented properly, as seen from the default carried out by Najwa shop owners such as sellingsmuggled cigarettes, removing promotional material without the knowledge and permission of Sampoerna'sagent, and not arranging cigarettes at the cigarette display provided by the agent in accordance with theprovisions of the agent. Second, the efforts made by the agent in resolving the default that is carried out bythe store are to give a warning and if the warning is ignored, the agent has the right to terminate the workand retrieve all promotional media and facilities provided by Sampoerna and the store is also processedbased on the legal and regulatory provisions that apply in the Republic of Indonesia because they have soldsmuggled cigarettes.Keywords : cooperation agreement-default
TINJAUAN YURIDIS TERHADAP PENERBITAN SURAT PERINTAH PENYIDIKAN LEBIH DARI SATU KALI DALAM HUKUM ACARA PIDANA DI INDONESIA Mulki Muhammad; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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The issuance of the order to investigate more than once in the criminal procedural law in Indonesia is the background of the study. The Criminal Procedure Code as the basis for proceedings in the criminal justice system in Indonesia does not explain the issuance of investigation orders more than once. The Criminal Procedure Code only allows one to submit a pretrial to the status of the determination of him so that the law enforcement process is protracted and legal certainty is not carried out.As for the purpose of this study, first to find out the implementation on the issuance of a warrant for investigation more than once in criminal procedural law in Indonesian. Second to find out the ideal concept of issuing of a warrant for investigation more than once in criminal procedural law in Indonesian. This type of research is normative law, which examines legal principles against a legal event. This research is descriptive, that is research that seeks to provide systematic and careful facts with the characteristics of a particular population.From the results of the research, there are two things that can be concluded, first, how the implementation of the issuance of a warrant for investigation is more than once in criminal procedural law in Indonesia. Second, how is the ideal concept of issuing an order of investigation more than once in criminal procedural law in Indonesian.Keywords: Investigation Order - Criminal Procedure Code
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PROSTITUSI OLEH KEPOLISIAN RESORINDRAGIRI HILIR Amri, Ruhul; ', Erdianto; ', Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

At this time the level of poverty in Indonesia has increased very high this is due to the deterioration of our country's economy, resulting in the number of companies forced to close his business, it is that trigger the public to be able to find any job that can sustain daily life both legal and illegal, this also trigger the occurrence of social problems in Indonesia one of the most prominent is the emergence of prostitutes or prostitution practices from both young women to middle-aged women. The purpose of this study is to determine the authority of the police to enforce legal action against prostitution crime, police action against pimps and prostitutes, and efforts made to overcome obstacles faced in law enforcement of prostitution crime by Indragiri Hilir Resort Police.The type of this research is sociological legal research whereas if viewed from the nature of this research is descriptive. This research uses primary data that is data obtained directly from the source pertama.dan secondary data that is data that has been so.The result of this research is the authority of the police to enforce the law against the crime of prostitution is done only to the rules set forth in the Criminal Code Article 284, 295, 296. 297, 506 and Law Number 21 Year 2007 on the Crime of Trafficking Persons to cause deterrent effect actors Indragiri Hilir Resort Police action against pimps and prostitution actors in addition to applying the article of the Criminal Code, has also conducted the control of places - places where allegedly providing sexual services and conduct coaching of commercial sex workers caught. The obstacles found by Indragiri Hilir Police in in law enforcement against prostitution crime is the absence of strict regulation to arrange PSK and consumer using PSK services. The existing regulations are only firmly binding for commercial sex service providers ie pimps or pimps. Indragiri Hilir Resort Police can only conduct curbing and only catch commercial sex workers who then only given coaching without being able to catch the CSWs and consumers who receive the services of commercial sex workers. At the time of the arrest operation, much information came to the ears of the prostitutes so that they were prepared to anticipate and escape before the operation was carried out and at the time of raiding the prostitutes and those who were caught by the raid were only recorded, and given directions without any sanction of detention . The efforts undertaken to overcome these obstacles are the Indragiri Hilir Resort Police conducting preventive measures ie preventive business manifested in activities to prevent prostitution and repressive curative activities to suppress (eliminate), and efforts to heal the perpetrators of prostitution to bring they are on the right path.
IMPLEMENTASI RESTORATIVE JUSTICE DALAM PENYELESAIAN TINDAK PIDANA PENCABULAN TERHADAP ANAK OLEH KEPOLISIAN SEKTOR MANDAU Fitri, Defira Ratu Sari; Artina, Dessy; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Increasing crime in Indonesia results in the emergence of various modus operandi in the occurrence of criminal acts. In addition, the lack of public knowledge about criminal law causes one to be a victim of a criminal act or a criminal offender. One of the perpetrators is a criminal act of abuse. The offense of abuse is a criminal offense and violates decency and decency. Restorative Justice is an alternative or other way of criminal justice by putting forward the integration approach of the perpetrator on the one hand and the victim / community on the other as a unity to seek. Restorative Justice is the concept of completion on the effort of retaining or repairing / restoring damaged condition or condition as result of a crime. The ones to be restored / repaired / restored are victims, perpetrators of criminal acts, and other damages caused by criminal acts in the community. Therefore, it needs to be studied simultaneously about the First Implementation of Restorative Justice in the settlement of crime against children in Police Sector Mandau. Second, the role of the Mandau Sector Police in settling criminal acts of child abuse.The type of research used in the writing of this law is the study of sociological law. Population and sample are all parties related to the problem studied in this research, data source used, primary data, secondary data, and tertiary data, data collecting technique in this research by interview and literature study.The results showed that there are two main points that can be concluded. First, Restorative Justice can repair damages or losses, restore the situation as it was, and restore the quality of the relationships of the parties involved and related. Not all cases of abusive offenses can be resolved with penal mediation. Rather there must be a selection of crimes that have been committed or are being dealt with. So if it is done with the situation of the victim full of injuries, the recidivists and the occurrence of intercourse, then can not be settled by mediation but done according to the applicable law. Second, the role of the Mandau Sector Police in the settlement of criminal acts of abuses against children, such as Pre-emtive Action and Pre-Ventive (non-penal) Action. The author's suggestion Firstly, the police should improve and maximize its performance in order to implement the protection of the rights of victims of the crime of child abuse in accordance with Law Number 35 Year 2014 regarding the amendment to Law Number 23 Year 2002 regarding Child Protection. Second, For the government so that the investigator / auxiliary investigator to immediately issue a Government Regulation or Legislation Law which is the legal basis for investigators in the application of the concept of Restorative Justice settlement of criminal acts of child abuse.Keywords: Implementation - Restorative Justice - Obscene - Underage
TANGGUNG JAWAB PELAKU USAHA TERHADAP KONSUMEN KARENA PENGARUH LABEL DAN IKLAN SECARA ONLINE BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Muhammad Ranni; Firdaus '; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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The tendency of consumptive society is a land as well as a challenge forbusiness actors to market as many products of goods and services. One tool that isoften used by businesses to market their products is by advertising. According to LawNo. 8 of 1999 on Consumer Protection, activities of the introduction or disseminationof information on goods and / or services, to attract the interest of the consumer ofthe consumer to the goods and / or services that will be and are being traded.The problem faced by consumers is not only when buying an electronic itemor clothing for them to use and it is not perfect (like there is a defect), but also theproblem if the electronic goods or clothing is already in a state that is broken or notas expected in the advertisement, the negligence of business actors who neglect tocheck the goods before they are sent to the consumer, therefore it is very necessaryawareness from all parties, consumers, and the parties of online businessmen aboutthe importance of responsibility for the damage of goods before the electronic goodsare in the hands of the buyer.This type of research can be categorized in the type of normative legalresearch, the legal principle used as the object of the problem in the study is theprinciple contained in the criminal justice system, that a judge should be able toconsider the facts of the trial to create a sense of justice.data source used consistingof legal materials primary, secondary law materials, and tertiary legal materials,data collection techniques in this study by literature review method, after the datacollected and then analyzed to be drawn conclusions.Keywords: Responsibility - Business Actor - Consumer Protection
PENERAPAN TANGGUNG JAWAB PELAKU USAHA DALAM MENJUAL GAS ELPIJI 3 KG KEPADA KONSUMEN YANG TIDAK MAMPU Syahrial Halomoan; Firdaus '; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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The responsibility of the businessperson for the sale of 3 kg LPG to consumers who cannotafford it in Pekanbaru City, Riau Province needs to be carried out, because there are still manybusinesses or bases that still sell 3 kg LPG to consumers who are more capable and for industry. Asa result of the treatment of business actors or bases, the poor people cannot get 3 kg of LPG gaswhich is their right to household needs such as cooking. Of course many consumer rights as a 3 kgLPG gas user feel that their rights are violated, business people should be responsible in treatingconsumers fairly and not discriminating and must follow the prevailing laws and regulationsThe problems discussed are first, regarding the basis of the base is not responsible for thesales of 3 kg LPG to consumers who are not capable and Second What is the base effort to beresponsible for the sale of 3 kg LPG to consumers who can not afford. The research method used isempirical research, another term used is Sociological legal research also called field research andthis research is descriptive. In data collection, the type of data used in this study is primary dataand secondary data, namely directly through respondents (field), Law No. 8 of 1999 concerningConsumer Protection, Law No. 20 of 2008 concerning Micro, Small, and Intermediate (UMKM),Civil Code, Presidential Regulation No. 104/2007 concerning Provision, Distribution andDetermination of Three Kilogram Liquefied Petroleum Gas Tubes, Regulation of the Minister ofMineral Resources No. 26 of 2009 concerning Liquefied Supply and Distribution Petroleum Gas,legal journals and books related to research. This data analysis is carried out qualitatively anddeductively deduced.From the results of research conducted by the author, it was found that there were stillbusiness players or bases who were not responsible for the sale of 3 kg LPG to consumers whocould not afford, so that the poor consumers were indirectly harmed. So, based on this, it isrequired the responsibility of the business actor in the sale of 3 kg LPG to consumers who cannotafford it.
ANALISIS YURIDIS TERHADAP PASAL 27 AYAT 3 UNDANG-UNDANG NOMER 19 TAHUN 2016 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK DIKAITKAN DENGAN HAK ASASI MANUSIA Sinaga, Lusya Ermauli Br; Effendi, Erdianto; Artina, Dessy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Freedom of expression is a fundamental part of human rights. In addition to international recognition through the Universal Declaration of Human Rights (DUHAM) of 1948 or Universal Declaration of Human Rights, also nationally Indonesia is very insistent mention of freedom of expression in the Constitution of 1945. In Article 28E Paragraph (3) of the 1945 Constitution which states, "Everyone has the right to freedom of association, assembly, and expression". The right includes freedom of opinion without interruption, sertamari, receiving, and forward all information and ideas, through any media and regardless of the limit ". Freedom of expression and expression is a Universal principle in a democratic state.Freedom of expression and association is another absolute requirement, which a State of Democracy must possess. This freedom must be guaranteed also in the law of the State concerned. The relevant State Law regulating freedom of expression and association shall expressly express freedom of expression both orally and in writing. Based on the above discussion, the authors raised the title "Analysis of Judicial Review Against Article 27 paragraph 3 of Law Number 19 Year 2016 About Information and Transactions Electronics Associated With Human Rights". The ITE Act does not limit the freedom of expression of some of the acts prohibited in Article 27 but, limiting that freedom to avoid harming others, is related to the distribution of transactions involving the violation of decency (including porno-grafy), gambling, humiliation, defamation, extortion , threats. (3) Every Person intentionally and without right to distribute and / or transmit and / or make accessible Electronic information and / or Electronic Documents with defamatory and / or defamatory content "This type of research, the authors use the type of normative research. Normative research is literature law research, where in normative law research the literature is basic data which in research is classified as secondary data. The secondary data has a wide scope, covering personal letters, diaries, books, and official documents issued by the government.Keywords: Yuridical Analysis - Information and Electronic Transactions - Human Right
PERLINDUNGAN KONSUMEN TERHADAP IKLAN YANG MENYESATKAN PADA BROSUR IKLAN PERUMAHAN DIKAITKAN DENGAN PRINSIP TANGGUNG JAWAB MUTLAK (STRICT LIABILITY) Muhammad Valgunadi; Hayatul Ismi; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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In the Procedure of advertising in Indonesia there is a principle or general principle that the advertisement must be honest, responsible and not contrary to applicable law. However, at this time ads circulating in the community tend to have an agitating element and lie elements that are very detrimental to consumers, the problem is regulated in Law No. 8 of 1999 on Consumer Protection. Therefore, the purpose of writing this thesis, namely: First, to know the consumer protection against misleading advertising on brochure housing ads associated with the principle of absolute liability (strict liability). Second, to know the cause of the existence of ads that mislead consumers on the housing ad brochure. This type of research can be classified in the type of empirical or sociological law research, because in this study the authors directly conduct research on the location or place studied in order to provide a complete and clear picture of the problem under study. This research was conducted in Pekanbaru City. Sources of data used, namely: primary data and secondary data. Data collection techniques in this study with Observation, Interview, and Library Studies. Conclusions can be obtained from the results of the study First, Consumer protection against advertising that is not in accordance with the goods offered, such as the case of housing in Green Hill Resort City is different from that offered in brochures advertising, misleading advertising brochures such as the case the ad is associated with the principle of absolute responsibility (strict liability) is set in the positive law of Indonesia contained in several articles in Law Number 8 Year 1999 About Legal Protection for consumers of misleading advertisements in the UUPK. Another form to protect consumers, namely the establishment of the National Consumer Protection Agency (BPKN) which is regulated in Chapter VIII UUPK from Article 31 to Article 43. Second, Causes Factors Business Actor Who Make Misleading Consumers In the Housing Brochure First, Lack of Awareness of Perpetrators Attempt to Consumer Rights. Secondly, the existence of business opportunity opportunities to create misleading advertisements there are several factors: Consumer's ignorance of misleading advertising and consumer conditions that lack the courage, knowledge, time and cost to ask for accountability. Third, the Business Lack of Liability for Business Actor. Suggestion Writer is To society as consumer to more firmly to able to fight for rights ownedKeywords: Misleading Advertising - Strict Liability -Residential Responsibility
IMPLEMENTASI TANGGUNG JAWAB PELAKU USAHA DALAM PRAKTEK PEMBULATAN PEMBAYARAN SEWA WARUNG INTERNET TERHADAP KONSUMEN DI KOTA PEKANBARU Dinda Febriani Ramali; Firdaus '; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Consumer protection is a term used to describe the legal protectionafforded to consumers in an attempt to satisfy their needs from things that canharm consumers themselves. Consumer protection laws exist to protect consumersthemselves. Consumers must be critical in using that is by prioritizing "needs"rather than "wishes". Consumers must also be wary of the rounding of internetcafe rental payments made by business actors. The purpose of this thesis research,among others; First, to know the rights of consumers related to the rest of theinternet rental pay against the practice of rounding off internet cafes rentalpayments, Secondly, to find out why business practitioners do the practice ofrounding up payments for internet cafes, Third to know the efforts made bybusiness actors for consumer rights fulfilled in the internet rental.The type of research used by the authors is empirical law research or alsoknown as sociological law research, namely research conducted by way ofidentifying the law and how the effectiveness of law applies in society. Thisresearch was conducted in District Sail Pekanbaru while population and sampleare internet café user in Sail District. In this study data sources used, primarydata, secondary data, and tertiary data, data collection techniques in this studywith questionnaires, interviews, and literature study.From the research results of the problem there are three main things that can beconcluded First, the consumer's knowledge of his rights related to the rest of theinternet rental pay, Second, the business practitioners to practice the rounding ofinternet rental payments to consumers, Third what efforts made by business actorsfor rights consumers are fulfilled in internet rentals. Author suggestions.First, tothe community more active and smart and critical as consumers. Secondly,business actors should pay more attention to the rights of consumers themselves,Third, consumers should be more concerned with the losses incurred.Keywords: Liability - Consumer – Implementation
Penegakan Hukum Terhadap Penyertaan dalam Tindak Pidana Pemurnian atau Pengolahan Emas Tanpa Izin di Kabupaten Indragiri Hulu Berdasarkan Pasal 55 Kitab Undang-Undang Hukum Pidana Anggreini, Indri; ', Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Article 33 Paragraph (3) of the 1945 Constitution of the Republic of Indonesia states that: "Theearth and water and the natural resources contained therein are controlled by the State and used as much aspossible for the prosperity of the people. Understanding of mining according to Law Number 4 of 2009concerning Mineral and Coal Mining, Article 1 Paragraph (1) mining is a part or all stages of activities inthe framework of research or management of mineral or coal which includes general investigation,exploration, feasibility studies, construction , mining, processing and refining, transportation and sales, andpost-mining activities. Gold mining and refining activities also took place in the Indragiri Hulu Regencyspecifically in Selunak Village, Batang Peranap Subdistrict, besides in Batang Peranap District the samething happened in Peranap Subdistrict and in Kelayang District. The activity was carried out by the peoplewho were around the area and there were even people from other regions. This activity has become alivelihood for the community, but the gold processing and refining activities were carried out withoutpermission, so that in conducting these business activities they did not see the impact that would be causedby their activities.This research is a sociological or empirical research that is the type of research that uses theassumption of the community in finding facts that occur in the field to answer an existing problem. Thisresearch was carried out in the jurisdiction of the Indragiri Hulu Resort Police. While the population andsample are parties related to the problems examined in this study, data sources used, primary data,secondary data, and tertiary data. Data collection techniques in this study with interviews and literaturereview.From the results of the research that the researcher did, it can be concluded, first, LawEnforcement for Participants in Participating in Crimes of Unlicensed Gold Purification and Processing inIndaragiri Hulu Regency Based on Article 55 of the Criminal Code, Indragiri Hulu Regional Police havenot fully enforced the law, because there is still room for perpetrators criminal act. Barriers to LawEnforcement against Participants in Participation in Unlicensed Gold Purification or Processing inIndragiri Hulu Regency are human resources (HR) factors, the difficulty for the investigator in obtainingevidence in the form of letters, documents and other evidence. The efforts made by the Police, here are theefforts that have been made by the Police in law enforcement, the recruitment of human resources needed bythe Police must be done transparently and the employee must have certainty and capability in the Policefield, the mutation system and job rolling must be truly pay attention to the principles of justice and qualityof human resources, increase training for the Police.

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