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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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PEMENUHAN HAK-HAK KONSUMEN PENGGUNA JASA ANGKUTAN UMUM BUS TRANS METRO PEKANBARU OLEH PENGELOLA BUS TRANS METRO PEKANBARU R, Arnoldus Daniel; ', Firdaus; Fitriani, Riska
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

Steps to enhance the dignity and consciousness of the consumer must begin withan attempt to understand the fundamental rights of consumers, which can serve as the basisfor the struggle to realize those rights. In general there are 4 basic rights of consumers,namely the right to obtain security, the right to obtain information, the right to vote, the rightto be heard. Based on this understanding, the authors formulate two problems, namely: First,What is the legal relationship between Consumer users of public transit bus service TransMetro Pekanbaru with Trans Metro bus management Pekanbaru ?, Secondly, Whetherconsumers harmed their rights can sue to the Trans Trans bus Pekanbaru ?.The type of research used by the author is empirical law research or alsoknown as sociological law research, that is research conducted by how toeffectiveness of law apply in society. Kegitan done in collecting data in this researchis document study or library materials. This document or library study includes aquestionnaire.From the results of research there are several problems that can besummarized as follows: First, the emergence of legal relations if the occurrence ofacts against the law. Secondly, the public transportation service user of Bus TransMetro Pekanbaru can provide Criticism and suggestion related to the facility throughthe phone number of complaint in Trans Metro bus Pekanbaru or come directly toCity Transportation Office of Pekanbaru. Third, But the community can notcomplain. Because this is a public facility. Not all people's wishes can be fulfilled.Keywords: Consumer Protection-Trans Metro Bus Pekanbaru.
Penerapan Sanksi Pidana Terhadap Kasus Kelalaian Pengemudi Yang Menyebabkan Kecelakaan Di Jalan Raya Berdasarkan Undang-Undang Nomor 22 Tahun 2009 Tentang Lalu Lintas Dan Angkutan Jalan Wilayah Hukum Kepolisian Sektor Kelayang Nova Rifadilla; Erdianto Effendi; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Abstract

In Indonesia, current traffic is still quite alarming. The negligence of road users in traffic holes weoften encounter everyday often causes high height. Human factors consist of other factors, namely roadfactors, vehicle factors, natural factors. The purpose of this study was to determine whether in the case oftraffic and traffic disasters in accordance with Law Number 22 Year 2009 concerning Traffic andTransportation and the factors that encourage law enforcement in cases of negligence.This type of research is sociological legal research while viewed from its nature this research isdescriptive. This research uses primary data, namely data obtained directly from the first. And secondarydata, namely data that has been prepared.The results of this study are the application of provisions in cases of traffic and traffic accidentsbased on Law Number 22 of 2009 concerning Road Traffic and Transportation. For perpetrators who causedeath victims are subject to Article 310 paragraph (4) and Article 311 paragraph (1) of Law Number 22Year 2009 and Article 359 of the Criminal Code. In Article 310 paragraph (4) shall be punished withparents for a maximum of 12 (twelve) years or a maximum fine of Rp. 24,000,000.00 (twenty four millionrupiahs). In Article 311 paragraph (1) the offender is punished with a maximum of 1 (one) year of criminalor a maximum fine of Rp. 3,000,000 (three million rupiah). Article 359 The Criminal Code conducts threatswith other people for at most one year. However, users who commit negligence resulting in death victimscannot be used as which is actually in the applicable rules. Motorists are indeed subject to errors in theform of administrative fees, but are different, which in the first case is Rp. 5,000,000 (five million rupiah)whereas in the second case, the driver is subject to administrative sanctions of Rp. 200,000 (two hundredthousand). Factors that strengthen law enforcement in cases of negligence of tools in the freedom of crossthat shape death are their own legal factors, law enforcement factors, factors of facilities and facilities thatsupport law enforcement, factors of criminal and non-criminal policy factors.Keywords: criminal sanctions, negligence, highway accidents.
PENERAPAN PEMBELIAN TERSELUBUNG DALAM PENYELIDIKAN TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA OLEH KEPOLISIAN RESOR SIAK ADE MARIA ENGELINA; Dessy Artina; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Abstract

Undercover Buy is one of the authorities granted by the Narcotics Act to investigators of narcotics crime. The purpose of this thesis, namely; first, the application of covert purchases in the investigation of criminal acts of narcotics abuse by the Siak Resort police, secondly, obstacles in the application of covert purchases in criminal investigations into narcotics abuse by the Siak Resort police; narcotics abuse by the police of Siak Resort. The type of research used in this study is sociological legal research. Sociological legal research is carried out by making legal identification and how the effectiveness of the law applies in society. While the nature of this research is descriptive which aims to provide a detailed and clear description of the implementation of narcotics investigations using covert purchasing techniques. From the results of the research and discussion it can be concluded that first: The application of covert purchases in the investigation of criminal acts of narcotics abuse by the Siak Resort Police, is not carried out in an open manner so it is prone to mistakes made by officers, such as officers not reporting the results of investigations due to circumstances that are not possible; second, the obstacles encountered in the application of covert purchases, namely the lack of members of investigators, facilities and infrastructure, lack of budgets, field situations and people who are afraid to share information; namely proposing additional personnel to the leadership, proposing additional funds for the next year, applying for operational procurement, and using other parties to be able to deal with target. The author's advice, first: the application of covert purchasing techniques in investigating narcotics abuse must be more specifically supervised; second, the police must also provide protection for the people who have provided information on criminal acts of narcotics abuse; third, the government also pays more attention to facilities and infrastructure for the duties and functions of the police, especially in conducting investigations into criminal acts of narcotics abuse by the police of Siak Resort.
PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA PERPAJAKAN DALAM UNDANG-UNDANG PERPAJAKAN DI KANTOR WILAYAH DIREKTORAT JENDERAL PAJAK RIAU DAN KEPULAUAN RIAU Nurfazilah, Rani; Indra, Mexsasai; ', Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Abstract

Law enforcement is a series of efforts, processes and activities to make the law apply as it should. Tax is seen as very important in a welfare state that is as an income to improve the social welfare of the people in the country. But in reality in Indonesian society in general, often there are criminal acts in the field of taxation in the form of negligence and intentionality, both by the taxpayer itself. So that there is a loss of state financial revenue that comes from taxes. The purpose of writing this thesis is First to find out the law enforcement conducted by the Directorate General of Tax of Riau and Riau Islands against the perpetrators of taxation crimes in Riau. Secondly, to find out the factors that cause taxpayers to commit taxation crimes at the Directorate General of Tax Riau and Riau Islands. Third, to find out the obstacles faced by the Directorate General of Tax Riau and Riau Islands in carrying out the enforcement of taxation criminal law by taxpayers.From the results of research conducted there are three main things that can be concluded. First, law enforcement in the field of taxation in general has not been optimal and implemented as expected. Because in the implementation of taxation criminal law enforcement prioritizes tax criminal law which is ultimum remedium meaning criminal acts as a last resort if previous efforts such as appeals, coaching then inspection of taxpayer compliance is not ignored. Second, there are several factors that cause taxpayers to commit taxation crimes, especially factors from humans themselves. Third, there are several obstacles and must be resolved faced by the Directorate General of Tax, Riau and Riau Islands, in carrying out enforcement of taxation criminal acts by taxpayers.Keywords: Law Enforcement-Tax-Tax Crime
Sengketa Antara Developer Perumahan PT. CIPTA JAYA (Indra Giri Hilir) Dengan Pihak Konsumen dan Kontraktor Perumahan Riyan Fauma; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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One of the basic human needs is housing, as stipulated in Law Number 1 Year 2011 Article 19 paragraph (1) stating that the organization of houses and housing is done to meet the needs of the house as one of the basic human needs for the improvement and equity of the people's welfare. Housing is one of the basic human needs (BasicNeed) that has existed, along with the human existence itself. The housing medium becomes a means for human beings to perform various life activities and means to provide the ultimate protection against external disturbances, both to climatic conditions and to other disorders.Today building permits have become a major part of building components. This is because almost all forms of licensing require ownership of building permits. For example, to obtain HO (Hinder Ordonantie) permit / improper permit or loan application to a bank, a person must first have a building permitToday the concept of housing has undergone a shift, not only as a basic need and as a medium that gives a sense of calm and peace, but housing has become a life style, giving comfort and showing characteristic or identity which is one pattern of self-development, as well as private means as required by the global communityThe sale-buy binding agreement is basically consensual, because the agreement exists or is born by an agreement by both parties that is the developer and the consumer concerning the making of a buying and selling agreement of the house at a predetermined price.The position of developers (developers) and consumers have the same position / balance in the eyes of the law because it is an affirmation of one of the principles of the rule of law According to Article 2 Law No.8 of 1999 on Consumer Protection that is based on Benefits, Justice, Equilibrium, Security and Safety Consumer, and Legal CertaintyPrinciples and Purposes of Consumer Protection Pursuant to Article 2 of Law No. 8 of 1999 concerning Consumer Protection is based on the Benefit, Justice, Equilibrium, Security and Consumer Safety, and Legal Certainty, described in the Article Article by Article of the Act.In the knowledge of the law of defective whims as contained in Articles 1321- 1328 BW are among others fraud, coercion, and misguidance. According to van Dunne and van der Burght this defect of the will is classic disability defects. Because it always deals with defects in the formation of the will based on the statement of the willKeywords: Dispute –Housing Developer – Consumer- Contractor
Tinjauan Yuridis Terhadap Daftar Pemilih Dalam Penyelenggaraan Pemilihan Umum Legislatif Berdasarkan Peraturan Komisi Pemilihan Umum Nomor 9 Tahun 2013 Tentang Penyusunan Daftar Pemilih Untuk Pemilihan Umum Anggota Legislatif Oktavia, Ika Fransiska; Firdaus, Emilda; Indra, Mexsasai
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Judicial Review of the Voters List in the implementation of the legislative elections based on the Regulation of the General Election Commission Number 9 of 2013 on the Compilation of the General Election List of Legislative Members has clearly stated that the process of updating the voters list from the Temporary Voter List (TVL), Temporary Voter List Result of Improvement (TVLRI), Permanent Voter List (PVL), Supplementary Voter List (SPVL) and Special Voters List (SVL) have been neatly arranged through synchronization or matching of population data conducted by the Minister of Home Affairs to the General Election Commission (GEC). The main problem in this research is how the process of compiling the voter list and the efforts that can be done by the General Election Commission (GEC) of Riau Province as the organizer of the General Election.This type of research uses sociological legal research method, which is a legal research that wants to see the correlation between law and society so that it can know the enactment of positive law within the society or review the existing problems in the field related to the applicable legal aspects and which regulate the problem.The result of this research is that the failure of the realization of the implementation of program / activity of stages pemutkhiran data of Voters and the compilation of voter list by General Election Commission (GEC) Riau Province and ranks, General Election Commission (GEC) of Riau Province and its staffs do not want to involve Election Supervisory on supervision preliminary data requirements, Aggregate Data of Population (ADP) and matching by the General Elections Commission (GEC) of Riau Province, in addition to the participation of the General Election is less concerned with the prevailing laws and regulations in publicizing and socializing regulations related to the determination of the voters list as a precautionary measure of the violation of the General Election.Keywords: Updates-List of Voters-General Election.
TINJAUAN YURIDIS PENGATURAN ALAT BUKTI KETERANGAN AHLI DALAM PROSES PEMERIKSAAN PERSIDANGAN PIDANA DS, Eben Ezer; Indra, Mexsasai; Erdiansyah, Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Expert information is a statement given by someone who has special expertiseabout what is needed to make the light of a criminal case for the purpose of examination.This is justified in the Criminal Procedure Code Article 1 point 28 and is recognized as alegitimate evidence of five evidences that can be used in the process of criminal evidencestipulated in Article 184 paragraph (1). This evidence was presented to assist the judge inbuilding his conviction before making a decision on the defendant in analyzing any factsthat were presented in the process of investigation and examination of the trial. However,the regulation of expert information in the Criminal Procedure Code has not yetarranged in a comprehensive and comprehensive manner regarding the criteria andexpert qualifications that can be presented, so that the implications for broadinterpretation by the parties who present experts and the reality raises problems incriminal trials specifically for judges in making decisions. The purpose of writing thisthesis, namely: First, To determine the arrangement of expert information in the CriminalProcedure Code compared to other legislation. Second, to find out the practice ofproviding evidence of expert testimony in the reality of criminal trials.This type of research can be classified as a type of normative legal research.This research is descriptive, namely a study that describes clearly and in detail about theregulation and reality of giving expert information in criminal proceedings. Data sourcesused secondary data consisting of primary legal material, legal material secondary, andtertiary legal materials, data collection techniques in this study with the library studymethod, after the data collected is then analyzed to draw conclusions.From the results of the research and discussion it can be concluded that, First,the arrangement of expert information in the KUHAP has not been fully andcomprehensively regulated so that it requires improvement with references from otherlaws and regulations. Second, the practice of providing evidence of expert testimony inthe reality of criminal proceedings has been presented by both parties in litigation.However, each expert is heavy / lame with the interests of the party that presents it. In theend each statement will give confusion to the judge.Keywords: Evidence Tools - Expert Information - Qualifications - Criminal Investigationand Trial Process.
ANALISIS YURIDIS TERHADAP HIBAH ANAK ANGKAT YANG DIBATALKAN (STUDI PUTUSAN NO.41/PK/AG/2009) Ravienda Purnama; Hayatul Ismi; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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According to Islamic Law adopted children are not recognized as a basis for inheritance, because the main principle in inheritance is blood relations. One of the ways adopted children get inheritance is by way of grants. In the matter that the author discussed, the grant was given but was canceled by the wife of the donor. In decision No. 41 / PK / AG / 2009 The Panel of Judges rejected the request for a review of the defendant. The Panel of Judges in the previous ruling argued that the grant was a joint property of the Plaintiff Hj. Umi Kalsum and the late Drs. Adenan P. Ardjem. Article 212 KHI states that grants cannot be withdrawn except parents' grants to their children. The problems discussed in this thesis (1) How is the arrangement of grants to adopted children canceled and (2) How is the judicial analysis of the judge's decision on case No. 41 / PK / AG / 2009.In this study using a normative juridical approach. In this study the authors use library research techniques (Library Research) which is supported by secondary data based on its strengths are divided into three legal materials, namely primary legal material, secondary law, and tertiary legal materials.From the results of the research on the decision of case No.41 / PK / AG / 2009, the grant given to adopted children is an ordinary grant and the grant cannot be canceled if it has fulfilled the terms and conditions of the grant. Judges' consideration of the case does not fulfill the principle of legal certainty and justice for the plaintiff. The judges did not consider the evidence presented by the Defendant.
PENERAPAN SANKSI PIDANA TERHADAP PEDAGANG KAKI LIMA YANG TIDAK MENJAGA KETERTIBAN DAN KEBERSIHAN LINGKUNGAN DI SEKITAR TEMPAT USAHA BERDASARKAN PERATURAN DAERAH KOTA PEKANBARU NOMOR 11 TAHUN 2001 TENTANG PENATAAN DAN PEMBINAAN PEDAGANG KAKI LIMA Muhammad Putrapratama; Erdianto '; Ferawati '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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The growing number of street vendors in downtown areas is incontrollable. A program to comprehensively arrange and guide those street vendors is seriously needed. The existence of street vendors in downtown is one of the factors that leads to the problems such as traffic problem, crime rate, and waste problem. The growing number of street vendors has rushed the local government to make known the Local Regulation Number 11 Year 2001 about The Street Vendor Arrangement and Guidance. Based on the local regulation, the government is expected to control the mushrooming street vendors.Qualitative method was used in the research. During the research, descriptive analysis which is the method to provide systematic, factual, and accurate illustration or description on the data was used. Primary data was obtained from interview and the secondary data was obtained from document, archive, and direct observation to get the real condition of the case. The direct observation was done by involving in the programs of Department of Marketplace like doing the patrol, meeting, and relocation. The data was then analyzed qualitatively in the forms of essay, illustration, and conclusion making of the observed signs.Pekanbaru is a big city which has accommodated its street vendors based on the Local Regulation Number 11 Year 2001 about The Street Vendors Arrangement and Guidance. The regulation sets the place of business, permit, levies, rights, obligations and prohibitions, guidance, and penal provisions related to arrangement and guidance. The obstacle in eradicating the regulation is that the weak supervision from the stakeholders, inconveniently located relocation site, unavailability of transportation facilities, lack of legal awareness, and the economic factors of the vendors like the inability to pay the levy, and from the stakeholders’ point of view which provides less guidance and comprehensive information to the street vendor that results in the vendors who has limited understanding of the dos and don’ts in trading.The recommendations to enhance the ability in doing the responsibilities, the stakeholders should be professional, highly-commited, honest, responsible, and democratic so incompetent stakeholders are not found during the implementations of local regulation. The guidance, supervision, and quality controlling by socializing and doing the patrol should be enhanced.Keywords: Sanctions, Street Vendors, Local Regulation Number 11 Year 2001 About The Street Vendor Arrangement and Guidance
PERTIMBANGAN PENYIDIK MENGHENTIKAN PROSES HUKUM TERHADAP PELAKU TINDAK PIDANA KECELAKAAN LALU LINTAS YANG MENGAKIBATKAN ORANG LAIN MENINGGAL DUNIA DI KEPOLISIAN RESOR KOTA PEKANBARU David Binsar Ari Mangasi; Dessy Artina; Ferawati '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Structuring or changes to the rules on the highway is absolute considering the current rules of Traffic and Road Transport has been deemed incompatible with the development and needs of society as set forth in the consideration of Law No. 22 of 2009 on Traffic and Road Transport. Cases that often experience pros and cons in the field of law is a case related to negligence. The neglect is usually done by most people ie in the case of traffic accidents, the accident until the death of the victim. A frequent form of violation in traffic on the highway is a traffic accident. For example, running beyond the specified speed limit then tire broke that resulted in the vehicle having an accident. Based on the description above, the authors are interested to examine the problem with the title: "Consideration of Investigators Stopping Legal Process Against Traffickers Traffic Accidents That Cause Others Died At Pekanbaru City Police". As for the formulation of the problem of the title is, first, how the process of solving the crime of traffic accidents that resulted in other people died in Pekanbaru Town Police Department? Secondly, what is the basis of consideration of the investigator to stop the legal process against the perpetrators of traffic accident at Pekanbaru Town Police Station? This type of research is empirical research, another term used is sociological legal research also called field research. This sociological law research is based on primary data. Primary data / basic data is data that can be directly from the community as the first source through through field research. Based on the results of the study authors concluded that The criminal acts of traffic accidents which resulted in the death of another person are common offenses which can not be stopped by legal process and result from negligence resulting in loss of life of others. The process of settling the criminal acts of traffic accidents which resulted in the death of others at Pekanbaru City Police Force in certain cases which have sufficient evidence to be solved through the judicial system. While for cases that have lack of evidence or cases due to negligence of victims, resolved through non-penal path that is by using the principle of ADR (Alternative Disupute Resolution)

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