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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 2,579 Documents
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PERLINDUNGAN KONSUMEN TERHADAP INFORMASI BUKA 24 JAM DI SPBU KOTA PEKANBARU Doni Andrinal; Maryati Bachtiar; 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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Article 4 Letter c The Consumer Protection Law stipulates that every consumer isentitled to correct, clear and honest information about the condition and guarantee ofgoods and / or services. In Article 7 Letter a UUPK stipulates that business actors areobliged to beriktikad both in conducting their business activities, including in providinginformation to consumers such as information open 24 hours. In Pekanbaru City thereare 47 Pertamina gas stations that operate every day and there are some gas stations thatexplain open 24 hours and there are 3 gas stations that the authors choose to be thelocation of research, but in reality SPBU is not operating in accordance with theinformation listed, so that the mistake information is detrimental to consumers . Thepurpose of writing this thesis, namely; First, To explain the rights and obligations ofconsumers and business actors, Secondly, the causes of gas stations do not operateaccording to the information provided to consumers, Third, Explain how theimplementation of legal protection against consumers due to untruthful informationprovided to consumers.This type of research can be classified in sociological studies. To obtain data inthe writing of this thesis is done literature research and field research. This research wasconducted at Gas Station Pertamina Pekanbaru City. While the population and thesample are all related to the problem studied in this research, the data source used, theprimary data and the secondary data, the data collecting technique in this research withobservation, interview, questionnaire, and literature study.Based on the results of the research problem there are three points that can beconcluded, First, the delivery of complete information, true, clear and honest is one of theobligations of business actors, otherwise the business actor's obligation is the consumer'sright. Second, the information contained in the gas station pamphlet due to externalconstraints such as security factors, area factors, human factors, and cultural factors.Third, Implementation Legal protection of consumers for untruthfulness of informationopen 24 hours on gas station pamphlets based on the reality in the field consumers do notget the right that is in the form of true information, clear and honest. SPBU parties thathave violated the rights of consumers may be subject to sanctions in the form ofreprimands for having provided false information. Suggestion Writer, First, it is expectedto the SPBU to update the information contained in the information pamphlet in order notto mislead the consumer. Secondly, to the owner of a gas station located in PekanbaruCity not to use the pamphlet is open 24 hours, because only gas stations that exist on thenational road that operates for 24 hours. Third, to consumers who feel aggrieved with theinformation to report to the Consumer Dispute Settlement Agency for business actors maybe subject to administrative sanctions and fine sanctions.Keywords: Protection - Consumers - Pertamina Gas Station - 24 Hours
TINJAUAN YURIDIS PERTANGGUNGJAWABAN PIDANA TERHADAP DOKTER DAN RUMAH SAKIT TIDAK MEMBERIKAN INFORMED CONSENT KEPADA PASIEN DALAM HAL TERJADINYA KEMATIAN ATAU LUKA BAGI PASIEN ', Nurhasannah; Indra, Mexsasai; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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The time of the examination the doctor in the hospital, patients have few rights, one of therights of patients who become problems in reality at the moment is the approval of a medicalaction (informed consent). In fact, the approval of the medical act is often denigrated by doctorsand their implementation is often not in accordance with the rules in the Act giving rise tomedical disputes. Consent to medical acts also created due to the therapeutic agreements whichgive rise to rights and obligations for both parties i.e. the doctor and the patient. Informedconsent or it can be a medical act approval of oral and written consent. It depends from the bigand the small risk of the surgery being performed. In the wake of a dispute between medicaldoctors with patients, the hospital also responsible. It is already regulated in Act No. 44 of theyear 2009 About the hospital article 46. Problems in writing how the criminal liability of doctorsand hospitals in case of errors and omissions in the exercise of medical practice. because it cancause disability. Either permanent disability or temporary disability and even cause death.The purpose of this research is to analyse the setting and the criminal liability of doctorsand hospitals do not provide informed consent in case of occurrence of death or injuries for thepatient research methods used in this thesis is the normative legal research, legal research thatis done by examining the references or secondary data, can be called a normative or legalresearch legal research library. This research uses the methodology of research on legalprinciples.The criminal liability of the doctor must see whether due to negligence or deliberateaction, criminal liability of hospitals only as in negligence, criminal liability and other healthworkers should be seen according pelimpahan authority of a doctor. We need a regulationregarding the criminal liability of doctors, hospitals and health workers. Besides the approval ofthe medical act must be run properly because it is the right of the patient, as well as theapplication of congruency should the law against criminal acts of malpractice.
PENYIDIKAN TINDAK PIDANA PENYALAHGUNAAN SENJATA API YANG DILAKUKAN OLEH ANGGOTA POLISI DI RESERSE KRIMINAL UMUMKEPOLISIAN DAERAH RIAU IRE SAPUTRA; Erdianto '; Ferawati '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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The investigation is a series of actions by investigators in demanding themethod set out in this law to find and collect evidence that occurred and to findthe suspect. Investigation of the police officers who are guilty is still carried outby the police themselves, even though they are subject to civil law. This raisesconcerns that the police will act arbitrarily in conducting investigations, notbased on applicable law, where police agencies try to protect their members sothat in conducting investigations no longer in accordance with applicableprocedures. So that members of the police who have been proven to havecommitted crimes can be free just because they are not dealt with properly.In the case of the police there is still reluctance to investigate eachother, and this does not rule out the possibility of collusion in the process ofinvestigating cases that cause the investigation to end with the conclusion that thepolice officers or members were not proven guilty. In the case of conducting aninvestigation into the crime of misuse of firearms carried out by members of thepolice at the General Criminal Investigation of Riau Regional Police, it has notbeen carried out properly. Investigation of the police officers who are guilty isstill carried out by the police themselves, even though they are subject to civil law.This raises concerns that the police will act arbitrarily in conductinginvestigations, not based on applicable law, where police agencies try to protecttheir members so that in conducting investigations no longer in accordance withapplicable procedures. So that members of the police who have been proven tohave committed crimes can be free just because they are not dealt with properly.The police should carry out professional investigations and inaccordance with the rules that apply and openly, do not try to hide the crime oftheir fellow members. The police in carrying out the process of carrying out theinvestigation should not view the subject who is committing a crime, even thoughthe subject is a police officer who has been a colleague in the police who canbecome an obstacle in carrying out the investigation. In the future, theinvestigation must be carried out by an independent institution that has strongauthority and position so that the investigation of criminal cases, especiallycriminal acts of misuse of firearms, is no longer covered up.
Akibat Hukum Pelaksanaan Kawin Lari yang Tidak Disetujui Wali Nikah Diyinjau Dari Undang-Undang Nomor 1 Tahun 1974 Hani, Tantri Ummu; Bachtiar, Maryati; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Law No. 1 of 1974 on Marriage also regulates the legitimacy of a marriage. The existence of a legal marriage, the child born shall be a valid child, in the sense that if the marriage is done lawfully according to the religion and applicable law, then its existence and all its consequences will be accepted and acknowledged legally by the public as well nation and state. The purpose of writing this thesis, namely: First how the implementation of elopment marriage not approved by the guardian of marriage in view of Law Number 1 Year 1974 Second how the legal effect of marriage. Implementation not approved marriage guardian in terms of Marriage Act No. 1 of 1974 on Marriage. This type of investigation can be categorized into a sociological juridical research type. 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 Matur sub-district, while the population and sample were all parties related to the problem studied in this research. Sources of data used, primary data, secondary data and tertiary data, data collection techniques in this study by observation, interview and literature study. Conclusion Implementation of marriage which is not approved by marriage guardian from Law Number 1 Year 1974 that basically Kawin Lari is actually still in the category of siri marriage, because the implementation is done secretly or secretly. However, the marriage guardian in this case is an unlawful guardian, as well as the witness and employee of the marriage recorder. Due to the law of the implementation of elopment which is not approved by marriage guardian from marriage law No. 1 year 1974 about marriage is always find problem in state administration, can not legalize marriage book in office of KUA, country does not recognize marriage of married couple who make elopement, The couple eloped did not get public service in government institution because it was done illegally due to the absence of legal guardian therefore any form of legal relationship related to marriage administration can not be done. But if there is no objection then the men just enough to pay a fine or substitute money according to violations committed against the election rules, and on the size of the fine will be decided by consensus mufakat which is confidential by both parties.Keywords : Marriage, run marriage, marriage guardian
PERLINDUNGAN HUKUM BAGI PEMBELI LELANG EKSEKUS I HAK TANGGUNGAN DENGAN PARATE EKSEKUS I DI KPKNL PEMATANGS IANTAR ATAS PEMBATALAN PUTUSAN PENGADILAN Sunggu, Elisa P Op; Ismi, Hayatul; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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This study discusses the legal protection for buyers auction of mortgage rightsexecution with parate execution at Pematang Siantar KPKNL for cancellation ofcourt decisions. This research is motivated by the fact that the cancellation of a courtdecision on the auction of execution of mortgage rights Article 6 of the Act ofUnderwriting Rights that has been carried out has resulted in an invalid auction andnull and void means that the auctioner's rights to the auction object will end andcertainly cause losses to the auction buyer in good faith who have entrusted themechanism of purchasing goods through an auction facility. The execution of theauction is carried out with the guarantee of the material rights of the mortgagethrough the Pematang Siantar KPKNL. The purpose of writing this thesis, namely;First, to find out the juridical review of the execution of Article 6 of the UnderwritingRights execution, secondly, for legal protection for buyers to auction the execution ofmortgage rights that are canceled based on a court decisionThis type of research can be classified in the type of normative legalresearch, because in this study the authors conducted research by examining librarymaterials. Data sources used are secondary data consisting of primary legalmaterials, secondary legal materials and tertiary legal materials, using descriptivemethods.From the results of the research problem there are three main things thatcan be concluded. First, the execution process for the execution of Article 6 of theUnderwriting Right Law is not yet fully in accordance with the relevant regulations.Second, legal protection for auction buyers is given in a preventive and repressivemanner. Authors' advice, First, the relevant regulations should guarantee legalcertainty for all parties, Second, the Judge who decides the dispute should also payattention to the rights of the auction buyer.Key Words: Legal Protection – Execution Auction – Mortgage Right – ExecutionParate
KEKUATAN ALAT BUKTI REKAMAN SUARA DALAM PROSES PEMBUKTIAN TINDAK PIDANA KORUPSI DI INDONESIA Putra, Rezki Dermawan; Artina, Dessy; Erdiansyah, Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Corruption is a problem for every country, therefore there is oneinstitution that has the authority to deal with and deal with this problem, inIndonesia this institution is called the Corruption Eradication Commission. TheCorruption Eradication Commission is an independent institution specifically setup to handle corruption cases that are equipped with a set of authorities incarrying out investigative, investigative and prosecuting duties, the KPK is giventhe authority to carry out interception or tapping and record conversations. Proofis the most important thing to look for justice. Basically, the law has been basedon it all, but the practice of proof in the field is not necessarily the reality thatshould be. In uncovering a corruption case in Indonesia, the use of sound proofevidence has been valid with the legal basis of Law Number 19 Year 2016concerning ITE, so that it can be known the importance of evidence evidence,especially voice recording evidence for disclosure of corruption cases in theRepublic of Indonesia in assisting the KPK in dealing with corruption cases.The purpose of this thesis is; first, to find out the strength of sound proofevidence in the process of proving corruption in Indonesia; second, to find out thelegal consequences of sound recordings obtained by illegitimate means in theprocess of proving corruption in Indonesia.In writing this thesis the author usesnormative research methods that emphasize the principles of law, namely theprinciple of legality, then analyzed qualitatively and make conclusions withdeductive methods.The research results of the author are; first, actually the institutionauthorized in wiretapping has been explained in the law is the KPK official legalbasis for Article 12 paragraph (1) Law 30 of 2002 concerning the CorruptionEradication Commission. KPK tapping at the investigation level is conducted tofind sufficient initial evidence to be able to proceed to the stage of investigationand legal subjects that can be subject to tapping are suspects in corruption.Second, proof is a form of seeking justice for every human being in the eyes of thelaw, proof is a way to convince a judge so that he can determine and realize thetruth in his verdict, using legal evidence that has been determined by law.Keywords: Eradication of Corruption-Proof-Ham Commission.
Tinjauan Tentang Larangan Praktik Monopoli dan Persaingan Usaha Tidak Sehat Terhadap Dominasi Penjualan Rokok Merek Sampoerna di Wilayah Kecamatan Kampar Timur Wahyuni, Maida; Ismi, Hayatul; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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On the basis of article 4 paragraph (1) of Act No. 5 Of 1999 Year Antitrust explained thatbusinessmen are prohibited from making agreements with other businessmen to jointly conduct a mastery ofthe production and marketing of the goods or and or service can result in the occurrence of monopolisticpractices and/or unhealthy business competition, it is in accordance with the activities of the banned Partyconducted the Sampoerna represented by the agent. Party Sampoerna has conducted cooperation with thestore owner who is Kampar Sub-district of Eastern region, that businessmen who had made that agreementwill not receive promotional materials from other businessmen or smoking other stores only focus on thepromotional materials of the Sampoerna only. Activities performed by the Treaty the sampoerna partycontrary to the contents of article 19 of the Act number 5 Year 1999 regarding mastery of the marketexplains the businessmen are prohibited from performing one or more activities, either alone or otherbusinessmen jointly led to competition and antitrust practice efforts is not healthy. The purpose of writingthis thesis, namely; First, figure out the implementation of the rights and obligations held the trademonopoly and competition practices pose a business isn't healthy, secondly, knowing the legal efforts resultfrom the cooperation agreement.This 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 the research there are two staples that can be summed up: first, theimplementation of the rights and obligations of trade raises monopoly and competition of unhealthybusinesses and the implementation of Act No. 5 of year 1999 has not yet been fully realised due to lack ofunderstanding of the people against the monopolistic practices Act. Second, efforts are being made in thepelaksaan Agreement committed the parties Sampoerna which resulted in competition and antitrustpractices effort was to provide socialization to society who do not understand about violations in agreementto the detriment of other businessmen as indicated in Act No. 5 of year 1999, later for businessmen who dopractice prohibited monopolies should be given strict sanctions by the relevant agencies of the Government,through the the authorized institution such as the Commission's competition Watchdog's efforts to superviseand investigate the behavior of businesses that practise a monopoly.
KESADARAN HUKUM MASYARAKAT BENGKALIS TERHADAP PELANGGARAN LALU LINTAS MUHAMMAD ZAINAL; Erdianto Effendi; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Traffic and road transport in Indonesia has a very important and strategic role so that the organizers are controlled by the state, and its guidance is carried out with the aim of realizing the safe and smooth, safe, smooth and efficient traffic and road transport. In Indonesia the regulation on traffic and national road transport is regulated in Law of the Republic of Indonesia Number 22 Year 2009 on Traffic and Road Transportation. This law provides the basis and guidance on enforcement of traffic violations. The number of traffic violations in the Bengkalis District region from year to year is increasing, indicating the lack of public awareness in traffic order. The details of the number of violations obtained from the Police of the Republic of Indonesia Regional Riau Resort Traffic Unit Bengkalis Polres Year 2016 Violations 6,993, 2017 Violations 10,551.The type of research used by researchers is a type of sociological legal research, namely legal research conceptualized as a social institution that is in real terms associated with other social facts. The nature of this study is descriptive that is to provide accurate data about humans, legal factors, conditions or symptoms.From the research result Bengkalis community awareness level in the orderly traffic is still in the value of less and has not run optimally in accordance with the expected by traffic law. But the Bengkalis District Traffic Police has enforced the law against traffic violations, with repressive efforts that constitute activities covering two educative and juridical prosecutions. Educative act of repression in the form of reprimand and warning. While the jurisdiction is the action carried out by a ticket or a fine, legal awareness can be raised in several parameters, among others, in terms of the form of violation, the implementation of the law. Increased awareness of Bengkalis community law can basically be done through two ways, namely in the form of education. One of the efforts made is the direct socialization to the field, school, and directly to the village community. The result of the research shows that the causal factor of traffic violation by vehicle riders in Bengkalis City is caused by the man himself due to lack of awareness of traffic rules and other human interests, causing careless, negligent, even deliberate people to become the dominant factor of traffic violation in Bengkalis city.Keywords: Legal Awareness, Law Violations, Traffic
PERLINDUNGAN KONSUMEN TERHADAP PENJUALAN ROKOK KEPADA ANAK DI BAWAH UMUR DI KOTA PEKANBARU Rahmayeti '; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Consumers whose existence is unlimited, with very varied strata causes producers toengage in the marketing and distribution of products or services in ways that are as effective aspossible in order to reach a very diverse consumer. World health experts through manyresearch and research proved that cigarettes are very harmful to the health of the body.Regulation of the Government of the Republic of Indonesia Number 109 Year 2012 ConcerningSecurity of Materials Containing Addictive Substances in the form of Tobacco Products forHealth in Article 25 states Everyone is prohibited from selling tobacco products: (1) Using selfservicemachines; (2) To children under the age of 18 (eighteen) years and; (3) To pregnantwomen. The purpose of this research, namely; First, Knowing how the protection of children asconsumers of the sale of cigarettes to minors in the city pekanbaru. Second, Knowing whatcauses business actors to sell cigarettes to minors. Third, Knowing what efforts the governmentcan take in preventing children as consumers of cigarette sales to minors.The type of research used by the authors is sociological law research is a study thatexamines the legal aspects by looking at applicable legislation and compare with theimplementation in the field by way of survey. This study was conducted in Pekanbaru City,while the population and sample were the whole parties concerned with the research, the datasource used, the primary data, the secondary data and the tertiary data, the data collectiontechnique in this study by observation, interview, and library stusi .From the results of research problems there are three points that can be concluded.First, the legal protection of children as consumers of cigarette sales is still not workingproperly. De facto there are still many violations, so the child is still the target of cigarette salesbusiness. Secondly, businesses that sell cigarettes to children under the age of 18 (eighteen)years do not know that this is prohibited by legislation. Third, the government's efforts toregulate the age limit of cigarette consumers, however, the regulation does not run optimallywithout supervision. The author's suggestion, Firstly, It is expected that the consumer in thiscase the child under the age of 18 (eighteen) years get more supervision from parents, family,and teachers in his school. So with the supervision, the children will be educated and know whatthings are allowed and which they should not do. Secondly, it is expected that business actorsshould prioritize the rights of their consumers, providing clear information so that goods aretraded right on target. Make a more assertive warning in every cigarette sales business thatconsumers are entitled to buy cigarettes is the age above 18 (delpan) year. Third, Suggested tothe Government in this case Disperindag Pekanbaru degan cooperation with related agenciessuch as Health Office, Education Office, etc .. As supervisor, the mediator present to providesocialization to business actors and consumers in this case is a child under 18 (eighteen) yearsof existing laws and regulations.Keywords: Protection - Consumer - Child - Cigarette
Perspektif Hukum Internasional Terhadap Suku Bangsa yang Tidak Memiliki Kewarganegaraan Ali Akbar Rafsanzani S; Evi Deliana; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Kewarganegaraan adalah bentuk identitas yang memungkinkan individu-individu merasakan makna kepemilikan, hak dan kewajiban sosial dalam komunitas politik (negara). Deklarasi Universal Hak Asasi Manusia (DUHAM) menegaskan bahwa setiap orang berhak atas suatu kewarganegaraan. Dengan demikian, Deklarasi ini mengakui pentingnya kewarganegaraan secara hukum dan praktis untuk pemenuhan hak-hak asasi manusia. Hak Asasi Manusia (HAM) adalah hak-hak dasar atau hak pokok manusia yang dibawa sejak lahir sebagai anugerah Tuhan Yang Maha Esa bukan pemberian manusia atau penguasa. Hak ini bersifat mendasar bagi kehidupan manusia. Pelaksanaan pemberian HAM tersebut harus diberikan tanpa adanya diskriminasi baik berdasarkan agama, ras, warna kulit, pendapat politik, kebangsaan dan pembeda lainnya. Berdasarkan ketentuan di atas, seharusnya setiap orang memiliki kewarganegaraan tanpa terkecuali. Namun nyatanya masih banyak suku bangsa yang tidak memiliki kewarganegaraan, diantaranya Etnis Rohingya di Myanmar dan Etnis Kurdi di Suriah.Tujuan penulisan skripsi ini yaitu untuk mengetahui pengaturan Hukum Internasional terhadap seseorang yang tidak memiliki kewarganegaraan dan untuk mengetahui implementasi Hukum Internasional terhadap etnis Rohingya di Myanmar dan etnis Kurdi di Suriah.Hukum Internasional telah memberi aturan terhadap seseorang yang tidak memiliki kewarganegaraan diantaranya yaitu Deklarasi Universal Hak Asasi Manusia, Konvensi Genewa 1954 Tentang Status Orang-orang Tanpa Kewarganegaraan dan konvensi Genewa 1961 Tentang Pengurangan Keadaan Tanpa Kewarganegaraan. Hukum Internasional telah memberikan pengaturan yang jelas dalam menyelesaikan permasalahan keadaan tanpa kewarganegaraan. Namun etnis Rohingya di Myanmar dan etnis Kurdi di Suriah masih belum menikmati hak berkewarganegaraan. Peran serta pemerintah kedua negara sangat diperlukan dalam menanggulangi hal tersebut.Kata Kunci : Kewarganegaraan, Keadaan Tanpa Kewarganegaraan, Orang-orang Tanpa Kewarganegaraan.

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