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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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PENERAPAN SANKSI PIDANA TERHADAP PENGEMUDI ANGKUTAN UMUM TIDAK MEMILIKI SERTIFIKAT PENGEMUDI ANGKUTAN UMUM BERDASARKANPERATURAN DAERAH KOTA PEKANBARU NOMOR 2 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN Royani, Anik Novia; Indra, Mexsasai; Erdiansyah, Erdiansyah
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

Traffic problems are one problem that is difficult to solve. The number of traffic violations is still quite high, one of which is the violation of public transport drivers who do not have public transport driver certificates. Whereas in Pekanbaru City Regulation Number 2 of 2009 concerning Road Traffic and Transportation it is said that in Article 72 drivers of public transport must have a driver certificate of public transport to reduce the number of traffic accidents caused by lack of expertise in driving. The problem in this writing is how the application of criminal sanctions against drivers of public transport does not have a public transport driver certificate based on the Regional Regulation of Pekanbaru City Number 2 of 2009 concerning Road Traffic and Transportation.The purpose of this study was to find out the application of criminal sanctions against public transport drivers who committed violations and to find out the factors for violations committed by drivers of public transport did not have public transport driver certificates, the research method used in this draft was sociological legal research. Legal research is carried out by means of interviews by giving questions to informants related to the title taken.Factors and the application of sanctions against traffic violations committed by public transport drivers in the legal area of the Pekanbaru City Police Resort include weak legal awareness, and a weak supervision system, while the application of criminal sanctions is not implemented properly, arguing that there are still small fines in The article is only subject to imprisonment, not imprisonment, whereas in Articles 72 and 73 of the Regional Regulation of Pekanbaru City Number 2 of 2009 concerning Road Traffic and Transportation, public transport drivers who do not have a public transport driver certificate will be subject to three months imprisonment or a fine of Fifty million Rupiah.Keyword : The Application Of Criminal Sanction –Public Transpot Driver – Does Not Have a Driver Certificate – Traffic And Road Transport
PENGGUNAAN LOGO PERTAMINA OLEH PELAKU USAHA PENJUALAN BBM PERTAMINI TANPA IZIN PEMEGANG HAK MEREK (StudiKasus: Desa Tanjung Bungo Kecamatan Kampar Timur) Saskia Pratiwi; Firdaus '; Maryati Bachtiar
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Abstract

Substantially, the notion of Intellectual Property Rights (hereinafterreferred to as IPRs) can be described as property rights arising or born due tohuman intellectual ability and IPR to discuss patents, trademarks and designs.Intellectual property rights are intangible objects resulting from humanintellectual activities which are expressed in a particular form of creation ordiscovery. Intellectual activity (creativity) is found in the fields of science, art andtechnology. In terms of law, it must be known that what is protected by law is IPR,not material in the form of IPR incarnationThe purpose of writing this thesis, namely; First, the impact of the use ofthe Pertamina logo used by business people without the permission of the brandrights holder, second, the efforts made by PT. Pertamina in overcoming the use ofthe logo used first.From the results of this study there are two main points that can bededuced: First, the impact of using the logo used by the first without the license orlicense of the holder of the trademark causes loss to PT. Pertamina, the first kioskowner and consumer. PT. Pertamina suffered material and immaterial losses. Inmaterial losses are experienced by PT. Pertamina with a significant cost due tothe accumulation of fuel oil caused by the kiosk, so that PT. Pertamina continuesto produce premium types of fuel oil. While immaterial loss is the seizure of brandrights that have been owned by PT. Pertamina which has been registered before.
PENEGAKAN HUKUM TERHADAP PERUSAHAAN YANG MELAKUKAN PENAHANAN IJAZAH BERDASARKAN PASAL 374 KUHP TENTANG PENGGELAPAN OLEH KEPOLISIAN RESOR KOTA PEKANBARU Sori Muda Siregar; Erdianto '; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Abstract

Some companies implement agreements that require workers to depositdiplomas as job security on the grounds of contract insurance that is because employeeswho often feel uncomfortable working and exit before the contract expires. The awardof this diploma is done by the company with the reason that its employees can work atleast until the contract of work contract is finished so as not to harm the company.Another reason that companies often use is to proof the seriousness of workers willimplement the work agreement well during the work period. If it does not meet thecontents of the contract agreement, the company will impose administrative sanctionson the workers. The purpose of this study is to determine the process of investigation ofcompanies that conduct diploma detention in Pekanbaru and law enforcement againstcompanies that make custody of diploma under article 374 of the Criminal Code aboutembezzlement by Pekanbaru City Police.The type of this research is sociological law research with case study methodthat is used to research the truth of an event that happened by observing an object in theform of state, individual and community. whereas if viewed from the nature of thisresearch is descriptive. This research uses primary data and secondary data.The results of this study is the process of investigation of companies conductingdetention of diplomas in Pekanbaru still in the stage of investigation. The requirementof the latest education certificate is usually requested by the company when theprospective worker is accepted to work in the company as a guarantee that the workerdoes not leave before the contract expires. The request for this diploma is then pouredinto a work agreement containing the terms of employment, rights and obligations ofthe parties including the submission of a diploma guarantee to be signed by the workersand the company. If the employee has resigned by submitting a monthly resignationletter (one month notice), and has fulfilled the conditions stipulated in the submission ofresignation, then the agreement contained therein shall be expired. This enables theparties to return the rights of each party requested including a diploma. But there arestill many companies that violate agreements that have been agreed so that this isdetrimental to employees. Law enforcement against companies that conduct diplomadetention under section 374 of the Criminal Code on embezzlement by Pekanbaru CityPolice Force. The detention of a diploma by a company is a fraud. Fraud committed bythe company in the possession of goods in the form of a diploma of workers due to aworking relationship may be subject to a five-year criminal penalty.Keywords: Law enforcement, detention of diploma.
EFEKTIVITAS PENEGAKAN HUKUM PIDANA TERHADAP PERUSAHAAN PERKEBUNANAN DALAM KASUS KEBAKARAN HUTAN DAN LAHAN DI WILAYAH PROVINSI RIAU Lubis, Anwar Wijaya; ', Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Abstract

Agricultural development and plantation has an important meaning in anattempt to improve the national economic growth as well as increase tarap the lives ofthe community .In literature environmental problems hidup-masalah the environmentcan be classified into the accompanied three forms of , pt pgn promised to supply areprone to air pollution of the living environment ( pollution ) , of land use have mistakenlytargeted ( land owns missue ) and is draining or for you never to end natural resources (natural resource depeletion ) .The development of the agricultural sector clovecommodities which were accompanied by the criminal deeds as meant stages as well asenvironmental instead took pleasure in unrighteousness was exactly like the combustionof forests and land areas is a manifestation of its a number of concrete the ineffectivenessof licensing requirements and regulations imposed regulation or not an undeveloped tobe carried out efficiently law enforcement will involve all stakeholders namely relating toenvironmentThe kind of research this can be grouped in the kind of research empirical law orsociological , because in this research writer directly did an experiment in most of thesurvey or place to which be researched in order to provide a picture in complete andclear about the problem in question .The research was conducted in an administrativeterritory riau .Of the source of data that is used , pt pgn promised to supply: primary andsecondary data .The technique of data collection during this research with theobservations , the objective of the interview , and the results of literature that.Keywords : Land and forest fir - Publicly-listed plantation company accountability- Environmental crime
UPAYA PERLINDUNGAN TERHADAP PEMEGANG HAK CIPTA REKAMAN LAGU PRODUKSI PT. RATU MUTIARA BUKITTINGGI Sari, Lilian Perdana; Bachtiar, Maryati; ', Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Abstract

Lately, many still happened an act detrimental to the copyright belongs to arelated company, i.e. the Act of distributing unauthorized creation results that PT.Ratu Mutiara circulating in the form of tapes are not original. Formulation of theproblem in this research is whether the cause of the occurrence distribution ofunauthorized copyright recordings of song production PT. Ratu Mutiara and howefforts taken in addressing the unauthorized distribution. The purpose of thisstudy: first, to find out the cause of the occurrence distribution of unauthorizedrecordings of copyrighted songs. Second, to know the efforts taken by thecompany in addressing the unauthorized distribution.The type of research that the author use is a kind of sociological legalresearch. Location of research that became the object of the research is the PT.Ratu Mutiara. located at JL. Adinegoro No.11 Aur Kuning Atas of Bukittinggi,West Sumatra. While the population and sample is the entire parties relating toissues that are examined in this study. Data sources used are primary data andsecondary data. Data collection techniques in the study by observation,questionnaire, interview, and the study of librarianship.From the results of the research there were two basic problems that can beinferred. First, the cause of the still large number of unauthorized distributiontook place against the results of the related creation of copyright songs is causedby several factors, namely due to technological developments, price, copyrightprotection is still lacking was fulfilled, lack of awareness of the perpetrator andthe consumer. Second, the effort taken by PT. Ratu Mutiara in addressing theunauthorized distribution is in two ways. The first is a persuasive legal efforts,namely an approach undertaken by the company with the offender not todistribute unauthorized copyrighted property of the company. Second, with thelaw firm parties i.e. the actions reported to law enforcement. The author'ssuggestion, first, it is hoped to Department of law and human rights to giveguidance in an effort to increase understandings in the field of copyright. Theauthors also hope that law enforcement can be increasingly assertive and focus inaddressing problems of Copyright. Second, expected to law enforcers indetermining the rules of the country to consider that to minimize this cheatingshould sanctions not only charged to sellers, but in order to be charged to theconsumer as well.
PENGEMBALIAN KERUGIAN NEGARA AKIBAT TINDAK PIDANA KORUPSI (STUDI KASUS DI KEJAKSAAN NEGERI PELALAWAN) Azhari, Roby; ', Erdianto; Artina, Dessy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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In Law Number 31 Year 1999 Jo of Law Number 20 Year 2001 Concerning the Eradication of Corruption which has been regulated in Article 18 paragraph (1) Part b About Additional Criminal which obliges the corruptor to return state loss as much as equals objects obtained from criminal acts of corruption. The purpose of this thesis Writing, namely: First, the return of state losses due to criminal acts of corruption committed in the State Prosecutor Pelalawan, Second, the obstacles faced by the State Prosecutor Pelalawan in returning state losses due to corruption. This type of research can be classified in the type of sociological juridical research because in the research the authors directly conduct research on the place to be studied, while the population and sample is the whole party related to the problems studied in this study, data sources used, primary data, secondary data , data collection techniques in this study by interviews, literature review. From the results of this study can be concluded. First, the return of state losses due to corruption crimes committed in the Pelalawan District Attorney through the payment of replacement money for every defendant of corruption cases is not in accordance with the provisions of Article 18 paragraph (1) sub-paragraph b of Law Number 31 Year 1999 Jo Law Number 20 Year 2001, that is, the repayment of the replacement amount is as much as the property obtained from corruption, Second, the obstacle faced by the Pelalawan District Attorney in returning the state losses due to corruption due to the lack of personnel of the Public Prosecution Service especially the Pidsus and the intelligence, the lack or the lack thereof budget in handling corruption crime, especially in conducting the asset tracking and also the authority of the prosecutor is limited by law or law itself. Keywords: Public Prosecutor - Corruption - Refund - State Losses
Tinjauan Yuridis Putusan Hakim Yang Memutuskan Perkara Tindak Pidana Narkotika Diluar Surat Dakwaan Berdasarkan Pasal 182 Ayat (4) Kitab Undang-Undang Hukum Acara Pidana (Studi Kasus Perkara Nomor: 56/Pid.Sus/2016/PN.Bkt) Devas, Afifah Fatharani; ', Erdianto; ', Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Abstract

Daily law enforcement always administration preoccupied by a variety of criminal acts that occurred in the middle of the community, including the crime of narcotics. The crime of narcotics must be dealt with and processed by the criminal justice system. In the process of the trial, the judge who was instrumental in deciding a matter. Under article 182 subsection (4) the book of the law of criminal procedure that the Tribunal Judges do the deliberations to take a decision should be based upon indictment and everything that is proven in the examination at the hearing. In the decision-making there is a possibility the judge memutusakan the matter outside of the indictment. While the indictment was instrumental as the basis of the implementation of the resolution of the criminal case.The purpose of this thesis research namely: first, to find out the consideration of judge decided a matter outside the indictment in the criminal offence of narcotics. Second, to know the legal consequences for the verdict outside the indictment in deciding a matter the crime of narcotics.This type of research is classified in types of juridical normative research, because in this study the authors use the study material libraries such as official documents, books for research. In this study, the source data used the primary data, secondary data and data tertier. Data collecting techniques, in this study with the method of the study of librarianship or documentary studies.From the results of research, there are two things which can be inferred. First, the basic consideration of the Tribunal is judge on the verdict the number 56/Pid. Sus/2016/PN. Bkt Bukittinggi, based on the District Court to the Supreme Court RI circular letter number 07 Year 2012, that the judge can make a legal breakthrough because the judge is not a funnel the Act. Second, the legal consequences for the verdict outside the indictment in deciding a matter the crime narcotics namely annulled by law. Because the ruling is not in accordance with the provisions of the book of the law of criminal procedure as provided for in article 182 subsection (4) the book of the law of criminal procedure. The author's suggestion, first in conducting deliberations for a decision of the Tribunal shall Judge according to the provisions in force. Second, in the Tribunal's ruling the judge had dropped the freedom and interpretation, but still there are restrictions that must be observed. We recommend that the Tribunal judges do not do errors-errors in dropping the verdict against the defendant, the Tribunal shall Judge understand the rules that apply.Keywords: Crime – Indictment – Verdict - Judge
ALTERNATIF PENYELESAIAN SENGKETA TANAH MELALUI MEDIASI ANTARA YAYASAN MU’ADZ BIN JABAL DENGAN PEMERINTAH DESA SAWAH KECAMATAN KAMPAR UTARA KABUPATEN KAMPAR Kaspul Ilmi; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Abstract

The dispute is basically a problem that often occurs in the global era of society atthe present moment either the individual dispute vertically, also the individualhorizontally as well as the existing groups within the community, therefore every issue ordispute of course have a way of settling either through litigation and non litigation.By way of mediation, it is expected that the settlement of a dispute becomescontrolled and does not harm any party to produce an agreed agreement that isunderstood and executed by the parties, in the settlement of this land case involving thegroup in the form of Foundation with the Village Government which is the organizer ofthe government in the village a phenomenon, which raises an important question as towhether using the mediation path can result in an effective resolution perceived by bothparties even more so if the dispute occurs between the public and the ruler vertically.The purpose of this study is to determine whether the obstacles in theimplementation of mediation between the Foundation with the Village Government andhow the effectiveness of the implementation of Mediation between Mu'adz Bin JabalFoundation with the Village Government of Kampar north Kampar districtThe data used in this study consisted of primary data and secondary dataobtained from field research results through interviews with resource persons fromMu'adz Bin Jabal Foundation and Village Government, and conducted literature studyon primary, secondary and tertiary legal materials related to theme research. Based onthe results of the above research, it can be concluded that the constraints in theimplementation of such mediation is sourced from the internal factors of the disputedparties, the object of the disputed object and external factors originating from partiesoutside the disputed parties. Then the dispute between the two parties has so far beenresolved through an alternative dispute resolution through consensus or mediation ingood faith so as to facilitate a settlement for both parties, although it can be said that theimplementation is not very effective for one of the parties to the disputeKeywords: Mediation, Dispute, Mediation Barriers
Analisis Terhadap Dissenting Opinion Dalam Penyelesaian Sengketa Kepailitan Di Indonesia Chairunnnisa, Amanda; Bachtiar, Maryati; ', Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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The settlement of a civil case one of the duties of a judge is to investigate whether the legal relationshipthat is the basis of the claim really exists or not. For this reason, the judge must know objectively the truth ofthe event through proof. The conditions for submitting a bankruptcy application to the commercial court arevery important because if the bankruptcy application does not meet the conditions contained in the PKPUBankruptcy Act, the commercial court will not grant the bankruptcy application. However, in this studybankruptcy problems occurred which were not in accordance with the Act which was granted bankruptcy by PTAndalan Artha Advisido (AAA Securities). Therefore the purpose of this Thesis Writing, namely: first, To findout the factors that led to the emergence of dissenting opinions in the settlement of bankruptcy disputes inIndonesia. Second, to find out an analysis of bankruptcy disputes in Indonesia in the event of a dissentingopinion.This type of research can be classified in the type of normative juridical research research, whichexamines the principles of law, precisely the principles of jurisprudence and the resolution of disputesconcerning the matter of justice in state practice. In this type of legal research, law is often conceptualized aswhat is written in the laws and regulations (law in books) or the law conceptualized as a norm or norm which isa standard of human behavior that is deemed appropriate. Data sources are used, namely: primary data,secondary and tertiary data.The conclusion that can be obtained from the results of the first research, Dissenting opinion inbankruptcy cases in general is due to the judge's freedom in deciding cases that are limited by the provisions ofthe legislation. Whereas in particular the emergence of dissenting opinions in bankruptcy cases is due todifferences in the background of judges examining the bankruptcy case, namely the existence of career judgesand ad-hoc judges. Second, the bankruptcy case of PT. AAA Securities is seen as a mistake, whether committedby the bankruptcy applicant or the Panel of Judges. The bankrupt applicant submits an application for abankruptcy statement against PT. AAA Securities to the Central Jakarta Commercial Court without goingthrough the Financial Services Authority as the authorized party. And the Panel of Judges does not consider theprovisions of Article 2 paragraph (4) of the Bankruptcy and PKPU Law. Based on these provisions, thebankruptcy petitioner should not be authorized to submit an application for bankruptcy to the bankruptcyrespondent, but the authorized party to file a bankruptcy petition against the bankruptcy respondent is only theFinancial Services Authority.
PERTANGGUNGJAWABAN PIDANA DOKTER YANG MELAKUKAN PELANGGARAN KERAHASIAAN REKAM MEDIS PASIEN BERDASARKAN UNDANG-UNDANG NOMOR 29 TAHUN 2004 TENTANG PRAKTIK KEDOKTERAN RIA RATNA SARI BR. NAINGGOLAN; Dessy Artina; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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The obligation to keep medical secrets often gets less attention from doctors. It is strongly suspected that there are still doctors disclosing the patient's secrets so that the patient's rights feel neglected and the patient's honor is not maintained anymore. The purpose of this thesis, namely; First, the criminal responsibility of the doctor who violates the confidentiality of the medical record if he is unable to obtain the patient's permission; second, the settlement of a criminal case of a doctor who violates the confidentiality of a patient's medical record. This type of research is normative legal research, which is a study of legal principles that examines legal norms on legal rules, namely the law. This research is descriptive, which is a study that aims to make a picture of the problem. From the results of the research and discussion it can be concluded that first: a doctor in the accountability of criminal acts of confidential leakage violations of medical records can be resolved through 2 (two) ways, namely litigation (court) and non litigation. To resolve violations of medical records, complete the legal channels that have been regulated based on the applicable law; secondly, in the settlement of litigation path cases (court) criminal cases open the medical record the same process which distinguishes only the presence of an expert witness in the medical field to help the judge to decide the case. Suggestion by the author, first: medical records as patient rights that must be maintained and a doctor has the right to respect and not ignore what constitutes the confidentiality of the patient's illness and in carrying out his duties doctors must uphold the values of medical ethics. Second: the union of criminal sanctions opening the secrets of medicine leaking medical records that are more assertive and still maintaining the interests of patients does not ignore the rights of patients who should be protected, even though it is a minor violation still need to maintain the honor of the patient and not ignore the doctor's profession.

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