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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
 108   109   110   111   112 
PELAKSANAAN PERJANJIAN KERJA ANTARA SUPIR DAN PENGUSAHA JASA ANGKUTAN PADA CV. ALEXSANDER TRAVEL Marpaung, Enra Alexsander; Deliana, Evi
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

Civil Code, Article 1313 of the formulation of the Contract or the Agreement, Article 1338 all agreements made by fulfilling the conditions prescribed by the Act are the Laws for those Who Make It. Law Number 13 Year 2003 concerning Manpower, Article 51 Paragraph 1 agreement made in writing. CV. Alexsander Travel has business in public transportation services, route Pekanbaru-Jambi PP. Its work system is contained in a work agreement that has been blessed. The purpose of writing this thesis, namely to know the implementation of existing work agreements on CV.Alexsander with driver. This type of research is classified in the type of research of Sociological Law, namely research on the effectiveness of the current law, the nature of this research is descriptive research that describes systematically, facts and characteristics of the object studied appropriately. Research conducted at CV.Alexsander travel intersection arengka 2 ring road Pekanbaru, while the population and sample are all parties related to this research, whether it is businessmen, and workers / drivers. Sources of data used are primary data and secondary data, data collection techniques used are interviews and questionnaires. From the results of research problems there are three main things that can be concluded that First, the implementation of the work agreement on CV.Alexsander travel has not been fulfilled in its entirety. Second, the obstacles in implementing the work agreement there are internal factors, related to the performance of the driver is less than the maximum, as well as external factors related to the proliferation of travel-dark travel that does not have route permission. Third Efforts that can be done by each Party is to work maximally, to make achievements according to the contents of the employment agreement, as well as support of the Department of Transportation related to conducting raid operations on illegal transport and transportation that does not have route permission. Suggestion of the writer, the parties who carry out the contents of the work agreement, do seriously or with legal awareness, make achievements on the contents of the employment agreement, so that all try to maximize, to minimize the barriers all parties must synergize in advancing the company, the effort that can be done is by exercising their respective obligations in order to gain their respective rights as well. Keywords: Implementation of work agreement, CV.Alexsander travel, driver
PERBANDINGAN SANKSI DALAM HUKUM PIDANA NASIONAL DAN HUKUM PIDANA ADAT MINANGKABAU TERHADAP ANAK YANG MELAKUKAN PENCURIAN COMPARISON OF SANCTIONS IN MINANGKABAU'S NATIONAL CRIMINAL AND CRIMINAL LAW LAW ON CHILDREN ARE DOING THIEVES Muhamad Syukri; Dessy Artina; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Abstract

Indonesia is a country based on law. In general the source of the law that applies in Indonesia is a written law which became known as positive law. Besides that, it also applies to unwritten law which became known as customary law. Speaking about how to prosecute criminal cases committed by children, Indonesia uses Law Number 11 of 2012 concerning the Criminal Justice System. Whereas on the other hand customary law also has its way in solving child criminal cases. The author uses sociological research methods, or often called non-doctrinal theories that try to examine the effectiveness of the validity of law in society. This research is descriptive. The author describes the comparison of sanctions in national criminal law and Minangkabau customary criminal law in cases of theft by children. The results of the study are, first in the positive law of Indonesia the handling of child criminal cases is known as the diversion process, namely the settlement of child criminal cases outside the court. By customary law the handling of child criminal cases is carried out by customary deliberations. Both of these methods have their own advantages and disadvantages. To optimize the handling of criminal cases of this child, the author believes that there is a need for cooperation between the police and adat parties, so that the future is guaranteed for children who have made mistakes
PENERAPAN PERLINDUNGAN HAK TERSANGKA DALAM PROSES PEMERIKSAAN OLEH PENYIDIK DI WILAYAH HUKUM KEPOLISIAN RESOR INDRAGIRI HILIR Ismail Saleh; Evi Deliana; Ferawati '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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The suspect is granted a set of rights by the Criminal Procedure Code through Articles 50 through 68. But in reality the protection and enforcement of human rights is still far from satisfactory and also in the process of examination is still not really done, it is because there is no sanction laws that can be delegated to law enforcement officers and state apparatus. In addition there is abuse of power by investigators or law enforcement officers against suspects or defendants.The type of research used in the writing of this law is juridical sociological legal research is a study that wants to see the correlation between law and society, so as to reveal the effectiveness of law enforcement in society and mengidintifikasi unwritten law applicable to the community. The nature of this research is descriptive. This study uses secondary data that is ready-made data.The result of this research is the application of the protection of suspect rights in the investigation process by the investigator in the legal area of Resort Police Indragiri Hilir not optimal yet in accordance with the prevailing laws and regulations namely Law Number 48 Year 2009 regarding Judicial Power, Law Number 39 Year 1999 regarding Human Rights and Law No. 8 of 1981 on Criminal Procedure Code (KUHAP). Unacceptable action in the investigation process is based on the visa result known that the police conduct maltreatment of the suspect, the absence of an arrest warrant during arrest and unauthorized search to the head of RT and homeowners. Obstacles in applying the protection of the suspect's right in the investigation process by the investigator in the Law Territory of the Indagiri Hilir Resort Police in the form of a violation of the law against the right to know clearly and the language understood by him about what is suspected and what is indicted, the right to freely give information to the investigator and such judges are upfront, and the right to a private doctor's visit. The suspect's legal effort is to use a lawyer to obtain his / her rights as a suspect and the police committing an offense at the examination stage get disciplinary sanction by the police agency.
TANGGUNG JAWAB PELAKU USAHA TRAVEL TERHADAP PERBUATAN MELAWAN HUKUM YANG DILAKUKAN OLEH SUPIR Rahman, Danang Sugandi; Ismi, Hayatul; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Article 1367 Civil Code which states explicitly that "a person shall not only be liable for damages caused by his own act of neglecting also for damages caused by the deeds of those who are his responsibility or caused by goods under his control". In this work agreement does not explain in detail about the rights and obligations of the first party and the second party and more burdensome to the driver of the CV. Pasir Intan Travel. And what if the occurrence of traffic accidents accidents provided by the CV. Pasir Intan Travel compensation loss is not as expected. So this will be a polemic in society because there is no basis in providing the amount of compensation suffered by the victims of traffic accidents.This research uses obsevarsional reaserch method, by survey, that is collecting data in the form of questionnaire and interview to respondent in research location. While the nature of the research is descriptive that aims to provide a clear picture of the problems in the perusal.Legal relationship between travel service company CV. Sand Intan Travel and Driver rider car travel services CV. Pasir Intan Travel is a partnership to do the work in the form of travel services. The legal relationship was born from the agreement between the company's travel services CV. Pasir Intan Travel and driver as the driver of the car, which raises the bond in the form of rights and obligations between travel business actors with drivers based on employment agreement.Keywords : Responsiability – Businessman – Compensation
Penyelesaian Sengketa Tanah PT. Balai Kayang Mandiri Dengan Masyarakat Di Kabupaten Siak Kurniawan, T.Agung; ', Firdaus; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Land is a gift from God. And as an important natural resource for humankind, it is no wonder the land becomes a special asset that does not stop triggering disputes. Land parcels that occur in Indonesia are usually disputes over ulayat rights, land grabs, and property rights disputes generally disputes that occur in Indonesia are resolved Mediation mediation is one part of alternative dispute resolution outside the courtThe purpose of this research is to find out why the dispute of PT. Balai Kayang Mandiri with the Community and how the parties must carry out the effort to complete the trialThe type of this research is sociological law research, because in this study the author directly conduct research in the area of the occurrence of the dispute this research was conducted in Siak regency, while the population and the sample are all parties related to the problems studied in this study data sources used, data primary, secondary data and tertiary data. Data collection techniques in this study with interviews and literature studiesDispute resolution of PT. Balai Kayang Mandiri with Community in Siak Regency there are some obstacles that each party disputes insist that the land that become dispute is an area of their own landKeywords: Dispute Resolution, PT. Balai Kayang Mandiri, Masyarakat.
PERTANGGUNGJAWABAN PIDANA KORPORASI PADA KASUS KEJAHATAN LINGKUNGAN (SINKRONISASI UNDANG-UNDANG NO 40 TAHUN 2007 TENTANG PERSEROAN TERBATAS DENGAN REGULASI PERUNDANG-UNDANGAN LAINNYA YANG MENGATUR TENTANG KEJAHATAN LINGKUNGAN) Widya Selvia; Erdianto Effendi; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Pollution and environmental damage often occur in a process of development orproduction of a person or corporation. Corporation or limited liability company is a businessentity or legal entity which in its production process is directly related to the environment.For this reason, it is very likely that the production process can result in pollution orenvironmental damage. The purpose of this study was to determine the criminal liability ofcorporations in environmental crime cases and legal arrangements regarding corporatecriminal liability in cases of environmental crime in contributing to the reduction in thenumber of current environmental crime casesThis type of research is normative legal law research that focuses on principles byformulating legal principles, both from social data and from positive written legal data,whereas if seen from the nature of this research is descriptive. This study uses secondarydata, namely data that has been prepared.The results of this study are corporate criminal liability in cases of environmentalcrime based on Law Number 40 of 2007 concerning Limited Liability Companies with otherlegislations that regulate environmental crime, namely: a) corporate managers as makers ofcriminal acts and corporate managers who are responsible criminal; b) the corporation asthe maker of a criminal act, but the corporate management is criminally responsible; c)corporations as makers of criminal acts and corporations that are criminally responsible.The legal regulation regarding corporate criminal liability in cases of environmental crimein contributing to the reduction of the number of cases of current environmental crime isbeing able to prosecute and convict individuals, including administrators or managers,including the corporation itself by paying attention to and adhering to the objectives of socialpolicy. namely protection and welfare of the community so as to reduce the number ofenvironmental crimes.Keywords: criminal liability, corporation.
Analisis Terhadap Perjanjian Kawin Yang Dibuat Setelah Perkawinan Berlangsung Pasca Putusan MK NO.69/PUU-XIII/2015 Dini novriansyah; Maryati Bachtiar; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Marriage is a spiritual bond between a man and a woman as husband and wife inorder to form a happy and eternal family (household) based on the One SupremeGodhead. During the marriage there will be a property called mutual property inmarriage which may create a mixture of property between husband and wife, giving riseto a desire to make an agreement between both parties to clarify the ownership rights ofhusband and wife in terms of wealth and others, which is called the prenuptialagreement. The prenuptial agreement is an agreement made by two persons (marriedcouple) prior to marriage. The arrangement of the prenuptial agreement is notregulated in detail but only regulates the timing of its manufacture only and is regulatedin article 29 of law number 1 of 1974 concerning marriage. However, with the decisionof MK no. 69 / PUU-XIII / 2015 cause changes or eviations that cause new problems inthe life of society. Problems to be investigated in this research is about legal certaintyin the decision of the Court. 69 / PUU-XIII / 2015 concerning the prenuptial agreementand how the legal effect of the prenuptial agreement after marriage takes place over theproperty of marriage.Research method / approach used by writer in this research is normative lawresearch. Normative legal research is a literary legal research, because it makes thebook material as the main pedestal in conducting this research. Sources of legalmaterials used are primary sources of legal material, namely the Civil Code (BW), LawNo.1 of 1974 on marriage, and Decree No.69 / PUU-XIII / 2015, for secondary legalmaterials namely the various books, journals, theses, and expert opinions, as well astertiary legal materials namely Indonesian dictionary, legal dictionary, andencyclopedia. The analysis of legal entities in this study was done by processing andanalyzing qualitatively and poured descriptively.The results of the first study to prove that the verdict MK No.69 / PUU-XIII / 2015has not fully provide legal certainty, and on the results of research both prenuptialagreements made after marriage took place separated property between husband andwife without any one party can get part of other party's property.Keywords: Prenuptial Agreement, Legal Certainty, Legal Effect
PENEGAKAN HUKUM TINDAK PIDANA PENADAHAN KENDARAAN BERMOTOR HASIL PENCURIAN DI WILAYAH HUKUM KEPOLISIAN SEKTOR KUBU Nuri Indriyanti; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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The criminal act of tribunal shall constitute the act of evil relief or conspiracy as the act is regulated in article 480 of the Criminal Code. The problems that arise in the community, especially in Kubu sub-district of Rokan Hilir Regency are the people of Kubu Sub-district consider that the crime is not a crime but an ordinary thing, it happens because of the lack of awareness and legal compliance of the community, so the action tends to be ignored.The purpose of this thesis writing is: firstly to know the law enforcement of criminal acts of motor vehicle stolen from theft in the jurisdiction of the police sector of the camp, secondly to know what are the obstacles in law enforcement criminal act of stolen motor vehicle stolen in jurisdiction of police sector, and third to determine the right effort to overcome obstacles of criminal law enforcement of motor vehicle stolen results in the jurisdiction of the police sector of the faction. This type of research can be classified in the type of sociological juridical 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 investigation.From the results of research problems there are three main things that can be concluded. First, the enforcement of criminal law on theft of motorized vehicles in the jurisdiction of the Police of the Kubu Sector is conducted based on reports or complaints of the community as victims. Secondly, the obstacles to enforcement of criminal acts of motor vehicle suspension in the jurisdiction of the Police in the Kubu Sector are the social condition of the community, the development of the regional mode by making a considerable distance, the low awareness of community law, the lack of socialization with the community, and the lack of supervision by the enforcement officers law. Third, the efforts made to overcome obstacles in the law enforcement of criminal acts of motor vehicle stolen from theft in the jurisdiction of the Police of Kubu Sector is by reducing the number of motor vehicle theft, while the effort to enforce its law is by socializing or counseling the law and increasing supervision and cooperation between the Police of the Regional Sector on the stolen vehicle rearrangement of theft.
PERAN ADVOKAT SEBAGAI PELAKSANAAN MEDIATOR DALAM PERKARA PERCERAIAN DI PENGADILAN AGAMA PEKANBARU Anugeraha, Rendra; Bachtiar, Maryati; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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The role of an advocate in mediation in the Religious Court of Class 1.A Pekanbaru does not exist, at the time of mediation lawyers were not included in the mediation room to provide solutions for the achievement of mediation, in which case the advocate was also included in one of the law enforcement agencies, which was stated in Article 5 paragraph (1) Law No. 18 of 2003 concerning Advocates. And advocates also have the right to assist their clients both in the courtroom and outside the court as long as they are in the case. This is stated in a special power of attorney between the advocate as the legal service provider and the client as the recipient of legal services. This study uses a sociological juridical approach.Juridical sociological research or empirical research is an approach by looking in terms of the realities that occur in the field. While the nature of research is descriptive which aims to provide a clear picture of the problem being examined. The advocate's role in the implementation of mediators in the divorce case at the Pekanbaru Religious Court based on the laws and regulations which form the basis for the resolution of cases in the Religious Courts, formulating the principle of peace in the settlement of divorce cases. In this case the subject of the family is marriage. While one who can decide is divorce, then if the peace rule in the family law is included together with the settlement in the divorce case examination, this shows that peace is the best solution for all disputes resolved through the Religious Courts in accordance with their authority.Obstacles and constraints of advocates on the implementation of mediators in divorce cases at the Pekanbaru Religious Court, namely a. lack of socialization for parties, b. existence of a third party, c. Good faith from the parties is also one of the factors that determines the success of mediation in court, d. the absence of one party, often the litigant party is not present at the hearing even though he has been summoned appropriately twice in a row, this is what automatically causes mediation to fail and the case must be continued by the panel of judges.Keywords: Advocates' Role as Mediator Implementation
PENGARUH PENGATURAN REDUCING EMISSION FROM DEFORESTATION AND FOREST DEGRADATION TERHADAP MITIGASI PERUBAHAN IKLIM DI INDONESIA Fifi Fazilah; Zulfikar Jayakusuma; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Indonesia meratifikasi Protokol Kyoto dengan Undang-Undang Nomor 17 Tahun 2004 sehingga Indonesia dapat berpartisipasi melalui salah satu mekanisme Protokol Kyoto yaitu Clean Development Mechanism (CDM). Salah satu mekanisme penurunan emisi di dalam CDM adalah Reducing Emission from Deforestation and Forest Degradation (REDD+)dimana negara-negara berkembang dapat berpartisipasi dalam upaya pengurangan emisi karbon dioksida (CO2) di sektor kehutanan, dengan cara menanam hutan, mencegah deforestasi dan mengelola hutan dan sebagai imbalannya negara berkembang mendapat bantuan dan kompensasi keuangan dengan memperdagangkan kredit karbon yang diproleh. Pemerintah Indonesia kemudian mengeluarkan Peraturan Menteri Kehutanan Nomor 30 tahun 2009 tentang Tata Cara Pengurangan Emisi dari Deforestasi dan Degradasi Hutan. Deforestasi dan degradasi hutan menyumbang sekitar 17% dari total emisi global. Indonesia sebagai negara pemilik hutan tropis terbesar ketiga di dunia melalui mekanisme REDD+.memiliki peran yang sangat penting untuk memitigasi perubahan iklim.Jenis penelitian ini dapat digolongkan dalam jenis penetilian yuridis normatif, karena penelitian ini dilakukan dengan cara meneliti bahan pustaka atau data sekunder, sehingga dapat dinamakan penelitian hukum normatif atau penelitian hukum kepustakaan.Dari hasil penelitian masalah ada dua hal pokok yang dapat disimpulkan, Pertama, pengaturan REDD+ telah mempengaruhi kebijakan mitigasi perubahan iklim di Indonesia namun belum memberikan pengaruh yang signifikan terhadap pengurangan emisi gas rumah kaca. Kedua, yang menjadi faktor penghambat pelaksanaan REDD+ adalah terjadinya bencana alam El Nino yang menyebabkan kebakaran hutan, permasalahan tenurial, desakan pembangunan ekonomi dan korupsi. Sedangkan, faktor pendukung pelaksanaan REDD+ adalah besarnya potensi yang disediakan hutan Indonesia, banyaknya dana internasional yang diperuntukkan untuk REDD+ dan ditetapkannya kebijakan moratorium hutan. Pemerintah Indonesia harus lebih serius dalam menanggapi perubahan iklim. Peraturan REDD+ harus dibuat secara jelas dan sejalan dengan peraturan terkait serta harus adanya tranparansi terhadap pengaliran dana yang diproleh dari proyek REDD+.Kata Kunci: Perubahan Iklim-Mitigasi-REDD

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