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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
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PENEGAKAN HUKUM TERHADAP IMIGRAN ILEGAL YANG TIDAK MEMILIKI DOKUMEN BERDASARKAN UNDANG-UNDANG NOMOR 6 TAHUN 2011 TENTANG KEIMIGRASIAN DI WILAYAH HUKUM KOTA PEKANBARU Anida Hujjailah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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The term immigration is a translation of the Dutch immigratie, which comes from the Latin immigration. Immigrants when entering Indonesian territory must have documents valid in accordance with the legislation in force in Indonesia as referred to in Article 8 ( 1 ) of Law Number 6 of 2011 on Immigration explained that everyone who entered and exit Indonesian territory is required to have a valid travel document and valid. In the city of Pekanbaru number of illegal immigrants is quite a lot so this is a phenomenon for the citizens of the city of Pekanbaru . This type of research can be classified in this type of sociological juridical research, because this research author directly conduct research on the location or place in carefully. The research was done at the Immigration Office Class 1 Pekanbaru, while the sample population is a whole party relating to the issues researched in this study, the data source used, primary data, secondary data , and the data tertiary data collection techniques in this study by observation , interview and literature study From the research problem there are three things that can be inferred. First, that the enforcement of the Law on foreigners by the Immigration. Class I Pekanbaru has been running, but in terms mengimpelmentasikan legislation has not been optimal , things to face in law enforcement against illegal immigrants is not , the existence of a special law to overcome , efforts done in terms of overcoming barriers to enforcement against illegal immigrants is making a special law on illegal immigrants and make penjag late in the borders of Indonesia. Suggestions Writer namely the addition of operational funds , improve human resources and the government should make a special legislation that deal with illegal immigrants.Keywords: law-enforcement-against-illegal-immigrants
PELAKSANAAN PERJANJIAN PEMBERIAN KREDIT PADA USAHA EKONOMI DESA SIMPAN PINJAM DI DESA ANGKASA KECAMATAN BANDAR PETALANGAN Sukma Apyanda; Maryati Bachtiar; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Economic Enterprises-Village Savings and Loans hereinafter called UED-SP, the Village Empowerment Program (PPD), which made the Central Government to improve the economies of rural communities. Legal Basis On UED-SP is set on Government Affairs Regulation No. 6 of 1998 on Rural Economic Enterprises - Savings and Loans. Minister Regulation No. 6 of 1998 on Rural Economic Enterprises - Savings and Loans provide an understanding UED-SP is an institution engaged in the field of savings and loans and is owned by the village community / village cultivated and managed by village communities / villages.The aim of this thesis to determine the cause of the debtor in default on UED-SP Taskin Space as well as to determine the completion of the problems for debtors who are in default on UED-SP Taskin Angkasa.Jenis research that will be used is the sociological research, sociological research is research that examines aspects legal to look at legislation in force and compares with the implementation on the ground by means of a survey. The location study was conducted in UED-SP Taskin held at Desa Angkasa District of Bandar Petalangan Pelalawan. Characteristically research descriptive. The data source is the legal data on the use of primary, secondary and tertiary.It can be concluded, Factor causes of bad loans in UED-SP Taskin Space writer get consists of the following: factors derived from the UED-SP (Management and Authority), First, business less careful in analyzing the debtor's credit request. Second, the excessive extension of credit (over financing) on the needs of the debtor. Third, lack of supervision on loans. The next factor is derived from the internal debtors: First, Customer misuse of credit. Second, the customer is less able to manage their business. Third, the customer bad faith. And external factors beyond the ability UED-SP and the debtor: First, natural disasters. Second, Termination (PHK). Third, The decline in selling prices of agricultural products. While the completion of the problems for debtors who are in default on UED-SP Taskin Space never seizure and sale of collateral debtors. It is based on the decision of the village consultation meetings. Following the completion of the problems of the borrowers who are in default: First, the decrease in Interest Rate. Second, the extension of credit period. Third, Sales part or all of the guarantee by the debtor. Fourth, the Sale of Goods Warranty conducted by UED-SP Taskin Space. UED-SP Taskin Space does not conduct auctions for debtors that do arrears which has been given a subpoena by 2 times, this policy is decided by consensus Village for certain considerations.Keywords: Implementation Agreements, credit freeze and UED-SP.
PENYELESAIAN TINDAK PIDANA PENGANIAYAAN MELALUI HUKUM ADAT DI KECAMATAN PUJUD Arifin, Muhammad; ', Firdaus; ', Erdianto
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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In the Indonesian positive law, criminal matters must be resolved in the process of court. But in certain cases it is possible their settlement out of court, one of which is the completion undertaken by traditional institutions, namely through the intermediary Ninik Mamak, as an alternative to settling disputes in the field of criminal law in the application of customary law, such as those in Sub Pujud. Research aims: First, determine and analyze the completion of the crime of persecution under customary law; Second, know and analyze the dispute in the completion of the crime of persecution and Third, find out and analyze the efforts and roles performed by Ninik Mamak customary in tackling crime.This type of research is yuridissosiologis, conducted in Kecamatan Pujud, Rokan Hilir. Population and samples are overall the parties relating to the issues qualitative. Embassy story used is primary story, secondary data and data tertiary denganTeknik collecting story through interviews, questionnaires and studies literature. From the research, there are three finally. One more, In the resolution of criminal acts of persecution still adheres to the settlement that is familial with deliberation in reaching a decision based on the provisions of indigenous done Ninik Mamak. Two intermediaries, dispute settlement constraints persecution crime is the lack of understanding of the community indigenous to the completion of the follow penal . There, efforts made to overcome the criminal act is to disseminate by Ninik Mamak indigenous to the nephew respectively of preventing abuse from becoming simple. Autinetion Author, First, is recommended to conduct a study and explore the local wisdom adat and a number of laws related to the existence and authority of traditional institutions in resolving a case that recognized indigenous and authority in resolving a problem law. Two, Ninik Mamak order custom enhanced its ability to protect children. There,completion deed penal persecution must be maintained in every issue which occurred in the middle of the community as a form of respect and uphold the customs as the main protection. Keywords: Completion-criminal Act –Law Adat
TINJAUAN YURIDIS TERHADAP SANKSI PIDANA KEBIRI DALAM PERKARA TINDAK PIDANA PEDOFILIA Rudi Hartono; Erdianto '; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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The rise of sexual violence in children or the so-called pedophilia into a picture of how weak security guarantees. This prompted the birth of Perpu No. 1 of 2016 which regulates the Punishment of the Kiri as a new punishment for pedophiles. Until now still reap the pros or cons or still in debate. The Punishment of the Left raises the debate over whether sanctions of the left can provide protection and prevention associated with cultural human rights adopted in Indonesia. Human rights embraced in Indonesia are not liberal human rights as they are adopted in western countries, especially those that enforce the law. Human rights in Indonesia is a human right that embraces the principles of Pancasila. If it is linked to Article 10, Article 33, Article 71 and Article 74 of Law 39/1999 on Human Rights, this is contradictory, because the Government should respect and uphold Human Rights for the sake of every survival person.The purpose of this thesis writing is: to know the Law Arrangement In Indonesia Against Pedophilia Crime Sanction, secondly, criminal sanction in the case of criminal pedophilia in the perspective of Human Rights in Indonesia. This type of research is normative legal research or can be called also research doctrinal law.From the research results of the problem there are two main points that are concluded, First, the laws and regulations that apply to crimes of sexual violence you value from the Criminal Code, Act No.23 of 2002 on Child Protection into Law No.35 of 2014 until the exit Perpu No. 1 Year 2016 which adds to the punishment of the hazel, still prioritizes penalties. Second, the prevailing criminal offense has been contradictory to the applicable Human Rights in particular the right to hereditary and the right not to be tortured. Punishment also has contradicted the principle of Prisons which prioritizes the self-improvement of the perpetrator to be accepted again in the midst of society.Kaywords: Criminal Sanctions Kebiri, Pedophilia Crime, Human Rights.
ANALISIS YURIDIS KETENTUAN PRESIDENTIAL THRESHOLD BERDASARKAN UNDANG-UNDANG NOMOR 42 TAHUN 2008 TENTANG PEMILIHAN UMUM PRESIDEN DAN WAKIL PRESIDEN Fitra, Ade Fadillah; Haryono, Dodi; Indra, Mexsasai
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Disclose information is a kind of democracy that can be realized as people right as form of acknowledgement to human right and is a kind of goverment accountable to the people. Historically, the birth of reformation in Indonesia brough the spirit of revolution in every part of goverment’s system, including revolution to open all accesses information from goverment that previously is closed and manipulated. With birth of law No. 14 year 2008 and the formed of committee of information in Indonesia is expected to be a forum for people as a warranty to get the right of getting information, claim for goverment to open all accesses information, and provider of information to public.However, the implementation of task and authority of the commission of information still have many weaknesses. In the fifth year, the commission of information still didn’t have any action that give contribution to make a good system of goverment, honest, accountable, and away from corruption, collusion, and nepotism in Indonesia.Keywords : Commission of information , authority , law No. 14 year 2008
KESADARAN HUKUM SIVITAS AKADEMIKA DALAM BERLALU LINTAS DI LINGKUNGAN FAKULTAS HUKUM UNIVERSITAS RIAU Simanjuntak, Dody Saputra; ', Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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This study aims to assess the condition of legal awareness of academicians in road traffic, the factors that influence the legal awareness of academicians in traffic as well as the efforts made to improve the legal awareness of academicians in traffic. This research was conducted in the Faculty of Law of University of Riau. This type of research that will be used is a sociological law research, because in this study the authors directly conduct research on location or places studied in order to give a complete and clear picture of the problem examined. While the sample population is whole party with regard to the issues examined in this study, the data source used, primary, secondary and tertiary, data collection techniques in this study by observation, interview, questionnaire and literature study.From the research, there are three basic problems that can be inferred. First, the level of legal awareness of academicians in traffic in Faculty of Law University of Riau still low, based on the knowledge, understanding, attitudes, and behavior of law academicians. Second, the factors that influence the legal awareness of academicians in traffic, namely (i) the absence of regulation or specific rules are made, (ii) the action is not firm, (iii) the lack of infrastructure / facilities such as signs or traffic signs, (iv) the common misperception that influenced academicians of knowledge and understanding of academicians. Third, efforts are being made improve the legal awareness of academicians in traffic, namely (i) need to be made regulation or specific rules, (ii) the need to provide guidance to the security officer and coordinate with police to enforce the law, (iii) make signs or traffic signs and parking areas, (iv) carry out the direction and guidance to the academic community.Keywords: Legal awareness ? academicians
PELAKSANAAN PERLINDUNGAN HUKUM TERHADAP PEKERJA HARIAN LEPAS PADA CV. RATIH MANDIRI PERKASA CABANG UJUNGBATU Fitria, Nova; Lestari, Rika; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Development is a matter that is indispensable for a country, especially fordeveloping countries. Development in the field of manpower and transmigration isessentially directed at the program and the empowerment of manpower andtransmigration competent, independent, high work ethic, welfare, and vibrantpartnerships as well as protection of rights as a whole. Implementation of the protectionof labor, the government has set regulations concerning employment,in Indonesia in theregulations of Law No. 13 Year 2003 on Employment (hereinafter referred Labor Law)and the Ministry of Manpower and Transmigration Republic of Indonesia Number:Kep.100 / Men / VI / 2004 provisions on Implementation of Work Agreement certain time(hereinafter Decree 100/2004).Based on the above background, the writer wanted knowing What rights andobligations of non-permanent employees at CV. Ratih Mandiri Perkasa BranchUjungbatu and What are the barriers faced by CV. Ratih Mandiri Perkasa UjungbatuBranch in the implementation of legal protection against non-permanent employees. Thistype of research is classified in socio legal research, research in this wear propertiesusing the description the method of research that seeks to describe and interpret theobject in accordance with what is, with the aim of describing systematically, facts andcharacteristics of the object under study as appropriate. This research was conducted inCV Ratih Mandiri Perkasa Ujungbatu, the data used is primary data, secondary data,and the data and the tertiary data collecting techniques results with interviews,questionnaires and a literature review.From the results, it can be concluded that, first the rights and obligations of nonpermanentemployees at CV. Ratih Mandiri Perkasa Branch Ujungbatu not performingwell, because the rights that should be accepted by the workers was not obtained aswages in accordance with the district minimum wage, lack of social security for nonpermanentemployees and the obligations should workers do also not implementedbecause many non-permanent employees come to work not on time. Second, barriersfaced by CV. Ratih Mandiri Perkasa Ujungbatu Branch in the implementation of legalprotection against non-permanent employees is lack of awareness CV. Ratih MandiriPerkasa legal protections of workers and the governments that Weak supervision of themanpower and transmigration and the absence of confirmation osanctions.Keywords: Legal protection, Casual workers off, rights and obligations
.IMPLEMENTASI UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN ANAK TERHADAP ANAK SEBAGAI TERSANGKA TINDAK PIDANA NARKOTIKA Sania, Ayu; Firdaus, Emilda; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Criminal act of narcotics from year to year has increased, both in terms of a suspect and victims of narcotic crimes. Especially for children, because they are an asset of the nation, as part of the young generation of children play a very strategic role as a nation's successor. For that, Indonesia has been keep their assets by creating Law Number 11 Year 2012 about Criminal Justice System of the Child. so the children who?re caught in the law case still be considered. The purpose of this thesis to know the implementation of that law in investigation process children?s case of narcotics to police of peekanbaru city.This type of research can be classified in this type of sociological juridical research, because this research author directly conduct research on the location or point examined in order to provide a complete and clear picture of the issues examined. This research was conducted in the City Police Pekanbaru, while the sample population is a whole party with regard to the issues examined in this study, the data source used, primary data, secondary data, the data tertiary data collection techniques in this study with 2 methods ie interviews and review of the literature.From the result of research by the author can be concluded. First, investigation for child criminal act are different with the adult. Second, the difference just for process, time periode, and the investigation do by great police. Third, the obstacles that police faced is hard to find the additional evidence, need time for research and there?s no jail for children.Keywords: Criminal act ? Investigation ? Child Criminal Justice System ? Narcotics.
PERKAWINAN JANDA TANPA AKTA CERAI DI KEPENGHULUAN KARYA MUKTI KECAMATAN RIMBA MELINTANG KABUPATEN ROKAN HILIR Ahmad Sobari; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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The relationship of marriage is intended to for life and happiness for the coupleconcerned. Keeping the purpose of marriage is likely to dispute that resulted in divorce.Divorce should be done at the trial court. Divorce can only be proven by a divorce certificateissued by the Court. Interest thesis: First, factor the cause of the marriage without divorcecertificate, Secondly, the legal consequences of marriage and divorce certificates widowswithout Third, legality Widow marriage without divorce certificates according to theMarriage Act and Islamic Law Compilation. This type of research is classified into types ofEmpirical Legal Research. The study was conducted in the village of Karya Mukti DistrictRimba Melintang of Rokan Hilir.Causes of the marriage without divorce certificates in the village of Karya Muktibecause, first, geography, Second, a lack of public understanding of marriage law. Effects ofmarriage without divorce the marriage certificate can be canceled, Children born still has alegal relationship with both parents. Community property marriage without divorcecertificates can not be divided. Widow marriage without divorce certificates according to theMarriage Act and Islamic Law Compilation unauthorized and may be canceled. SuggestionsAuthor, First, the Religious Court and the Office of Religious Affairs needs to improvedissemination to the public. Second, the Court of religion in order to continue the activitiesaround the marriage isbat to curb cooperation with the Office of Religious Affairs. Third,religious leaders and village officials in order to help the Religious Courts.Keywords: Marriage - Divorce - Divorce Certificate
PERKAWINAN DALAM ADAT MENURUT HUKUM NASIONAL (STUDI PERKAWINAN PARIBAN PADA MASYARAKAT ADAT BATAK TOBA DIKECAMATAN SIAK HULU KABUPATEN KAMPAR PROVINSI RIAU) Ria Okta Meliana S; Firdaus '; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Pariban marriage for Batak people is married sons with mother's daughter of mother's brother (toba: borunitulang) and married daughter with male child of father's sister. Marriage is prohibited in certain relationships and circumstances according to religion and / or law, for example because the blood relationship is too close, because semenda, has divorced three times, or has not yet expired waiting period. If a marriage takes place when there is a prohibition or not fulfilled the conditions, the marriage is canceled. Some of them already know that pariban is an ancient marriage legacy of a unique batak people and sometimes seems irrational again for now. Pariban is usually recommended for family or for marriage. The purpose of this thesis writing are: First, to know the implementation of marriage pariban on indigenous people batak toba dikecamatan Siak upstream Kampar district riau province. Second, to know the validity of pariban marriage when associated with Law Number 1 Year 1974 About Marriage.The type of this research is Juridical Sociological research, because in this research the author directly conduct research on the location under study in order to give a complete and clear description of the problem under study. This research was conducted on indigenous people Batak Toba Siak Hulu Kampar regency, while population and sample are all parties related to the problem studied in this research, data source used primary data, secondary data and tertiary data, data collection technique in this research with interviews and literature studies.From the research results of the problem there are two main points that are concluded, First, the implementation of pariban marriage in indigenous people Batak toba Siak upstream Kampar district Riau province is an ideal marriage conducted for generations. Second, the validity of the marriage when associated with Law No. 1 of 1974 on Marriage that regulates everything about marriage both materially and formally in Indonesia.Keywords: Marriage – Pariban – Implementation