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INDONESIA
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
 118   119   120   121   122 
PERLINDUNGAN KONSUMEN TERHADAP PELAKU USAHA ROTI KEMASAN YANG TIDAK MEMPUNYAI LABEL KADALUARSA DI KOTA PEKANBARU Ramelan Nazara; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Rapid economic development has resulted in various types and variations of goods and / or services. The marking or labeling is intended so that consumers get correct information about the product. Because the right choice of consumer choice regarding the goods or services needed depends on the truth and responsibility of the information provided by the parties concerned. The need for a product equipped with information is one of the efforts towards consumer protection. Because with that information, consumers can find out the usefulness and from what ingredients the product was made. Provision of information about this product can be carried out by packaged food product traders by providing information on the date, month, and year of expiration on the product packaging in question.The problem that the author makes the basis of this research is how the responsibility of business people for packaged bread that does not have an expired label in the city of Pekanbaru and how the legal certainty of selling packaged bread that does not have an expired label in the city of Pekanbaru. The purpose of this study is to determine the responsibility of packaged bread business actors who do not have an expired label in the city of Pekanbaru and to determine the legal consequences of packaged bread sellers who do not have expired labels in the city of Pekanbaru.This type of research can be classified into empirical or sociological research types, because in this study the authors directly conduct research at the location or place of study in order to provide a complete and clear picture of the problem under study. This research was conducted in Pekanbaru City and the One Stop Investment Office, data sources used were: primary and secondary data, data collection techniques in this study with observation, interviews and literature review. The results of this study are first. The researcher concludes that most business actors found carrying out food products that do not meet administrative requirements are only given a warning and a prohibition to temporarily circulate and orders to withdraw food products from circulation as stated in Government Regulation No.69 of 1999 concerning Food Labels and Advertisements , if they still do not comply or are found to be still circulating food products whose label requirements are still incomplete, then production permit revocation is granted.Secondly, the Food and Drug Supervisory Agency is only following up on food products that violate the label, mostly in the form of warnings, so that it does not deter businesses from always violating the label, by not listing BPOM numbers and not registering their products with BPOM, thus BBPOM only provides a form of reprimand, and for products that have been sold by threatening the safety of consumers such as products that have expired, are given criminal sanctions listed in Article 62 paragraph 1 of Law No. 8 of 1999 concerning Consumer Protection.Keywords: Expiration, Food, Labe
Pelaksanaan Perjanjian Distributor Perusahaan Produsen Emas Di PT. Untung Bersama Sejahtera Surabaya Andrian Fertila; Hayatul Ismi; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The appointment of a gold distributor is carried out through a distributor agreementcarried out by PT. Untung Bersama Sejahtera which is a limited liability company domiciledin the State of Surabaya Province of Indonesia, which manufactures and holds Patents for agold jewelry product of all sizes, shapes, colors and brands. PT. Untung Bersama Sejahterathen appoints distribution companies as distributors who are also limited liability companiesor individuals domiciled in Indonesia.The formulation of the problem in this study is twofold, namely First, how is theimplementation of the distributor agreement of the gold producer company at PT. fortunatelytogether prosperous Surabaya? Second, how is the legal protection of distributors who makedistributor agreements with gold producer companies at PT. fortunately together prosperoussurabaya?The conclusion of this study is 2, namely, First, Implementation of the distributoragreement of the gold producer company at PT. Untung Bersama Sejahtera Surabaya is thefirst 2 forms, the implementation of a distributor agreement verbally, where the verbalagreement was given directly by PT Untung Bersama Sejahtera Surabaya represented byHRD PT Untung Bersama Sejahtera namely Mr. Chess to the party who wanted to beappointed as gold distributor, at In 2007 there were 4 people who entered into a distributoragreement. Second, the implementation of the distributor agreement in writing / under thehand, where the agreement under the hand is immediately given by the chess pack as HRD ofPT Untun Bersama Sejahtera Surabaya, there are 2 people who make the distributoragreement. Second, legal protection against distributors who make distributor agreementswith gold producer companies at PT. Untung Bersama Sejahtera Surabaya is the first,preventive legal protection, where legal protection is in the form of counseling orsocialization of regulations governing the appointment of distributors. Second, repressivelegal protection, namely legal protection by government or law enforcement, whereproducers should not direct the person appointed to be a distributor to the local trade serviceto register the appointment of a distributor given sanctions, because if not then the personappointed does not get legal protection . Suggestions from this research are First, the goldproducer company in this research should be PT Unutng. Together with Sejahrtera carry outthe distributor agreement in the form of an authentic deed agreement at the notary andregister the distributor appointed to the local trade service. Second, the government shouldbe more detailed in drafting regulations regarding the appointment of distributors inIndonesia.Keywords: Implementation-Agreement of Producer-Distributor Companies.
PENEGAKAN HUKUM TINDAK PIDANA PEMBUANGAN LIMBAH KAPAL BERDASARKAN UNDANG-UNDANG NOMOR 32 TAHUN 2009 TENTANG PERLIDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP DI WILAYAH HUKUM KEPOLISIAN RESOR SIAK Feri Feri; Zulfikar Jaya Kusuma; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

One of the environmental pollution is water pollution through rivers, and one of the factors is wastedisposal by ships on the Siak River. The level of pollution of the Siak River, is increasingly worrisome. TheSiak River has been proven to be polluted but the Environmental Criminal Law Enforcement on the SiakRiver has not run optimally. The police in terms of enforcement is still slow, because law enforcementofficers carry out their duties if there are reports from the media. Meanwhile in Indonesia there is anindependent supervisory institution whose function is to supervise and the institution is the Office of theEnvironment of Siak Regency and the Police of Siak Resort. The purpose of this thesis, namely First to findout the law enforcement of criminal acts of ship waste disposal in the jurisdiction of the Police of SiakResort. Secondly to find out the obstacles in law enforcement of criminal acts of ship waste in thejurisdiction of the Siak Resort Police. Third, to find out the efforts made to overcome the legal barriers tocriminal acts of vessel waste disposal in the jurisdiction of the Siak Resort Police.This type of research can be classified in the type of sociological research. The research locationsare the Siak Regency Environmental Office and the Siak Resort Police. The data sources used are primarydata and secondary data. Data collection techniques are interviews, questionnaires and literature review.After the data collected is then analyzed qualitatively by using the deductive method, namely drawingconclusions from things that are general to things that are specific.From the results of the study there are three main things that can be concluded. First, theenforcement of environmental criminal law by the Environmental Service (DLH) and the Siak Resort Policetowards perpetrators of environmental destruction and pollution is carried out in a pre-emtive, preventiveand repressive manner. The two problems faced by the TIPITER Unit of the Siak Resort Police are in theenforcement of environmental criminal law where internal and external constraints have been found. Thethree efforts made by the TIPITER Unit of the Siak Resort Police and the Siak Regency EnvironmentalAgency (DLH) are supposed to overcome obstacles both internally and externally.Keywords: Environmental Pollution - Law Enforcement - Siak River
TINJAUAN PERKAWINAN KEDUA TANPA PERCERAIAN (POLIANDRI) DALAM ADAT BATAK TOBA DI DESA LUBUK OGUNG KECAMATAN SEI KIJANG KABUPATEN PELALAWAN Ivan Ryian Ewaldo; Firdaus Firdaus; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Marriage is an inner and outer bond between a man and a woman as a husband and wife with the aim of forming a happy and eternal family or household based on the Almighty God. Polyandri marriage is a marriage where a wife has two husbands. This is prohibited in religious law and customary law, specifically the Toba Batak adat, but this polyandry marriage has taken place in Lubuk Ogong Village, Seikijang District, Pelalawan Regency. The purpose of this study was to determine the implementation of marriage and divorce in the legitimate Batak Toba customs and to find out the consequences of Christian religious and Batak Toba customs. This type of research can be classified as sociological, because in this study the author immediately conducted research on the location or place under study in order to provide a complete and clear picture of the problem under study. This research was conducted in Lubuk Ogong Village, Seikijang Subdistrict, Pelalawan Regency, while the population and samples were all parties related to the problems examined in this study, data sources used primary data, secondary data, and tertiary data, data collection techniques in research this is by interview and literature study. From the results of the study, two things can be concluded. First, the implementation of polyandry marriage without divorce in the traditional Toba Batak in Lubuk Ogong Village, Sei Kijang Subdistrict, Pelalawan Regency is illegitimate or can not be held the second marriage (polyandry) without any divorce first. Secondly, there is a Batak Toba adat sanction in the form of payment of compensation to the injured party twice as much and payment a divorce mark to the adat leader. First suggestions, the traditional institutions and traditional organizations provide learning and socialization about traditional marriages so that the next generation obeys and preserves. Second, indigenous peoples and traditional institutions uphold the customary law of the Toba Batak people because custom and culture are the identity of the Batak tribe Keywords: Polyandry-Divorce-Batak Toba’s Custom
PERLINDUNGAN HUKUM TERHADAP PEMILIK ATAU PELAKU USAHA WARNET JIKA TERJADI KERUSAKAN JARINGAN DARI PENYEDIA LAYANAN INTERNET YAKNI PT. TELKOM INDONESIA DONI ANDRIAN HSB; Maryati Bachtiar; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Internet cafes (warnet) as a form of business that can facilitate and as a place for people to connectto the internet to access and obtain all information needs, but as technology develops and changes in habitsamong people make warnet not only as a place or place to get information or just access the news, but it hasincreasingly developed into entertainment facilities with various types of entertainment such as games,music, film, fashion and others. Some people make playing / visiting an internet cafe as an inevitableroutine, habit, or activity. Internet cafe is a type of entrepreneur that rents internet services to the generalpublic, the use of internet cafe services usually starts from students, professionals, and foreign tourists.This study uses an empirical juridical approach that is an approach by looking in terms of therealities that occur in the field. While the population and sample are parties related to the problemsexamined in this study, the data sources used, primary data, secondary data, and tertiary data. Thetechnique of collecting data in this study was through interviews and literature review.From the results of the research that the authors did, it can be concluded, first legal protection forconsumers in the event of network damage that causes financial losses for some internet cafe owners is stillnot implemented, because the accountability given by Telkom only fixes the damaged equipment which is nota compensation or interpretation from compensation, based on the Consumer Protection Act and in severalArticles contained in Telkom's terms and conditions of service, also includes Articles stating providingcompensation and compensation for Service Level Guarantee that is not fulfilled or if there are differencesin the amount of the bill. The second effort made by PT. Telkom Indonesia to guarantee the rights of itsconsumers if network damage has not been carried out properly, as evidenced by the lack of fulfillment ofthe responsibilities or obligations of Telkom regarding the guarantee of its main services and appreciationto consumers when its main services suffer disruptions such as providing compensation or compensation.Keywords: Legal Protection - Internet Cafe Entrepreneurs - Network Damage.
Penyidikan Terhadap Pelaku Tindak Pidana Penggelapan Mobil Rental oleh Kepolisian Resor Kota Pekanbaru Selvy Yustunika; Dessy Artina; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Indonesia is a developing country, in a developing country the fulfillment of economic needs and motor vehicle facilities, especially cars, is very important for its people. With the higher needs, the higher the risk of crime. The crime of embezzlement of rental cars has happened a lot in people's lives. The embezzlement was carried out by the perpetrators to fulfill the necessities of life, with many car rental fraud embezzlement now it is necessary to consider quick action by the investigators regarding the background and mode of the fraud of the rental car embezzlement as well as how criminal liability against the embezzler of the rental car embezzlement that causes the occurrence of the acts embezzlement.The type of legal research used by the author is the type of sociological research, which is field research to see the effectiveness of law. According to Soejono Soekanto that in sociological legal research can see the correlation between law and society so that it can reveal the effectiveness of the law in society and identify unwritten laws that apply to the community. This research is based on descriptive research, which is a study that aims to describe the situation or phenomenon that occurs as clearly as possible. In this case what will be described is the rule of law, the crime of embezzlement of four-wheeled vehicles, obstacles encountered in the Pekanbaru City Police Department.The conclusion is that fraud is caused by economic factors that force a person to commit a crime. To get the defendant's money, he bought a car which the defendant pawned to get the amount of money the defendant used for his daily needs. After the elements of a criminal offense have been fulfilled, the perpetrators of these crimes must be sentenced. The embezzlement crime is regulated in article 372 of the Criminal Code which carries a maximum sentence of 4 years in prison.Keywords: Investigation – Embezzlement.
PENGATURAN PIDANA DENDA DALAM PENCAPAIAN KEADILAN BAGI ANAK YANG MENJADI KORBAN TINDAK PIDANA PENCABULAN Indah Permata Sukma; Erdianto Effendi; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Abstract

One criminal sanctions in felony obscenity against children is a criminal sanction fines. criminal fines imposed and then pulled by the Prosecutor General and submitted to the state. In this case the fine is not good for the victim because the victim did not get anything out of that has been levied by the state. In this case the penalty is only useful for the country but not beneficial to the offender and the victim. Based on the Law of the Republic of Indonesia Number 31 of 2014 on the Amendment of Act No. 13 of 2006 on the Protection of Witnesses and Victims in section 7A and 7B stated that crime victims can get restitution and compensation,This type of research will author is a normative legal research (legal research) or also called the research literature, the research done with normative juridical approach under study is library materials or secondary data, which consists of primary legal materials, secondary law, and tertiary legal materials. The type of research that I use is the study of the principles of law.The results of research by the author is the first, setting the penalty contained in Law No. 35 of 2014 concerning amendments to the Law No. 23 of 2002 on the protection of children. Secondly, i Ideally the setting criminal penalties for children who are victims of felony obscenity would be better that they directly or good for the child victims to remember children who are the future generation the ideals of the nation that destroyed his future by perpetrators of abuse.Keywords: child abuse, criminal fines, Justice
TINJAUAN YURIDIS PENGGUNAAN FRASA “ORANG LAIN ATAU SUATU KORPORASI” YANG MERUGIKAN SALAH SATU PIHAK BERDASARKAN PUTUSAN MK NOMOR 25/PUU-XIV/2016 TENTANG TINDAK PIDANA KORUPSI Bagaskara Dwi Wardhani; Zulfikar Jayakusuma; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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In Law Number 20 Year 2001 states that the phrase or other person or a corporation in Article 2 paragraph (1) and Article 3 of the Corruption Act, is very detrimental and / or potentially detrimental to the applicant, who in carrying out their duties and His authority in government positions in regional government, cannot avoid the act of issuing decisions, especially in terms of determining the implementation of government projects, certainly benefits others or a corporation. There is no individual or corporation that is willing to carry out what government project work if it does not bring profit to him, because they are entrepreneurs who work for profit. This research is limited to two problem formulations, First, How is the juridical analysis of the use of the phrase "another person or a corporation" that harms one party based on the decision of the Constitutional Court Number 25 / PUU-XIV / 2016 concerning Corruption Crimes ?, and Second, What are the legal consequences the application of the phrase "Another person or a corporation" in the Corruption case in Indonesia ?.This type of research can be classified in normative juridical research, because this research was conducted by examining secondary data and approaches to the law, this normative study examines the principles of legality principle. Source of data used are primary data, secondary data, tertiary data, data collection techniques in this study are normative juridical, the data used is literature study.From the results of the study it can be concluded, First, that the phrase "or another person or a corporation" in article 2 paragraph (1) and article 3 of the Corruption Crime Act contains ambiguous, vague and uncertain meanings, because it will encompass all intentional, unintentional or even acts that begin with good intentions. Second, that in court practice, there is no common understanding between law enforcers regarding the two articles. Not infrequently in a case, there is a difference between one law enforcement institution and another law enforcement institution. The author then gives a suggestion, First, That the phrase "or another person or a corporation" in article 2 paragraph (1) and article 3 should be deleted, revised or amended to emphasize a legislation so as not to cause multiple interpretations. Secondly, law enforcement officials must understand an act whether entering corruption criminal sanctions or administrative or civil tensions. What if there is an administrative error of the policy taken enough to do administrative improvements or administrative measures, not criminal.
TINJAUAN YURIDIS PIDANA MATI TERHADAP TINDAK PIDANA TERORISME PERSFEKTIF HAK ASASI MANUSIA Lestari, Fuji; Effendi, Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Criminal law is the norms that contain the necessities and prohibitions which the legislators formhave been associated with a sanction in the form of punishment, namely a special suffering. Criminal is asentence imposed on someone who is proven legally and convincingly commits a crime. In evidence ofteninterpreted as an effort to foster his personality in accordance with the values in society and culture. The deathpenalty is considered as a punishment that makes a deterrent effect for a crime. In Human Rights a set of rightsthat are inherent in the nature and existence of human beings as the supreme godhead and are a gift that mustbe respected, at the highest end and protected by the State, law and government, and every person for honorand protection of dignity human. Based on this understanding the writer of this thesis formulates twoformulations of the problem, namely: first, What are the views and perspectives of criminal law and humanrights in Indonesia on the implementation of capitalism perpetrators of terrorism, Second What is the basis forconsidering justifiers of criminal sanctions against terrorism.In the results of the problem research there are two main things that can be concluded. First, thecontradictory view of the application of the death penalty (abolitionist) in Indonesia. Meanwhile, the view thatis pro-retentionist assumes that capital punishment must still be maintained and applied only to extraordinarycrime such as terrorism, to applied by this group considers that the death penalty will provide a deterrenteffect, so that it will prevent the recurrence of similar crimes by other people. See again from the view ofhuman rights. The two basic considerations for justifying the death of law for terrorism are three, in terms ofsociological, ideological, philosophical juridical.Keywords: Crime, Views of Death Penalty, Terrorism, Human Rights
Kajian Yuridis Batas Waktu Tinggal Pengungsi Di Negara Transit Berdasarkan Hukum Pengungsi Internasional Pangestu, Devin Catur; Jayakusuma, Zulfikar; Putri, Adi Tiara
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Migration has a long history that concists of many motives. Migration flow phenomenon are gettingworse by political conflicts in some of the Asian and African countries. The migrant often to be called asrefugees. The migration process that has been done are not obedient according to migration acts or theillegal migration could cause threat towards sovereignity, security, social life, and economy even it couldcause threat towards a nation’s ideology. From this problems background, there are issues which are first,how is the International Refugee Law regulate the living duration standards in the transit state? Secondly,how is the application of the regulation minding the living duration standards for refugees in the transitstate? The purposeof this thesis is to acknowledge the living duration standards according to InternasionalRefugee Law and to understand the living duration standards in transit state.The research conducted can be classified as legal-normative methode. This research is specified on theapplication of non-refoulement pricipal also the law systematic towards convention and regional regulation.Concluded from this research, first, the regulation related to living duration standards for refugees inthe International law is yet not confirmed in Geneva Convention 1951. Although, regional regulation.Secondly, the application of living duration standards in the transit states are having few problems,commonly caused by the unregulated issues related to living duration standard. Refugees are considered asillegal immigrants, and that is why they were located in certain place and they could not get their way out(detention).Keywords: Refugees-Transit State-Living Duration Standards

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