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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Articles 2,579 Documents
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PELAKSANAAN PERKAWINAN SESUKU MASYARAKAT SUKU MELAYU BERDASARKAN HUKUM ADAT DI NAGARI PADANG SIBUSUK KECAMATAN KUPITAN KABUPATEN SIJUNJUNG Annisa Desria Utami; Firdaus Firdaus; Hayatul Ismi
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

Minangkabau adheres to the matrilineal kinship system. Matrilineal kinship system is a kinship systemby drawing lineages based on maternal lines. Every offspring born from a marriage will enter his mother’sfamily. A marriage in minangkabau has a broad meaning. It is not just a meeting two peoples but morebroadly because it involves families of both parties. The marriage of the minangkabau community is exogamy.Exogamy which is done outside the tribe. It means that a person who wants to get married must find a partneroutside her/his tribe. The peoples who are married with some tribe called “tamakan pokok”. Minagkabaumarriage is regulated in a religious and customary manner.Some problem that will be discussed in this thesis namely: First, how to carry out the inter-teribalmarriage to melayu tribe community of Nagari Padang Sibusuk Kupitan Sub-District, Sijunjung Regency.Second, is the application of a marriage ban on intertribal marriage still maintained bt melayu tribecommunity of Nagari Padang Sibusuk, Kupitan Sub-District, Sijunjung Regency.the type of research is usesociological research, the form of the research is a law identification (unwritten law).The result of study can be concluded namely: First, the implementation of marriage between followmembers of the melayu tribe can occur as long as they come from different rumah gadang. Second, theprohibition on inter-tribal still runs in Nagari Padang Sibusuk, but in Melayu tribes it is possible to domarriage with fellow melayu tribes as long as they come from different rumah gadang. Of course, it will havean impact on the traditional order and the community life.Keywords : Marriage - Customary Law - Minangkabau
PENEGAKAN HUKUM TERHADAP PELAKU PENGGADAIAN MOBIL SEBAGAI OBJEK JAMINAN FIDUSIA DI WILAYAH HUKUM POLRESTA PEKANBARU Zainal Abidin; Zulfikar Jaya Kusuma; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Car Mortgage as an Object of Fiduciary Guarantee is a fight that occurs in the community, because the increasing needs of the community are not comparable to the economic need to buy contingents related to goods, such as cars. How do you raise questions about how to create existing fiction? Mortgage car as an object of fiduciary security in the background by economic factors or personal needs that are not fulfilled so as to make the deviant relationship. Car pawning events as objects Fiduciary collateral does not happen a little to get a big profit and harm many others. However, until now the law enforcement of the sentence of car lifts as an object of fiduciary guarantee each year shows an increase in numbers. This type of research is sociological legal research, because in this study the author immediately conducts research at a location or place that is researched to provide complete bases and explains about the Pekanbaru City Police, as well as research and research related to research related to the problems discussed in the research this, the data sources used, primary data, secondary data and tertiary data, data collection techniques, in this study with interviews and literature studies. From the results of the research problem two main things that can be concluded. first, law enforcement on the protection of car pawning as an object of fiduciary collateral in the jurisdiction of Pekanbaru Police. The two challenges encountered in law enforcement against the pawning of cars as objects of fiduciary collateral by the Pekanbaru City Police Resort are various internal factors and external factors. Advice from the author, first, Seharausnya, law enforcement, law enforcement, prevention, participation Increased intensity by making a special team in following up that is not corporative. the police must be more active in terms of law enforcement, not only asking the creditors to enforce the law. The authorities should ask for greater coverage to reveal who gave the false identities contained in the report. The responsible party can reveal its identity can be revealed and cannot be released by inhaling fresh ingredients.Keywords: Law Enforcement-Against Carriers as Carriers of Fiduciary Assurance
PERLINDUNGAN KONSUMEN DALAM PELAYANAN AIR MINUM PDAM TIRTA INDRAGIRI HILIR DI KABUPATEN INDRAGIRI HILIR Ibnu Hajar; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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This study discusses about consumer protection in drinking water services of PDAM Tirta Indragiri Hilir in Indragiri Hilir Regency, consumer protection is all efforts that ensure legal certainty to provide protection to consumers. As an institution that provides public services and also at the same time aims to obtain profits, the Regional Drinking Water Company is required to be able to provide the best service for its customers, by providing customer rights as regulated in Law Number 8 of 1999 concerning Consumer Protection. The PDAM must always improve its services by taking steps both internally and externally to provide legal protection for its customers. The purpose of writing this skipsi is, first, to find out the implementation of the responsibility for the service of PDAM Tirta Indragiri Hilir to the community in Indragiri Hilir Regency, secondly to know the PDAM responsibility towards customers who are disadvantaged by water services by PDAM Tirta Indragiri Hilir. The type of legal research used by the author is a type of sociological legal research that is research that wants to see the correlation between law and society, so as to reveal the effectiveness of the validity of law in society. This research was conducted at the Regional Water Company of Tirta Indragiri Hilir, Indragiri Hilir Regency. Sociological legal research uses primary data and secondary data, while the population and samples are parties related to the problem under study, namely the PDAM Tirta Indragiri Hilir and the community as consumers of PDAM Tirta Indragiri Hilir. The technique of collecting data in this study was library research, interviews and questionnaires. From the results of this study the author concludes that the responsibility of the businessman of PDAM Tirta Indragiri Hilir in providing clean water needs in Indragiri Hilir Regency has not been carried out optimally, the availability and needs of water in Indragiri Hilir Regency are still difficult to do, the form of responsibility carried out by the Actor The business of PDAM Tirta Indragiri Hilir which has caused losses to the community is by installing Pam Plow Meter and Browsing, installing the Water Meter (WM) for the parent and will replace Nseveral subscription Water Meter connections, will cooperate with PT. Setia Mandala Surabaya for water treatment and with PT. Nafarij Jakarta and PT. POS Indonesia (Persero) Tembilhan Post Office to improve the quality of technology- based performance. Keywords: Consumer Protection - Regional Water Company Tirta Indragiri Hilir - Consumer
Perlindungan Hukum Terhadap Anak yang Menjadi Korban Tindak Pidana Penganiayaan Dalam Rumah Tangga di Wilayah Hukum Kepolisian Resor Kota Pekanbaru Berdasarkan Undang-Undang Nomor 23 Tahun 2004 tentang Penghapusan Kekerasan Dalam Rumah Tangga TM Wawan Perdani; Dessy Artina; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Children are the next generation and successors to the development struggle as well as themandate and the gift of God Almighty, which we must always guard because in them the dignity, dignity andrights as human beings must be upheld. Legal protection for children is an effort and activity of all levels ofsociety in various positions and roles, who realize the importance of children for the nation and the nationin the future. If they are mature in their physical and mental and social growth, then they will replace theprevious generation.This research can be classified in the type of sociological legal research (empirical), which ismeant by sociological legal research (empirical) that is as a study that looks directly at the effect of theenactment of positive law on people's lives, because in this study the authors directly conduct research onlocation or place researched to provide a complete and clear description of the problem under study.Whereas viewed from the nature of the research reneline is descriptive, that is research that provides a clearand also detailed description of the problems examined by the author, namely Legal Protection AgainstChildren Who Become Victims of Torture in the Household in Pekanbaru Police Law Based on the LawNumber 23 of 2004 concerning the Elimination of Domestic Violence.From the results of the research the authors concluded, First, Protection of children in the LegalArea of the Pekanbaru City Police Resort is still not in line with expectations, because there are still manychildren who get violence and discrimination and violated children's rights while the protection that thegovernment should not provide well realized, secondly, the factors that cause obstruction of legal protectionfor children, are almost the same as law enforcement factors, which include the law, that in Law No. 23 of2004 not discussed in detail about how supervision of parents who commits a criminal act of abuse againsta child. law enforcers, that they did not regard the case as a criminal case, there was no further processregarding the perpetrators who escaped, the absence of a post mortem so there was a lack of evidence toprocess, and a lack of reports.Keywords: Legal Protection - Against Children - Victims of Torture in the Household.
Penerapan Asas In Dubio Pro Reo Terhadap Pertimbangan Hakim Dalam Putusan Nomor: 423/PID.SUS/2015/PN.DUM Tentang Perkara Perambahan Hutan Poltak H Situmorang; Evi Deliana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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A reglation or law is just a device. Law in principle must be upheld to achieve justice. Judges as the last estuary of judiciary may not only be as mouthpieces or implementers of the law alone, but judges are required to be able to make legal discoveries so that a sense of justice in society can be achieved. As in the case of the forest encroachment by the defendant Ashari, the judge is expected to be able to make legal discovery and bring justice in his decision. Based on this understanding the authors formulated three problem formulations. First, what is the basis for the judge’s judgment in issuing decisions in the case of forest encroachment. Second, how judge’s should consider in deciding cases of forest encroachment in the event of a change of law. Third, how is the application of the principle in dubio pro reo by the judge in decision Number:423/PID.SUS/PN.DUM conerning the case of forest exploitation.The type of research or problem approach that will be used in this research is normative juridical. In this normative research, law is conceptualized as what is written in the legislation (law in books) or law is conceptualized as a rule or norm which is a benchmark of human behavior that is considered appropriate.The result of this study it can be seen that the legal consideratios by the judge determine what will be the decision of the defendant. Judges is passing verdicts cant merely consider what is contained in the laws and regulatios and facts at the hearing, but also pay attentions to any values and norms that exist and live in society. This justice is not only what is felt by the people but also justice for the environment (ecological justice). When examining the case of the existing laws and regulations its not completely perfect so that it can answer every legal problem that ccurs in the communty. Because basically legislation is only one stage in the process of legal formation. So for that, the judge needs to make the next stage of legal formation through the creation or this covery of the law to answer any existing legal flaws. In passing the verdict, the judges often have doubts about aplayingthe law to the defendant, in this case the judge must decide the things that are most beneficial for accused or are called the principle in dubio pro reo. In addition, the panel of judges can apply the principle in dubio pro natura. In addition to ensuring the fulfillment of human rights for everyone who is presented before a trial, also must pay attention to aspects of environmental protection.Keywords: Judge Consideration-Decision-Legal Discovery-Principle In Dubio Pro Reo-Principle In Dubio Pro Natura
EFEKTIFITAS PENERAPAN E-TILANG TERHADAP PELAKU PELANGGARAN LALU LINTAS KENDARAAN BERMOTOR RODA DUA DI WILAYAH HUKUM RESOR KOTA PEKANBARU ADE Inda Yani; Erdianto Effendi; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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The level of public awareness is low in traffic discipline and due to the many problems in traffic, thegovernment rules are established Law No. 22 of 2009 concerning Road Traffic and Transportation. inreality the settlement of traffic cases is carried out by way of out of court or peace in a place contrary to theexisting rules of positive law. This background makes the police establish E-Tilang regulations based onarticle 272 of Law No. 22 of 2009 concerning Road Traffic and Transportation, and PERMA No. 12 of 2016concerning Procedures for Settling Traffic Violations and Law No11 of 2008 concerning Info and ElectronicTransactions. But in reality there is still illegal collection in terms of resolving traffic violation cases eventhough there are laws that regulate them. The purpose of this study is; first to find out the Factors that causethe occurrence of extortion in the settlement of traffic violation cases, both the extent of the effectiveness ofthe E-ticket in suppressing the rate of violation of two-wheeled motor vehicles in the legal area ofPekanbaru .This type of research can be classified in the type of sociological research, because in this studyimmediately conducted research on the people of Pekanbaru City and Pekanbaru Police. While thepopulation and sample are all parties related to the problem under study. In this study the data sourcesused, primary data, secondary data and tertiary data. Data collection techniques in this study were byobservation, interview, questionnaire and literature study.From the results of the research problem there are two points that can be concluded. First Thecausal factor is why there are still illegal levies in the settlement of violations of two-wheeled motor vehiclesthat Law No. 22 of 2009 concerning Road Traffic and Transportation Law No. 22 of 2009 concerning RoadTraffic and Transportation, and PERMA No. 12 of 2016 concerning Procedures for Settling TrafficViolations and Law No. 11 of 2008 concerning Information and Electronic Transactions. Not carried outproperly. Second, the effectiveness of the application of E-Tilang in reducing the level of traffic violations oftwo-wheeled motorized vehicles in the jurisdiction of the city of Pekanbaru has not been effective, it can beseen from the results of data that traffic violations are increasing. The suggestion of the author, first, is thatthe supervisor of the police is expected to pay more attention to the things that occur in the field and find outwhat are the factors that still occur in extortion. Hopes also for the community to be more disciplined intraffic and create a culture of legal order and it is expected that there are strict sanctions to the trafficpolice who still carry out illegal levies in resolving cases of traffic violations.Keywords: traffic violations – effectiveness- illegal levies
Perlindungan Hukum Pelaku Usaha Atas Penggunaan Economic Evidence Sebagai Alat Bukti Petunjuk Dalam Hukum Persaingan Usaha di Indonesia Melkisedek Vajar Silaban; Hayatul Ismi; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Differences in perspective on the position of economic evidence as evidence in business competition law in Indonesia at the level of the Business Competition Supervisory Commission, District Court, to the Supreme Court occur or are caused by no conformity of regulations related to the use of evidence in Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Business Competition resulting in frequent KPPU decisions being canceled. The study entitled "Legal Protection of Business Actors over the Use of Economic Evidence as Proof of Guidance in Business Competition Law in Indonesia", has the problem formulation of how the position of economic evidence as evidence evidence of instructions in resolving business competition disputes in Indonesia and how is the legal protection of business actors for the use economic evidence as evidence of instructions in business competition law.The purpose of this thesis is: first, to find out the position of economic evidence as evidence evidence in the resolution of business competition disputes in Indonesia. Second, to find out the legal protection of business actors for the use of economic evidence as evidence evidence in business competition law in Indonesia. This type of research is normative legal research or can also be called doctrinal legal research. In this normative study the researcher conducts research on the principles of law. This research is a descriptive analysis which describes and analyzes the problems raised that aim to describe concretely about the legal protection of business actors for the use of economic evidence as evidence evidence in business competition law in Indonesia.From the results of the research there are two main issues that are concluded, first, in terms of the position of economic evidence as evidence evidence for its use does not yet have a clear and firm regulation in the Act. Number 5 of 1999 concerning the prohibition of monopolistic practices and unfair business competition Secondly, in terms of providing legal protection for business actors in order to provide legal certainty it is necessary to make a revision related to the regulation regarding the handling of business competition cases at the KPPU level, the District Court, to the Supreme Court to prevent dualism law. And regarding the concept of proving indirect evidence in resolving business competition disputes needs to be regulated firmly and clearly in Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition so that it can become a reference for KPPU, District Courts, and Supreme Court institutions in handling business competition casesKey words: Legal Protection – Economic Evidence – Competition Law
PELAKSANAAN KONTRAK KERJA PEMBANGUNAN RUMAH PADA PT. RIAU KARYA MANDIRI DI PEKANBARU Theola Ramadhani; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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PT. Riau Karya Mandiri is a company engaged in property, especially housing, in the construction of houses the developer entered into an agreement with laborers, contractors, and foremen, where the employment clause is contained in a written agreement or employment contract. The purpose of this thesis is; First, to find out the implementation of a work contract between the developer of PT. Riau Karya Mandiri with the construction foreman carried out in the Prima Raya Lestari housing complex; Second, to find out what factors caused the default construction foreman in implementing the work contract for the construction of houses with the developer; Third, to find out the settlement of the defaults carried out by the foreman against the developer related to the implementation of the housing construction agreement in Prima Raya Lestari housing.This type of research is classified in the type of research Sociological law, namely research on the effectiveness of the law that is currently in effect, the nature of this research is descriptive, that is to describe systematically, the facts and characteristics of the object under study appropriately. The study was conducted in one of the housing estates of PT. Riau Karya Mandiri is Prima Raya Lestari housing, while the population and sample used are directors and developers of PT. Riau Karya Mandiri and the construction foreman related to the work contract for housing construction. Source of data used are primary data and secondary data, data collection techniques used are interviews.According to the results of the research problem there are 3 main things that can be concluded namely first, the implementation of the employment contract agreement at PT. Riau Karya Mandiri in Prima Raya Lestari housing which has not run according to the agreement clauses. Second, the main factors causing the default of the construction foreman in the implementation of the agreement are because of the absence of the foreman, replacement of the foreman and ineffectiveness of the work of the foreman and members in building houses. Third, the settlement of defaults carried out by the foreman against the developer that is resolved through mediation by the elect or trust of the parties with the results of mediation; The developer adds to the work of the foreman with new house construction work so that the wages of the foreman remain given and work on the previous house continues to run. Keywords: Employment Agreement, Developer, Construction Foreman
PELAKSANAAN MEDIASI DALAM PENYELESAIAN PERSELISIHAN PEMUTUSAN HUBUNGAN KERJA DI DINAS SOSIAL TENAGA KERJA DAN TRANSMIGRASI ROKAN HULU Aidil Rahmat Fauzan; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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The process of resolving disputes through mediation is emphasized in the deliberations oragreements of the parties, so that there is no element of coercion between the parties and mediators, theparties request voluntarily to the mediator to help resolve the conflict. Therefore, a mediator domiciledhelps the parties to reach an agreement that can only be decided by the parties to the dispute. The mediatoris an employee of a government agency responsible for the field of labor who fulfills the requirements as amediator determined by the Minister to carry out mediation and has the obligation to provide written adviceto the disputing parties to resolve rights disputes, interest disputes, termination of disputes, and disputesbetween trade unions / labor unions in only one company.From the results of the research that the authors did, it can be concluded that the stages ofmediation at the Office of Social Services, Manpower and Transmigration in Rokan Hulu Regency were inthe stage of recording disputes, determining mediators to handle cases and research case files inaccordance with procedures stipulated by Law Number 2 of 2004 regarding Industrial Relations Disputes,but in the next stage, the calling of the parties is not in accordance with the provisions of the Law, namelymediators calling parties only through telephone calls which should be regulated by the parties sent aninvitation letter to attend the mediation session. Second, efforts that can be made to resolve industrialrelations disputes in the Social Service, Manpower and Transmigration Office of Rokan Hulu Regency canbe efficient and effective by increasing the trust of the parties to the mediator, increasing the number ofmediators and increasing the mediator's abilities and expertise, and making space a special session formediation that is clean and adequate.Keywords: Mediation - Disputes - Termination of Employment.
PENYELESAIAN PERKARA TINDAK PIDANA PENCURIAN BUAH KOPI BERDASARKAN HUKUM ADAT BATAK KARO DI KECAMATAN BERASTAGI KABUPATEN KARO Andika Bukit; Dessy Artina; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Petty theft or theft of small value that is now being tried in court is enough to attract the attention of the public. The general public considers that it is very unfair. For resolution, the community recognizes the enactment of the law nationally and also grows and develops a legal system that is based on habits that exist within the community. One area that still applies customary law as a rule that is obeyed by the community is the Karo Batak Custom. The purpose of writing this thesis, namely: First, to find out the settlement of cases of theft of coffee fruit Karo Batak customary law in the District of Berastagi Karo Regency. Second, to find out the obstacles in the implementation of the case of the theft of coffee fruit legally in the Batak Karo customary law in Berastagi District, Karo District. Third, to find out the legal consequences in the settlement of coffee theft cases legally in the Batak Karo adat law in Berastagi District, Karo District.This type of research can be classified as a type of sociological legal research, because in this study the author directly conducts research at the location or places under study to provide a complete and clear picture of the problem under study. This research was carried out in the Singa Village, Berastagi District, Karo District, while the population and sample were all sections related to this research, the data sources used were primary data, secondary data, and tertiary data, data collection techniques, namely interviews and studies literature.From the results of the research and discussion it can be concluded that, First, the process of settling cases of the theft of coffee fruit based on the customary law of the Batak Karo in Gurusinga Village consensus. Secondly, Barriers and efforts in resolving legal problems in the Batak Karo traditional law Lack of attention from the Regional Government and the many social influences or modernization. Third, the consequences of traditional law given in the settlement of cases of the theft of coffee fruit based on the Batak Karo customary law in Gurusinga Village, Berastagi District, Karo District, traditional legal responsibility by Rakut Sitelu / Daliken Sitelu as law enforcers and decided by Pengulu Kesain / Raja Urung with the put forward Runggu in Karo language (deliberation).Keywords: Settlement-Theft-Customary Law

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