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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
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PENERAPAN TANGGUNG JAWAB PELAKU USAHA PENJUAL MAKANAN KEMASAN YANG TELAH DALUARSA TERHADAP KONSUMEN DI KOTA PEKANBARU Reski Hidayat; Firdaus Firdaus; 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

Packaged food is often a tool for business crime, for example, selling expired packaged food that contains ingredients that are harmful to health, packaged food is neatly packaged, clean and has an expiration date for sale within an estimated timeframe. One form of business crime committed by some irresponsible entrepreneurs is to produce, distribute, and offer products that are harmful to human health (consumers). The act of the businessmen only concerned with profits without paying attention to the consequences for these consumers have claimed many victims. Global competition that occurs makes producers justify any means to reap profits. As a result, various methods are used to trick consumers.The problem that the author makes the basis of this research is what is the form of legal protection for consumers of food in expired packaging and how is the responsibility of business actors in the event of a dispute between consumers and business actors for food in expired packaging. The purpose of this research is to find out the legal protection for consumers of expired packaged food and to find out the solution if consumers' rights are not fulfilled by business actors and as input for all parties related to the problem being examined. This type of research can be classified into empirical or sociological research types, because in this study the author directly conducts 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 at the Pekanbaru City Food and Drug Supervisory Agency, the data sources used were primary and secondary data, data collection techniques in this study with questionnaires, interviews and literature review. The results of this study are first. legal protection for consumers has been protected by Law No. 8 of 1999 concerning Consumer Protection, producers often neglect consumer protection, in maintaining legal protection for consumers the government also participates in maintaining legal protection for consumers by providing administrative sanctions and providing fines to business actors who do not carry out their obligations to protect consumers, secondly, in the case of business actors' responsibility towards consumer protection in Article 7 of Law Number 8 of 1999 concerning Consumer Protection, namely by making compensation to consumers who have lost product sold by these business actors, besides that the government also contributes in terms of providing responsibility for consumer protection by supervising business actors who ignore consumer protection.Keywords: Consumers, Packaged Foods, Expiration
PEMENUHAN HAK TERHADAP PENYANDANG DISABILITASPENGGUNA JASA ANGKUTAN LAUT PT. ANGKUTAN SUNGAI DANAU DAN PENYEBERANGAN (ASDP) INDONESIA FERRY (STUDI KASUSKAPAL RORO DUMAI - RUPAT) Rahmat Sandani; 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

Business actors in providing public services in the field of transportation services must implementand comply with the provisions contained in the Law and other regulations. Then the Dumai-Rupat branchRORO ship in its service has the responsibility for the obligation to guarantee the rights of consumers usingthe Dumai-Rupat branch RORO transportation service. Considering that consumers with disabilities are avulnerable group of people, protection must be given that is more relevant to its specificity, namely LawNumber 8 of 2016 concerning Persons with Disabilities. In the implementation it refers to Law Number 8 of1999 concerning Consumer Protection. But in fact there has been a social inequality towards consumers withdisabilities. Where the Dumai-Rupat branch of the RORO ship does not provide special facilities and facilitiesfor Disabled Persons as stated in Article 2 Paragraph (1) of the Republic of Indonesia Minister ofTransportation Regulation Number PM 98 of 2017 Challenging the Provision of Accessibility in PublicTransportation Services for Service Users with Needs Especially "Organizers of public transportationservices must carry out services for users of special needs services". The problem and purpose to be discussedin this thesis is to find out the form of fulfillment of rights for persons with disabilities as people who use theservices of the Dumai-Rupat RORO vessel.This type of research is sociological, because in this study the author immediately conductedresearch on the location or place under study to provide a complete and clear picture of the problem understudy. This research was conducted at the Riau Province Transportation Agency, PT. ASDP Indonesia FerryDumai-Rupat branch and Dumai-Rupat branch RORO ship. While the population and sample are all partiesrelated to the problems examined in this study, the data sources used, primary data, secondary data andtertiary data, data collection techniques in this study with interviews, questionnaires and literature studies.The results of the study can be concluded that the Department of Transportation of Riau Provinceand PT. ASDP Indonesia Ferry as the manager of the Dumai-Rupat branch of the RORO vessel has not fullyimplemented the consumer rights of persons with disabilities. Special facilities intended for DisabilitySuppressors are not yet available at the port and inside the Dumai-Rupat RORO vessel. With theunavailability of these facilities, consumers with disabilities feel that their rights as consumers are not met bythe Dumai-Rupat branch of the RORO Ship. Suggestions for the Riau Provincial Transportation Agency andPT. ASDP Indonesia Ferry, a branch of Dumai-Rupat in order to be able to better enjoy the rights of personswith disabilities by improving the service and supervision of the Rupai Rupai RORO ship. So that there are norights from consumers with disabilities who are harmed.Keywords: Fulfillment of Rights - Disabled Persons - Service Users - Dumai-Rupat RORO Shi
GAGASAN KEBIJAKAN HUKUM PIDANA TERHADAP KRIMINALISASI HUBUNGAN SEKSUAL SEJENIS DI INDONESIA Salsa Annisya Anggraini; Zulfikar Jayakusuma; Ferawati Ferawati
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

The Criminal Code Drafting Team made an effort to renew the offense of similar sexual relations , namely regarding obscene perpetrators who are of the same age as other people of the same sex who are known to be not old enough as stipulated in positive law in the 2017 Penal Code Draft Article 495 Paragraph (1) includes namely providing age limit, and an increase in criminal sanctions, which were originally sentenced to five years imprisonment in Article 292 of the Criminal Code to a maximum of 9 years. In addition to giving rise to pros and cons, this is exacerbated by the protracted discussion of the RKUHP, which has not yet been approved, since 1963 until the idea of criminal law policy arises in the criminalization of similar relations in article 292 of the Criminal Code for conducted a judicial review by the Court Constitution but precisely rejected the lawsuit on the grounds that as tested by the applicant is not the authority of Court Constitution as negative legislato r . The impact of these types of sexual acts can damage the moral values and religious rallies that exist in Indonesian society based on almighty divinity, so that these actions will gradually become legalized because there are no legal rules in positive Indonesian law and be a threat to national identity, meanwhile there are a number of countries which can regulate criminal sanctions against similar sexual relations , such as Malaysia and Nigeria. The purpose of writing this thesis, namely; First, to find out the urgency of criminal law policies in the criminalization of similar sexual relations in Indonesia . Second, to find out the criminal law policy towards similar sexual relations in Indonesia .This type of research used in this legal research is the normative juridical method , this research is descriptive, which is a study that aims to make a clear and detailed description of the problem . Data sources used secondary data and tertiary legal materials . Techniques of collecting data in this study with the methods of literature study after the data is collected and analyzed to be drawn kesimpulan.Dari results of research and discussion can be concluded that the U rgensi criminal law policy in criminalizing same-sex relations in Indonesia , because it has a lot of unrest in the community reap Indonesia, uphold eastern customs .. Keywords: Legal Policy - Criminalization - Similar Sexual Relations
KAJIAN TENTANG HAK KESEHATAN PEKERJA PERKEBUNAN SAWIT PADA KOPERASI PESANTREN DARUSSALAM DESA SARAN KABUN KABUPATEN ROKAN HULU Habibur Rahman; 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

Labor is one of the important factors in national development, because it requires efforts to foster,direct, facilitate, and protect workers to create welfare related to what they do. This protection is alsorelated to the risk of workplace accidents that often occur. This protection also occurred in severalcompanies, one of them was the Pesantren Darussalam Cooperative in Saran Kabun Village, Rokan HuluRegency. In practice the rights of workers in the health sector are not carried out or the difficulty is to getan insurance claim. This study discusses the implementation of health rights for workers and what are theobstacles faced in implementing the rights of workers in the Pesantren Darussalam Cooperative.The type of research used is sociological legal research, which is a study that directly descendslocation located in the Pesantren Darussalam Cooperative in Rokan Hulu Regency with a qualitativemethod, where data collection is done by questionnaires and direct interviews to the field so as to be able toexplore information about the implementation of health rights the employees.The results obtained from this study state that the implementation of the health rights of thePesantren Darussalam Cooperative workers has not fully run properly due to the lack of guarantees ofhealth rights and other rights for workers so that the rights of the Pesantren Darussalam Cooperativeworkers are not implementedKeywords: Labor, Cooperatives, Health, protection.
Disparitas Putusan Hakim Terhadap Denda Tindak Pidana Korupsi Di Pengadilan Tindak Pidana Korupsi Pada Pengadilan Negeri Pekanbaru Debora Aprissa Hutagaol; Mexsasai Indra; Mukhlis R
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

The scale of corruption continues to increase, corrupt behavior has become entrenched and institutionalized. The three sectors most vulnerable to corruption are political parties, police and courts. The country suffered trillions of rupiah in losses due to this crime. While the cases handled were quite a lot, but still not able to recover state losses. The main cause is due to the comparison of the amount of fines that must be paid by the convicted person with the amount of state losses very far. So that the same demand for fines is currently not a solution for returning state losses. This is what causes the difficulty in dealing with corruption. With the current corruption law, which does not provide strict and narrow boundaries and standards, so the possibility is wide open for judges to use their discretion widely in determining the amount of fines in decisions that automatically cause disparities (differences) in decisions for similar cases, considering the large number of judges of corruption in Indonesia. Disparity in decisions often gives rise to diverse interpretations in people's lives and to the meaning of justice.The purpose of this thesis, namely: First, to find out the reason for the disparity in the fine of corruption in the Corruption Court at the Pekanbaru District Court, Secondly, to find out the ideal idea of the fine regulation of corruption to prevent disparity in decisions.This type of research is normative juridical research or can be referred to as doctrinal legal research. The technique of collecting data in this study is library research. From the results of the problem research there are two main things that are concluded, First, the reason for the disparity in the fine of corruption is the law on corruption or in court practice that currently does not have a narrow or clear benchmark or guideline (maximum limit) and the minimum is not far away), and comes from the judge (mindset and discretion) both internally and externally in making a decision (fine), Second, the ideal idea of the regulation of fine for corruption to prevent disparity in decisions is to reform the act law old corruption cases where the new one lists the amount of fines that must be decided by the judge in accordance with the amount of state losses due to the criminal acts of corruption committed.Keywords: Disparity of Judgment - Fines - Corruption Crimes
PELAKSANAAN PEMBERIAN HARTA PENCAHARIAN KEPADA ANAK KEMENAKAN MENURUT HUKUM ADAT SUKU PALIANG DI DESA PASAR BARU KECAMATAN PANGEAN Merigo, Tri Ipo; Jayakusuma, Zulfikar; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

The existence of customary law in the community is a reflection of the life of the community and in each region has a different customary law in accordance with the customs that exist in the area with characteristics not written or codified. Likewise the customs in Pangean, have special characteristics and are different from customs in other Regions. The difference is in the distribution of inheritance which often triggers conflict in the family, especially on the name of the nephew in the list of beneficiaries inherited from the parents' livelihood. Therefore, the formulation of the problem of this thesis writing is: First, how is the distribution of livelihood assets to nephew children according to the customary law of the Paliang tribe in Pasar Baru Village, Pangean District? Second, how is the protection of children's inheritance rights over the distribution of livelihood to nephew children in the Paliang tribe in Pasar Baru Village, Pangean District?This type of research can be classified as empirical or sociological legal research, because in this study the writer directly conducts 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 Pasar Baru Village, Pangean District. Sources of data used, namely: primary data, secondary data and tertiary data. Data collection techniques in this study were interviews and literature review.The conclusions from the results of the study, first, the Law of Islamic Inheritance in perfect quality already applies in the Paliang tribe but in terms of quantity has not been evenly distributed across all Muslims. The parties who receive the inheritance in the Paliang indigenous tribe are biological children, wives and nephews. The method of ownership of inheritance in the Paliang tribal tribe is determined by the ulema of the ulama and customary stakeholders. Second, the protection of children's inheritance rights over the distribution of livelihoods is not realized and achieved. Because the Paliang tribe mentioned referring to Islamic law if it was not in accordance with Islamic law, it was not customary, but in Pasar Baru Village, ruled out Islamic law, so that the inheritance rights of children towards the distribution of livelihoods were simply ignored. This means that the division of livelihoods in the Paliang tribe is not in accordance with applicable regulations, and of course a prolonged conflict will occur. In addition, the customary provisions, namely as a child, get a 2/3 portion of all inheritance assets and the nephew gets a 1/3 portion of the total inheritance causing no legal protection of the inheritance rights of children. The author's suggestion is that it is expected that the ulama and traditional leaders can realize the function and existence of each so that the community can truly understand the Islamic knowledge contained in the distribution of inheritance to the treasure of search in the Paliang Tribe and can be practiced in daily life by the community.Keywords: Distribution of Livelihoods - Paliang Tribe - Pasar Baru Village, Pangean District
PERLINDUNGAN HUKUM BAGI LEANDER YANG MENGALAMI KREDIT MACET PADA LEMBAGA PEMBIAYAAN ONLINE/ELEKTRONIK DIKAITKAN DENGAN PRINSIP KEHATI-HATIAN Melati, Fahra Agustina; Bachtiar, Maryati; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

The geogarfic location of Indonesia which is an archipelago. Community outreach to banking services is difficult because banking itself is uneven. Banking services are only piled up in the city center, lacking in touch with people in remote areas. This has led to disparities in welfare in Indonesia due to uneven national economic development. Financing Institutions as another alternative financing, so that more flexible and moderate funding institutions are created from banks, which in certain cases the risk level is even higher, such as coin cooperatives with peer to peer lending models. The service provider is only a party that brings the leander and borrower together. Based on the Financial Services Authority Regulation No. 77 / POJK.01 / 2016 concerning Information Technology Lending and Borrowing Services and Financial Services Authority Regulation Number 13 / POJK.02 / 2018 concerning Digital Financial Innovation in the Financial Services Sector.This research is a research that uses a normative juridical approach, namely research that is focused on examining the application of legal norms or norms in positive law and with the type of library research (Library Research).The conclusion from the writing of this thesis is that the user in this case specifically the leander as the person with excess funds is more protected in carrying out all activities involving financial technology, lending and borrowing money so that the leander and borrower have a clear position in the Indonesian legal instrument in the legislation. And clearly the credit dispute resolution institutions authorized to resolve them.Keywords: Peer To Peer Lending, Legal Protection, OJK.
EKSISTENSI HUKUM ADAT MINANGKABAU DALAM PENERAPAN SANKSI DENDA TERHADAP PELAKU ZINA DI NAGARI LIMO KAUM KECAMATAN LIMA KAUM Alfadrian Alfadrian; Erdianto Effendi; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Abstract

Indonesia is a legal state (rechtstaat) in which every legal provision rests or is guided by thePancasila and the 1945 Constitution, because a regulation must not conflict with higher regulations becauseit applies nationally. But in community life besides the existence of national laws there are also customarylaws in the midst of these communities which are born of habits and behavior that develop into what iscalled adat. This custom or habit will later become a provision called customary law. Whereas customarylaw and customary law are still used by certain local communities, especially in the Kenagarian Limo KaumLima Kaum area whose people still use customary criminal law to settle customary criminal acts, especiallyzina crimes. The purpose of writing this thesis is: first, how is the existence of the application of finessanctions against adulterers in Nagari Limo Kaum Lima Kaum Subdistrict, secondly, What is the position ofcustomary criminal law against law enforcement and its practice in Nagari Limo Kaum Lima KaumDistrict.This type of research is using sociological research methods because this research authors directlyconduct research on the location or place to be studied in order to provide a complete and clear picture ofthe problem to be studied. This research was conducted at Nagari Limo Kaum sub-district Lima Kaum ,Tanah Datar District, West Sumatra Province. While the population and samples were all parties related tothe problems examined in this study, data sources used primary data, secondary data and tertiary data,collection techniques the data in this study were interviews and document studies.The conclusions that can be drawn from this study are that the existence of customary criminalsanctions such as being discharged and fined have begun to fade or are rarely used anymore because thepeople in Nagari Limo Kaum are already plural who come and settle so that customary law is not usedanymore and submitted every issue reported to the police. The suggestion that the authors give is that theNagari government and its devices make a Nagari Regulation that regulates customary law or violations ofcustomary law in collaboration with the police and disseminates it to the Nagari Limo Kaum community sothat the Minangkabau customary law persists and will not fade along with the times.Keywords: Existence - Customary Law - Customary Penalty – Adultery
IMPLEMENTASI PENGAWASAN BAPAS PEKANBARU DAN KEJAKSAAN NEGERI PEKANBARU TERHADAP NARAPIDANA BEBAS BERSYARAT YANG MELAKUKAN TINDAK PIDANA DALAM MASA PERCOBAAN Andika Surya; Erdianto Effendi; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

BAPAS is a institution to carry out community guidance. The prosecutor has the duty and authority to supervise the implementation of conditional criminal decisions, oversight criminal decisions, and conditional release decisions. The Purpose of this Research First; know the implementation of BAPAS and Attorney General's supervision of prisoners who are on parole who have committed crimes on probation. Second; know the obstacles in the implementation of supervision of BAPAS and the Prosecutor's Office on parole prisoners who commit crimes on probation.This type of research can be classified in the type of sociological juridical research, 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 at BAPAS Pekanbaru and Pekanbaru District Attorney's Office, while the population and sample were all parties related to the problem examined in this study. The data source used is primary data and secondary data.From the research results there are two things that can be concluded, First; The form of supervision from BAPAS towards conditional free prisoners who commit criminal offenses on probation is to provide guidance to the correctional client. Until now the supervision of the prosecutor's office on parole inmates has almost never been carried out. Second, the obstacles of Bapas are the insufficient number of BAPAS Officers in conducting supervision; other than that the budget owned by BAPAS is insufficient, besides the lack of involvement of the Victim in the oversight. The juridical obstacle is that there are no clear rules regarding the rules governing the supervision of prisoners who are paroleed by the prosecutors. The non-juridical obstacle is the lack of inter-agency coordination (bapas and prosecutors) regarding the supervision of these conditional free prisoners. Author's advice, first; Bapas should carry out its function as a social guide better. In addition, the prosecutor's office as an institution that has the authority to oversee prisoners is on parole, must carry out its functions, not only to child prisoners. Second; Bapas should not make lack of budget, and lack of personnel as an excuse.Keywords : Implementation - BAPAS- Prosecutors (Kejaksaan) - Conditional Free Prisoners
TINJAUAN YURIDIS PENGATURAN KESELAMATAN DAN KEAMANAN PENERBANGAN SIPIL INTERNASIONAL DALAM KONVENSI CHICAGO 1944 Meylisa Veky; Maryati Bachtiar; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Abstract

The sefety and security of international civil aviation is hampered by avariety of factors, one of which is the outside aircraft itself. The shooting wasbased on the reason that the state must defend its sovereignty against foreignaircraft that violated the provisions of the country's airspace. In the period 1973-2014 there were 9 incidents of shooting of international civil aviation aircraft shotdown by the military Case of Korean Airlines Boeing 747 on the way from NewYork headed to Seoul by Soviet Union hunter aircraft on September 1, 1983 whichwas the basis for amending Article 3 of the Chicago Convention in 1944 and morespecifically Article 3 regulates interception of foreign civilian aircraft that violatethe sovereignty of a country But Article 3 changes to the bus have not beenavoided international aircraft against the shooting of the aircraft that occurred inthe case of Malaysia Airlines and foreign civilian aircraft and Americansuspected drug carrying was one of the cases that occurred after the Pasl 3 busraid, the flow of the shooting again and again the accidental factor, but the lackof spelling or negligenceThis type of research can be classified as normative legal research Legalresearch is carried out by examining library material or mere secondary data.As a results of the research problem, there are the main things that canbe contested. First, the Chicago Convention of 1944 is an old convention whosearrangement must be changed because it is no longer suitable at this time and isconsidered less effective including international civil aviation security and safety.second, a country that has sovereignty over its exclusive air space is one of thefactors that makes it difficult for international law to be implemented when thereare cases of shooting of foreign civilian aircraftKeyword : Chicago Convention 1944–Safety and Security–International CivilConvention

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