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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
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TINJUAN HUKUM ADMINISTRASI NEGARA DALAM BIDANG PENGELOLAAN SAMPAH SEBAGAI PERWUJUDAN PRINSIP GOOD ENVIRONMENTAL GOVERNANCE DI KOTA PEKANBARU Fitri, Rahmatul; Firdaus, Emilda; Artina, Dessy
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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Waste management by the regional government belongs to the classification ofcompulsory government affairs that are not related to basic services, namely governmentaffairs which are included in the element of the environment. Due to the high population,the increase in public consumption also increased which caused an increase in wasteproblems in the City of Pekanbaru. While, the ability to manage waste in the city ofPekanbaru is less effective in creating good environmental management in the wastemanagement arrangement. Article 22 of Pekanbaru City Regulation Number 8 of 2014explains that waste management related to changing the characteristics, composition andamount of waste by utilizing environmentally friendly technological advancements can bemanaged through a waste treatment facility with the principle or 3R (Reduce, Reuse andRecycle) or integrated waste treatment facilities.The purpose of this study is to find out the responsibilities of local government inwaste, to find out the obstacles faced in waste management and to find out the efforts toovercome obstacles in the field of waste management in Pekanbaru City. This type ofresearch is classified into sociological legal research, namely research that looks at thecorrelation between law and society, so as to be able to reveal the effectiviness of thevalidity of law in society and identify unwritten laws that apply to society. This researchwas conducted at the Environmental and Sanitation Office of Pekanbaru City. Datasources used are primary data and secondary data. While, the data collection techniquesin this study are questionnaires, interviews and literature review.Conclusions can be obtained from the results of research that waste managementin Pekanbaru City places more emphasis on final processing. While for management inthe form of reduce, reuse and recycle there are already garbage banks, compost housesand TPS3R, but the implementation is not optimal. Optimization of waste managementsuch as waste handling and reduction will not function properly if not supported and puttogether. Realizing good governance by involving its 3 main pillars, namely thegovernment, the private sector and the community in waste management will be a veryeffective way to create a clean, neat and healthy environment.Keywords: Local government responsibilities, waste management, goodenvironmental governance.
KEPASTIAN HUKUM TERHADAP EKSEKUSI TERPIDANA MATI DALAM HUKUM PIDANA INDONESIA J, Ibnu Sya’ban Syah; Deliana, Evi; Erdiansyah, Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Legal certainty regarding the execution of death row in Indonesian criminal law is not regulated regarding the period of execution of decisions that have permanent legal force. This makes the time limit for execution even more unclear because there is no definite legal basis. In this way the law also seems to allow uncertainty regarding the execution deadline. The long delay has reached many years even though the verdict has permanent legal force and there are convicts who did not take extraordinary legal remedies or file for clemency. Detention in a prison that lasts a long time and is not certain to indicate a conflict with the principle of legal certainty.This research is a normative legal research. Legal research carried out by examining mere library materials or secondary data, can be called normative legal research or library legal research (in addition to sociological or empirical legal research that primarily examines premiere data). This research uses a research methodology on legal principles.Based on the results of the study it can be seen that the legal certainty of the execution of death row in Indonesian criminal law up to now violates many human rights both in its regulation and application. The delay on protracted executions has a close relationship with legal certainty. This can be seen from how long the convict must wait in prison to be executed and whether the death row inmate will be executed or not. The uncertainty in the execution of capital punishment certainly is contrary to the legal certainty of a just criminal law enforcement process. Ideal arrangements regarding the implementation of capital punishment should be immediately carried out in accordance with predetermined rules, so that the creation of legal certainty for the execution of death row inmates until the future.Keywords: Legal Certainty, Death Penalty, Execution
IMPLIKASI PERALIHAN URUSAN PEMERINTAH DAERAH KABUPATEN/KOTA KEPADA PEMERINTAH DAERAH PROVINSI DALAM PENGUSAHAAN PERTAMBANGAN RAKYAT DI SEKTOR PERTAMBANGAN MINERAL LOGAM (EMAS) BERDASARKAN UNDANG - UNDANG NOMOR 23 TAHUN 2014 TENTANG PEMERINTAHAN DAERAH Ocy Ananda Erica; Emilda Firdaus; Zulfikar Jayakusuma
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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After the issuance of National Constitution 23 on 2014 about RegionalGovernment substitute for National Constitution 32 on 2004 about RegionalGovernment it has implications for changes in the authority of the management ofMinerals and Coal based on National Constitution 4 on 2009 about Minerals andCoal, problems arising from transfer of authority from Regency / City to Provinceafter the issuance of National Constitution 23 on 2014 and community miningpermits in the metal mineral (gold) mining sector which is still a polemic of theProvincial Government in carrying out its duties so that disharmony occursbetween the two laws.The purpose of this thesis is to find out the regulation of metal mineralgold mining under National Constitution 23 on 2014 about Regional Governmentto find out the implications of the transition of Regency / City RegionalGovernment affairs to Provincial Governments in the exploitation of communitymining in the metal mineral mining sector (gold) based on National Constitution23 on 2014 about Regional Government.the regulation of mining business was not in accordance with the laws andregulations that governed previously, namely the mining permit so that legaldisharmony occurred between the two laws, the difference being related to theauthority to grant mining permits in the province or district / the city thusinconsistencies towards the dualism of the same law. As well as the transitionalimplications, it requires the Provincial Government to be able to accommodatemining licenses with uncomplicated bureaucracy with the existence of derivativeregulations from National Constitution 23 on 2014 about Regional Government.Keywords: Regional Government, People's Mining, Metal Minerals (Gold)
PENERAPAN HUKUM ADAT TERHADAP TINDAK PIDANA PERAMBAHAN HUTAN DI KECAMATAN LANGGAM KABUPATEN PELALAWAN Halimah Halimah; Evi Deliana; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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After abstracting of permit of Rights of Double Limited Liability Forest Enterpasing of Marta byForestry Minister of through Number decision 10258/Kpts-II/2002 date of 13 December 2002 jo Number282/Kpts-II/2003 date of 25 August 2003 as preparation of directing of area of conservation of Tesso Nilo,concurrently in society form the custom area which unilaterally acknowledge the custom forest in area ofNational Park of Tesso Nilo so that management and enableness of forest area shall no longger accordingto order of applicable law where arising of customary law but there are its execution deviation. Problem ofthis research is What Will Be Applying of Customary Law To Doing An Injustice of Forest Encroachment inSubdistrict of Langgam of Regency Pelalawan, to what extent existence customary law to ForestEncroachment in Subdistrict of Langgam of Regency Pelalawan and what becoming resistance and strive toovercome the resistance of Applying of Customary Law To Doing An Injustice of Forest Encroachment inSubdistrict of Langgam of Regency Pelalawan.This research represent the research sosiologis which have location in] Subdistrict of Langgam ofRegency Pelalawan. As for data source which is utilizing in this research is Primary Data, seconds Dataand Tertiary with the Technique Data Collecting use the Observation, Interview the non structure,questionnaire And Bibliography Study.Pursuant to research indicate that the applying of customary law to doing an injustice of ForestEncroachment in Subdistrict of Langgam of Regency Pelalawan is not maximal conducted to activity societyanticipated do the Forest Encroachment in custom forest. Existence customary law to Forest Encroachmentin Subdistrict of Langgam of Regency Pelalawan in the form of order concerning collision form and alsocustom sanction but is not effective executed because until present moment of Forest Encroachment still behappened. Resistance of Applying customary law to doing an injustice of Forest Encroachment inSubdistrict of Langgam of Regency Pelalawan there is two factor, namely factor of society of custom andfactor outside custom society. Strive to overcome the resistance of applying customary law to doing aninjustice of Forest Encroachment in Subdistrict of Langgam of Regency Pelalawan is conduct the evaluationby totally to area of custom forest, data and also assess the performance there, while to the transfer of areafunction hence all custom society by together take care of and commit to remain to to take care of andpreserve the area of custom forest.Keyword : Customary Law, Criminal Act, Forest Encroachment
Analisis Yuridis Sengketa Perdagangan Antara Amerika Serikat Dan China Dikaitkan Dengan Eksistensi World Trade Organization Sebagai Organisasi Perdagangan Internasional Sianipar, Dewi Sartika Bulan; Kusuma, Zulfikar Jaya; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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International trade law aims to provide legal certainty and create order for international law subjects. One source of international trade law is GATT which is now replaced by the WTO. In an effort to meet needs through international trade, trade disputes often arise as happened between the two developed countries the US and China. In this case, the United States issued a policy of raising tariffs for various products from China. China also responded by raising tariffs for various products from the US. The actions of these two countries are called tariff wars or trade wars. In the GATT, tariff regulation is regulated in Article II of the GATT on the concession schedule. Where according to Article II of the GATT, the state must not increase arbi-trary tariffs without prior negotiations. in addition to regulating tariffs one of the main activities of the GATT / WTO is as the organizer of a dispute resolution forum in case of violations of the rights and obligations of member countries. The purpose of writing this thesis, namely: first, to find out the United States tariff increase policy is a violation of GATT / WTO rules, second, to find out the existence of the World Trade Organization in resolving trade disputes between the United States and the United States. China. This type of research is normative legal research using research methods on legal principles. Data collection techniques in this study with the study of literature. From the results of the research problem there are two main things that are conclud-ed. First, the US policy in raising import tariffs on China is a violation of the WTO regulatory framework and also some of the principles that exist in the WTO such as the binding tariff principle and the principle of protection through tariffs. second, the stage of dispute resolution that has been passed by the US and China is consultation between the two countries. The WTO does not have an active role in resolving trade disputes between the US and China because of the vacant position in the WTO ap-peals body which makes the WTO's role as a dispute resolution forum unable to run optimally.Keywords : Trade War -Tariff - United Nations - China- dispute resolution
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA EKSPLOITASI SEKSUAL ANAK DI WILAYAH HUKUM KOTA DUMAI Tamara Aryani Siregar; Emilda Firdaus; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Children are the next generation of national ideals, have a strategic role in ensuring the existence of the nation and state and getting protection from parents, family, society, nation and state. But now there are still many problems found in children, one of which is sexual exploitation of children. This is very alarming where there is no strict treatment from the police, law enforcement in the field of sexual exploitation of children is still ineffective in view of the increasing cases of sexual exploitation of children, but they are reluctant to make reports due to public doubts about the police.This research is sociological research which is to see the influence of positive law on people's lives. This research was conducted in the jurisdiction of the Dumai City Resort Police, while the population and sample 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 this study were carried out through observation, interview and literature review.From the results of the research conducted, it can be concluded, First, preventive and repressive law enforcement. Second, the obstacles faced are internal factors, internal factors such as the number of police personnel, the ability of personnel, the budget of the police institution, limited facilities and infrastructure. The external factor in the form of children is not realizing that he is a victim, fear of not obeying what was ordered by the perpetrators, public distrust of law enforcement, low awareness of the victims and lack of public awareness of the law and problems of sexual exploitation of children. Third, efforts to overcome barriers, namely fixing internal deficiencies, namely by adding personnel and increasing police capabilities by holding training and education on a regular basis, managing finances and adding facilities and infrastructure to existing needs, and fixing external deficiencies, namely providing understanding education towards children that what they do endangers them, restores children's trust through treatment by psychologists, instills a religious sense of fear of sin, restores the community's trust in the police and increases public awareness of the importance of law and the importance of child protectionKeywords: LawEnforcement – Crime - Sexual Exploitation of Children
Tinjauan Yuridis Pertanggungjawaban Pidana Bagi Seorang Pengidap Penyakit Gangguan Jiwa Halusinasi Dalam Tindak Pidana Pembunuhan Lawra Esperanza Asyraf; Evi Deliana; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Stuart & Laraira defines hallucinations as a response from the five senses in the absence of external stimuli. Hallucinations are a perception disorder where the patient perceives something that is not actually happening. There are five types of hallucinations, namely hearing, vision, smell, taste and touch. Hearing hallucinations are the most common type of hallucinations found to occur. Murdered by the hallucination of unseen whispers classified as various and tend to be sadistic. Some perpetrators killed the victim with a long knife, there was also killed the victim by shooting the victim many times, there were even perpetrators who killed the victim by mutilating it. This research is a normative legal research, because it is based on library research that takes excerpts from reading books, literature, or supporting books that have relation to the problem to be studied, assisted with secondary data sources. This study uses qualitative data analysis and produces descriptive data. From the results of the study, it was concluded that, First, if the defendant cannot account for his actions, the judge handed down the verdict to release the defendant from all charges as regulated in Article 44 paragraph (1) of the Criminal Code, and the judge can order the defendant to enter a mental hospital for a maximum of one year. to be checked. Second, the criteria according to the law that is said to have hallucinatory mental illnesses according to article 44 of the Criminal Code are the contents of a foreign mind from the outside into his mind, the notion of himself is controlled by a certain force from outside, the hallucinatory voice that comments continuously, and the misunderstanding of the misunderstanding settled other types. Based on the results of psychiatric examinations performed by psychiatrists. The author's suggestion is, First, in Article 44 of the Criminal Code regarding the ability to be responsible more explained in more detail who can be said to be disturbed or mentally disabled so that they cannot be held liable for criminal liability or subject to criminal sanctions. Second, the judge should decide the case above also pay more attention not only to the results of the defendant's mental examination. But also pay attention to the testimonies of those closest to the defendant who do interact with the defendant on a daily basis. Keywords: Mental Disorders, Criminal Acts, Criminal Liability
Perlindungan Hukum Bagi Peserta BPJS Kesehatan Yang Melakukan Pembayaran Premi Melalui Payment Point Online Bank ( PPOB ) di Desa Tanjung Bungo Kecamatan Kampa Oktaviani Aswar; Hayatul Ismi; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Health insurance is held with the aim of ensuring that participants receive health care andprotection benefits in meeting basic health needs. But BPJS Health participants in this case manyexperienced complaints because of the late Payment Point Online Bank (PPOB) paying participants'contributions to BPJS Health. The purpose of this essay is: First, the implementation of legal protection forBPJS Health participants who make premium payments through Payment Point Online Bank (PPOB) inTanjung Bungo Village, Kampa Subdistrict, Secondly, constraints and efforts made by BPJS HealthParticipants who make premium payments through Payment Point Online Bank (PPOB) in Tanjung BungoVillage, Kampa District.This type of research is a type of sociological legal research. This research was conducted at thePekanbaru Branch BPJS Health office JL. Tuanku Tambusai Ujung Komp. 20 Ruko No. 6F-10J Ex.Labuhbaru Barat Kec. Umbrella City of Pekanbaru. While the population and sample are the Head ofPublic Communication BPJS, BPJS Health Participants, and PPOB. The data used are primary data,secondary data and tertiary data and data collection techniques are field studies, interviews, and literaturestudies.The results of the problem research are two main things that can be concluded. First, theimplementation of legal protection for BPJS Health participants who make premium payments throughPayment Point Online Bank (PPOB) in Tanjung Bungo Village, Kampa Subdistrict does not work inaccordance with applicable laws and regulations, namely that everyone has the right to get health services,benefits health and protection in meeting basic health have not been fully obtained by participants. Second,the constraints and efforts made in implementing legal protection for BPJS Health participants who makepremium payments through Payment Point Online Bank, the obstacle experienced by the PPOB is the lackof openness and caution in accepting and paying participant contributions and the existence of networkdisruption in terms of deposits to the BPJS Kesehatan, while from the participants there was a lack ofknowledge of participants regarding the rights they should have obtained.Keywords: Legal Protection-BPJS Participants Health-Payment Point Online Bank
IMPLEMENTASI DIVERSI DALAM MENYELESAIKAN TINDAK PIDANA ANAK DI TINGKAT KEJAKSAAN NEGERI SIBOLGA Ferdinan P L Tobing; Emilda Firdaus; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Children are gifts or entrusted by God to every parent who is part of the younggeneration of the nation's successors who must be protected. The effort to protectchildren facing the law is through a legal restorative approach carried out bymeans of diversion. Diversion is the transfer of child case processes from criminaljustice processes to processes outside the criminal court. At the level ofinvestigation, prosecution and examination of child cases in the district court,diversion must be sought, this is stated in article 7 paragraph (1) of the ChildCriminal Justice System Act. The purpose of writing this thesis, namely: First, Tofind out the implementation of diversion in the Sibolga District Prosecutor'sOffice. Second, to find out the inhibiting factors for the implementation ofdiversion in the Sibolga District Prosecutor's Office. Third, Untik knows theefforts of the Prosecutor's Office to overcome the inhibiting factors for theimplementation of diversion in the Sibolga District Prosecutor's Office.This type of research can be classified in this type of sociological juridicalresearch, because this research author directly conduct research on the locationsor places studied in order to give a complete and clear picture of the issuesexamined. This research was conducted at the Sibolga District Prosecutor'sOffice, whereas the sample population is a whole party with regard to the issuesexamined in this study, the data source used, primary data, secondary data anddata tertiary, technical data collectors in this study with interviews and literaturestudy.From the results of research and discussion it can be concluded that,First, the implementation of diversion in resolving child crime at the SibolgaDistrict Attorney level has not been maximized. Second, the inhibiting factors ofdiversion efforts at the Sibolga District Prosecutor's Office are the lack of thenumber of public prosecutors, the paradigm of the public prosecutor, the lack ofcooperation between institutions and the parties, and the work area of the SibolgaDistrict Attorney consisting of 2 (two) jurisdiction . Third, the public prosecutor'sefforts in overcoming the inhibiting factors are by increasing the number of childprosecutors, conducting training and education on diversion and seeking goodcooperation between institutions.Keywords: Implementation – Diversion - Child
PELAKSANAAN PENETAPAN MAHAR PERKAWINAN DI DESA BATURIJAL HILIR KECAMATAN PERANAP KABUPATEN INDRAGIRI HULU Dito Prananda; Hayatul Ismi; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Mahar is a mandatory gift given and declared by prospective husbands to prospective wives in thesighat marriage contract which is a sign of their agreement and willingness to live as husband and wife.While the dowry law of the scholars agreed that the dowry is one of the legal requirements of marriage andmay not enter into an agreement to leave it. In terms of the level of dowry there are no provisions in theQur'an and the Sunnah, but the Prophet advocates for his people to facilitate dowry. The problems of thisstudy are how the marital determination procession in the village of Baturijal Hilir Peranap Subdistrict, andwhat causes the existence of levels in the determination of marriages in the village of Baturijal Hilir. Thisstudy aims to determine the process of determining the dowry in marriage in the village of Baturijal Hilir, tofind out the implications (impacts) on the people of Baturijal Hulu village and to find out a review of Islamiclaw on the establishment of dowry in marriage in the village. This research is in the form of field research,which takes place in the village of Baturijal Hulu.The methods in this study are observation, interviews, and questionnaires. The subjects of this studywere people who had done marriages and community leaders in the village of Baturijal Hulu, PeranapDistrict, Indragiri Hulu Regency. The object of this research is the determination of dowry in marriage andits implications for society. The population in this study were all communities in the village of Baturijal HuluPeranap Subdistrict Indragiri Hulu Regency who had canceled 12 marriages and who had married as manyas 20 people with a sample of 6 people canceling their marriages and 10 marriages who married. withPurposive Sampling techniques.Once collected, the authors analyze the data through qualitative analysis, while the methods used aredeductive, inductive and analytical descriptive methods. The people of Baturijal Hulu Village, PeranapSubdistrict, Indragiri Hulu Regency, in setting dowry are based on their education level and economic level,the higher the education level of the woman the greater the dowry that is asked in her marriage later.Likewise with middle and upper economic families, they also ask for a high dowry. Whereas theeconomically disadvantaged people only ask for a modest dowry that is like a set of prayer tools, with thedetermination of the dowry problem many people are burdened and find it difficult because of the highdowry, so many cannot fulfill these requirements. The determination of the dowry has a negative andpositive impact on the community, because of the large amount of dowry determined. The establishment ofdowry in the village of Baturijal Hulu is contrary to Islamic law, because according to good dowry Islam isa light and not burdensome one, even an iron ring or memorization or teaching the Qur'an is a better dowry.In the determination of dowry must pay attention to the capabilities of the male side.Keywords: Mahar, Marriage, Baturijal Hilir.