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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 2,579 Documents
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TANGGUNG JAWAB PELAKU USAHA YANG MENJUAL DAGING TIDAK LAYAK KONSUMSI DI PASAR TRADISIONAL DUPA KOTA PEKANBARU Dita Aprianty; Evi Deliana; 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

One type of business actor is a business actor who sells meat, especially in traditional markets. Meat is an animal food that is liked by all levels of society because it tastes delicious and is highly nutritious. consumer trust is often used by businesses by cheating or taking advantage unilaterally, namely providing unworthy consumption of meat from what has been promised to consumers who will buy the meat.the type of research used in writing this law is sociological legal research which is a study of the effectiveness of the law that is in effect or research on legal identification. Whereas if seen from the nature of this research is descriptive. This study uses primary data, namely data obtained from the field through interviews and secondary data, namely data that has been prepared.The results of this study are the way traders carry out consumption and sale of meat that is fit for consumption in accordance with the law is that safe, healthy, whole and halal meat (ASUH) is meat that is expected by all consumers, because from various aspects ASUH chicken meat is guaranteed if consumed by the community.as stipulated in Government Regulation No. 22 of 1983 concerning Veterinary Public Health, it is stipulated that meat that is fit for human consumption must meet the requirements of safe, healthy, whole and halal (ASUH). the responsibility of the business actor who sells meat that is not suitable for consumption in the traditional market of Dupa in Pekanbaru is in accordance with Article 19 paragraph (1) of the Consumer Protection Act which is compensation in the form of refunds or replacement of similar goods and / or services orequal value, or health care and / or compensation that is in accordance with the provisions of the applicable legislation.Keywords: Responsibility, Business Actors, Meat Not Consumption
PENERAPAN SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA PELECEHAN SEKSUAL TERHADAP ANAK DI PENGADILAN NEGERI KELAS I A PEKANBARU Andre David Hasintongan Sitanggang; Evi Deliana; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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The criminal act regulations that are put in place are to protect the public and which make such actions punishable under a criminal article. It is very important to know, the forms of sexual violence against children have a very broad scope, including, rape, sodomy, oral sex, sexual gestures (visual sexual assaults including exhibitionism), sexual rheumatism (verbal sexual assaults, sexual harassment, child prostitution and clitoral circumcision in girls). In its protection, children are also subject to a separate judiciary namely Law Number 11 of 2012 concerning the Criminal Justice System for Children to aim to provide the best interests of children.Scientific writing aims to: First, to find out the application of criminal sanctions against perpetrators of criminal acts of sexual abuse of children in the Pekanbaru District Court. Second, to find out the basic considerations of judges in imposing sanctions for sexual harassment in the Pekanbaru District Court.This thesis writing uses sociological juridical research methods. Sociological juridical legal research that uses secondary data as initial data, which is then followed by primary data or field data, examines the effectiveness of a law and research that wants to find a relationship (correlation) between various symptoms or variables as data collection tools consisting of studies documents and interviews.From the results of the research problem according to Law No. 11 of 2012 concerning the Child Criminal Justice System and Law No. 35 of 2014 concerning Child Protection. By using the theory of justice the Judge has followed aspects in the application of sanctions mandated by the regulations in force today, and the Judge also pays attention to facts at trial, witness statements, evidence and visum et repertum. The judge also looked at aspects of the environment and the people around the perpetrators. And also consider the future of the victims and perpetrators alike.Keywords: Application of Sanctions, Criminal Purpose, Child Sexual abuse
Tanggung Jawab Perusahaan Terhadap Kehilangan Barang Penumpang Yang Berada Di Dalam Kapal Di Panipahan Kecamatan Pasir Limau Kapas Muhammad Danel; 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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The study with the title "Corporate Responsibility for Loss of Passenger Goods that Are Inside theShip in Panipahan, Pasir Limau Kapas Sub-District" aims to determine the Company's responsibility forpassenger goods and to know the resolution of goods suffered by passengers. This research includesempirical legal research.The research is to find out the business actors' responsibility for losing luggage of passengers whoare inside the ship, while the research data comes from primary data and secondary data obtained by meansof interviews with the company and related parties. Problems arise where there is a clause in thetransportation document (passenger ticket) which states that the transport company is not responsible forloss or damage during the trip. This is clearly contrary to Article 40 Paragraph (1) of Law Number 17 Year2008 concerning Shipping.The conclusion from the results of this study is that the attitude of discipline in carrying out the rulesof transporters, passengers and the government in order to create safe, comfortable and orderly services, toimprove shipping quality that prioritizes comfort, security and order, transport companies should beresponsible because they have clearly the transport agreement is made between the transport company andthe passenger. The shipping company must also include baggage documents and label the passengerbaggage so that it is not exchanged and easily prove that the transport company must also pay attention tothe Law related to the future in carrying out its business activities in order to advance sea transportationand remain a passenger choice transportation. The transportation company in the future should makecompensation provisions to see the initial agreement between the transport company and the passenger andpay attention to the compensation mechanism that has been regulated in the Act so as not to cause harm topassengers.Keywords: Responsibility, Compensation, Company, Sea Freight, Freight Agreement.
IMPLEMENTASI PASAL 283 UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN TERHADAP PENGENDARA OJEK BERBASIS APLIKASI DI KOTA PEKANBARU Reski Reski; Erdianto Effendi; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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The progress of the transportation system has driven a person towards lifestyle, namely application-based transportation, called online transportation, which has been characterized by hatred for moving places, fluency in the exchange of goods and services, and the high level of employment and high social mobility. Motorcycle taxis have become alternative transportation for some people because they are flexible in their activities, can reach places that are not passed by public transportation such as city transportation, buses, or other types of four-wheeled public transportation.This type of research can be classified in the type of sociological legal research,because in this study the authors immediately conduct 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 Pekanbaru City, while the population and samples were Head of Unit Then in Pekanbaru City Police, Members of Pekanbaru City Police, application-based motorcycle taxi management in Pekanbaru City and application-based motorcycle taxi drivers in Pekanbaru City.The conclusion that can be obtained from the results of the study is the implementation of Article 283 of Law No. 22 of 2009 concerning traffic and road transportation for application-based motorcycle taxi drivers in the city of Pekanbaru has not yet proceeded as it should. Obstacles to the implementation of Article 283 of Law No. 22 of 2009 concerning traffic and road transportation for application-based motorcycle taxi drivers in Pekanbaru City in the form of law enforcement factors and effective and Driver Awareness Factor in this case the lack of awareness of the driver-based community about traffic regulations has the potential to cause traffic accidents. Efforts made to overcome the obstacles to the implementation of Article 283 of Law Number 22 of 2009 concerning traffic and road transportation for application-based motorcycle taxi riders in Pekanbaru City consist of Preventive and RepressiveKeywords: Application, Surcharge, Merchant, Consumers, Transactions, Credit Cards
PELAKSANAAN KESEPAKATAN BERSAMA ANTARA PT WIRA KARYA PRAMITRA DENGAN FEDERASI SERIKAT PEKERJA TRANSPORT INDONESIA/KONFEDERASI SERIKAT PEKERJA SELURUH INDONESIA KABUPATEN KAMPAR DALAM BONGKAR MUAT TANDAN BUAH SEGAR KELAPA SAWIT Lamtiar Lamtiar; Evi Deliana; Dasrol Dasrol
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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This study discusses the implementation of a joint agreement between PT. Wira Karya Pramitra with Labor Unions in Kampar District. The choice of this theme is motivated by the fact that PT Wira Karya Pramitra and the Kampar Regency Labor Union have not yet carried out their roles as agreed upon as parties to the agreement. In the implementation of the agreement not yet in accordance with Article 1313 Regarding the Agreement Born from the Contract or Agreement. The problem that occurs is the payment of loading and unloading of fresh fruit bunches paid by the fruit suppliers namely oil palm farmers so that the farmers object to the agreement and write to the Kampar Regency Trade Unions to be able to reduce the price of loading and unloading of fresh fruit bunches of oil palm. Whereas in the mutual agreement letter that was agreed between PT. Wira Karya Pramitra with the Kampar Regency Labor Union agreed that the loading and unloading wages of fresh fruit bunches were paid by PT. Wira Karya Pramitra in accordance with the provisions of article V paragraph 9. The purpose of writing this thesis, namely; First, to find out how the implementation of the joint agreement carried out by PT Wira Karya Pramitra with trade unions, Second, To know the obstacles faced in implementing the collective agreement agreement made by PT Wira Karya Pramitra with trade unions.From the results of the research there is a main problem. First, the union as a representative of the extension of the loading and unloading workers and oil palm farmers with PT. Wira Karya Pramitra, Second, The obstacles faced by the Labor Unions of Kampar Regency and PT Wira Karya Pramitra are the low quality of human resources, lack of communication, as well as obstacles from employers and the government. Author Suggestions, First, the parties, namely PT. Wira Karya Pramitra and Trade Unions in order to be able to carry out collective agreements well and pay more attention to the welfare of the Loading Unloaders as well as the oil palm farmers. Secondly, PT Wira Karya Pramitra must comply with the collective work agreement or agreed collective agreement.Keywords: Agreement - Mutual Agreement - Contract
PERLINDUNGAN KONSUMEN TERHADAP PEREDARAN MAINAN ANAK-ANAK YANG MEMBAHAYAKAN DIKOTA PEKANBARU Fazariansyah, Bayu; Ismi, Hayatul; Fitriani, Riska
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

As a developing country and island countries such as Indonesiasometimes experience a disruption and obstacles to the smoothness of staterevenues, due to the occurrence of a smuggling crime. It is this form of evil thatimpedes the course of economic development, because a lot of state money is notpicked up by the crime of smuggling. In addition smuggling crime is a latentdanger that threatens the country's economy as well as the survival of a country.As for the purpose of writing this thesis, namely; Firstly, to know the role of CivilServant Investigator of Customs and Excise in handling smuggling case of onionbased on Law number 17 of 2006 concerning Customs in Dumai City Law Area,Second, to know what obstacles are found by Customs Civil Servant Excise inhandling the case of smuggling of shallots in the Dumai City Legal Territory.The type of research is sociological legal research is research that wantto see the correlation between law and society, so as to reveal the effectiveness oflaw enforcement in society. The research was conducted at Dumai City Customsand Excise Inspection and Service Office, while the population and sample werethe whole parties concerned with the problems studied in this study, the datasource used, the primary data and the secondary data, the data collectiontechnique in this study by interview And literature study.From the research result of the problem that the Customs and Excise ofDumai City performs supervision in accordance with Law No. 17 of 2006 onCustoms but on the implementation has not been said maximal because there arestill obstacles of the main things that need attention. First is expected to CivilServant Investigators in realizing their role as law enforcement officers areexpected to always be consistent in handling the act of smuggling of onion interms of Preventif. Therefore it takes better human resources to support theperformance of Customs and Excise, improve the infrastructure facilities ownedby Customs and Excise and increase patrol area to smuggling activities.Secondly, it is also expected to further improve its performance so that smugglingactions can be minimized
TINJAUAN YURIDIS TERHADAP KEWAJIBAN PENYIDIK DALAM MENGIRIMKAN SURAT PEMBERITAHUAN DIMULAINYA PENYIDIKAN KE KEJAKSAAN NEGERI PEKANBARU Hanif, Dean Prakasa; Deliana, Evi; R, Mukhlis
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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The National Police occupies a position as law enforcer in accordance with the principles offunctional differentiation outlined in the Criminal Procedure Code. Polri as a general criminal investigatorthat has a connection with the criminal justice system, namely in the case of a Notice of Commencement ofInvestigation, hereinafter abbreviated as SPDP. The reality that often occurs in the investigation of criminaloffenses is the delay in sending SPDP to the public prosecutor. Through the ruling of the ConstitutionalCourt Number 130 / PUU-XIII / 2015 there is an obligation for investigators to submit SPDP not only to thepublic prosecutor but also to the reported party and the victim a maximum of 7 (seven) days after theissuance of the investigation warrant. The problem in this study is how the mechanism and implementationof the obligation of investigators to submit a notification letter on the commencement of investigation intothe public prosecutor and what are the legal consequences and efforts made by the Pekanbaru stateprosecutor on the violation of sending notification letters to the start of the investigationThis study uses a normative juridical approach and empirical jurisdiction. Data is obtainedthrough library studies and through interviews using written guidelines for specified sources. This researchwas conducted at the Pekanbaru state prosecutor's office and the pekanbaru police station in 2018-1019,with resource persons consisting of investigators at the Pekanbaru police station and prosecutors at thePekanbaru state prosecutor's office.The results of the research and discussion can be concluded that the mechanism and obligation ofinvestigators in sending SPDP are contained in Article 109 paragraph (1) of the Criminal Procedure Codeand the Constitutional Court decision No. 130 / PUU-XIII / 2015 and the legal consequences and efforts ofthe Pekanbaru state prosecutor on violations of SPDP deliveries where the public prosecutor can reject theSPDP whose notification has passed the 7 (seven) day deadline since the investigation began. Further legalconsequences of law enforcement cannot be realized, because the public prosecutor has not yet known thatthe investigator has begun investigating a case so that the party who feels disadvantaged can submit a pretrialas a further legal remedy.Keywords: Obligations of Investigators to Send SPDP-Prosecutors-Legal Effects.
PENERAPAN PENYELESAIAN KREDIT MACET MELALUI PROSES PENGALIHAN PIUTANG (CESSIE) DI PT BANK TABUNGAN NEGARA PEKANBARU Nancy Roseline Manurung; Hayatul Ismi; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Cessie is a bad credit settlement process carried out by an old lender where the old lender sells the loan to a new lender. Although cessie is not explicitly mentioned in the Criminal Code but the existence of Article 613 of the Criminal Code makes the cessie process in the world of banking possible, in that case there is a need for a notary deed or deed under the name, but the existence of this act does not create a new lender directly the legal force because the old creditor had to tell the debtor that the debt on his behalf had been transferred to the new lender. This can happen when a debtor performs a transaction, where the debtor does not perform his or her obligation to the lender, and after performing a series of warnings to the debtor and is not advised, the lender can take further action in the form of a debt sale called the term cessie.The research done by the authors is based on the issue of understanding in the implementation of PT. BTN Pekanbaru, and how is the process of performing a loan purchase at PT. BTN. In the process of research the author uses observation and interview methods. The author directly interviews the PT. BTN Pekanbaru. From the findings of the authors' findings it can be concluded that the understanding of the performance of the debt servicing (Cessie) is a consequence of the fact that the debtor's actions are one of the ways that the lender will advertise the cessie, and if any individual or private company buys the cessie then the parties it will be the new lender who will deal further with the lender. Where the debtor is obligated to repay the debt to the new lender. After getting the notification from the old lender in this case is PT. BTN. Where all the rights and position of the old lender will be transferred to the new lender completely. This is a risk to the debtor as a consequence of negligence or failure to comply with its obligations, as cessie is legally bound by Article 613 of the Civil Code. And the way credit lending is resolved against the lender's lending to lenders through several processes is rescheduling, reconditioning, and reorganization which, if not taken by the lender, will be taken by the bank as time goes on. Cessie will be the last choice from the bank to resolve the credit defaulter created by the lender as a form of settlement in the Home Loan Credit agreement previously made by the lender (PT. BTN) and the lenderKeywords: Debt, Agreement, Cessie
PENERAPAN SANKSI PIDANA TERHADAP TELEVISI KABEL YANG TIDAK MEMILIKI IZIN DI KABUPATEN KAMPAR BERDASARKAN UNDANG-UNDANG NOMOR 32 TAHUN 2002 TENTANG PENYIARAN Rayonnita Rayonnita; Mexsasai Indra; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Providing sanctions against cable television companies that do not have broadcast licenses is one of the crimes that harm some other businessmen. Application of legal sanctions for broadcast licenses based on Law Number 32 of 2002 concerning broadcasting licenses in Kampar Regency. Obstacles in law enforcement against broadcasting licenses based on Law Number 32 of 2002 concerning broadcasting permits. Efforts are being made to overcome barriers and law enforcement against broadcasting licenses based on Law Number 32 of 2002 concerning broadcasting licensesThis type of research is Sociological Law research, i.e. research by looking at the effectiveness of the validity of the law in the field other than that in this study the author immediately conducted a research location or place studied to provide a complete and clear picture of the problem under study. This research was conducted at the Krp Polisi Pekanbaru City Resort and the Riau Provincial Indonesian Broadcasting Commission. The population and sample are all parties related to the problem under study. Data sources used are: primary data, secondary data and tertiary data, data collection techniques using interviews and literature review.From the results of this study there are three main problems that can be concluded. First, the application of criminal sanctions against criminal acts of cable television that do not have broadcast licenses in kampar regency, even though the law enforcement process does not work in accordance with the provisions concerning Law Number 32 of 2002 concerning Broadcasting. Secondly, the weaknesses of the Regional Indonesian Broadcasting Commission in giving broadcast licenses due to problems both internally and externally within the organization of the Riau Province KPID relate to the role of the organization independently based on the Law and the decentralization of power related to the Law. Third, Overcoming the weaknesses of the Regional Indonesian Broadcasting Commission (KPID) Process, yes it does the effectiveness of Supervision of all cable television service providers in the region involving the Regional Broadcasting Commission (KPID) of Riau Province, Regional Government, and the Police to provide cable television services not to broadcast which is contrary to Broadcasting standards. The author's advice, First, It is better to apply criminal sanctions in the US to be sanctions only. Second, the dissemination of information by the Regional Indonesian Broadcasting Commission (KPID) on cable television in several districts. Third, make supervision effective for all institutions providing cable television services in the area.
PELAKSANAAN PEMBERIAN BANTUAN HUKUM TERHADAP ANAK PELAKU TINDAK PIDANA PADA TINGKAT PENYIDIKAN DI KEPOLISIAN RESOR KOTA PEKANBARU LESTARI, WIWIT; Artina, Dessy; Ferawati, Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Efforts to protect children must be started as early as possible, so that one day they can participate optimally for the development of the nation and state, one way that can be done to provide protection for children is by providing legal assistance to children who commit criminal acts. The implementation of providing legal aid is basically a process when the investigator conducts an investigation process, and the investigator notifies the suspect's right to get assistance at the beginning of the examination in accordance with applicable regulations. Therefore, the purpose of this thesis is: first, to find out the implementation of providing legal assistance to child perpetrators of crime at the level of investigation in the Pekanbaru City Police Force; Secondly, to find out the legal consequences of not providing legal assistance to child offenders at the level of investigation at the Pekanbaru City Police Department.This type of research used in this study is the sociological law meaning research obtained directly from the community or primary data research. Sources of data used, namely: primary data, secondary data and tertiary data. Data collection techniques, namely interviews and literature studies, as well as this study were analyzed using qualitative analysis.The conclusion that can be obtained from the results of the first research, the implementation of providing legal assistance to children perpetrators of crime at the level of investigation in Pekanbaru City Police in practice has not been carried out properly, not in accordance with the mandate of Article 114 of the Criminal Procedure Code and the mandate of the Law Law of the Republic of Indonesia Number 11 Year 2012 Child Criminal Justice System that that every child who commits a crime at every level of the examination must be given legal assistance. Secondly, due to the law not providing legal assistance to children who commit criminal acts at the level of investigation in the Pekanbaru City Police Department is causing defects in the enforcement of the criminal procedure law. Suggestions are expected for the future in handling criminal cases committed by children as investigators are expected to have interest, attention, dedication, and understand the problems of children. Providing legal assistance needs to be carried out in addition to complying with the mandate of the law also considering that children are not adults who have been able to take responsibility for their actions and conduct socialization regarding legal assistance to children who commit crimes, so that all communities and especially parents know that convicted children have the right to get free legal assistance.Keywords: Providing Legal Aid - Perpetrators of Crimes-Pekanbaru

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