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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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PERLINDUNGAN HUKUM TERHADAP DRIVER GO-JEK TERKAIT ORDERAN FIKTIF OLEH KONSUMEN GO-JEK DI PEKANBARU Muhammad Farqi; Firdaus Firdaus; Ulfia Hasanah
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

Indonesia’s company introduce the using of motorcycle transportationthrough the app called GO-JEK. GO-JEK is useful app for transportating.Besides, there are misuse of using this app for making a fake booking or so-calledOrderan Fiktif. It makes damnification for the driver of GO-JEK, in case ofmaterial or non-material. This gong to be a big problem for the driver. Thisresearch aims for explain: 1) caused of consumen making the fake booking order,2) the legal protection for the driver because of the case.This research used sociological approach and descriptive method bydescripting how this case occur and find the legal protection. This research took aplace in Pekanbaru city, especially in GO-JEK’s office, and some of sub-disctrictswhose having a driver’s basecamp. The sources use are primary soruce,secondary source, and tertiary source, and the method to collecting the sourcesare interview and library research.By seeing the result of this research, there are two conclusions. 1)economic element caused the case is occur, and by that we already know not onlyconsumen did the fake booking order, also the driver itself. 2) all these violationscause of based on our legal are default, the action againts law, unfair businesscometition, and deception. All the driver could do is calling the customer serviceof GO-JEK or claim to operational office. And for the GO-JEK’s side is recoverdriver’s account and giving a compentation. Researcher suggest, 1) all the driversof GO-JEK should do their business competition as good and not cheat on it, andfor all the consumens should using GO-JEK app wisely. 2) GO-JEK companyshould be doing prevention for minimalizing the fake booking order occur.Keywords : Legal Protection , Driver, Fake Booking Order.
PENEGAKAN HUKUM TERHADAP GELANDANGAN DAN PENGEMIS DI KOTA PEKANBARU H, Astrina; Artina, Dessy; 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 existence of homeless and beggars who are increasingly 'rampant' in the city of Pekanbaru, clearlydisturbing the comfort of the community, especially road users, because these homeless and beggars often roamthe intersections and streets of the city center by acting improperly. Homelessness and begging activities arequalified as a criminal offense, namely as a violation (overtredingen) in the field of public order. Bums andbeggars who disturb public order in Pekanbaru City are only given sanctions in the form of fostering and afterfostering the homeless and beggars are returned to their respective areas of origin. With a high number ofhomeless people, it cannot be denied that crimes or other criminal acts such as theft, robbery or murder willarise. Law enforcement in such disclosures can be expected to be effective because it is a violation of the lawthat can be life-threatening. Therefore the purpose of this thesis, namely: first, how is law enforcement againstbeggars and homeless people in the city of Pekanbaru? Second, what are the obstacles in law enforcementagainst beggars and homeless people in the city of Pekanbaru?This type of research used in this study is empirical juridical or sociological legal research. Empiricaljuridical research is carried out by carrying out legal identification and how the effectiveness of that lawapplies in society. Sources of data used, namely: primary data and secondary data. Data collection techniques,namely interviews and literature review, as well as this study were analyzed using qualitative analysis.The conclusion that can be obtained from the results of the first research, law enforcement of Article504 and Article 505 of the Criminal Code and Article 3 jo Article 29 (paragraph 1) of Regional RegulationNumber 12 of 2008 concerning Social Order is not yet optimal. This is proven by the fact that not all of thecriminal sanctions provided for in these provisions are carried out by the Satpol PP and Pekanbaru City Socialand Funeral Services. Second, barriers to the realization of law enforcement against homeless and beggars inthe city of Pekanbaru, are caused by lack of awareness of the community as homeless and beggars, limitedfacilities and infrastructure, weak supervision from the government and are not subject to sanctions forhomeless and beggars. Suggestions for the future are expected that the Pekanbaru City Social and FuneralService of the Civil Service Police Unit maximizes its role by continuing to pay attention and improve thequality of performance to resolve issues of social welfare that occur in the community, in addition it needs to bethoroughly evaluated and improved that must be immediately carried out by the Pekanbaru City Governmentand related law enforcement officials overcoming obstacles in law enforcement against the homeless andbeggars.Keywords: Enforcement-Homelessness and Beggars-Pekanbaru
PERLINDUNGAN HUKUM TERHADAP KONSUMEN YANG MENGGUNAKAN JASA PEMBIAYAAN KREDIT KENDARAAN BERMOTOR RODA DUA DI PT. FEDERAL INTERNATIONAL FINANCE AIR MOLEK Nadeak, Niko Ardian; Deliana, Evi; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

PT. Federal International Finance Air Molek has violated Article 7 letter (d) for notperforming an obligation by offering services that are not in accordance with Article 17paragraph 1 letter (a) of the Financial Services Authority Regulation Number 29 of 2014concerning the Implementation of Business Financing Companies regarding Advances forVehicle Financing motorized two wheels. And in offering financing services, PT. FederalInternational Finance Air Molek also does not carry out its obligations or provide consumerrights based on Act Number 8 of 1999 concerning Consumer Protection. The purpose of writingthis thesis, namely: First, In order to know the legal protection of the rights of consumers whouse two-wheeled vehicle loan financing services related to the provision of down payments ofunder 20% at Federal International Finance Air Molek. Second, to be aware of the legalconsequences caused to consumers who use two-wheeled motor vehicle loan financing servicesrelated to the provision of down payments of under 20%.This type of research is a type of sociological legal research. This research was conductedat PT. Federal International Finance branch of Air Molek, Pasir Penyu District, Indragiri HuluRegency, Riau Province. Sociological law research uses primary data and secondary data, whilethe population and sample are the parties related to the problem examined in this study. Datacollection techniques in this research were interviews and literature study.From the results of the research problem there are two main things that can be concluded.First, the Financing Company of PT. Federal International Finance does not provide consumerrights regarding the provision of true, clear and honest information about advances offered forfinancing services that are not in accordance with article 17 paragraph 1 of the FinancialServices Authority Regulation Number 29 of 2014. Second, the consequences arising from thegranting of motorized vehicle credit two related to a down payment of under 20% at PT. FIF ismostly caused by consumers, such as being unable to pay monthly installments, lost objects,transfer of objects without the knowledge of the finance company which in this case results indisruption of financing experienced by PT. Federal International Finance, this is due to lack ofinformation regarding financing agreements, and financing agreements offered by PT. FederalInternational Finance is not in accordance or contrary to the legal terms of the agreement, thenthe financing agreement is considered null and void, meaning that from the beginning theagreement was considered to have never existed.Keywords: Consumer Protection - Financing Services - Advance Financing - FinancingAgreement - PT. Federal International Finance
PERLINDUNGAN HUKUM TERHADAP KONSUMEN ATAS PELAYANAN DAN JASA PRAKTIK TUKANG GIGI DI KOTA PEKANBARU Bilqis, Maharani; Bachtiar, Maryati; 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

Legal protection against consumers is an attempt to protect the use of an item and / or service.Consumers are persons who use goods and / or services that have the right to obtain comfort andsecurity in the use of goods and / or services. Corporate actors are persons who provide goods and / orservices that are responsible to consumers who are harmed by the corporate actor. Problems that occurwith dental services in the city of Pekanbaru, consumers do not receive services that meet the standardsof dental work.The purpose of this document is to determine the legal protection of consumers of dental servicesand the responsibility of dental professionals for the rights of consumers of dental services that are notmet.This type of research is classified according to the type of sociological research, as the authors inthis study conducted a study in the city of Pekanbaru, while the population and samples were all partiesthat were related to the problems studied in this study. Data sources used were primary data, secondarydata and tertiary data. Data collection techniques in this study with observations, interviews and librarystudies, which are information obtained from data in the field.From the results of the study, two main points can be derived. First, the state's legal effortstowards consumers and business operators are the issuance of Consumer Protection Law No. 8 of 1999in order to reconcile the position of consumers with the business community. In addition to the 2014issue of PERMENKES number 39 for consultation, monitoring and licensing, Dental Work includes therights and responsibilities of consumers as patients of dental professionals and dental professionals astraders. Secondly, dental tradespeople act as business actors for the services provided, so thatconsumers can be protected from practices that may result in losses that are subject to administrativesanctions in the event of a breach of contract, temporary termination or permanent termination. Author'ssuggestion: Firstly, there are regular instructions for dental craftsmen by the local government, theHealth Department of the city of Pekanbaru. Secondly, it is recommended that consumers actively seekinformation before using the services of dental professionals, as dentists differ from dentists. Third,dental craftsmen act as business operators to carry out their activities in accordance with applicablelaws and regulations.Keywords: Dental Builders – Consumer - Legal
IMPLEMENTASI PELAKSANAAN HAK ASASI TERSANGKA TINDAK PIDANA PELANGGARAN PASAL 310 AYAT 4 UNDANG-UNDANG NO 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN (STUDI KASUS DI KEPOLISIAN RESOR KUANTAN SINGINGI) Afrianti, Henny; Effendi, Erdianto; Diana, Ledy
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

Human rights are the rights of every individual that must be protected and must be respected by everyone. In Indonesia, human rights are explicitly stated in the Post-Amendment 1945 Constitution. Likewise, the human rights of the perpetrators or suspects in criminal offenses in violation of Article 310 Paragraph (4) due to their negligence cause traffic accidents resulting in other deaths. In this case the referred human rights in the form of legal protection of perpetrators or suspects. Legal protection for victims of traffic accidents must be provided, as well as legal protection for offenders because of negligence is entitled to get the same protection. Because in these accidents often the mistakes are not entirely from traffic violators, negligence can be done by the victims themselves.The purpose of writing this thesis, namely: First, to find out whether fully carried out human rights against perpetrators of traffic violators or suspects because of negligence caused traffic accidents and caused others to die, Second, to find out the obstacles in implementing human rights against perpetrators of past violators cross or suspect. The research method used in this study is the type of sociological research, namely the interview method within the Kuantan Singingi Police Department.From the results of the study, based on two problem formulations can be concluded. First, the implementation of the human rights of a criminal offense in violation of Article 310 Paragraph (4) of Law Number 22 Year 2009 concerning Traffic and Road Transportation in the Kuantan Singingi Police Station in the form of legal protection for suspects is still not fully fulfilled, there are rights of the suspect which have not yet been achieved, among these rights are legal protection such as: the perpetrator is immediately secured at the nearest police station, detains the perpetrator, provides understanding / understanding to the perpetrator, makes arrests based on the rules stipulated in the Criminal Procedure Code . Second, the obstacles faced by the Kuantan Singingi District Police in carrying out the rights of suspects in traffic offenses namely the victim's family do not want to do an autopsy examination of the bodies of the accident victims, the perpetrators are difficult to question, ask the police not to proceed with the case to court, it is difficult looking for witnesses in the incident, There is a mutual agreement between the parties, the limited number of state lawyers in Kuantan Singingi Regency for suspects, cell rooms or detainees that are still lacking for suspects in traffic accident cases.Keywords: Implementation - HAM - Suspect - Traffic Accident
PENERAPAN PERLINDUNGAN HAK KONSUMEN TERHADAP PEMAKAI PRODUK VAPOR LIQUID DILAKUKAN OLEH PENJUAL VAPOR LIQUID Sagala, Alberto Syahputra; Firdaus, Firdaus; 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

Protection of consumers requires that there be partiality to the weak(consumers). Every decision concerning the interests of the lives of many peoplemust be oriented towards the public interest. The desire to be achieved inprotecting consumers is to create a sense of security for consumers in fulfillingtheir daily needs. In short, all efforts intended to protect consumers are not onlypreventive measures, but also repressive actions in all areas of protection given toconsumers. One of the rights is the right to correct, clear and honest informationabout the condition and guarantee of goods and / or services.Products circulating in the community that do not comply with LawNumber 8 of 1999 concerning Consumer Protection. Especially for Article 4 (c),Article 8 (i) and (j), namely about product information. Vapor liquid (ElectricCigarette) is a product that has no information and is based on data that isprocessed, Liquid ingredients are very dangerous for Humans.The Ministry of Health of the Republic of Indonesia publishes the dangersof e-cigarettes, that Electronic Cigarettes (Ecs) or Electronic Nicotine DeliverySystem (ENDS) are devices that function to convert chemicals into steam anddrain them into the lungs, where they are a mixture of substances such as nicotineand propylene glicoli. ECS / ENDS consists of evaporator components,rechargeable batteries, electronic regulators and liquid containers that will beevaporated. Until now, the safety of ENDS has not been proven to be scientificallysafe, because it is suspected that these substances contain dangerous substancessuch as nicotine and high concentrations of propylene glycol, which is an irritantthat is inhaled. Based on tests by the Food and Drug Administration (FDA), someproducts also contain diethylene glycol, which is a chemical used to poison.The purpose of this thesis is: First, to find out whether the sales of vaporliquids made by business actors are in accordance with the applicableregulations, Secondly, to find out how the efforts of businesses in protecting theconsumer rights of vapor liquidThis type of research is sociological research orresearch that wants to see the correlation between society and law. The results ofthis study are two points concluded. First, sales of vapor liquids in accordancewith applicable regulations. Second, the efforts made by business actors inprotecting consumer rights.Keywords: Consumer rights - Liquid -Vapor information - Legal efforts
TINJAUAN YURIDIS PENERAPAN ASAS NON-SELF INCRIMINATION TERHADAP SAKSI MAHKOTA DALAM HUKUM ACARA PIDANA INDONESIA Simanjuntak, Febri Nolin; Indra, Mexsasai; Erdiansyah, Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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In criminal procedural law, witnesses can be divided into several forms, one of which is a crownwitness or a crown witness. The crown witness is a witness originating from or taken from one of the othersuspects or defendants who jointly committed a criminal act in the event that the witness was given a crown.Crown witnesses themselves are not regulated in detail in the Criminal Procedure Code. To be able to makea suspect or defendant as a crown witness must be carried out through the procedure of solving the case filewhich is the authority of the Public Prosecutor. The use of crown witnesses in uncovering a case still posesa problem, because the use of a crown witness is not in accordance with the system of evidence and themodel of the criminal justice system in force in Indonesia.The research entitled "The Application of the Principles of Non-Self Incrimination to CrownWitnesses in the Indonesian Criminal Procedure Code" aims to determine the application of the principle ofnon-self incrimination to crown witnesses and to describe the ideal arrangement for crown witnesses inIndonesian criminal procedure law.This research is normative research or library research. In this study, the authors chose research onlegal principles, namely the principle of non-self incrimination and comparison of law. The data used in thisstudy is secondary data. Then the data is analyzed qualitatively. The theoretical foundation used is thetheory of proof and the concept of the criminal justice system.The results of the study indicate that the application of the principle of non-self incrimination tocrown witnesses is not in accordance with the rules of law stipulated in the Indonesian Criminal ProcedureCode. This can be proven by a system of evidence adopted in Indonesia, where many legal rules regardingthe validity of an evidence in a criminal case are violated and there is a discrepancy between the existingcriminal justice system model and the rules governing the crown witnesses.Keywords : Non-Self Incrimination Principle, Witness Mahkota, Indonesian Criminal Procedure Code.
PELAKSANAAN KEWENANGAN PEMERINTAH KOTA PEKENBARU TERHADAP PENYALAHGUNAAN IZIN MOVIE BOX DI KOTA PEKANBARU BERDASARKAN PERDA NOMOR 3 TAHUN 2002 TENTANG HIBURAN UMUM Afandi, Irfan; Firdaus, Emilda; Artina, Dessy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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With the enactment of Law Number 3 of 2002 concerning RegionalGovernments, regions are required to organize their own government and managetheir regions in the hope of accelerating the creation of public welfare. The birthof a general policy is a step taken by the government to resolve public issues. insociety. Policy is a patterned action intended to achieve certain goals. In an effortto maintain security, order and stability in development and pay attention to theevolving aspirations in the religious and cultured society of Pekanbaru City.The problem that the author makes the basis of this research is how theimplementation of the authority of the Pekanbaru City government against themisuse of the Movie Box permit in Pekabaru City, are the inhibiting factors facedby the Pekanbaru City government in exercising authority over the Movie Box inPekanbaru City and how the Government has made efforts City of Pekanbaruagainst abuse of Movie BoX permits in Pekanbaru CityThis research was conducted at the Pekanbaru City Satpol and the IntegratedOne Door Investment Service, the data sources used were: primary data andsecondary data, data collection techniques in this study by observation, interviewsand literature review.The results of this study are first. The implementation of the authority of thePekanbaru city government against the abuse of movie box permits in the city ofPekanbaru is not yet in accordance with what should be done by the Pekanbarucity government or not yet optimal, there are still many violations related tooperational hours and as a place of prostitution by some people, proving thatcitizenship Pekanbaru city government is not yet in line with what is expected ornot optimal. The two factors inhibiting the implementation of the policy ofPekanbaru City government are as follows: communication and resources, thethree efforts made by Pekanbaru City Government in overcoming the abuse ofMovie Box permits in Pekanbaru City by first conducting surveillance towards theMovie Box, the second performs a inspection of the Movie Box, the third writesthe Movie Box that violates permissions and finally takes actions such as closingtemporarily the Movie Box that violates permissions or closes forever Lahipermission.Keywords: permission, supervision, policy, Movie Box
Gagasan Yuridis Gratifikasi Seksual Sebagai Bentuk Tindak Pidana Korupsi Di Indonesia Rahayu, Ayda; Artina, Dessy; Rahmadan, Davit
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Corruption is an enemy of every country in the world, and we all know that money is the mainsource of corruption. Lubis and Scott in their view of corruption say: "in the legal sense, corruption isbehavior that benefits self-interest by harming others by government officials who directly violate legalboundaries over such behavior, whereas according to government norms can be considered corruption ifthe law is violated or not in the business the action is despicable ". This criminal offense not only harmsstate finances, but also violates the social and economic rights of the community.This research is sociological or empirical research, namely the type of research that usescommunity assumptions in looking for facts that occur in the field to answer an existing problem. Thisresearch was carried out in the Riau High Prosecutor's jurisdiction. While the population and sample areparties related to the problems examined in this study, the data sources used, primary data, secondary data,and tertiary data. The technique of collecting data in this study was through interviews and literaturereview.From the results of the research the authors did can be concluded, firstThe role of the Riau High Prosecutor's Intelligence in the disclosure of alleged criminal acts ofcorruption is to conduct judicial intelligence activities and operations or investigations to collect data orinformation that can be used as evidence about whether or not a corruption has occurred which is thensubmitted to the Chairperson or party have an interest in further decision making. The obstacles faced byRiau High Prosecutor Intelligence in uncovering alleged corruption in the Riau High Prosecutor's lawregion, namely human resource (HR) factors, the factors of legislation that were felt to be incompatible withthe demands of community development, the difficulty factor for the Prosecutor Intelligence in obtainevidence in the form of letters, valuable documents, and related assets, factors in the lack of fundsallocation, factors in lack of coordination by the Prosecutor's Intelligence with related agencies, and factorsin the lack of planning carried out by Riau Prosecutor's Intelligence Office.Keywords: Juridical Ideas - Sexual Gratification - Corruption Crime.
ANALISIS HUKUM TENTANG TINGKAT KESADARAN MASYARAKAT DALAM MELAPORKAN TINDAK PIDANA PENCURIAN KEPADA PIHAK KEPOLISIAN DI KOTA PEKANBARU Safira, Dini Adelia; Effendi, Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

In big cities like Pekanbaru City, many crimes occur because of a very dense population, a difficulteconomy, low education, and limited employment. As for crime, the intensity of which is currently increasingis theft. Whether it's theft in the house, or in crowded places such as in markets, on the streets, in publictransportation, and various other places. Indirectly, crime reports by the public can prevent the occurrenceof similar crimes from happening to others. By processing legally and providing a deterrent effect for theperpetrators to reduce other victims. The purpose of this thesis is; First, to find out the factors that influencethe community tend not to report criminal acts to the police, Second, to find out law enforcement efforts inincreasing public legal awareness.This type of research is sociological, because in this study the authors directly conducted research atthe location under study, in order to provide a complete picture of the problem under study. This researchwas conducted at the Pekanbaru City Police Department, while the population and sample were all partiesrelated to the problem studied in this study, the data sources used were primary data and secondary data,data collection techniques in this study with questionnaires, interviews, and studies literature.From the results of the study there were two main points that were concluded; First, the factors thatinfluence the community tend not to report criminal acts to the police in Pekanbaru City consist of nocertainty of stolen goods returned, a complicated process that requires no small cost, does not have legalknowledge, and does not have time to report. Second, law enforcement efforts in increasing public legalawareness are to increase cooperation between the police and the community, efforts to prevent crime andeducative efforts. The author's suggestion, First, To the Pekanbaru City Police Department can increasepublic legal awareness by conducting counseling, seminars, and other activities regarding the importance ofunderstanding the law and being in accordance with the law. Second, to the community to be able tocooperate and participate with the police in protecting the shared environment.Keywords : Legal Analysis ‒ Crime of Theft – Legal Awareness

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