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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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ANALISIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 14/PUU-XI/2013 TENTANG PENGUJIAN UNDANG-UNDANG NOMOR 42 TAHUN 2008 TENTANG PEMILIHAN UMUM PRESIDEN DAN WAKIL PRESIDEN TERHADAP UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 Rudy Andika Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

In principle, in deciding the case of judicial review, the Constitutional Court can only act as a negative legislator, means that only the Constitutional Court can declare chapter, paragraph, section or all norms of law contrary to the Constitution of 1945, and is no longer have binding force. It is as defined in Article 56 and Article 54 of Law No. 8 of 2011 on the Constitutional Court. However, in the development, the Constitutional Court made several decisions that do not just cancel the norm, but also make the decision that is set (positive Legislature). In a normative juridical perspective, judicial activism actions that lead to positive position Legislature, is not in accordance with the article above and beyond the limits impressed. Yet, when examined, several decisions of the Constitutional Court which is positive and the Legislature would indicate evidence of progressive law enforcement.This type of research can be classified into types of normative legal research, namely the law library. In a study author conducted a study of the principles of law and legal systematics dotted benchmarks of areas specific legal system, by conducting the identification prior to the legal rules that have been formulated in the specific legislation, the data sources used, the data primary, secondary data, and the data tertiary.From the research, there are three main issues that can be inferred First, The Supreme Court judgment is a link between the system of elections and the presidential system of government, the original intent of the framer of the 1945 Constitution, as well as the effectiveness and efficiency of elections, as well as the right of citizens to vote intelligent. Second, the Constitutional Court Decision No. 14 / PUU-XI / 2013 in accordance with Law No. 8 of 2011 on the amendment of Act No. 24 of 2003 on the Constitutional Court and the Constitutional Court Procedural Law. Third, the legal implications of that happening is to change the electoral system itself and also resulted to the removal of the articles that were canceled and must be followed by the existence of a new law for the administration of elections itself, reduction in election funding and provide more space widely to the public to participate in the election itself and protect the rights of society. Suggestions writer, is expected to governments and the Commission to make regulations containing the results of the decision of the Constitutional Court Number 14 / PUU-XI / 2013..Keywords: Analysis - Decision of the Constitutional Court – Judicial Review - Constitution
PERANAN DINAS SOSIAL DAN PEMAKAMAN KOTA PEKANBARU DALAM REHABILITASI SOSIAL DI KOTA PEKANBARU Suherman, Lilik; Firdaus, Emilda; Indra, Mexsasai
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Social services and the funeral the city of Pekanbaru in order to execute the work through the field of rehabilitation, social do the various efforts to top donor problem of social welfare inthe city pekanbaru, however the efforts that have been done that face varoety of obstacle that can be overcome and the effort to do can be run in optimum. This research was given the title role of social services and the funeral the city of pekanbaru. This problem research is whether factors being the cause of the top donor problem of social welfare in the city Pekanbaru, are factors to be obstacles of social services and the funeral the city of Pekanbaru, how did attempt to do social services and the funural the city of Pekanbaru overcome obstacles and social rehabilitation in the city Pekanbaru.This type of research can be classified in this type of juridical sociological research directly on the location or place under study with the source of data primary and secondary, the technique of gathering data from interviews and literature study with analisis and deskriptif kualitatif and method of with drawal conclusions to be made deduktif.The result of the research show factor is poverty,stranded, tuna social, remote, the left, unemployment, human resouces, value individualistik and philosophical value of culture started eroded, culture society konsumtif, obtaclesis an appropriate field of social rehabilitation is limited, human resources less adequate, budget not adequate, the rehabilitation of social a little bit and role as well as the public yet optimum the effort in to overcome obstacles is increased efetifitas kinerja, knowledge and experience of the work, the addition of employees, the field of social rehabilitation, improve the quality of the commencement pembinaan and training effectively, the development of the social bina work, visits to others.Keyword : Role- Social Services and Funeral- Rehabilitation Social
TINJAUAN YURIDIS TERHADAP UPAYA PENENTUAN NASIB SENDIRIANTARA CRIMEA DENGAN UKRAINA Yunita Sari; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Abstract

Inthe internationallawthere is aprinciple ofself-determination, which is part ofHuman Rights, but theprinciple ofthe right to determinetheir ownis still acomplicatedissue. Bothat the level ofthe conceptualandlegaldebateand at the levelof realpolitics in manyregions of the world. The purpose of this research are, first to know self-determination ofthe peopleCrimeain accordancewith therulesof International Law, secondto know legality ofthe referendum conductedby theCrimeanresidents whosupport theseparationof the UkraineandjoinRussia, third to know Howothercountriesrecognitionof theresults of the referendumcitizensof Crimea. This case study further discuses about the principles of law and comparison of law. Source of data used are secondary data source of obtained from the literature, among others,includeofficial documents, books, research resultsin the form ofreportsandso on. The conclusion of theresearchare,firstSelf-determinationis aprincipleembodied ininternationallaw, wheresuch rightshave been formulatedinthe UN Charter. Self-determinationreferendumconductedby means ofCrimeahas a goaltosecedefromUkraineandjoinRussia. Second, theimplementation of thereferendumshouldcomply withprovisionsof Crimeain accordancewith the principlesof international law.Third, recognitionininternationallawis afairlycomplexissuebecauseonceinvolvelegaland politicalissues. in the case ofCrimearecognitionin the reviewbased on thedeclarativetheory. Keywords: Effort-Determination-fate-Self-Crimea
IMPLIKASI HUKUM INTERNASIONAL PADA FLIGHT INFORMATION REGION (FIR) SINGAPURA ATAS WILAYAH UDARA INDONESIA TERHADAP KEDAULATAN NEGARA KESATUAN REPUBLIK INDONESIA Eco Silalahi; Maryati Bachtiar; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Abstract

The sovereignty of a country is the highest power state of that country how to govern and enforce the law in the territory. As one of the largest country in the world, Indonesia was not sovereign over the territory, in particular airspace. The airspace of Riau Islands and Natuna until 1946 is controlled by Flight Information Region (FIR) Singapore. It means that every flight in that airspace must received permission from Singapore, including Indonesia itself. Indonesia is supposed to be ruling all of Indonesia territory without delegating to any party.According to above description, The author is interested to doing research with the title Implication of the International law in Flight Information Region Upper the Airspace of Indonesia Againts Sovereignty of the Republic of Indonesia. This thesis aims to determine how the navigation settings in Indonesia. Furthermore, to determine the implications of the delegation the airspace of Riau Islands and Natuna to Singapore FIR against Indonesian sovereignty.In the thesis, the author uses the method of normative legal research. Data sources supported by the data source of primary, secondary and tertiary. While data collection techniques is the study of literature and study data using deductive method is to analyze the problems of a general nature and then drawn to a conclusion in particular based on existing theory.The results of the discussions in this thesis is, first, Flight navigation settings in Indonesian airspace divided into three, namely, Jakarta FIR which covers the western part of the Borneo island to the western part of Indonesia began western part of Central Java and Christmas Island belongs to Australia. Ujung Pandang FIR covers the eastern part of Indonesia, ranging from the eastern part of the island of Borneo, and East Java up to Papua, plus one FIR Singapore covering airspace Riau and Natuna Islands, which is divided into three sectors, namely A, B and C. Second, the implications of the delegation of airspace and Natuna the Riau Islands to Singapore FIR against Indonesia is divided into three, namely, the first in the fields of politics will affect the position of Indonesia in the civil aviation of world that have an impact on the public's view of the ability of Indonesia, especially in the flight will be low-cost. In economics, income from fee of airspace across Riau Islands and Natuna is not achieved by Indonesia as full as must be, because Singapore collects the fee does not provide the transparency of the number of flights across the region. Finally, in the field of defense and security, Indonesia must be vigilant because the area is also used by Singapore to conduct military exercises. So can damage parts of Indonesia and Indonesian security defense harm.Keywords: Implications, delegation, airspace, FIR Singapore
KEPASTIAN HUKUM DALAM PROSES PERADILAN ATAS DUA LAPORAN PERBUATAN PIDANA YANG BERBEDA DALAM PERISTIWA YANG SAMA OLEH PENGADILAN Hasibuan, Riski Wandy; ', Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Abstract

The Republic of Indonesia is a constitutional state based on Pancasila and the Constitution of 1945 by upholding moral values, ethics, character, and personality noble nation, faith, and fear of God Almighty, respecting diversity in social life, nation and the state, as well as to protect the dignity of every citizen. State law rests on keyakinanan that state power must be run on the basis of fair and good law. The purpose of the law of the state is able to create comfort and order in the society, but it is also the most substantial legal purpose is to promote justice in society and the creation of legal certainty and expediency. From the above results of the exposure, the authors are interested in discussing Rule of Law in Judicial Proceedings Top Two Different Report of Criminal Acts in the same incident by the Court.The purpose of this study was to determine the legal certainty in issues involving Yuli Rahmawati persecution and Murya Supreme Goddess and legal safeguards for citizens against state tyranny.This study is a descriptive normative research, which consists of primary data, secondary and tertiary. Data collection tools in the form of literature studies or studies document. The data have been collected and grouped be analyzed qualitatively and diseimpulkan deductively.Legal certainty in criminal court ruling that gave birth to two people convicted basically not run well as what to expect countries that have declared themselves as a state based on law. Legal certainty means a country's legal system capable of guaranteeing the rights and obligations of every citizen. And then known as crimen crimen sine lege principle, which is the goal provide legal protection for citizens against state tyranny. Because the essence of the rule of law is a matter of protection of acts of arbitrariness. To ensure legal certainty there should be codified, which is the effort to record the written regulations are still separated into a book systematically. The main purpose is to abolish laws that are outside the statute books with the aim to achieve a maximum of legal certainty in the community. And to achieve the goals of criminal procedural law is that it can find the real truth of the material.Keywords: State, Law, Legal Certainty
TINJAUAN YURIDIS TERHADAP PUTUSAN BEBAS DALAM PERKARA NOMOR 113/PID/2011/PTR TENTANG PEMBUNUHAN BERENCANA Daulay, Rahmat Tua; ', Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Abstract

The judiciary is a search for truth and justice, each case in all legal proceedings filed by the law enforcement community must be able to perform legal certainty for every decision the judges who examined the case. Administration of justice, especially at the level of the court can not also ignore the role of law enforcement. To realize an independent judiciary and impartiality need for harmonious integration work between all the law enforcement investigators Prosecutors and Judges. Judge high integrity is indispensable for the realization of a court ruling in accordance with the sense of justice. Acquittal handed down by Judge High Court of Riau with the case number 113 / pid / 2011 / ptr who originally prosecuted in state court defendant Sujarwo Pengaraian sand that has been in the prison sentence by a judge for 17 years with violating Article 340 of Jo Article 55 paragraph (1 ) -1 to the Criminal Code that is murder. From the above results of the exposure, the authors are interested in discussing about the Juridical Review Verdict Against Free In Case No. 113 / Pid / 2011 / Ptr About Murder Plan. The purpose of this study was to determine the law and legal reasoning of the judge in a criminal case number 113 / pid / 2011 / ptr. This study is a descriptive normative research, which consists of primary data, secondary and tertiary. Data collection tools in the form of literature studies or studies document. The data have been collected and grouped be analyzed qualitatively and deductively inferred.Legal consideration by the judges in the case number 113 / PID / 2011 / PTR that no one really convincing evidence that the defendant violated Article 340 of the Criminal Code Sujarwo conjunction with Article 55 paragraph (1) All 2 of the Criminal Code as it has been in previous criminal sentenced by assembly District Court Judge Sand Pengaraian. The judge must not convict to a no two legal evidence.It is better to release a thousand guilty persons than to punish one innocent person.Keywords: Justice, Law Enforcement, Decision
PENEGAKAN HUKUM TERHADAP KASUS PERBUATAN MAIN HAKIM SENDIRI (EIGENRICHTING) DI WILAYAH HUKUM KEPOLISIAN SEKTOR CERENTI Rayon Syaputra; Erdianto '; Mexsasai Indra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Abstract

Every Indonesian citizens were equal before the law even if someone is a perpetrator, so that legislation prohibits any act of vigilantism (eigenrichting) conducted by the public against criminals. The act of vigilantism (eigenrichting) occurs due to lack of disbelief law enforcement community will be added again weak public awareness of the law itself. Acts of vigilantism in our criminal law is not specifically regulated, but the perpetrators could use the existing provisions in the Criminal Code. Therefore it is necessary to conduct law enforcement vigilante (eigenrichting). But law enforcement against acts of vigilantism (eigenrichting) in the Police Sector jurisdiction Cerenti do not maximized.As for the purpose of this research was to determine the factors that cause people to do acts of vigilantism (eigenrichting) in the jurisdiction of the Police Sector Cerenti, then to determine the constraints on law enforcement in cases of acts of vigilantism (eigenrichting) in the jurisdiction of Police Cerenti sector, as well as to know what is being done to overcome the obstacles in law enforcement against acts of vigilantism (eigenrichting) in the jurisdiction of the Police Sector Cerenti.This study is included in the juridical sociological research that is consistent with the fact that life in society. While the nature of this research is descriptive that provides a clear and detailed picture of the problems studied. The data used is primary data obtained directly from the field, as well as secondary data derived from primary legal materials, secondary and tertiary. Means of data collection is done by interviews, questionnaires, and review of the literature. In the analyzes carried out by means of qualitative and deductive method of thinking.The result of this study is that the cause of the community vigilante acts are due to lack of public confidence terhadapa law enforcement officers, and the weak level of awareness of society itself against the law. The constraints faced by law enforcement in cases of vigilante action is due to insufficient numbers of police personnel Cerenti sector, as well as the concerns of the Police Sector Cerenti in implementing the rule of law. The efforts made to overcome such obstacles Polsek- always coordinate with the nearest police station in order to cover the amount of personnel is lacking, as well as motivation memmberikan to the apparatus to be more propesional and are not afraid to carry out their duties.Keywords: Law Enforcement - Eigenrichting - Offence
TINJAUAN YURIDIS TERHADAP MALPRAKTIK YANG DILAKUKAN OLEH PERAWAT PADA RUMAH SAKIT SWASTA (ANALISIS DARI PERSPEKTIF HUKUM PERDATA) Shinta Permata Sari; Firdaus '; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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In the case of demage which often suffer bypatient consequenced the mistake and/orfailure by healthy persons (especially nurse) because didn’t do their practice based on profesionof standard, at this moment the society has been knowed and has consciousness completelytowards law in occur. So, if healthy of service which the patients received not optimal evenappeared the bad condition or has bee happened malpractice, the society would proposed claimto healthy service and healthy persons who worked in becaused of demage. More the malpracticecase doing by nurse, claimed responsibility of law on their action. The purpose from written thisscripsion are; The first, The Responsibility of Private A Nurse of The Private Hospital WhoDone Malpractice To Patient, The Second, The Eforts of Law Which Done by Patient Towards ANurse Done Malpractice. The conclusion are, The first, the responsibility of private a nurse ofprivate on malpractice done towards the patient is submit to contract agreement between a nurseand the hospital, which based on Pasal 1601 jo. 1601a KUHPerdata. If in contract agreementwhich made between the nurse with the private hospital said certainly if the nurse responsibilityaccording to law based on the mistake consequenced by doing them, so the nurse shouldresponsibility to paid that demage, based on Pasal 1365 jo. 1366 KUHPerdata, and Pasal 58 ayat(1) Undang-undang Kesehatan. The second, the patient could do the eforts of law, like litigationand non litigation. Writter suggest, The first, the government should made regulation shelf whichregulated about malpractice doing by healthy persons (included nurse), so that there is umbrellaof law especially about malpractice. The second, Undang-undang Keperawatan need to revisionbecaused nothing regulated about responsibility of nurse if they do the malpractice. LawEnforcer so that interpretation to used private punishment which included Kitab Undang-UndangHukum Perdata as one of instrument of law which still occured in Indonesia untill this moment.Key words: Malpractice – Nurse – Demage – Responsibility of Private – The Private Hospital
KEDUDUKAN HUKUM PERJANJIAN TERAPEUTIK (ANTARA RUMAH SAKIT DAN PASIEN) DALAM PERSETUJUAN TINDAKAN MEDIK MENURUT KITAB UNDANG-UNDANG HUKUM PERDATA Novika, Rozi Oktri; Hanifah, Mardalena; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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At first the legal relationship between doctor and patient are vertical or paternalistic, but now changed along with the times and technological advances into horizontal contractual relationship, resulting in an agreement known as therapeutic agreement. The purpose from written this scripsion are; The First, the legal position of the therapeutic agreement (between the general hospital Dumai city and patients) in the approval of medical action under Article 1320 of the Civil Code, The Second, the rights and obligations of the parties in the therapeutic agreement (between the general hospital Dumai city and patients) in the approval medical action. This research method is a kind of normative legal research to the general principles of law.The conclusion are, The First, position regarding the legal agreement between the hospital and the patient does not create certainty, because under Article 1320 of the Civil Code or suitability konsesualisme opinion both parties must not only one party only. So if there is negligence or fault of health workers, patients would be difficult to prosecute.The Second, On approval of the installation of WSD (Water Seal Drainage) medical action in district general hospitals Dumai city, when seen in the agreement is not known who the doctor in charge, will cause the loss of the patient, because in case of errors or omissions committed the doctor, is not known to whom the patient will sueThis gives enormous influence to the patient in terms of asking for legal protection. Writter suggest, The First, the government should made law that specifically regulate this therapeutic agreement format, so that the uniformity of format in every hospital agreement. The Second, We recommend necessary to establish regulations governing the therapeutic agreement that it will also include the rights and obligations of the parties, so that there are special rules governing it and also establishes strict sanctions for health workers are guilty of negligence. So that health workers do their job very carefully and do not give rise to many more victims. Keywords: Therapeutic Agreement - hospital- Patients -Approval Medik
PELAKSANAAN PERJANJIAN PENYELESAIAN HUTANG ANTARA PT. DURI INDAH RAYA DENGAN PT. ADHI KARYA (PERSERO)Tbk Hans M, Aryo Mitra; ', Firdaus; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Abstract

The Implementation of a debt settlement agreement between PT. Duri Indah Raya and PT. Adhi Karya (Persero) Tbk begins with the debt of a cooperation agreement between both parties on the construction of Mall Duri . The payment that must be paid by PT. Duri Indah Raya is always less and late to PT. Adhi Karya and it makes the debt. Due to the debt, both parties agreed to finish it by converting a portion of the placement or placement into the PT. Adhi Karya Tbk by PT. Toward the effort to finish the debt between both parties, the problem is not resolved. The purpose of this study was to investigate the implementation of a debt settlement agreement between PT. Duri Indah Raya and PT. Adhi Karya, to determine what legal action can be taken to solve the problems of accounts payable of development cooperation agreements of PT Mall Duri between PT. Duri Indah Raya and PT. Adhi Karya. This type of research can is juridical empirical research, because in this study the authors directly conduct research on the location or place under study. From the research, there are two fundamental issues that will be concluded. Debts arising between PT. Duri Indah Raya and PT. Adhi Karya is preceded by the presence of a cooperation agreement between PT. Duri Indah Raya and PT. Adhi Karya Tbk about Duri Mall development. PT. Duri Indah Raya always late and less make payments on any payment. Then the parties agreed to settle the debt by converting a portion of the PT. Duri Indah Raya into placement or investment in shares of PT. Adhi Karya. However, the various efforts made by the parties, the debt still remains unresolved. Suggestions that there firmness of PT. Adhi Karya and if necessary legal measures both non-litigation and litigation to resolve their debt problems.Keywords: Implementation - Agreement - Debt Settlement

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