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INDONESIA
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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ANALISIS HUKUM PELAKSANAAN PEMBIAYAAN TALANGAN UMROH BERDASARKAN AKAD IJARAH DALAM PERJANJIAN PEMBIAYAAN UMROH DI PEKANBARU Firmansyah, Doni; Jayakusuma, Zulfikar; Fitriani, Riska
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 presence of one of the financing institutions, namely consumer finance companies in Indonesia today, especially in the city of Pekanbaru is inseparable from the problem of secondary needs that must be met by every member of the community. This consumer finance company is very helpful to ease the burden of consumers when compared to business transactions in the form of cash or cash. With the interest and needs of the community to perform Umrah but have limited funds, this Umrah bailout product is one solution. This Umrah bailout product has a great opportunity because the population of Indonesia is a majority of Muslims and supported by optimal marketing.PT Bess Syariah is one of the financial institutions in the city of Pekanbaru.This type of research can be classified in the type sociological juridical research. The research was conducted at PT Bess Syariah in pekanbaru city. Sociological law research uses primary data and secondary data,while population and sample are the parties related to problem studied in this research. Technique of collecting data in this research by interview and literature study. From the results of the problem research there are three points that can be concluded first. The regulation on umrah financing based on the ijarah principle is regulated based on the DSN-MUI no. 9 fatwa on ijarah financing, but there are still differences of opinion among the ulama regarding the halal law. issued PMA No. 8 of 2018 concerning the implementation of Umrah pilgrimage services which had banned the financing of the bailout. Second, the Umrah bailout financing carried out by Pt. Bess Syariah does not fully implement sharia principles based on the provisions in the DSN_MUI No 19 fatwa regarding ijarah financing as evidenced by the use of collateral objects which are not regulated in the MUI fatwa. Third, the parties who are still committing violations can be subject to sanctions contained in article 41 paragraph (1) PMA No. 8 of 2018, which says "PPIU that violates the provisions referred to in Article 12, is subject to written warning sanctions", in paragraph (2) " PPIU which repeats violations as referred to in paragraph (1) shall be subject to sanctions for suspension of operating licenses no later than 2 (two) years ".Keywords: Financing, Ijarah
PELAKSANAAN PERJANJIAN JUAL BELI MENGGUNAKAN SISTEM IJON ANTARA PETANI KELAPA DENGAN TAUKE DI KECAMATAN TEMPULING Ulfasari, Sofiya; 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

Most of the people of Sungai Salak Village, Tempuling Subdistrict work as farmers. Farming incoconut groves is the biggest choice because of this region. The crops are sold using the bonded system,namely the debt repayment system with these harvests that have been carried out for generations by thecommunity in Sungai Salak Village. Farmers who owe to the tauke must make debt payments to the tauke,namely by cutting the coconut payment from the tauke to the farmers, deducted from the sale of theircoconut harvest at a low price. using a bonded system between coconut farmers and a tauke in TempulingSubdistrict, Indragiri Hilir Regency has given justice or injustice between the two parties. Second, to find aresolution so that the implementation of a sale and purchase agreement using the bonded system givesjustice.This type of research can be classified into the type of juridical social research, because in thisstudy the author immediately conducts research on the location or place under study in order to provide acomplete and clear picture of the problem under study.Based on the results of the problem research there are two main things that can be concluded.First, unequal rights and obligations where the cheap price of coconut for the price of coconut that is set isRp. 1,800 to Rp. 2,300, - the price is below the market price of coconut in Indragiri Hilir which is Rp. 3,810/ kilogram. Farmers do not participate in determining coconut tariffs. Second, the Resolution for theImplementation of the Sale and Purchase Agreement Using this Bonded System Gives Justice This is that itwould be good for the Government to study in other countries that have succeeded in overcoming injusticedue to the implementation of agreements like this. regulated in regulations in the form of laws or higherregulations. Author's suggestion, First, there needs to be a special regulation made by the governmentregulating the implementation of a sale and purchase agreement using the bonded system. For the positionof both the farmer and the tauke to be equally strong and the rights and obligations carried out properly andcorrectly. Second, optimizing Law No.19 of 2013 concerning the Protection and Empowerment of Farmers.In order to create awareness from the community, especially farmers, not to start participating in theimplementation of the sale and purchase agreement with the bonded system by conducting counseling andeducation on agriculture and counseling about saving and establishing cooperatives.Keywords: Coconut Buy and Sell - Ijon System - Tempuling District
PENERAPAN SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA PEMALSUAN MATERAI OLEH PENGADILAN NEGERI PEKANBARU Prayudi, Arga; Jayakusuma, Zulfikar; Elmayanti, Elmayanti
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

Stamp duty has an important meaning in society, that is with stamp duty, the stamped letter specified by the Act becomes a valid letter, meaning that without stamp duty as a certificate, for example a power of attorney, it is unaccepted as a valid authorization. Likewise in court proceedings, new letters can be used as a means of proof if stamped with those determined by the law. Stamp counterfeiting is detrimental to the government because stamp purchases are a kind of tax and stamp forgery results in a reduction in the state taxex.This research is a sociological legal research that is research that wants to see the unity between law and society with the gap between das sollen and das sein. This research was conducted at the Pekanbaru District Court, while the population and sample were all parties related to the issues examined in this study, the data sources used, primary data, and secondary data, the data collection techniques in this study were conducted through literature review interviews.in this thesis, three things that can be concluded. First, the application of sanctions against stamped offenders by the Pekanbaru District Court. Second, the factors which become obstacles faced in the application of criminal sanctions by the perpetrators of falsified criminal acts. Third, the efforts made in overcoming obstacles to the imposition of criminal sanctions against perpetrators of stamp fraud by the Pekanbaru District Court.Keywords: Application of Sanctions - Stamp Counterfeiting Criminal Acts
EFEKTIVITAS MEDIASI DALAM PERKARA WANPRESTASI DI PENGADILAN NEGERI BANGKINANG Haris Nasution; Maryati Bachtiar; Riska Fitriani
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 of the peace efforts that can be carried out by third parties in helping to resolve civilmatters, especially default both inside and outside the court, is mediasai, mediation is basicallynegotiations involving third parties who have expertise on effective mediation procedures, canhelp in conflict situations to coordinate their activities so that they are more effective in theprocess of bargaining, as stipulated in the Supreme Court Regulation Number 1 of 2016concerning Procedures for Mediation in Courts, in the settlement of civil disputes throughmediation there are several stages based on mediation procedures in the court, namely the premediationstage, the mediation stage, the final stage of the mediation result implementation.In fact, in the Kampar District Court the mediation remained the most way out inresolving default cases in the Kampar District Court, but in reality mediation had not been ableto reduce the failure rate in resolving the default cases, the factors of the parties, the factor ofthe mediator judge, the number of mediators, the cost factor for the mediator profession.This study aims to determine the effectiveness of the mediation applied in the KamparDistrict Court in a default case in the Kampar District Court. The type of research used isempirical juridical research, with sample selection. The data studied included primary dataand secondary data, then analyzed qualitatively. This research was conducted in the KamparDistrict Court. Population and sample are all parties related to the problems examined in thisstudy, the data sources used are primary data, secondary data, and tertiary data. Datacollection techniques in this study are interviews, questionnaires and literature studies. Fromthe results of the study showed that mediation effectiveness shows the number of failures withvarious factors or constraints such as case factors, parties' factors and mediator factors. Themediation has also not been able to reduce the number of failures in resolving default casesand overcoming cases that have accumulated in the Court.Keywords: Effectiveness - Mediation - Default - District Court
PENERAPAN KETENTUAN AMBANG BATAS BAKU MUTU LINGKUNGAN UDARA DALAM PEMBUKTIAN TINDAK PIDANA LINGKUNGAN AKIBAT KEBAKARAN HUTAN BERDASARKAN UNDANG-UNDANG NOMOR 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP Sally Fisabillina; Erdianto Effendi; Adi Tiara Putri
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

To determine the damage criteria and criteria for exceeding environmentalquality standards, an expert who indeed controls the field of environmental damage isrequired. Not only experts but conclusions for damage and exceeding quality standardsmust also be proven by accredited laboratory tests. The research entitled "Application ofAir Environmental Quality Standard Threshold Provisions in Proving EnvironmentalCrimes Due to Forest Fires Based on Law Number 32 of 2009 concerning EnvironmentalProtection and Management", has a formulation of the problem of how to apply theprovisions for the threshold of air quality standards in proof criminal offenses due toforest fires, and what is the strength of evidence by expert witnesses in environmentalcrimes due to forest fires from laboratories that are not accredited.The purpose of this thesis is: first, to find out the application of the provisions ofthe threshold of air quality quality standards in proving forest crime. Second, todetermine the strength of proof of environmental crime due to forest fires fromlaboratories that are not accredited.This type of research is normative legal research or can be referred to asdoctrinal legal research. From the results of the problem research there are two mainthings which are concluded, first, in the case of proof of environmental crime due toforest fires, it is closely related to scientific procedures according to legal conditions. Themeans that can be used to determine the excess of quality standards are laboratories.One important aspect that can affect the effectiveness and efficiency of whether or notenvironmental management in a country or region is whether or not a laboratory isavailable, in this case an environmental laboratory that is capable of delivering valid andrelible, irrefutable, scientifically and legally accountable data. Secondly, evidence ofexpert testimony does not have a binding and decisive value of proof power. The value ofthe power of proof of expert testimony is the same as the value of the evidentiary powerinherent in the evidence evidence of the witness or the defendant. Therefore, the value ofthe evidentiary power attached to the evidence of expert testimony must be supported byother evidence.
PELAKSANAAN JUAL BELI TANAH ANTARA NINIK MAMAK BUKIK LIMBUKU DENGAN ANAK NAGARI KAPEH PANJI KECAMATAN BUNUHAMPU KAB.AGAM SUMATERABARAT MENURUT HUKUM ADAT Putri Nilam Sari; Evi Deliana; Ulfia Hasanah
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 customary land of the people in the MinangKabau Customary Law community is a treasure that is always at stake, because the authority of a people lies from some of the customary land owned by the people they own. The land functions for the interests and welfare of members of the hereditary generation, basically the customary communal land of the people may not be traded or diverted for granted and may only be mortgaged but must meet one of the requirements namely: maik tabujua in the middle of a house, a drainage house, drainage gadang alun balaki, summoning the tarandam trunk. At present it is permissible to sell customary land in accordance with these conditions. In connection with the foregoing, problems arise: How is the sale and purchase of land between the ninik mamak Pilubang and the children of Nagari Kapeh Panji, BunuhAmpu Subdistrict, Agam Regency according to customary law, What are the legal consequences of buying and selling land between the ninik mamak Pilubang and the child of Nagari Kapeh Panji Subdistrict, Bunakam District, Agam Regency according to customary law.In writing this thesis, the author uses a sociological juridical approach method by analyzing various regulations that apply to the customary law community in Nagari Pilubang, as well as analyzing laws that are seen as community behavior that is patterned in the lives of people who always interact and relate to social aspects. . The results of research and discussion can be seen that, Nagari Pilubang ulayat land still exists, but as a result of the shift in customary law at this time the initial ulayat land of the people may not be traded, but can be sold by their people, in selling ulayat land there must be procedures and processes that must be passed, starting from the internal process of the clan, such as having to get the approval of all members of the clan to the process of filing, customary land is sold by their people due to several factors, namely factors of economic importance, economic speculation and also harys for the interests and welfare of the community folk.Keywords: Implementation Buying and selling, Ulayat Land
IMPLEMENTASI PEMBEBASAN BERSYARAT YANG DITERAPKAN DI RUMAH TAHANAN NEGARA KLAS II B RENGAT Febriani, Hilda; 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

Implementation of Parole is a coaching program to integrate prisoners and correctional students into community life after fulfilling specified requirements. activities to foster correctional fostered citizens based on systems, institutions and ways of fostering which constitute the final part of the criminal justice system in the criminal justice system for fostered citizens in detention centers in the IIB Rengat state already run the proper process in the penitentiary concept to foster fostered citizens to be better. Based on this understanding, the writer of this thesis formulates two problem formulations, namely: first, how is the implementation of conditional release applied in the Class II B Rengat state prison, second, what are the obstacles in the implementation of conditional release in the class II B Rengat state prisonIn the research results there are two main problems that can be concluded. First the granting of parole which has not been fulfilled according to applicable law. These two obstacles are still obstacles for prisoners who apply for paroleThis study uses an approach. This research is a sociological legal research, which is a study of the effectiveness of existing laws or research on legal identification. This means that reviewing the state of the problem in the field is related to the legal aspects that apply in the community and governing the problem. Because in this study the writer directly conducts research at the location or place of study in order to provide a complete and clear picture of the problem under study. in terms of its nature, this research is made Descriptive, namely research that describes various facts and facts contained in social life in depth.Keywords: Implementation, Parole, Detention Center
EFEKTIVITAS PENJATUHAN SANKSI TINDAKAN TERHADAP ANAK PELAKU TINDAK PIDANA DI PENGADILAN NEGERI PEKANBARU Pasaribu, Bahagia Bagio; Artina, Dessy; Ferawati, Ferawati
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

Children are the mandate as well as the ultimate gift of God that we must always guardbecause in him the inherent dignity, dignity, and rights as human beings must be respected.Children are also the next generation of generation and successors of existing developmentstruggles and future generations of national ideals, and are entitled to survival and are entitled toprotection from acts of violence and discrimination and civil rights and freedom. However, manychildren violate living norms in society and become perpetrators of criminal acts. Every child whocommits a crime will be asked for the ability to be responsible because the child has violatedcriminal provisions, related to the ability to be responsible for the minimum responsibility forchildren that is currently at least - at least 12 years. In the case of imposing criminal sanctions onchildren who commit criminal acts, the basis of the judge is referring to Article 71 of Law Number11 of 2012 concerning the Child Criminal Justice System. In addition to being sentenced to criminalsanctions against children, sanctions can also be imposed as contained in Article 82 paragraph (1)of Law Number 11 of 2012 Child Criminal Justice System.The purpose of this thesis research is: first, to find out to find out the regulation of sanctionsfor actions against children in positive Indonesian law. Second to find out whether the effectivenessof taking action sanctions against child perpetrators of criminal offenses in the Pekanbaru DistrictCourt. types of empirical research or sociological legal research. Empirical juridical legalresearch or sociological legal research is research conducted directly at the site or in the field toobtain data to provide a complete and clear picture of the problem under study. This research wasconducted in the city of Pekanbaru, namely in the Class I A Pekanbaru District Court. The dataused are primary data, secondary data and tertiary data, data collection techniques usinginterviews and literature studies.Based on the results of the research and discussion it can be concluded that the first,Regulation of Sanctions Against Children in Indonesian Positive Law is regulated in the ChildCriminal Justice System Law also implements a double track system in imposing sanctions onchildren who are faced with the law, namely criminal sanctions and sanctions for action. Secondly,the effectiveness of imposing sanctions on the offender's child in Pekanbaru district court that thepunishment of children still has weaknesses in terms of stipulating sanctions for actions asregulated in the laws and regulations set out in the judge's decision. This can be seen from furtherguidelines in terms of determining sanctions for actions based solely on the convictions of judgesand not yet explicitly regulated and clearly the mechanism for determining sanctions for action.Suggestions, Regulation of Sanctions for Children needs to be regulated further so that in the futurein order to achieve the goal of conviction and provide certainty and benefit to perpetrators andvictims in this case the revision of the legislation on the juvenile justice system needs to be reviewedin relation to the criteria for sanctions for imposing sanctions the action against the child of theoffender in the pekanbaru district court can only be said to be effective if the regulation in the lawis implemented in the judge's decision so that there are guidelines in determining the criteria forsanctions for achieving the objectives of the punishment.Keywords: Effectiveness of the imposition of action sanctions on child offenders
ANALISIS TERHADAP PUTUSAN YANG TERDAPAT PEMERIKSAAN SAKSI SEDARAH TERHADAP PERKARA NOMOR 08/PID.PRAP/2017/PN. PBR DENGAN PERKARA NOMOR 24/PID.PRAP/2017/PN.PBR Hutasoit, Fanny Dwi Lestari Br.; Artina, Dessy; Erdiansyah, Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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The process of proof in a trial that is passed through a process of examining evidence of witness testimony. Proving is considered as the main way to resolve each case in a trial. In the process of substantiating witness testimonies, witnesses that have had blood relations provided witness statements. In the case of Case Number 24 / PID.PRAP / 2017 / PN.BR where the witness gave the witness' statement and in the trial process the witness was under oath. While in case case Number 08 / PID.PRAP / 2017 / PN.BR the witness who gave the witness statement also had blood relations but was not under oath when giving witness statements.In this study the authors used Normative research. Normative research in the form of library law research. In this type of legal research, law is often conceptualized as what is written in: legislation or law conceptualized as a rule or norm which is a benchmark of human behavior that is considered appropriate.From the results of the research that the author did, it can be concluded that, firstly, the strength of evidence in the form of blood witness testimonies in the process of evidence based on the Criminal Procedure Code, Evidence is an important element in substantiating trials, because judges use it as a material for consideration in deciding cases. A witness who has certain family ties to the defendant cannot swear an oath. Unless they want it, and their will is agreed to explicitly by public prosecutors and defendants. secondly the validity of blood witness testimony in the Criminal Justice System, Normatively: blood witness testimony has been legitimized by Article 168 of the Criminal Procedure CodeKeywords: oath-witness examination
Implementasi Pemerintah Provinsi Riau dalam Pemerataan Guru Agama Sekolah Menengah Atas Berdasarkan Prinsip Profesionalitas dalam Undang-Undang nomor 14 Tahun 2005 tentang Guru dan Dosen di Provinsi Riau Sianturi, Pagar Parlindungan; Indra, Mexsasai; Artina, Dessy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

The State of Indonesia is a state of law that adheres to the principle of decentralization in the administration of government, one of which is the equalization of high school religious teachers based on the Principle of Professionalism in Law Number 14 of 2005 concerning Teachers and Lecturers in government affairs in Riau Province, which at present is not in accordance with what was claimed - tell me the invitations. The research method in this study is a research method with sociological juridical research or sociological legal research. The theoretical basis used is the theory of regional governance, and law enforcement theory.The purpose of this thesis discussion, namely: to discuss the implementation of the Riau provincial government in examining high school religious teachers on the principle of professionalism in Law number 14 of 2005 concerning teachers and instructors in Riau Province, secondly to find out what is related to the Riau provincial government in equitable distribution high school religious teachers based on the principle of professionalism in law number 14 of 2005 concerning teachers and lecturers in Riau province, thirdly to find out the provincial government of Riau in overcoming the problem of examining high school religion teachers on the basis of professionalism in law number 14 of 2005 about teachers and lecturers in Riau Province.From the results of research and discussion it can be concluded that the implementation of the provincial government in the distribution of high school religion teachers based on the principle of professionalism in Law number 14 of 2005 on Teachers and Lecturers in Riau Province has not been carried out in accordance with what is envisioned by the law, religious teachers what is really needed as an educator of religious values for students is not available and not fulfilled in every region. Factors that are considered by the provincial government are internal and external factors, and to overcome this. So some efforts were made by the provincial government to examine religious teachers at the high school level, namely: conducting data collection and mapping of religious teachers in all high schools regarding the needs of religious teachers; then the provincial government submits data on the needs of religious teachers to the central government to be asked to meet the needs of further religious teachers and the provincial government conducts training of new and old religious teachers for training and socialization of semester expenditure / curriculum materials. Thus the examination of top-level religious teachers based on the principle of professionalism in law number 14 of 2005 concerning teachers and lecturers in Riau province can be realized properly.Keywords: Implementation, Equality, Religious Teachers

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