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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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Pertanggungjawaban Pidana Tenaga Kesehatan Terhadap Malpraktik Dan Negligence Dalam Tindakan Khitan (Sirkumsisi) Sibarani, Tamara Roully; Effendi, Erdianto; Edorita, Widia
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

Errors of Practice (malpractice) occur or caused a malfunction that canbe less cautious, less careful, and less seriousness in the anamnesis, examination,diagnosis, therapy/treatment and follow-up, on the other side because it is lessskilled and lack of knowledge from the healthcare personnel concerned. The studytitled "Criminal Liability for health workers against malpractice and Negligencein Khitan Action (circumcision)", has a formulation of the issue of how healthcriminal liability for malpractice and Negligence in the action of circumcision(circumcision), and how should the ideal arrangement against health workerswho perform malpractice and negligence in the actions of circumcision(circumcision).The purpose of writing this thesis is: First, to know the criminal liability ofhealth workers against malpractice and negligence in the act of circumcision(circumcision). Secondly, to know the ideal setting of health personnel whoperform malpractice and negligence in the action of circumcision (circumcision).This type of research is normative legal research or can also be called bydoctrinal law research. From the results of the research problem there are twopoints that are concluded, firstly, in case the nurse proved and fulfill the elementof doing malpractice or omission in the action of the Kkhitan (circumcision) to thepatient then the nurse can be asked Criminal liability. Secondly, in the Indonesianlegal system speaking of regulations that ideally is a rule that should be or is notdone by health workers (caregivers) in terms of the provision of services ofcircumcision action (circumcision). For the case of circumcision action(circumcision) should be made renewal or policy which contains the extent of therights and obligations to be done by the nurse.Key words: Negligence – Circumcision – Regulation-Ideally
PRINSIP LOSS LEADER (HARGA UMPAN) ATAS PENJUALAN PRODUK CUCI GUDANG PADA PUSAT PERBELANJAAN RAMAYANA ROBINSON PEKANBARU Silaban, Adi Putra; Ismi, Hayatul; Dasrol, Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

The intense competition in the retail business makes some business players justify any means, which in turn makes the climate of unfair competition. Sales of warehouse washing products, no longer just reduce the percentage of profits from the selling price of the product, but have arrived at the stage of selling even or even have a sale with a little loss. The purpose of this study, first is to find out how legal protection to consumers for the sale of warehouse washing products based on the principle of loss leader. And secondly, to find out the business actors' responsibility for consumer losses on the sale of warehouse washing products based on the principle of loss leader.In this study the author uses the empirical method, another term used is sociological. The study of the effectiveness of the laws that apply in society and identify unwritten laws that apply in the community. In this case the researchers conducted a study on the shopping center Ramayana Robinson Panam Kota Peknabaru. In data collection, the types of data used in this study are primary data and secondary data, namely directly through respondents (field), Law Number 8 of 1999 concerning Consumer Protection, legal journals and books relating to research. Analysis of this data is done qualitatively and deductively drawn conclusions.From the results of the research in this thesis, there are two main things that are concluded, namely First, legal protection for consumers on the sale of warehouse products based on the principle of loss leader. And second, the form of businessactors responsibility for Consumer losses on the sale of warehouse washing products based on the principle of loss leader.Keywords: Consumer - Responsibility - Business actor - Consumer Protection
TINJAUAN TERHADAP PENERAPAN SURCHARGE OLEH PELAKU USAHA KEPADA KONSUMEN DALAM TRANSAKSI MENGGUNAKANKARTU KREDIT Lubis, Putri Mirta Fitriyanti; Firdaus, Firdaus
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Abstract

The implementation of credit card is inseparable from the legal relationshipthat occurs behind it all, the legal relationship between the credit card companyand the credit card holder or the merchant, as well as the legal relationshipbetween the credit card holder and the merchant where the credit card holder isshopping. In the regulations there is no regulation clearly related to surchargeeven in the explanation.This type of research can be classified in the type of sociological legalresearch, because in this study the authors immediately conduct research on thelocation or place under study in order to provide a complete and clear picture ofthe problem under study. This research was conducted in Pekanbaru City, whilethe population and samples were Cards and Merchant Business Managers,Assistant Sales Cards and Merchant Business, Merchant Branch Relationship,Merchants, and Consumers. The data sources used are primary data, andsecondary data. Data collection techniques in this study were interviews,questionnaires, and literature review.The conclusion that can be obtained from the results of the study is Theapplication of Surcharge by Business Actors to Consumers is very detrimentaland does not provide a sense of justice for consumers. business actors who stillmake additional costs to consumers without considering the objections ofconsumers in each transaction. Though the actions taken give a loss to consumersin each transaction. Protection of Consumers in the Application of Surcharge byBusiness Actors in Transactions using Credit Cards still does not fully obtainlegal protection, moreover consumers do not complain about the imposition ofsurcharge. efforts made by consumers towards the application of Surcharge inproviding Justice for Consumers by conducting a BNI Credit Card ComplaintsUnit via email or fax no later than seven days after the transaction date.Complaints from the card holder will then be examined and processed by the BNICard Business Unit no later than 14 working days and the additional fees chargedby the merchant will be returned in the form of a credit balance on the credit cardbill the following month.Keywords: Application, Surcharge, Merchant, Consumers, Transactions, CreditCards
PENEGAKAN HUKUM TERHADAP PEREDARAN ROKOK TANPA CUKAI OLEH KANTOR PENGAWASAN DAN PELAYANAN BEA DAN CUKAI (KPPBC) TIPE MADYA PABEAN C BENGKALIS Naldi, Syafri; Effendi, Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

The Bengkalis Regency is an archipelago surrounded by strait in Riau Province. To go to Bengkalis Island by land there is only one alternative via Roro crossing. So it becomes one of the most strategic places to smuggle cigarettes and liquor, because this archipelago area is a crossing route that makes it easy for large and small ships to carry out smuggling, while sea transportation via standard Ferry at the official jetty and pompong through illegal ports . The purpose of writing this thesis, namely: First, to find out the law enforcement of the Circulation of Cigarettes Without Excise By the Office of Supervision and Service of Customs and Excise (KPPBC) Type of Customs C Bengkalis. Second, to find out the obstacles and efforts in Law Enforcement on the Circulation of Cigarettes without Excise by the Office of Supervision and Service of Customs and Excise (KPPBC) Type C Customs Bengkalis.This type of research can be classified as a type of sociological legal research, because in this study the authors directly conduct research at the location or places that are examined to provide a complete and clear picture of the problem under study. This research was conducted at the Office of Supervision and Service of Customs and Excise (KPPBC) Type C Customs Bengkalis, while the population and the sample are all parts related to this study, the data sources used, among others, primary data, secondary data, and tertiary data Data collection techniques, namely by interviewing and studying literature.From the results of research and discussion, it can be concluded that, First, the law enforcement conducted by Bengkalis Regency Customs and Excise in eradicating illegal cigarettes without excise in the form of preventive and preventive law enforcement. The two obstacles that arise are the lack of public awareness of illegal cigarettes, the still weak supervision and action carried out by the relevant authorities, and the lack of awareness of cigarette producers in producing illegal cigarettes. The efforts in obstruction of law enforcement against the circulation of illegal cigarettes without excise include raising awareness and legal compliance for the realization of legal effectiveness, and increasing supervision in every port in Bengkalis Regency.Keywords: Circulation-Cigarette-No-Excise.
PRAKTEK JUAL BELI ATAS TANAH DENGAN AKTA DI BAWAH TANGAN DI DESA SUKAMULYA KECAMATAN TAPUNG Nst, Sri Rahmayana Br; Ismi, Hayatul; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Abstract

Government Regulation No. 37 of 1998 concerning the Occupational Regulation of the Land DeedMaker said that PPAT has the main duty to carry out part of land registration activities by making a deed asevidence that certain legal acts have been carried out regarding land rights or ownership rights to theapartment unit, which will be made the basis for registration of changes to land registration data caused bylegal actions which is one of the problems is the sale and purchase of land with an underhanded deed hasoccurred in Sukamulya Village, Tapung District. Therefore, the purpose of this Thesis Writing, namely: first,What is the practice of buying and selling land with a deed under the hand in Sukamulya Village, TapungDistrict; Second, Is the factor causing the practice of buying and selling land with a deed under the hand inSukamulya Village, Tapung District.This type of research can be classified in the type of empirical or sociological legal research, because inthis study 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. This research was conducted in Sukamulya Village,Tapung District. Data sources used, namely: primary data and secondary data. Data collection techniques inthis study with Observation, Interviews, and Literature Study.Conclusions that can be obtained from the results of the first study, Land Sale Practices with DeedUnder Hands in Sukamulya Village, Tapung Subdistrict, have become a habit in the community, even the peopledo not know that land sale and purchase must be done before PPAT officials do not enough by using theagreement letter, the land sale and purchase agreement that was known by the village head Second, the causesof the practice of buying and selling land with a deed under hand in the village of Sukamulya, Tapung subdistrict,are the people who do not understand or even ignorance of the seller or buyer of land regarding theapplicable legal provisions, on the basis of mutual trust between the seller and the buyer. rights and obligationsas sellers and buyers of land, land that is the object of sale and purchase has not been certified, does not havethe cost of transferring rights and facilitates the process of transferring rights. The author's advice is to givelocal governments an understanding of the importance of buying and selling land rights in the presence of landdeed-making officials (PPAT) and the community so that they are participatory as legal subjects, so that actionscarried out in community do not cause harm to the community itself.Keywords: Buying and selling-Deed under the PPAT-hand
MEDIASI PENAL SEBAGAI ALTERNATIF PENYELESAIAN PERKARA PENCURIAN RINGAN DI KEPOLISIAN RESOR KOTA PAYAKUMBUH Putra, Ryanda; Effendi, Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Minor criminal acts (Tipiring) are minor or non-hazardous criminal offenses that cover minor crimes written in the second book of the Criminal Code which consist of, light animal abuse, light abuse, minor abuse, minor theft, minor embezzlement, minor fraud, light damage and light storage. The Supreme Court has issued a Supreme Court Regulation Number 2 of 2012 concerning the Limitation of Light Crimes (Tipiring) and the Amount of Fines in the Criminal Code. Penal Mediation is an alternative solution to minor crimes.This type of research can be classified in the type of sociological legal research (empirical), because in this study the author immediately conducts research on the location or place under study to provide a complete and clear picture of the problem under study. This research was conducted at the Head of Payakumbuh City Police Investigator section, Payakumbuh City Police Investigator Section and Light Burglary Actors. The data sources used are primary data, and secondary data. Data collection techniques in this study were interviews, questionnaires, and literature review.The conclusion that can be obtained from the results of the research is that the Implementation of Penal Mediation as an alternative solution to the theft of light in the Payakumbuh City Police has been implemented but has not been fully implemented as an alternative solution to minor theft cases. Many considerations from investigators, one of which is a crime that disturbs the public. Although the value of the loss of a crime is very small. The implementation of Penal Mediation has also not been supported by the basis of regulations governing reason mediation so that investigators are still hesitant to implement it. The Penal Mediation implementation has also not been supported by the basis of regulations governing penal mediation so that investigators are still hesitant to implement it. The obstacles faced by Payakumbuh City Police in the implementation of penal mediation consist of constraints of law enforcement officials, legal factors and community factors. Legal factors, namely the provisions concerning the mechanism of investigation, have actually been regulated but there is no regulatory basis governing criminal mediation, especially in light of theft so that investigators are still hesitant to submit all cases of minor theft cases handled and citizens have not fully known and understand the applicable law related to the existence of reasoning mediation as an alternative solution to minor criminal cases.Keywords: Penal Mediation, Alternative Case Settlement, Mild Theft
TINJAUAN YURIDIS TERHADAP KETENTUAN PASAL 3 UNDANG- UNDANG NOMOR 1 PENETAPAN PRESIDEN TAHUN 1965 TENTANG PENCEGAHAN PENYALAHGUNAAN DAN PENODAAN AGAMA Wati, Irena; 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 the development of society almost throughout Indonesia, there were not a few deviant sect or organizations trust or public beliefs which contradicted the teachings and laws of religion. Adherents of these deviant sect have caused many things that violate the law, break national unity and tarnish religion. To prevent the prolongation of these actions which could endanger the unity of the Nation and the State, the Presidential Decree was issued. However, the existence of the Presidential Decree which has become the Law which contains provisions on sanctions for perpetrators of deviations from religious teachings often sanctions given are not in accordance with the legal provisions that should be. The existence of Law Number 1 of the Presidential Decree of 1965 concerning Prevention of Abuse and Blasphemy of Religion which contains provisions on administrative law and at the same time criminal law by including Article 156a of the Criminal Code in the Blasphemy Law. However, the existence of a criminal as an alternative sanction (Ultimum remedium) is ignored in the provision of sanctions in perpetrators of deviations from religious teachings. The purpose of writing this essay, namely; First, to find out the juridical review of the provisions of Article 3 of Act Number 1 of the Presidential Decree of 1965 concerning Prevention of Abuse and Blasphemy of Religion, Second; To find out the principle of ultimum remedium based on law enforcement of criminal acts against religion contained in Article 3 of Act Number 1 of the Presidential Decree of 1965 concerning Prevention of Abuse and Blasphemy of Religion, Third; To find a solution to the problem of criminal acts against religion in Article 3 of Act No. 1 of the Presidential Decree of 1965 concerning Prevention of Abuse and Blasphemy of Religion.This type of research can be classified into a type of normative juridical research. this research was conducted by examining secondary data and approaches to law, this normative research examines the legal principles of reasons that can eliminate criminality. The data sources used are, primary data, secondary data, tertiary data, data collection techniques in this study are normative juridical, the data used is library research.From the results of the problem research there are four points that can be concluded. First, law enforcement by means of reason and non-reasoning. Second, the criminalization policy. Third, government policies in prevention, enforcement and law enforcement policies. Fourth, reinterpretation, reformulation or revision of the provisions of blasphemy. In order to create a fair state and guarantee legal certainty to protect religious security based on their respective beliefs that have been recognized in Indonesia.Keywords: Crime Against Religion, Law Enforcement, Criminalization, Reformulation, State of Law
PELAKSAAN PENETAPAN NILAI LIMIT PADA OBJEK LELANG HAK TANGGUNGAN OLEH PT. BANK MANDIRI, TBK BUSINESS BANKING CENTER PEKANBARU Sinaga, Butet Tiara; Ismi, Hayatul; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Auction activities are sales that offer prices that are getting lower or lower.Auction is considered as the main way to resolve problem loans. The definition ofthe auction is contained in Article 1 of Decree of the Minister of Finance Number27 / PMK.06 / 2016 Regarding the Bidding Implementation Guideline whichstates that: reach the highest price, which is preceded by an auctionannouncement. "In the case of Bank Mandiri vs. Meini Supriatni, Meini Supriatni as thedebtor has defaulted so that her credit guarantees are auctioned by an independentbank with the broker KPKNL Pekanbaru. The value of the limit offered by anindependent bank is considered very low and the offer of credit collateral goodsonly attract 1 (one) buyer, so the proceeds from the sale of the credit guarantee arethe same as the value of the offered limit plus the auction fee. This is certainlydetrimental to the debtor as the previous owner of the collateral.In this study the authors use the empirical method, another term used issociological. This descriptive sociological research was carried out in the area ofBank Mandiri, Tbk, Pekanbaru Business Banking and the Office of State Assetsand Auction Services in Pekanbaru.From the research and discussion, it concludes that, firstly theimplementation of the determination of the limit value on the auction object is theauthority of the seller, the low limit value is the responsibility of the seller. In thelaw, it has not been explained in more detail how the method of determining thelimit value is implemented. Second, the seller's responsibility for setting limitvalues has not been regulated in detail in the law, resulting in a legal vacuum thatcreates a legal dispute. If according to the debtor the value of the limit set at theauction object is too low, the debtor will sue the creditor in relation to the resultsof the auction whose limit value is low.Keywords: Low-Limit Value-Assurance Auction
Tindakan Persona Non Grata Terhadap Pejabat Diplomatik Dalam Rangka Implementasi Hukum Diplomatik (Studi Persona Non Grata Pejabat Diplomatik Rusia Untuk PBB Oleh Negara Amerika Serikat) Sari, Iing Maida; Deliana, Evi; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Persona non grata actions are common in diplomatic relations between twocountries. However, if the Persona non grata is carried out on diplomatic officials who arepermanent representatives of a member country of an International Organization, namely theUnited Nations, how do Diplomatic Laws see this matter and how Diplomatic Law regulatesthis. From the background of the problem, the formulation of the problem was born, namely,first. What is the perspective of Diplomatic Law on the Persona non grata action by theUnited States of America against the diplomatic officials of the Russian State for the UnitedNations? second, How is the Implementation of Diplomatic Law in the Persona non grataaction by the United States of America against the diplomatic officials of the State of Russiato the United Nations? to know the Implementation of Diplomatic Law in the Persona nongrata action by the United States of America against the Diplomatic Official of the State ofRussia for the United Nations.The type of research conducted can be classified as normative-juridical research inwhich this research is carried out on legal principles that are based on certain areas of legalgovernance, by first identifying legal principles that have been formulated in certain laws. Inthis study, the data sources used were secondary data with primary, secondary, and tertiarylegal materials carried out by means of library research.From the results of the study it was found that, first, the diplomatic legal perspectiveon the actions of Persona non grata carried out by the United States of America againstRussian diplomatic officials for the United Nations is an act that is contrary to DiplomaticLaw. Persona non grata actions carried out by the United States of America againstDiplomatic Officers who are permanent representatives of Russia to the United Nationsbased on Diplomatic Law cannot be justified unilaterally. There must be coordination andapproval from the United Nations. Secondly, the implementation of Diplomatic Law on casesof Persona non grata carried out by the United States of America against Russia's permanentrepresentatives to the United Nations has not been implemented. Because it is proven thatthis Persona non grata action should not be carried out unilaterally by the United States ofAmerica but this is still done by the United States of America. And many provisions containedin diplomatic law are not renewing Visas 5 permanent representatives of Russia to the Unitednations, and not resolving matters that are not desirable by the United States or theproblemsthat are relatedto either United Nations or member countries. As contained inArticle 20 and 21 Headquarter Agreements, namely by forming the United Nations Committeand forming other agreements agreed upon by the United States and the United Nations.
PELAKSANAAN PENANGGUHAN PENAHANAN TANPA JAMINAN UANG ATAU ORANG DI KEPOLISIAN RESOR KARIMUN Irwandi, Muhammad; Effendi, Erdianto; Ferawati, Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Suspension of detention is an act by removing a suspect or defendant from detention before the time limit for his detention ends. In the suspension of detention, the time limit or period of detention is still valid and justified according to the law, but the implementation is suspended or stopped after the suspension requirements are met by the suspect or defendant and or other people who act to guarantee the suspension of detention.The purpose of this study, is to determine the implementation of the suspension of detention without a guarantee of money or people in the Karimun Resort Police, and to find out the basic considerations of the Karimun Resort Police in providing suspension of detention without guarantee of money or people against the suspect. Whereas in the Criminal Procedure Article 1 point 21. The matter that is considered necessary to detain a suspect has been regulated in Article 21 paragraph 1 of the Criminal Procedure Code.This type of research is a sociological legal research, because in this study the authors directly conduct research at the location or place under study in order to provide a complete and clear picture of the problem under study. This research was carried out in the Karimun District Police Legal Area, while the population and sample were all parties related to the problems examined in this study.The suspension of detention is accompanied by a guarantee that it can be accounted for in an effort to minimize prisoners fleeing. The procedure for implementing the guarantee is regulated in Article 35 and Article 36 of Government Regulation No. 27 of 1983 concerning the Implementation of the Criminal Procedure Code, namely a guarantee of suspension in the form of money and a guarantee of suspension in the form of persons. Based on the Minister of Justice's Decree Number 14-PW.07.03 / 1983 regarding Additional Guidelines for the Implementation of the Criminal Procedure Code states that in the event that there is a request to suspend the detention granted, an agreement is held between the competent official in accordance with the level of examination with the suspect or advisor the law along with the conditions.To the police in the implementation of the suspension of detention at the level of investigation carried out by investigators need to be done optimally by setting guarantees so as not to neglect the conditions imposed and in conducting investigations can improve better coordination of all parties involved.Keywords: Suspension, Detention, Money Guarantee or People

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