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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Articles 2,579 Documents
TINDAK PIDANA ANCAMAN KEKERASAN YANG DILAKUKAN OLEH DEBT COLLECTOR PINJAMAN ONLINE KEPADA DEBITUR PINJAMAN ONLINE DI PROVINSI RIAU Aldilah Ramadhan; Dessy Artina; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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. This study aims to determine the criminal threat of online debt debt collector to online loan debtors in debt collection and to find out the obstacles or obstacles to the police in the criminal act of violence committed online debt collector loans to online loan debtors that occur in Riau province. The research method used is a descriptive sociological juridical method, where research data are obtained from field study and library research, the data analysis is done interview.Based on the results of the study, criminal acts of violence committed online debt collector loans to online loan borrowers are very detrimental to the public because in debt collection to online debt borrowers have violated the ethical rules of debt collectors in Bank Indonesia Circular Letter Number 14/17 / DASP / 2012 concerning the Implementation of Card-Based Payment Instrument Activities debt collection and have violated the ITE Law. In the criminal act of threat of violence committed by this online loan debt collector, the police experienced obstacles in finding the perpetrators of the crime, especially what was done by the debt collector through electronic media or online.Keywords: Threat of Violence, Debt Collector, Debtors
ANALISIS PERLINDUNGAN KONSUMEN TERHADAP ANAK YANG MENGKONSUMSI JAJANAN MENGGUNAKAN BAHAN BERBAHAYA DI PEKANBARU Mifta, Sarah; Ismi, Hayatul; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Human is a consumer, there is no difference between the consumer of the child with the adult consumer, cheating on the consumer of Ana more susceptible to occur, conducted by the child Hawker vendors in the school, the child's absence becomes Pratik in Perpetrators of business fraud to gain maximum profit. Children can not tell which snacks are good for consumption and which is not good. Sometimes children who are consumers rarely pay attention to the food they buy on food vendors in schools and outside schools. The adverse effect of indirect harmful material will be felt directly by a child or an adult, its influence will be seen in the long run. Food is all that comes from sources of biological and water, whether processed or untreated, which is intended as food and beverage for humans, including food additives, food ingredients, and other ingredients used in preparation, processing and/or manufacture of food and beverage. School kids snacks are foods that are sold around schools and many school children consume. The goal is to know the protection of the child to the food actors who use hazardous materials as well as the responsibility of business actors for losses suffered by the child consuming.This type of research research can be classified, sociological, because in this research the author directly conduct research on the location or place in a thorough to provide a complete and clear picture of the problems studied, This research was conducted at elementary school which is in Pekanbaru and the Great Hall of Medicine and food, while population and samples are parties related to the issues investigated in this study, seumber data used primary data, data Data collection techniques in this study with interviews and literature studies. "The results of the study that in school children's snacks are still traders who are cheating and wearing hazardous materials in the food they sell. Business actors still do not know the responsibility for the losses suffered by consumers. The Government in this case is represented by Bbpom has sought to provide protection to the has of children.Keywords: snacks, hazardous materials, children.
ANALISIS HUKUM PUTUSAN HAKIM TERHADAP PELAKU TINDAK PIDANA PEMBAKARAN HUTAN DI PROVINSI RIAU Enjelina, Martina; Deliana, Evi; Erdiansyah, Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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In recent times there have been rampant criminal acts of forest burning that have occurred in Indonesia, especially in Riau Province. The crime of forest burning is currently a very serious problem because it can cause multi-dimensional problems related to economic aspects and the factors that occur due to human activity deliberately burning forests and clearing land. However, the sanctions or punishments given to the accused do not have a deterrent effect on the perpetrators, even though there are many regulations that prohibit the act. In this case the law in the form of rules must be obedient to the law. The purpose of writing this thesis, namely: First, to find out the Application of Criminal Sanctions by Judges Against Perpetrators of Forest Burning in Riau Province Judging from Several Judges 'Decisions, Second, to find out the Judges' Basic Considerations in Imposing Criminal Sanctions Against Perpetrators of Forest Burning in the Province Riau.This research is classified in this type of research as normative legal research or can be called doctrinal legal research. Normative legal research is literature law research. In this normative research, the writer conducts research on legal principles. Research on legal principles is research carried out on legal principles which are benchmarks for behaving or having an appropriate or inappropriate attitude. In this normative research, the writer conducts research on several laws and regulations related to problems or problems.From the results of the research and discussion, it can be concluded that, first, there is no law enforcement for criminal law enforcement to ensnare corporations that are indicated for burning forests and land in Riau; second, the enforcement of criminal law against perpetrators of forest and land burning in Riau province is mostly carried out individually. The perpetrators of forest and land burning in Riau are groups of people, business actors and / or communities.Keywords : Decision of the Judge-Crime-Forest Burning
Tinjauan Yuridis Terhadap Pasal 134 Ayat (4) Undang-Undang Nomor 1 Tahun 2015 Tentang Penetapan Peraturan Pemerintah Pengganti Undang-Undang Nomor 1 Tahun 2014 Tentang Pemilihan Gubernur, Bupati Dan Walikota Menjadi Undang-Undang Pada Masa Daluwarsa Pelaporan Kasus Tindak Pidana Pemilihan Kepala Daerah Yang Relatif Singkat Abshor, Ulil; Effendi, Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Election of regional heads (Pilkada) is one way in the democratic system to elect regional heads in a particular region. The Regional Head Election aims to find qualified regional leaders in peaceful, honest and fair ways. Election of Regional Head is carried out by adopting the principle of direct, general, free, confidential, honest, and fair in accordance with Article 2 of Law Number 1 of 2015 concerning the Establishment of Government Regulations in lieu of Law Number 1 of 2014 concerning Election of Governors, Regents and Mayors to Become Constitution.This research is a type of normative juridical research or normative legal research. Normative juridical research or normative legal research is research that discusses legal principles, namely the legal principles contained in Act Number 1 of 2015 concerning Establishment of Government Regulations in lieu of Law Number 1 of 2014 concerning Election of Governors, Regents and the Mayor Becomes a Law.From the results of the research that the author did, it can be concluded that the reason for the expiration of regional head elections in terms of reporting is limited by the short time compared to criminal acts in general because there are several cases of reports that have not been completed, thus disrupting the process in the election for determine the winner in the election. If no deadline is set for reporting, it can be used as a loophole for one party to hinder the electoral process, and can also cause government vacancies as in previous cases. Second, the reporting deadline is in accordance with Article 134 paragraph (4) of Law Number 1 of 2015 concerning the Establishment of Government Regulations in lieu of Law Number 1 of 2014 concerning the Election of Governors, Regents and Mayors into Laws which stipulate the reporting deadline of only 7 days are considered too fast and ineffective because many cases are killed because of these deadlines.Keywords : Juridical Review - Article 134 Paragraph (4) -Law number 1 of 2015
PELAKSANAAN SISTEM PENGUPAHAN BURUH PABRIK BATU BATA DI KOTA PEKANBARU BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN Rika Syafitri; Evi Deliana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Wages are workers 'or workers' rights that are received and expressed in the form of money in return from employers or employers for workers or laborers who are determined and paid according to a work agreement, agreement, or legislation including benefits for workers or laborers and their families for an work or service that has been or will be performed. Wages are often equated with the salary of a worker or labor force. In the implementation of the provision of wages or wages the system has been regulated in Law Number 13 of 2003 concerning Labor. But in reality the remuneration system is still not in accordance with the written agreement and is only based on verbal so that there is no concrete work agreement, one of which is in the Batubata Factory in Pekanbaru City. An unwritten wage system is still in place, a payment system with daily wages and no employment contract in an employment agreement. The problems and objectives that will be discussed in this thesis are to find out how the implementation of the Batubata Factory wage labor system in Pekanbaru City Based on Law Number 13 Year 2003 Regarding Employment.This type of research is a survey, which is conducting a survey to the field at the site and at the location or place under study in order to provide a complete and clear picture of the problem under study. This research was conducted at Batubata factory workers in Pekanbaru city and to the employment department and Batubata factory workers. while the population and sample are the whole of the parties related to the problem under study in this study the source of the data used are primary secondary data and Tertiary data data collection techniques in this study with questionnaire interviews and literature studies.The results of this study can be concluded that the implementation of the brick factory workers wage system in the city sub-district in the city of Pekanbaru based on law number 13 of 2003 concerning employment has not been running well and is not yet optimal, this is because the system implemented by the Batubata business owner is still experiencing the crisis in the payment of wages to factory workers and the method of payment is to use the system per day and not in accordance with the needs needed by the factory workers.Keywords: Implementation - Wage system - Batubata factory workers - Employment
IMPLEMENTASI PEMENUHAN HAK PEJALAN KAKI TERKAIT JEMBATAN PENYEBERANGAN ORANG (JPO) DI KOTA PEKANBARU Vionita, Dita; Firdaus, Emilda; Artina, Dessy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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As a developing country, Indonesia is a country that has the fourth largest population in the world. With this large population, Indonesia must have a lot of facilities and infrastructure of good quality so that it can be utilized by the community and also support its people in carrying out its activities, especially in big cities, especially Pekanbaru City. The rapid development of the city of Pekanbaru certainly increases the activities of city communities. Likewise with the situation in road traffic, of course, the volume of vehicles also increases. With the increase in the volume of vehicles, the responsibility of the Pekanbaru City government does not stop there, which must also pay attention to the rights of pedestrian communities.This type of research can be classified as sociological jurisdiction, namely a research approach that emphasizes the legal aspects regarding the subject matter to be discussed, related to the realities in the field. This research was conducted in the Regional Representatives Council of the City of Pekanbaru, Pekanbaru City Transportation Department, Pekanbaru City Civil Service Police Unit, while the sample population was the whole party related to the problem under study. Source of data used are primary data and secondary data, data collection techniques in this study are observation, questionnaires, interviews and literature review.In the research result there are three main problems that can be concluded. First, the fulfillment of pedestrian rights related to JPO in Pekanbaru City has not been implemented properly. The second inhibiting factors in fulfilling pedestrian rights are budged factors, official services, unclear rules, JPO standardization and related party coordination. The third attempt by the government in fulfilling pedestrian rights is the need to reform and supervise for the convenience and security of pedestrians, because pedestrians are part of road traffic users who are entitled to good public services.Keywords : Implementation – Pedestrian Rights – Pedestrian Bridge
POLITIK HUKUM PEMBENTUKAN DEWAN PENGAWAS DIKAITKAN DENGAN INDEPENDENSI KEWENANGAN YUDISIAL KOMISI PEMBERANTASAN KORUPSI Gabby Vionalisyah; Emilda Firdaus; Mexsasai Indra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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This study aims to find out how legal politics related to the formation of a supevisory board is associated with the independence of the judicial authority of the corruption eradication commission. The formulation of the problem raised is how the Judicial Eradication Commission’s judicial authority arrangements after the decision of the Constitutional Court and how the legal politics of establishing a supervisory board is related to the independence of the Corruption Eradication Commission’s judicial authority.This research is a normative juridical research, research conducted based on legal material and legislation. The approach taken includes the literature approach, namely by studying books and legislation. The type of data used is the type of premier data, namely the source of data obtained through laws related to the Corruption Eradication Commission’s, secondary data sources namely data sources originating from books and other regulations, consisting of premier legal material, statutory regulation governing the Corruption Eradication Commission’s.The theories used in this research are the theory of state institutions and legal political theory. The results of this study indicate that after the enactment of Law Number 19 of 2019 concerning the second Amendment to Law Numbe 30 of 2002. Concerning Corruption Eradication Commission’s (KPK), the position of the KPK which was originally a non-governmental institution is now included in the executive power cluster, and the existence of the addition of articles in Law Number 19 of 2019 related to the exsistence of a Board of Trustees contained in Article 12B and Article 12C. With the addition of Article concerning the Supervisory Board, the KPK in carrying out its duties and authority is no longer independent and weakens the independence of the KPK.Whereas in the Constitutional Court Decision Number 36/PUU-XV/2017 states, “That the KPK can be object of the DPR’s questionnaire rights in its oversight function, the DPR can exercise its constitutional rights including the inquiry right to the KPK only limited to matters relating to implementation of the duties and authority of the KPK in addition to carrying out the duties and authorities relating to its judicial duties and authorities (investigation, investigation and prosecution)”. This makes no synchronization between the decision of the Constitutional Court Number 36/PUU-XV/2017 with law number 19 of 2019 concerning the Corruption Eradication CommissionKeywords: the authority of the corruption eradication commission, the ruling of the constitutional court, amendments to the law
TANGGUNG JAWAB PERAWAT DALAM MELAKUKAN TINDAKAN MEDIS (INJEKSI VITAMIN C) DI LUAR JAM KERJA DI KABUPATEN SIAK SRI INDRAPURA Nuraliyah, Putri; Firdaus, Firdaus; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Nurses are the most health workers in Indonesia. Nurse staff who perform nursing actions must be in accordance with nurse competencies that have been determined and obtained during the education process. Therefore, the responsibilities of nurses in carrying out nursing duties must be in accordance with nurse service standards, professional standards, operational standards, and the health needs of recipients of health services. The purpose of receiving this thesis, namely: First To find out what is the nurse responsible for medical actions outside working hours. Secondly to find out about what patients should do to the nurses in carrying out medical procedures outside working hoursThis type of research is included in Sociological Juridical research. According to Sutrisno Hadi, Sociological Juridical research is an effort to determine, develop, and test the truth of business knowledge conducted using scientific methods for research. This research was conducted and to complete the data source, the authors conducted research in Siak Sri Indrapura Regency, the data used were primary data, secondary data and data collection techniques in the form of research with interviews and questionnaires.From the results of this study it can be concluded that, First, the Nurses Responsibility for the medical actions carried out, for negligence committed, nurses X must first obtain the delegation of authority from a Doctor who is supported in article 29 of Law Number 38 Year 2014 Regarding Nursing, and uses Law Number 36 Year 2014 Regarding Health Workers Article 68 also describes' Every individual health service action carried out by a health worker must obtain approval. Then the error of medical action carried out by the Nurse without any authority delegated oral or written from the doctor must be the responsibility borne by the Nurse as medical negligence without any delegation of authority obtained.Keywords: Nurse-Responsibility
PERLINDUNGAN HUKUM TERHADAP SAKSI DAN PELAPOR DALAM MENGUNGKAP KASUS NARKOTIKA OLEH KEPOLISIAN RESOR KOTA PEKANBARU Khairani Miftahul Jannah; Evi Deliana; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Human life is inseparable from the problems to be faced and humans cannot avoid them.To overcome this we need a rule that can prevent and impose sanctions on people who do things that are not in accordance with applicable norms or ethics. One of the positive laws that exist in the community is the law governing the protection of witnesses and victims as stated in the state sheet which is the Republic of Indonesia Law No. 31 of 2014 concerning Protection of Witnesses and Victims. During this time many criminal cases have never been touched by the legal process to be tried because none of the witnesses or victims dared to reveal it, the threat of persecution, abduction of victims, witness or family members to murder is the main reason that makes them feel discouraged to be involved in giving testimony. From this background, the problem formulation was born namely, first how is the legal protection of witness and reporters in revealing narcotics crime by Pekanbaru City Police? Second, how is the effort to overcome barries to witness and reporter protection in revealing narcotics crime by Pekanbaru City Police? The purpose of this thesis is to find out the legal protection of witnesses and reporters in revealing narcotics criminal acts by the Pekanbaru City Police and know the effort to overcome the legal protection barriers to witnesses and reporters in revealing criminal acts by the Pekanbaru City Police.This type of research can be classified with research classified into sociological juridical research where the research examines the effectiveness of the law that is in force. From the research result, it is found that, first in protecting the rights of witnesses and victims, the government established an institution called the Witness and Victim Protection Agency (LPSK). Protection of witnesses and/or victims is declared to remain valid as long as it does not conflict with Article 44 of Law Number 13 year 2006 concerning protection of witnesses and victims. Second, the obstacles that occur are physical and psychological threats as well as criminalization efforts againts witnesses and victims or their families that make them afraid to give testimony before the court so that the most basic form of legal protection provide by law enforcement afficials and witness and victim protection agencies against Reporting criminal acts of narcotics abuse only conceal the identity of the reporter so it is not known by the perpetrators and also other syndicates.Keywords: Protection – Law – Witness – Reporter
PERAN PEMERINTAH DALAM PENGAWASAAN PERIZINAN PENGUSAHAAN DAN PENANGKARAN BURUNG WALET BERDASARKAN PERATURAN DAERAH KOTA PEKANBARU NOMOR 3 TAHUN 2007 TENTANG USAHA PENGELOLAAN DAN PENGUSAHAAN SARANG BURUNG WALET Hutagalung, Ayu Reda; Artina, Dessy; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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This research discusses the role of the government in supervising permits for swallow cultivation and breeding based Pekanbaru City regional Regulation No. 3/2007 concerning the Management and Management of Swallow's Nest. article 6 paragraph 1 states that every person or entity that manages and operates swiftlet nests must have permission from the Mayor. However, after being passed, the regional regulation could not yet be implemented as it should. The facts in the field show in the implementation of supervision, that the breeding of swallow's nests in the city of Pekanbaru does not run according to applicable regulations.The type of legal research used by the author is the type of sociological legal research. This research was conducted in Pekanbaru City. the population and sample are parties related to the problem under study, namely the Pekanbaru City Environment and Sanitation Office, the Pekanbaru City Agriculture and Fisheries and Fisheries Office, the Investment Office and the One Stop City Integrated Service Pekanbaru, Swallow business owner in Pekanbaru City.From the results of this study the authors conclude that the role of the government in conducting surveillance carried out by the Department of Agriculture and Fisheries of the City of Pekabaru ad the Office of Environment and Cleanliness of the City of Pekanbaru, has not been implemented in accordance with existing regulations and management. Judging from the many swallow entrepreneurs in Pekanbaru City who have not registered their business licenses at the Pekanbaru City Investment and One Stop Integrated Service Office. The obstacle in implementing Pekanbaru's regional regulations in overseeing the management of swallow's nest business is the lack of Human Resources (HR), there are no more entrepreneurs coming to apply for licensing and supervision is not running because there is no complaint from the public in Pekanbaru city for swallow's nest entrepreneurs.Keywords: Oversight-Government-Entrepreneur of Swallow’s Nest