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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
Arjuna Subject : -
Articles 2,579 Documents
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PERLINDUNGAN HUKUM ATAS PEMBATALAN ORDER PEMBELIAN MAKANAN SECARA SEPIHAK OLEH KONSUMEN MELALUI LAYANAN GO-FOOD PADA APLIKASI GO-JEK Lisa Novalia Cuyana; Hayatul Ismi; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

GOJEK is a social soul technology company that aims to improve the welfare of works in various informal sector in Indonesia. GOJEK which is an online based transportation developed by PT.GOJEK Indonesia has several services or features, one of which is GO-FOOD. GO-FOOD service in the GOJEK application is a food delivery service in which an agreement between the service provider and the costumer occurs. PT.GOJEK Indonesia through its system in the GOJEK application can bring together costumer as food order with drivers and carries.This type of research can be classified in the type of research that sosiological, because in this study the authors directly conduct research at the location or place of study in order to provide a complete and clear picture of the problem under study. The study was conducted at the Land Transportation Management Area IV in Riau Province and Riau Island Province and Basecamp GOJEK Banten Pekanbaru City, while the population and the sample are all parties related to the problems axamined in this study, the sources of the date used, primary, secondary and tertiary, than the collection in this study by interviews and library study.From the result of the research problem there are two main things that are concluded. First, legal protection for unilateral cancellation of orders in accordance with Article 1338 of the Civil Code regarding freedom of contract and Law Number 11 of 2008 concerning information and electronic transaction. Where in this provision it is in accordance with the application GO-JEK that the driver and consumer have made an agreement through electronic transaction as outlined in the electronic contract binding the parties. Secondly, due to the law arising from unilateral cancellation carried out by consumers based on Article 1365 regarding acts against the law, consumers are required to make compensation for actions taken against the driver who has suffered losses.Keywords: Legal Protection, Driver, Unilateral Cancellation
IMPLEMENTASI PENDAFTARAN BPJS KESEHATAN OLEH PERUSAHAAN TERHADAP PEKERJA PADA PT. SINAR RAYA PERMAI Theofilus, Theofilus; Bachtiar, Maryati; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

The armed conflict that occurred in Wamena in Papua caused many victims,including children. So the need for special legal protection for children who are in conflictsituations. As in article 60 of Law Number 35 Year 2014 concerning Amendments to LawNumber 23 of 2002 concerning Child Protection, it states: children in an emergency situationas referred to in article 59 paragraph (2) letter a consist of: a. Children who become refugeesb. Children victims of riots; c. Child victims of natural disasters; and d. Children in situationsof armed conflict. Based on the main ideas above, it can be formulated several problems,namely whether the form of criminal acts committed against children in the area of armedconflict in Indonesia and how the legal protection of children from criminal acts in the areaof armed conflict in Indonesia.The writing of this thesis uses the normative legal research method by collectingdata by library research, namely by examining library materials or secondary data in theform of primary legal materials namely related regulations, secondary legal materials namelyrelated documents and tertiary legal materials which is a guide to primary and secondarylegal materials or research on legal systematics. The secondary data that has been compiledare then analyzed using qualitative methods to obtain results, which are forms of protectionfor children in conflict areas, that is, doing things that can accelerate the conducive situationin the field, besides the government in particular, and other supporting elements to furtheroptimize efforts to restore children's health and post traumatic psychological handling inchildren. The conclusion from the results of the study, namely the legal protection of childrenin armed conflict areas in Indonesia who get violence such as murder, sexual harassment orrape is still not working properly, because there are still many children who are victims.Where the rules regarding legal protection of children in conflict areas are still general innature which are civilians. Where the Indonesian government should make special rulesregarding the protection of children in areas of armed conflict. This is the cause of the lack ofjustice obtained by children.Keywords: Legal Protection, Children, in the Area of Armed Conflict
PENERAPAN HUKUM DI TINGKAT PENYIDIKAN TERHADAP PELAKU TINDAK PIDANA PENYELUNDUPAN MANUSIA (PEOPLE SMUGGLING) DI WILAYAH HUKUM KABUPATEN BENGKALIS Ega Suzana; Erdianto Effendi; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The smuggling that occurs in Bengkalis District, Bengkalis Regency is due to the Bengkalis islands, so that there are many official and unofficial port lines directly bordering several neighboring countries such as Malaysia and Singapore.So it becomes a crossing in and out of people smuggling. Bengkalis District Police Department in 2019 succeeded in arresting 1 suspect and securing 8 (eight) people who came from Sumatra and Java. In 2018 the police also secured 4 suspects in human smuggling cases, all of whom were the majority of original Bengkalis residents.This type of research is classified as sociological research, because in this study the author directly conducts research at the location or place in order to provide a complete and clear picture of the problem under study. This research was conducted at Bengkalis Resort Police, while the population and sample are all parties related to the problem examined in this study, the source of the data used, primary data, and secondary data, and tertiary data, the data collection techniques in this study were carried out by interview, and literature study.The results of the study include: First, the investigation of human smuggling crimes in Bengkalis District handled by the Bengkalis District Police is not optimal. Second, the factors of this smuggling activity are organized, the mode of operation is interrupted, the budget, the lack of legal awareness in the community.Third, efforts to deal with human trafficking crimes that are effective and efficient in handling this case by conducting strict safeguards on official and unofficial channels, adding costs, completing facilities and infrastructure, providing protection to victims, and approaching the community regarding the dangers of smuggling crimes. human.Keywords: Invistigation-People Smuggling- suspect
PENEGAKAN HUKUM TERHADAP PELANGGARAN LALU LINTAS BERUPA PENGGUNAAN KNALPOT RACING DI WILAYAH HUKUMKEPOLISIAN RESOR KOTA PEKANBARU Tri Zulkhaidir; Dessy Artina; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

According to the Law of the Republic of Indonesia Number 22 Year 2009 concerning Traffic and Road Transportation Article 285 (1) reads Every person who rides a motorcycle on a road that does not meet the technical requirements and is road worthy includes the exhaust as referred to in Article 106 paragraph (3) juncto Article 48 paragraph (2) and paragraph (3) shall be sentenced to a maximum imprisonment of 1 (one) month or a maximum fine of Rp.250,000.00 (two hundred and fifty thousand rupiah) "but in the implementation there are still many vehicles that use racing exhaust escaped police surveillance. The formulation of the problem in this study is about how law enforcement against perpetrators of racing exhaust violations in the Pekanbaru City Police jurisdiction, What are the obstacles to law enforcement against traffic violations in the form of the use of racing exhausts in the Pekanbaru City Police Department jurisdiction, and how law enforcement efforts against violations traffic in the form of the use of racing exhausts in the jurisdiction of the Pekanbaru City Police Department. The purpose of this study is to find out how law enforcement, obstacles, and how efforts in applying to traffic violations related to law enforcement against traffic violations in the form of the use of racing exhausts in the Pekanbaru City Police jurisdiction. This research is classified as a type of juridical empirical research or sociological legal research. The nature of this research is descriptive research, namely methods intended for exploration and clarification of a phenomenon or reality, describing the problem and the unit under study. Law enforcement against perpetrators of racing exhaust violations in the jurisdiction of the Pekanbaru City Police, there are two attempts to overcome obstacles to law enforcement against perpetrators of racing exhaust violations in the jurisdiction of the Pekanbaru City Police, namely preventive and repressive measures. Keywords: Law Enforcement, Traffic Crimes, Traffic Violations, Racing xhaus
PERLINDUNGAN HUKUM TERHADAP KONSUMEN PENGGUNA PARFUM ISI ULANG YANG TIDAK MENCANTUMKAN LABEL KOMPOSISI DI KOTA PEKANBARU Dumai Putra Mulia Pasaribu; Maryati Bachtiar; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Along with the era of free trade, nowadays various types of cosmetics are circulating in the market with various uses from various brands as well. Cosmetic products, which are the result of the development of the pharmaceutical industry, have now developed into one of the basic needs of the community along with the development of people's lifestyles. Business actors are competing to produce various kinds of beauty products with various uses for the community to attract as many consumers as possible . Human desire to always look more beautiful, beautiful and perfect. There is still a sale of refill perfume in Pekanbaru City that does not include this composition label, which can endanger consumers in using the refill perfume. The dangers arising from using this refill perfume can cause irritation to the skin with perfume levels that are not in accordance with what has been set by the BPOM besides that it can also cause inflammation of the skin cells so that it can cause skin cancer.The problems that the authors make the basis for in this study are how legal protection for consumers related to the use of refill perfumes that do not include composition labels in the city of Pekanbaru and how are business actors responsible for refill perfume products that do not include composition labels in the city of Pekanbaru.This type of research can be classified into the type of empirical or sociological research, because in this study the author directly conducts 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 conducted in Pekanbaru CityThe results of this study are first. Protection for consumers related to the sale of cosmetic products without material composition regulated in the UUPK is contained in Article 4 letter c. The right to information is important for consumers, because with information consumers can choose the desired product and avoid losses due to misuse of the product. Providing information is also an obligation of business actors as regulated in Article 7 letter b. In addition to protection through rights and obligations, protection of consumers can also be protected by actions that are prohibited by business actors as regulated in Article 8 letter IUUPK. Second, responsibility is the obligation of business actors if consumers feel disadvantaged. Regarding the responsibilities of business actors regulated in Article 19 UUPK. Business actors can be responsible by providing compensation in the form of refunds or replacement of goods.Keywords: Consumers, Business Actors, Refill Perfume
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.
PENYELESAIAN SECARA ADAT TINDAK PIDANA PENIPUAN OLEH NINIK MAMAK TERHADAP TANAH ULAYAT MASYARAKAT DESA SAHILAN DARUSSALAM KECAMATAN GUNUNG SAHILAN Prabowo, Nugrah; Bachtiar, Maryati; R, Mukhlis
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Land has a very close relationship with humans. The existence of customary rights shows that customary rights have a place and recognition from the State as long as in reality they still exist. The adat community of Gunung Sahilan village, Gunung Sahilan sub-district, Kampar district, is one of the indigenous communities that has a customary land conflict. With regard to the use and management of customary lands in the area of the indigenous communities of Gunung Sahilan village, Gunung Sahilan sub-district, Kampar regency there should be coordination with ninik mamak. but in reality, the role of ninik mamak is no longer applied.The conclusion that can be obtained from the results of the research is First, the Existence of Customary Land in Indigenous Peoples in Kenegerian Sahilan Darussalam Sahilan District, Kampar Regency has begun to fade and slowly began to disappear with the times and civilization. People who intend to open the land must have begun to rarely inform / ask ninik mamak who knows the ins and outs of the land so that customary law is still the main tool in the community. Second, the Settlement of the Land of Ulayat conflicts in Indigenous Peoples in Kenegerian Sahilan Darussalam, Sahilan District, Kampar Regency in general is almost the same between one country and another. The procedure begins with a complaint by the party that feels disadvantaged to the king or the chief either directly or through an intermediary, then the summons of the parties and the final stage of the King / customary judge will conclude what was discussed earlier in the deliberations. and Third, the Obstacles of Ninik mamak in the Malay Customary Institution of the Sahilan Darussalam Village in Resolving the Conflict of Ulayat Land of the Sahilan Darussalam State, among others, consisting of not reaching an agreement between community leaders and PT. RAPP, lack of authority ninik mamak, inaccurate land area and lack of government role.Keywords: Existence, Landslides, Indigenous Peoples, Kenegerian Mount Sahilan
ANALISIS YURIDIS PENYALAHGUNAAN UNMANNED COMBAT AERIAL VEHICLE (COMBAT DRONE) SEBAGAI SENJATA PERANG DITINJAU DARI HUKUM HUMANITER INTERNASIONAL ROY FALDI ANPRATAMA; Evi Deliana; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

The development of the use of weapons technology is currently growingrapidly darting. One of them is the use of technologiUnmanned Aerial Vehicle(UAV) / Drone (aircraft without crew) controlled through a remote control which isused as a weapon into Unmanned Combat Aerial Vehicles (UCAVs) CombatDrones (unmanned aircraft equipped with weapons) which some countries are verymeaningful to minimizing risk in conflict weapon since only be controlled remotelyand claimed can fly up to tens of hours is on one hand very lucrative military field.On the other hand, the impact from the use of these drones should also benoted, because the resulting impact very seriously and according to some legalexperts that the use of armed drones (Combat Drone) violates human rights andlegal humanitarian. One of the example is the impact of such attacks deprive thelives of many people, like the case of the American drone attacks in Pakistan since2004 to 2018 according to the humanitarian agency International bureau ofinvestigates has killed over 4,026 souls therein 2.515- including civilians andchildren due to their use in targeting attacks are indiscriminate.From the results obtained, as the development of weapons such as CombatDrone technology, use of drones as weapons should be formulated in a particularlegal seal the document. Therefore, countries that are currently using dronetechnology should agree to establish the rule of law, so that there is no legal vacuumin the regulation on the use of drones especially relating to its use as a weapon inarmed conflict. The formulation of the rule of law should also pay attention tointernational humanitarian law. Because if not defined, it is very difficult for thestate to define the limits associated used such weapons look very bad impactproduced in the humanitarian field.Keywords: - Drone - Unmanned Combat Drone - Law Enforcement -Internaisonal Humanitarian Law - Legal – Accountability
PERANAN SUBDIT V POLDA RIAU DALAM PENANGGULANGAN TINDAK PIDANA TERORISME MELALUIDUNIA VIRTUAL( CYBERTERRORISM ) Jonathan Christoper Silalahi; Erdianto Erdianto; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Terrorism is a crime that is classified as special / extraordinary (extraordinary crime). Terrorism is considered a criminal act that not only harms others but also violates humanitarian principles. As the times developed, terrorism launched its actions by expanding its operations through computer networks or virtual worlds. In matters relating to the handling of criminal acts of terrorism through the virtual world, the role of law enforcement officials is needed, especially from Sub-Directorate V of the Riau Regional Police. The purpose of writing this thesis is: first, to find the obstacles of Subdit V Polda Riau in dealing with criminal acts of terrorism through the virtual world (cyberterrorism). Second, to find out the efforts of Subdit V Polda Riau in dealing with criminal acts of terrorism through the virtual world (cyberterrorism).The research method of this thesis uses a type of sociological legal research, research which is carried out by conducting legal identification and how the effectiveness of the law applies in society. This research is descriptive. Sources of data used are primary data and secondary data, which consists of primary legal materials, secondary legal materials, and tertiary legal materials. Data collection techniques in this study are using interviews and literature review, after the data is collected then analyzed to draw conclusions.From the results of research and discussion, it can be concluded that, first, in the implementation of law enforcement by Sub-Directorate V of the Riau Regional Police against criminal acts of terrorism through the virtual world (cyberterrorism), obstacles were found, namely from internal factors of Sub- Directorate V Polda Riau such as limited personnel and members who are less skilled and experienced in the field, minimal budget, infrastructure, and the presence of external factors such as conditions in the field or society as well as legal factors. Second, in the countermeasures carried out by Subdit V of the Riau Police against criminal acts of terrorism through the virtual world (cyberterrorism), namely by increasing the number of personnel or human resources, completing infrastructure and also increasing operational costs. In addition, investigators also provide appeals, counsel to the public on criminal acts of terrorism through the virtual world (cyberterrorism), form a special team to maximize surveillance that occurs in the community, and in facing obstacles from legal factors, it is necessary to harmonize law or policy formulation of laws. crimes relating to criminal acts of terrorism through the virtual world (cyberterrorism).Keywords: Sub Directorate V - Prevention - Crime of Terrorism – VirtualWorld
NEPOTISME DALAM PERSPEKTIF HUKUM PIDANA INDONESIA Dahniati, Dahniati; Jayakusuma, Zulfikar; Ferawati, Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Nepotism is any act of the conduct of the state against the law that benefits the interests of his family and / or cronies above the interests of the community, nation and state. The practice of nepotism is still frequently practiced in Indonesia, it has even become a public secret in the process of recruiting new employees, both in government agencies and companies and in the private sector. Nepotism is regulated in Act Number 28 of 1999 concerning Organizers that are Clean, Corruption-Free, Collusion and Nepotism. The ratification of the Act should have been the legal basis for prohibiting the practice of nepotism, along with corruption and collusion. But in reality the case of nepotism in Indonesia has never been heard at all despite numerous complaints, statements and evidence.This type of research can be classified in normative juridical research, because this research was conducted by examining secondary data and approaches to the law, this normative study examines the principles of law. Sources of data used are primary data, secondary data, tertiary data, data collection techniques in this study are normative juridical, the data used is literature study.The results of the research conducted by the author are that the regulation of Nepotism is still very weak and the problem of law enforcement institutions authorized to enforce the law against nepotism has not been effective. Therefore to be able to enforce the rules regarding nepotism and to eradicate it, it is necessary to have an effort to reform Law No. 28 of 1999 concerning State Administrators that are Clean, Corruption-Free, Collusion and Nepotism. In addition to improvements in legal arrangements or norms regarding nepotism, cooperation is also needed between law enforcement officials in order to effectively enforce the rule of law regarding nepotism by holding special opinions needed by special investigators to prevent and eradicate the crime of nepotism. And the need for socialization by law enforcement officers to the public about the importance of knowledge of the efforts to prevent and eradicate the crime of nepotism.Keywords: Criminal Acts, Nepotism Regulation, Nepotism, Prohibiting Proof

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