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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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KAJIAN TERHADAP PENGALIHAN HAK TANGGUNGAN YANG TIDAK BERDASARKAN UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 4 TAHUN 1996 TENTANG HAK TANGGUNGAN ATAS TANAH BESERTA BENDA-BENDA YANG BERKAITAN DENGAN TANAH (Studi Kasus antara PT. Bank Jtrust Indonesia Tbk, PT. Asuransi Sinar Mas Tbk dan PT. Maneo Capital Indonesia) Atikah, Muhana; Bachtiar, Maryati; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Mortgage rights are security rights that are imposed on land rights as referred to in Law Number 5 of 1960 concerning Basic Agrarian Regulations, including or not including other objects that are an integral part of the land, for the settlement of certain debts, which gives priority to certain creditors over other creditors as regulated in Law Number 5 of 1960 concerning Basic Agrarian Regulations (UUPA), Article 1 point (1) of Law of the Republic of Indonesia Number 4 of 1996 concerning Mortgage on Land and Objects Related to Land (UUHT). However, the existence of the deed of agreement for the transfer of receivables will not be binding or will give any legal consequences to cessus (debtor) if the cessus (debtor) transfer of receivables has not been notified to cessus (debtor) or in writing is not recognized or approved by cessus (debtor as well as the transfer). Mortgage rights must be registered by the new creditor to the land office as referred to in Article 16 paragraph 1 UUHT. Based on these problems the author is interested in knowing first, what is the reason for the transfer of land rights between PT. Bank Jrust Indonesia Tbk, PT. Asuransi Sinar Mas Tbk. and PT. Maneo Capital Indonesia?Secondly, what can be done by the aggrieved party regarding the transfer of land rights between PT. Bank Jrust Indonesia Tbk, PT. Asuransi Sinar Mas Tbk and PT. Maneo Capital Indonesia?This type of research is classified as a sociological legal research. In normative legal research, the data sources are primary data sources and secondary data sources consisting of primary legal materials, secondary legal materials and tertiary legal materials. The collection of normative legal research data uses data collection techniques by means of interviews, questionnaires and literature studies. The data obtained through the literature study will be analyzed qualitatively. In drawing conclusions, the author uses deductive thinking methods, namely a way of thinking that draws conclusions from a general statement or proposition into a specific statement.Keywords: Transfer – Mortgage – Cessie
Tinjauan Yuridis Mengenai Pembelaan Terpaksa (Noodweer) Sebagai Alasan Penghapus Pidana (Studi Putusan Nomor: 1/Pid.Sus-Anak/2020/Pn Kpn) Lina Dwita Damryani Situmorang; Mukhlis R; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

The reason for the annulment of punishment is a regulation that is primarily aimed at judges. This regulation stipulates the various circumstances of the perpetrator, who have fulfilled the formulation of offenses as stipulated in the Law, who should be convicted, but not convicted If a person who makes a forced defense which is the reason for the annulment of punishment, is later found guilty of his treatment, then this is clearly contrary to the substance of the rule of law itself as in Article 49 of the Criminal Code.This study will examine the subject matter according to the scope and identification of the problem through a normative juridical approach, with the analysis of Decision Number 1 / Pid.Sus-Anak / 2020 / Pn Kpn. Based on the normative research method, the data source used in this study is a secondary data source consisting of 3 legal materials, namely: primary legal materials, secondary legal materials, tertiary legal materials. Data collected from literature study.Then from the results of the research related to the noodweer, there were cases related to forced defense, including in Decision Number 1 / Pid.Sus-Anak / 2020 / Pn Kpn which started from the perpetrator who made a forced defense by committing acts of persecution which led to the death of a person. , was convicted and convicted as a perpetrator of a criminal act of maltreatment and ended in the defendant being convicted by imposing a punishment for Development in an Institution at a Child Welfare Institution for 1 year. This is certainly contrary to Article 49 of the Criminal Code, which should not be punished, especially because the perpetrator is a child.Keywords: Application of Forced Defense (Noodweer) - Decision Number: 1/Pid.Sus-Anak/2020/Pn.Kpn
POLITIK HUKUM KEBIJAKAN PEMERINTAH DALAM MENJAGA MUTU PENDIDIKAN NASIONAL PADA TINGKAT PERGURUAN TINGGI DI MASA PANDEMI COVID-19 Tua, Guido Gomgom; Artina, Dessy; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

Covid-19 is a global pandemic and a global health problem. The great threat of the Covid-19 pandemic is a test for the government of every country in fighting it, whether sooner or later, efficient or inefficient, effective or ineffective. The 1945 Constitution of the Republic of Indonesia has placed the law in a supreme and decisive position in the Indonesian constitutional system. So that all actions taken by the government must have a legal basis. In maintaining the quality of education at the tertiary level during the Covid-19 pandemic, the government issued a legal policy in the form of joint decrees and circulars in which it hopes to maintain the quality of education during the Covid-19 pandemic. The purpose of writing this thesis, namely: first, to find out the legal politics of government policies in maintaining the quality of national education, especially at the university level during the Covid-19 pandemic. Second, to find out the ideal concept of government policy in maintaining the quality and/or improving the National education system, especially at the Higher Education level during the Covid-19 Pandemic.This type of research can be classified in the type of juridical normative research, because in this study in addition to using secondary data, the authors also conduct interviews to provide an overview of the problems studied. Sources of data used are primary data and secondary data. In this paper using qualitative data analysis which means explaining and concluding about the data that has been collected by the author. through literature that investigates and takes an inventory of legal materials with documents, literature books, legal journals, laws and interviews related to the object of research.The results of the research and discussion can be concluded: first, that the Covid-19 pandemic requires learning that was originally offline to be online, in this case the government issues policy regulations which are the result of legal politics to help carry out online education during the Covid-19 pandemic. Second, because the policy regulations do not have legal force and the resolution of the Covid-19 pandemic is not yet clear, therefore ideally the government should make the Covid-19 pandemic the basis for forming statutory regulations and/or revising existing laws.Keywords: Education - Higher Education - Covid-19 Pandemic
AKUNTABILITAS DAN TRANSPARANSI LAPORAN PENGGUNAAN DANA DESA KEPADA MASYARAKAT DI DESA KASIKAN KECAMATAN TAPUNG HULU KABUPATEN KAMPAR PROVINSI RIAU Muzaki, M. Abd.; Indra, Mexsasai; Tiaraputri, Adi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

Accountability and openness are forms that are pursued in creating good governance. The accountability that must be carried out by the government is an embodiment of efforts to provide information related to every action or activity of government administration that has village finances. In this case, it cannot be separated from both the central government to the smallest level, namely the village government which is the focus of this research. As for the form of village government accountability in the form of an obligation to provide transparency in the form of budget realization, realization of activities, remaining budget and address of complaints to the village community as stated in article 72 of the minister of home affairs regulation number 20 of 2018 concerning village financial management. However, in this case, the village government of Kasikan, Tapung Hulu Subdrict, Kampar District, has not implemented it optimally.This type of research is a sociological juridical which emphasizes a research approach to the legal aspects related to the subject matter to be discussed, related to the facts or facts in the research location. This research was conducted in Kasikan Village, Tapung Hulu District, Kampar District, Riau Province. By conducting research in the Kasikan village government, the Kasikan Village Consultative Body, Customary Figures, PKK, and Kasikan Village Communities.In the result, there are three main points that can be concluded. First, the accountability and tranaprency of reports on the use of village finances to the community carried out by the kasikan village government have not been implemented properly according to the mechanism in accordance with applicable regulations. Second, the inhibiting factor in implementing the fulfillment of community rigths related to village finances by the village government is due to the wide area of the kasikan village, inadequate human resources, weak community participation, and inadequate facilities and infrastructure in village administration. And third, efforts to fulfill village financial reporting obligations to the community by the village government are only carried out in the form of banners and billboards in front of the kasikan village office. However, the village government will strive to increase community participation and further increase the suvervision of the village consultative body.Keyword: Accountability-Financial-Village
FUNGSI PENGAWASAN DEWAN PERWAKILAN DAERAH KABUPATAN KUANTAN SINGINGI TERHADAP PERATURAN DAERAH NOMOR 7 TAHUN 2012 TENTANG RETRIBUSI PELAYANAN PASAR DI KABUPATEN KUANTAN SINGINGI HIDAYATUL QONITA NAFRIAL; Emilda Firdaus; Mexsasai Indra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

Given the importance of implementing regional autonomy, the government makes the market a priority program to increase income and also economic welfare for the community. Therefore, the Kuantan Singingi Government makes the market one of the potential sources of regional income. Kuantan Singingi has 12 traditional markets located throughout the Kuantan Singingi Regency which are managed by the local government and 34 village markets managed by the village government. This thesis discusses the supervisory function of the Regional Representative Council of Kuantan Singingi Regency against Regional Regulation Number 7 of 2012 concerning Market Service Retribution in Kuantan Singingi Regency.This type of research can be classified in the type of sociological legal research, or called field research, namely examining the applicable legal provisions and what is happening in reality in society. The research location is at the Regional Revenue Agency Office of Kuantan Singingi Regency and is carried out at the Market in Kuantan Singingi Regency. Sources of data used, namely: primary data and secondary data in the form of primary legal materials, secondary legal materials and tertiary legal materials. Data collection techniques in this study were interviews and literature study. Data analysis was carried out qualitatively, namely the data obtained not using statistics or mathematics or the like.The conclusion of this study is that the supervisory function of the Regional House of Representatives of Kuantan Singingi Regency against Regional Regulation Number 7 of 2012 concerning Market Service Retribution in Kuantan Singingi Regency has not implemented a systematic monitoring mechanism. Obstacles to supervision activities against Regional Regulation Number 7 of 2012 concerning Market Service Fees in Kuantan Singingi Regency are the laws that have been formed and agreed upon are not implemented properly, the ineffective communication and coordination between the executive and the legislature at the Kuantan Singingi Regency Regional Level and cultural factors The law is the supervision by the Kuantan Singingi Regency DPRD as the essence of the control function of the legislative body. Efforts to supervise the Regional People's Representative Council of Kuantan Singingi Regency are to effectively implement the law that has been formed and agreed upon, the executive and the legislature at the Regional Level of Kuantan Singingi Regency communicate and coordinate, so that effective law enforcement is realized and the third legal culture effort is the legislature. and executives should work together in administering the local government of Kuantan Singingi Regency. The writer's suggestion is that the DPRD is expected to be able to play its role optimally in carrying out the control function on the management of the Kuantan Singingi Regency Market Retribution.Keywords: Supervision Function - Regional Representative Council of Kuantan Singingi Regency - Market Service Retribution.
PELAKSANAAN PERJANJIAN PEMBIAYAAN DENGAN JAMINAN FISDUSIA ANTAR PT. ARJUNA FINANCE DENGAN DEBITUR DI KABUPATEN KAMPAR Sarthi, Ully Trand; Bachtiar, Maryati; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

The public’s need for financing is now increasingly high, along with thedevelopment of technology, the necessities of life are also increasing following theflow of security developments, so that there are also many financing institutions,both bank and non- bank financing institutions , where the financing institution isthe goal of society to meet their needs, especially financing. Both financinginstitutions in the form of provision of funds and capital goods, one of which isPT. Arjuna Finance. The objectivesof this thesis are:first, to find out the rights and obligationsof the parties in the financing agreement with a fiduciaryguarantee between PT.Arjuna Finance and debtors in Kampar Regency; Second to find out the legalconsequences that arise in the event of default in the financing agreement with afiduciary guarantee between PT. Arjuna Finance with debtors in KamparRegency.where the debtor of PT.Arjuna Finance still has many violations of thelaw namely defaults without meeting an achievement that has been agreed uponor mutually agreed upon with the creditor.The type of legal research used by the author is a type of sociological legalresearch and can also be said to be field research,which is to study the applicablelegal provisions and what happens in the reality of society with the intention ofknowing and finding the required facts and data. While the nature of this researchis descriptive qualitative by providing a general explanation of theimplementation of the financing agreement with a fiduciary guarantee betweenPT. Arjuna Finance with debtosr in Kampar Regency.The results of this study are that in the implementation of the financingagreement with fiduciary guarantee between PT. Arjuna Finance and the debtorsin kampar regency, it does not fully run according to the agreement agreedbetween the debtors and the creditor. This is due to the existence of customerswho do not exercise their rights and obligations as good debitor so that there arestill many debitor who default in the financing agreement with the fiduciaryguarantee of PT. Arjuna Finance. Keywords: Agreement, Debtors, Creditors, Implementation, Fiduciary
TINJAUAN TENTANG PEMENUHAN SERTIFIKASI HALAL PADA PRODUK MAKANAN RESTORAN KOREA BERDASARKAN UNDANG�UNDANG NOMOR 33 TAHUN 2014 TENTANG JAMINAN PRODUK HALAL DI KOTA PEKANBARU nudirwan, wawan; Jayakusuma, Zulfikar; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

The existence of Korean restaurants has now become a culinary choice trend for Indonesian people, especially in Pekanbaru City. The problem is that consumers tend not to know whether the composition of Korean cuisine has been adapted to the identity of consumers who are predominantly Muslim. So with that, it is the responsibility of Korean restaurant businesses to ensure that the processed food is halal, both in terms of composition and processing process, as has been regulated in Undang-Undang Nomor 33 Tahun 2014 tentang Jaminan Produk Halal. The purpose of writing this thesis: first, to determine the implementation of the implementation of halal product assurance in Korean restaurants in Pekanbaru City. Second, to find out the responsibilities of business actors in providing guarantees for halal products at Korean restaurants in Pekanbaru City.The type of research used in this legal research is sociological legal research. Analysis of the data used is the author analyzes the data qualitatively. In drawing conclusions, the writer uses deductive thinking method, which is a way of thinking that draws conclusions from a general statement or proposition into a specific statement.The results of the study concluded that the implementation of the implementation of halal product assurance at Korean restaurants in Pekanbaru City had not run optimally. There are still business actors who do not apply JPH to their restaurant business. Of the 10 Korean restaurants, 5 restaurants do not include halal labels, 2 restaurants fake halal labels, 2 other restaurants include halal labels but are not easily seen by consumers, 1 restaurant has halal labels that are easy to see. For halal certificate ownership, 8 restaurants are halal certified by MUI, 2 other restaurants are not halal certified
PERLINDUNGAN HUKUM BAGI NASABAH BANK ATAS TERJADINYA CARD SKIMMING ATM Syahputra, M.Ikhsan; Bachtiar, Maryati; Dasrol, Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

The existence of an electronic transaction systems are very supportive for economic movements, specially in financial transactions, with the result that encouraging public confidence in economy which actually prioritizes speed and efficiency which provides simplicity and convenience. Electronic transaction facilities that are widely used by the public are ATM. In addition to providing various conveniences for customers, ATMs can actually cause some problems for its users, such as ATM fraud using the skimming method which is detrimental to the user's customers that make customers unsecured. In Law Number. 8/1999 that describe about Consumers Protection, the rights of consumers are regulated, which is to get safety and comfort in using goods or services. Therefore, This thesis is to find out how legal protection for customers on consumers who experience ATM losses in the use or caused by third parties.This thesis method is using normative juridical research’s method. This research’s type is descriptive analytical. Sources of legal materials that used in this thesis are primary and secondary legal materials. This thesis’s data collection techniques using qualitative methods. Based on the results and discussion, it is concluded that there is no law or act that specifically regulates the use of ATMs and legal protection for customers, and legal protection for Indonesian customers is carried out by means of prudential principles and the bank must know every customers as institutions of public trust. In carrying out all its business activities, in this case including ATM services, banks can provide clear and transparent security; based on Paragraph 29 section 3 and section 4 of Law Number.10 of 1998 that concerning about Banking; then based on the regulation of the Financial Services Authority Number 1 / POJK.07 /2013 that concerning about Consumer Protection in The Financial Services Sector which is paragraph 25 that mentioned about the obligations of financial service business; legal protection for customer data by providing a system security that can protect customers and anticipate losses for customers when using ATMs, can be overcome by using an ATM card based on chip technology.Keywords: Legal Protection, ATM, Card skimming
PELAKSANAAN PERJANJIAN KERJASAMA DENGAN SISTEM BAGI HASIL WARUNG COBEK DAN GOPEK DI KOTA PEKANBARU Salsabilla, Syafira; Lestari, Rika; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

Cooperation is an agreement where a person first binds himself with another party according to the will of each of the parties. the agreement is valid as a law, then this is in accordance with Article 1338 of the Civil Code paragraph (1), namely all agreements made legally valid as law for those who make them. Warung Cobek and Gopek are one of the typical culinary businesses that offer a variety of food and drink menus, especially foods with spicy characteristics. In this writing the author focuses on the Cooperation Agreement between the owner of the Warung Cobek and Gopek with the owner of the capital. The purpose of writing this thesis: First, to find out the implementation of the cooperation agreement with the profit-sharing system for the Cobek and Gopek stalls in Pekanbaru City. Second, to determine the implementation of the principle of good faith in the implementation of the cooperation agreement with the profit-sharing system for the Cobek and Gopek stalls in Pekanbaru City. The author conducts research with sociological legal research methods, namely research conducted by conducting legal identification of how the effectiveness of law enforcement applies in society. This research is classified in the type of sociological research, because it directly conducts research on the location or point being examined to provide a complete and clear picture of the problem being examined. This research was conducted at Warung Cobek and Gopek and PT. Hensa Wisata Pekanbaru City, while the sample population was all parties related to the problems studied in this study, the data sources used, primary and secondary data, data collection techniques in this study by interviews, literature review, and data analysis. From the results of the study, there are three main things that can be concluded: First, the implementation of a cooperation agreement with a profit sharing system for Cobek and Gopek stalls in Pekanbaru City. Second, the implementation of the principle of good faith in the implementation of the cooperation agreement with the profit-sharing system for the Cobek and Gopek stalls in Pekanbaru City. The author's suggestion, in this study, is that the first party as the owner of the Warung Cobek and Gopek culinary business must fulfill achievements in the form of paying off debts to the second party as the owner of capital. This is done in order to achieve the main purpose of making an agreement. The agreement must be mutually beneficial to the parties. If the repayment of the debt does not go smoothly, then it does not heed an agreement because it is detrimental to one of the parties. With this good faith, it can make a problem that started off complicated become a little lighter because of the good faith or honesty, humility carried out by the first party. Good faith in paying off debts that should not have passed the time limit for the umpteenth time that has been determined after the relief or extension of time given by the second party.Keywords: Agreement – Cooperation
TANGGUNG JAWAB PEMERINTAH DALAM MEMBENTUK PERATURAN PELAKSANA YANG DIDELEGASIKAN OLEH UNDANG-UNDANG DITINJAU DALAM PERSPEKTIF KEPASTIAN HUKUM Silaban, Dessy Fransiska Br.; Firdaus, Firdaus; Artina, Dessy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

Government regulations are regulations that make the provisions of a law work or be treated. In other words, government regulations are the implementing regulations of law. Implementing regulations are regulations that are located under the law which function to administer the provisions of the law. Implementing regulations originate from the authority of the delegation, the delegation of authority in the formation of statutory regulations is the delegation of authority to form laws and regulations carried out by higher statutory regulations to lower legislations The main problem is that laws delegate the formation of government regulations as implementing regulations of laws, but with a long period of time the government has not yet established and issued government regulations. Government policies are considered to be able to be demanded to establish and issue government regulations in a timely manner according to the time period determined by law so that there is no legal vacuum in the implementation of a rule, the demands of this government policy as a benchmark for the government to be responsible for issuing government regulations for guarantee legal certainty, that the law is carried out, that those who are entitled according to law can obtain their rights and that decisions can be enforced. The implementation of the law is in accordance with the sound so that the community can ensure that the law is implemented.The objectives of this study are: First, to determine the government's responsibility in forming implementing regulations delegated by law in terms of legal certainty, Second, to determine the urgency of implementing regulations delegated by law in terms of legal certainty. This type of research is normative legal research or literature law research using research methods on legal principles.From the research, there are two main points that can be concluded. First, the central government is responsible for establishing and issuing government regulations as implementing regulations that are delegated by law, namely that the government is required to carry out government tasks according to its authority. Every use of authority by the government is always accompanied by responsibility in accordance with the principle of no authority without accountability. Second, the urgency of government regulations as implementing regulations of the consistency of delegation by law is to ensure that there is a line of legal certainty, that the law can be effective and the public can ensure that the law is implemented according to its articles.Keywords: Responsibility - Implementing Regulations - Legal Certainty

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