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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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PENEGAKAN HUKUM PERATURAN WALIKOTA PEKANBARU NOMOR 39 TAHUN 2014 TENTANG KAWASAN TANPA ROKOK Muklis Al` Anam; Mexsasai Indra; Dessy Artina
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

Law enforcement is a means of realizing the law aspired by the law maker. The creation of legal certainty and related to justice. Law enforcement is related to the provision of sanctions to violators of legal products, both administratively, civilly, and criminally. In Pekanbaru Mayor Regulation Number 39 of 2014 about Non-Smoking Areas Article 19 paragraph (1), which contains administrative sanctions such as; written warnings, suspension of activities, and revocation of permits. This type of research is empirical juridical research or sociological legal research, a research approach that emphasizes the legal aspects about the subject matter to be discussed, associated with the reality in the field. This research was conducted at the Pekanbaru City Government Office, Pekanbaru City Regional House of Representatives, Pekanbaru City Health Office, and Pekanbaru City Civil Service Police Unit. The sample population is the whole related to the research problem. Sources of data used are primary data and secondary data, data collection techniques in this study is by observation, questionnaires, interviews and literature review. In the results of research problems there are three main things that can be concluded. First, the 2014 Pekanbaru Mayor's Regulation No. 39 on non-smoking areas has not yet been implemented. Two obstacles to the implementation of these regulations are the local regulation/regional head regulation, human resources and consistency of law enforcement officers. The three future efforts of Pekanbaru City Government in cigarette advertising are through sponsorship, print media, and job advertisements (Job advertisements) and public service advertisements (PLA).Keywords: Law Enforcement, No Smoking Area, Pekanbaru City
PEMENUHAN HAK MASYARAKAT DALAM PENGURUSAN DOKUMEN KEPENDUDUKAN DI KECAMATAN TANAH PUTIH KABUPATEN ROKAN HILIR DI TINJAU DARI UNDANG-UNDANG NOMOR 24 TAHUN 2013 TENTANG ADMINISTRASI KEPENDUDUKAN Ridho Hanif Farza; Firdaus Firdaus; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

Of the several people who have taken care of the Family Card and Electronic Identity Card, the processing only takes 14 working days. However, during that time, the community members paid the government officials or brokers from the community to administer the Family Card and Electronic Identity Card in the amount of Rp. 300,000, - (three hundred thousand rupiah) for the Family Card and Rp. 250.000,- (two hundred and fifty thousand rupiah) for one Electronic Identity Card. This study uses a sociological juridical approach. Sociological juridical research or empirical research is an approach by looking at the reality that occurs in the field. While the nature of the research is descriptive which aims to provide a clear picture of the problem being studied.The fulfillment of community rights in managing population documents in Tanah Putih Subdistrict, Rokan Hilir Regency has not been achieved optimally because the process in managing population documents takes a long time on the grounds that the blank population service has run out. As well as illegal levies carried out by unscrupulous persons for the administration of population documents. Meanwhile, in Article 79A of Law Number 24 of 2013 concerning Population Administration, the administration and issuance of population documents is free of charge. Obstacles in fulfilling community rights in managing population documents in Tanah Putih Subdistrict, Rokan Hilir Regency, namely due to delays in issuance since the applicant requested it or more than 14 workingdays. This is due to the process of signing the Family Card (KK) which must be signed by the Head of the Population and Civil Registration Office of Rokan Hilir Regency and cannot be represented, while delays in the electronic Identity Card (KTP-el) are caused by the unavailability of blank e-KTPs. at the Population and Civil Registration Office of Rokan Hilir Regency.
PEMBATALAN MEREK DITINJAU DARI UNDANG-UNDANG NOMOR 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS (STUDI KASUS PUTUSAN KASASI NOMOR 375 K/PDT.SUS.HKI/2020) Naim, Putri; Ismi, Hayatul; Dasrol, Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

The era of global trade can be maintained if there is a healthy business competition climate. Currently, more and more entrepreneurs are competing in producing their respective products, both middle and upper-middle entrepreneurs. Entrepreneurs produce the best possible products because they can see that most Indonesians prefer good and guaranteed quality. In terms of food needs, people usually choose products according to their tastes, for reasons of health and guaranteed taste. To distinguish one product from another, it can be distinguished by the presence of a brand. The purpose of writing this thesis: First, to find out the cancellation of the trademark regulated in Law Number 20 of 2016 concerning Marks and Geographical Indications. Second, to find out the reasons for the judge in canceling the "Eiger" trademark of Budiman Tjoh (Case Study Number 375). K/Pdt.Sus.HKI/2020). The author conducts research with the Normative Method or what is known as legal research. Normative legal research is to find the truth of coherence. From the results of the study, there are two main things that can be key: First, the cancellation of the mark regulated in Number 20 of 2016 concerning Marks and Geographical Indications, secondly, the reasons for the judge to cancel the "Eiger" trademark of Budiman Tjoh (Case Study Number 375 K/ Pdt.Sus.HKI/2020) The author's suggestions, in this research, are: According to the author, the trademark cancellation lawsuit in the cassation case study number 375K/Pdt.Sus.HKI/2020 is seen and investigated again whether the case is in accordance with the law that should apply to the case. And judges should, in making a decision, have to look at similar cases, how similar cases are handled, how the decision is made which will be taken into consideration by the judge to decide the same case.Keywords: Brand – Brand Rights –Eiger
OPTIMALISASI PENGELOLAAN PAJAK BUMI DAN BANGUNAN SEBAGAI PENDAPATAN ASLI DAERAH KOTA PEKANBARU BERDASARKAN PERATURAN DAERAH NOMOR 8 TAHUN 2011 TENTANG PAJAK BUMI DAN BANGUNAN PERDESAAN DAN PERKOTAAN Tiara Rizky Monica; Dessy Artina; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

This study aims to determine the management of land and building taxes as local revenue for the city of Pekanbaru based on Regional Regulation Number 8 of 2011 concerning Rural and Urban Land and Building Taxes. This research uses the type of research that is empirical research or sociological legal research. The analytical tool in this study is a qualitative way. This research found that there are things that are not optimal in reality in the field, so it is necessary to anticipate with maximum effort and optimization. This study concludes that each year the City Government has a target in receiving Land and Building Tax (PBB) as a source of regional income, but this target has not been fully realized. Sometimes the realization of Land and Building Tax (PBB) revenue is far below the target set by the City Government. Based on the recapitulation data of Land and Building Tax revenue in the last 3 years (2017-2020) from the results of this temporary research it can be said that it has not been carried out optimally and has not been able to achieve as the target has been set, this can also be seen from the increasing awareness of Obligators. Sometimes the realization of Land and Building Tax (PBB) revenue is far below the target set by the City Government. It is necessary to identify variables related to efforts to increase land and building tax revenue as well as actions / efforts that may need to be taken to use the potential for land and building tax that is not yet optimal. One of the policies and strategies that local governments can do to increase local revenue is calculating potential revenue. Keywords: Optimization - Property tax - Pekanbaru City Original Revenue
ASPEK HUKUM INTERNASIONAL DALAM PERDAGANGAN SENJATA OLEH NEGARA PEMASOK KE NEGARA MYANMAR YANG DIGUNAKAN DALAM TINDAKAN SERIOUS VIOLATIONS Rabby, Nur Azizah; Jayakusuma, Zulfikar; Deliana HZ, Evi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

Demand supply of weapons the world that continues to increase from year to year to encourage countries advanced to produce weapons suit the needs of the market se to trade weapons into things that are not to be avoided in the business internationally . However , in carrying out arms sales, the supplying country should be pay attention to who the country that will accept if there is record of violations of human rights by weight or not . It is because of the impact that would occur if the case is overlooked quite heavy even countries who often commit acts of crime seriously in law internationally supplied weapons it is not surprising if the weapon is used arbitrarily without regard to the safety of the civilian population or is used as a means of suppressing the community itself . From the background behind the problems mentioned , was born the formulation of the problem , namely , the first What aspects of law internationally against the activities of the trade of weapons that are used in the act of serious violations ? second , How sanctions against the country supplier of arms that are used in acts of serious violations ?. The purpose of writing a thesis is that , to know aspects of law internationally against the activities of the trade of weapons that are used in acts of serious violations and to determine sanctions against the country supplier of arms that are used in the act of serious violations . The type of research that is conducted can be classified study of normative-juridical where research is conducted on the principles of law that dotted the starting of fields governance laws particular , by way of holding the identification of first advance against kaedah-kaedah laws that have been formulated in the legislation of certain . In a study of this source of data used is the data secondary to the material law of primary, secondary , and material legal tertiary are done by way of the study of literature .From the results of research obtained that , first , the action states of participants ATT that supplying weapons to the country Myanmar and used in acts of serious violation against ethnic minorities in Rakhine be reviewed in law treaties international is an action that is contrary to the principle of Pacta Sunt servanda . 2. State member ATT should play a role important to ensure that the use of end guns that they send do not have the risk of bad especially against violations of Rights Rights of Man in accordance with Article 6 of ATT . The existence of a violation of the obligations of international become an indicator for placing the country as the parties who are liable on offense who does . By because it is , accountability countries can be implemented into sanctions for countries participants ATT who violate the agreement are to keep supplying weapons to Myanmar when happened conflicts in countries such . Keywords : Arms Trade Treaty – Serious Violation - and Responsibility State.
Penegakan Hukum Terhadap Terhadap Tindak Pidana Pencurian Minyak Mentah Badan Operasi Bersama PT. Bumi Siak Pusako Kabupaten Siak Melalaui Pembocoran Pipa (illegal Tapping) Bagas Aryo Seno Putra; Zulfikar Jayakusuma; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

The crime of theft of crude oil from BOB PT. Bumi Siak Pusako, Siak Regency through pipe leakage is a series of criminal acts expanding from South Sumatra where the high level of this criminal activity. The criminal act of stealing crude oil through pipelines or called Illegal Tapping has resulted in a decrease in crude oil production for companies that experience this, of course, resulting in losses to the state and in this process also has a significant impact on environmental pollution. As we know that oil is a natural resource that cannot be renewed and one of the natural resources that supports the prosperity of the people.This research is classified as sociological legal research (empirical), 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 the jurisdiction of Siak Regency. The data sources used are primary data and secondary data. Data collection techniques in this study were interviews and literature review.The conclusions obtained from this study are, first, that law enforcement efforts against the criminal act of theft of crude oil from BOB PT. Bumi Siak Pusako, Siak district, through the pipe leakage is still not running well, which is necessary to give birth to a new legal product regarding this crime. Second, obstacles in the enforcement of criminal law are influenced by several factors, namely statutory factors, societal and cultural factors, and law enforcement factors. Third, there needs to be an increase in law enforcement efforts for the theft of crude oil from BOB PT. Bumi Siak Pusako, Siak district through leakage of pipes both preventive (prevention) and repressive (action)Key words: law enforcement, crime, theft, crude oil, pipes
AKIBAT HUKUM CERAI TALAK OLEH APARATUR SIPIL NEGARA BERDASARKAN UNDANG-UNDANG NOMOR 5 TAHUN 2014 TENTANG APARATUR SIPIL NEGARA DI PENGADILAN AGAMA PEKANBARU sakti, Laras; Jayakusuma, Zulfikar; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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The life of the State Civil Apparatus (ASN) has been regulated in such a way, so that their daily life cannot be separated from the norms in the rules of labor law. Stipulation of Government Regulation No. 10/1983 jo. Government Regulation Number 45 of 1990 not only shows that the labor law does not only apply when a State Civil Apparatus (ASN) is in the office, but also outside the office. Efforts to improve the discipline of the State Civil Apparatus (ASN) related to exemplary and exemplary must be given to the State Civil Apparatus (ASN) to subordinates and the community, so that the State Civil Apparatus (ASN) is given high disciplinary provisions. To carry out marriage and divorce, the State Civil Apparatus (ASN) must first obtain permission from the official concerned.The formulation of the problem in this study is first, How is the implementation of divorce divorce carried out by the State Civil Apparatus based on Law Number 5 of 2014 concerning State Civil Apparatus at the Pekanbaru Religious Court and How is the legal certainty of the result of divorce by the State Civil Apparatus based on the Act? Number 5 of 2014 concerning State Civil Apparatus at the Pekanbaru Religious CourtThis type of research is a sociological legal research, namely research conducted by identifying the law and analyzing the relevant and applicable laws and regulations. As for in this study the author will go directly to the field to obtain data by using interviews.The implementation of divorce for the State Civil Apparatus is slightly different when filing for divorce where in filing for divorce there are different conditions where if the State Civil Apparatus wants to carry out a divorce, it must obtain permission from the official concerned where the State Civil Apparatus is located. determined, without which the divorce proceedings would continue. process, and a permit may follow before a decision is issued by the Assembly, if a permit has not been issued then a decision cannot be made. Keywords: Implementation, Divorce, State Civil Apparatus
PERLINDUNGAN HUKUM TERHADAP PENGGUNA KARTU XL ATAS PRODUK YANG TIDAK SESUAIDENGAN YANG DIIKLANKAN Sri Divia Bella; Zulfikar Jayakusuma; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Consumer products (consumer goods / services that are generally used to meet the needs of consumers) have become increasingly sophisticated both in technology and in appearance. On the other hand, people understand a consumer product as far as what the sellers / or business actors convey. High and low regarding the understanding of the quality of the product depends on the level of truth of the information conveyed by the seller / entrepreneur and the level of the consumer's ability to capture. This information can be in the form of oral or written information contained in brochures and pamphlets, labels, advertisements and so on. The materials can be so detailed that they are often "so technical" that they are not easy to digest, but some are so simple, attractive and often equipped with relevant things or descriptions such as those contained in advertisements. Advertising is one of the promotional vehicles that considered the most effective way to introduce a product to the public. However, this has a provision as a form of consumer protection. In Law Number 8 of 1999 concerning Consumer Protection in Article 10.This research uses a typology of sociological legal research or what is also called non-doctrinal legal research, which deals more specifically with the effectiveness of law. In this research, the writer uses descriptive research characteristic, because the writer describes how to protect consumers of XL card users who do not match the advertised products, and describe how the responsibility of PT XIATA for losses received by consumers.The results of the research conducted by the author are, firstly, the implementation of the implementation of the law on the implementation of consumer protection from misleading XL Provider advertising information in Pekanbaru City has not been running properly. The responsibility of PT. AXIATA for the losses suffered by consumers due to misleading advertising information does not yet exist. There should be responsibility for advertised products that are not in accordance with reality, as well as PT AXIATA's responsibility for losses received by consumers.Keywords: Consumer Protection - Not as Advertised as Appropriate
TINJAUAN YURIDIS TERHADAP PENJATUHAN SANKSI PIDANA BAGI PELANGGAR PEMBATASAN SOSIAL BERSKALA BESAR DI MASA PANDEMI CORONA VIRUS DISEASE 2019 (COVID-19) DALAM PERSPEKTIF HUKUM PIDANA INDONESIA Aslamiah, Futri; Rahmadan, Davit; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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The State of Indonesia is a state based on law (rechtsstaat) not based on power (machtsstaat). Indonesia is a state based on Pancasila and the 1945 Constitution. It is expressly stated in "Article 1 paragraph 3 of the 1945 Constitution of the Republic of Indonesia", which stipulates that “Indonesia is a state of law. Law enforcement efforts carried out by the apparatus are preventive, persuasive, repressive, and cooperative in order to create order and peace in social life. The purpose of this research is to find out the application of the imposition of criminal sanctions on perpetrators of PSBB violators during the Corona Virus Disease (COVID-19) pandemic in the perspective of Indonesian Criminal Law and to determine the application of criminal sanctions to PSBB violators based on the principle of justice. This research is structured using a normative juridical research type, namely finding the truth of coherence, which is carried out by examining secondary legal materials.Data collection techniques used are literature studies and legislation, books, literature, expert opinions, judges' decisions related to the problem and object of research.This research focuses on the study of the provision and imposition of criminal sanctions on violators of large-scale social restrictions (PSBB).From the results of research conducted by the author, there are two main things that can be concluded, firstly, the application of criminal sanctions against perpetrators of PSBB violators during the Corona Virus Disease (COVID-19) pandemic in the perspective of Indonesian Criminal Law is deemed inappropriate because Indonesia adheres to the ultimum remedium principle, meaning that if a If the case can first be resolved by another route, it is better to use that route first. As well as in terms of the formulation of the type of sanctions in the legislation that is not appropriate can be a factor in the emergence and development of crime. Second, regarding the application of criminal sanctions to PSBB violators in the principle of justice, the law should be fair, indiscriminate and subjective, and regulations or regulations must be fair to all levels of society. Judges must think critically because judges in relation to law enforcement are two things that are interrelated and cannot be separated, namely "law and justice" Keywords: Criminal Sanctions- PSBB- Criminal Law
TINJAUAN YURIDIS TERHADAP PEMBERIAN ASIMILASI KEPADA NARAPIDANA DALAM RANGKA PENCEGAHAN DAN PENANGGULANGAN PENYEBARAN COVID-19 DIKAITKAN DENGAN TEORI PEMIDANAAN Putra, Kevin Maulana; Indra, Mexsasai; Erdiansyah, Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Since the existence of the assimilation program in the context of preventing and overcoming the spread of COVID-19, there are problems that need to be addressed, with the assimilation given whether the purpose of punishment, which is to provide a deterrent effect for perpetrators, has been fulfilled, whether it has guaranteed convicts who have received COVID-19 assimilation.. Recidivist or repetition of a criminal offense occurs in the event that a person commits a criminal act and has been sentenced to a criminal offense with a judge's decision who continues to commit another criminal act. In recidivists, it can be assumed that in the same way as the Realist discourse, a person commits more than one crime. Another factor that encourages recidivists is the ineffectiveness of the supervisory function by the Supervisory Agency (BAPAS).This research will be compiled using the juridical normative type of research, which is research that is focused on examining the application of the rules or norms in positive law. The approach used in this research is to use a normative approach, namely literature law research. This study examines the subject matter according to the scope and identification of problems through the statute approach (statue approach) is carried out by examining statutory regulations and regulations related to the legal issue under studyThe results of the research conducted by the author are, first to know the provision of assimilation to inmates in the context of preventing and overcoming the spread of COVID-19 based on the regulation of the minister of law and human rights number 10 of 2020 related to the theory of punishment, then the answer is how to achieve criminal responsibility for convicts who take recidivist action due to assimilation in the context of preventing and overcoming the spread of COVID-19 in Indonesian criminal law.Keywords: Assimilation Giving - COVID-19- Recidivist

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