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INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 2,579 Documents
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PEMENUHAN HAK KESEHATAN DAN MAKANAN YANG LAYAK BAGI NARAPIDANA BERDASARKAN PERATURAN PEMERINTAH NOMOR 32 TAHUN 1999 TENTANG SYARAT DAN TATA CARA PELAKSANAAN HAK WARGA BINAAN PEMASYARAKATAN (Studi Kasus di Lembaga Pemasyarakatan Perempuan Kelas IIA Pekanbaru) Puspa Valentin; Emilda Firdaus; 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

Government regulation no. 32 in 1999 governed the requirements and ordinances for the administration of the rights of the human rights of the correctional community. Pp no. 32 in 1999 provided the optimum services needed to achieve the goals of the correctional facility. In the fight to achieve health asa human right, the government has a duty and authority to bring good health to its citizens, including prisoners. Studies have shown that the application of rights to health care and food to prisoners has not run high because of the absence of medical personnel such as doctors and nonmedical health facilities that are available in polyikinic. In reality the health services that are in the iia new women's correctional institute are inadequate and have not met the established standards.This type of study is empirical juridical or sociological law study an approach that emphasizes legal aspects of the subject as to what will be discussed, is related to the reality in the field. The study was conducted in the new iia class women's correctional facility, while the sample population was the whole party that dealt with the problem in question. The source of the data used is primary and secondary data collection, the technique of data collection in this study is observation, questionings, interviews and review of populationaanjenis this study is an empirical judical or sociological study of the study's approach to law that defines the legal aspect of the subject subject to be discussed, linked to the reality of the field. The study was conducted in the new iia class women's correctional facility, while the sample population was the whole party that dealt with the problem in question. The primary and secondary data collection techniques in the study are observ, questionnaire, interviews and literature studies.Keywords: Government Regulation-Women's Correctional Institution�Health rights and proper food for prisoners
PERAN LEMBAGA ADAT MELAYU RIAU KABUPATEN KUANTAN SINGINGI TERHADAP PENCEGAHAN TINDAK PIDANA PENAMBANGAN EMAS TANPA IZIN (PETI) DI KABUPATEN SINGINGI Rahma Riyanti; Erdianto Erdianto; Adi Tiara Putri
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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The living environment is a spatial unit with all objects, forces, conditions, and living things including humans and their behavior will affect the continuity of life and the welfare of humans and other creatures. The environment can be defined as all objects and conditions including humans and their actions that are contained in the space where humans are located and affect the life and welfare of humans and other living bodies. To protect the environment and control acts of environmental pollution and destruction, environmental law enforcement efforts are needed. Enforcement of environmental law can be interpreted as the use or application of instruments and sanctions in the fields of administrative law, criminal law and civil law with the aim of forcing the subject of the law to comply with environmental laws and regulations. In Article 67 of Law of the Republic of Indonesia Number 32 of 2009 concerning Environmental Protection and Management, it is explained that every person is obliged to maintain the preservation of environmental functions and control environmental pollution and damage. This type of research can be classified into sociological juridical research where the research tests the effectiveness of the current law. This sociological legal research is a type of research that is viewed from the purpose of legal research. Sociological or empirical legal research consists of legal identification (unwritten) and research on the effectiveness of the law. From the research results, there are 2 main problems that can be concluded. First, the implementation of criminal acts and prosecution against the perpetrators of gold mining without a permit in the police unit of the Kantan Singi resort includes preventive and repressive measures. Preventive and repressive preventive measures have not been maximally implemented. It can be seen that there are still unlicensed gold mining that has not been processed by law enforcement officers at the Kuantan Singi Resort Police.Keywords: Mining-Environment-Pollution-Destructio
PENYELESAIAN GANTI RUGI DALAM SEWA MENYEWA RUMAH OLEH PT.GLOBAL INTI KESEMAKMURAN PERKASA CABANG KOTA PEKANBARU Raisa Tasya Nabila; Evi Deliana; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

The house rental agreement between Mr. Rustian Nur and PT. Global Inti Prosperity Perkasa Pekanbaru City Branch in early 2020 did not go well, the party from PT. Global Inti Semakmuran Perkasa Pekanbaru City Branch defaulted on the house rental agreement number 0025/GIKP-1022/PSR/XI/2019 which caused losses suffered by the creditor, the activities carried out by PT. Global Inti Prosperity Perkasa Pekanbaru City Branch is contrary to what has been regulated in the Act. Therefore, the purpose of writing this thesis, namely: First, how is the implementation of the house rental agreement by PT. Global Inti Kemakmuran Perkasa Pekanbaru City Branch, Second, What are the obstacles in the settlement of compensation in the house rental agreement by PT. Global Core Prosperity Perkasa Pekanbaru City Branch.This type of research can be classified in the type of empirical research, because in this research the author directly conducts it by obtaining field data as the main source, such as the results of interviews and observations as well as to analyze the law which is seen as the behavior of people who always interact and relate to social aspects. . The author conducted this research in a rented house, namely on Jl. Banda Aceh/Sakuntala Pekanbaru City. The population and sample of this study were the owners of the rental house, namely Mr. Rustian Nur and Mr. Ester as Personnel of PT. Global Core Prosperity Perkasa Pekanbaru City Branch. Sources of data used are: primary data and secondary data. Data collection techniques in this study were interviews and literature study.Keywords : Compensation-Rent A House-PT. Global Inti Kesemakmuran Perkasa
PENGAWASAN DINAS PERHUBUNGAN TERHADAP JURU PARKIR DI TEPI JALAN UMUM BERDASARKAN PERATURAN DAERAH KOTA DUMAI NOMOR 5 TAHUN 2014 TENTANG RETRIBUSI PELAYANAN PARKIR DI TEPI JALAN UMUM Nuratisyah Nuratisyah; Dessy Artina; Adi Tiaraputri
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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This research is related to the implementation of controlling of parking service fees on the side of public roads as regulated in Article 28 Paragraph 1 of the Dumai City Regional Regulation Number 5 of 2014 concerning Parking Service Levies on the Side of Public Roads which is carried out regularly. In the field there are still many legal parking attendants who collect fees that do not comply with the provisions that have been set. Therefore it needs to be studied in a stimulant, First, the supervision of the transportation service of parking attendants on the side of public roads based on the Dumai City Regional Regulation Number 5 of 2014 concerning Parking Service Charges on the Side of Public Roads, Second, the obstacles for the transportation service in carrying out controlling of parking attendants in the city of Dumai, Third, Future surveillance efforts carried out by the transportation agency on parking attendants on the side of public roads based on the Dumai City Regional Regulation Number 5 of 2014 concerning Parking Service Retribution on the Side of Public Roads.This research is a sociological legal research, because it is based on field research, namely by collecting data from observations, interviews, and literature reviews that are related to the problems to be studied assisted by primary, secondary and tertiary data. This study uses qualitative data analysis, produces descriptive data, and concludes with a deductive thinking method.From the results of the study, it is concluded that, First, the controlling of the transportation department of parking collectors on the side of public roads based on the Dumai City Regional Regulation Number 5 of 2014 concerning Parking Service Levies on Public Roads has not been optimal. Second, the inhibiting factors for the transportation agency in carrying out supervision of parking collectors in the city of Dumai are the lack of operational personnel, budget, coordination of related parties, and dishonesty of parking collectors. Third, the future controlling efforts carried out by the transportation service on parking collectors on the side of public roads in the city of Dumai are the addition of operational members to supervise parking collectors, reactivate the coordination team for development, regulation and control of parking on the side of public roads.Keywords: Controlling – Parking Officer - Retribution
IMPLEMENTASI PASAL 76 I DAN PASAL 88 UNDANG – UNDANG NOMOR 35 TAHUN 2014 TENTANG PERUBAHAN UNDANG-UNDANG NO 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK DI KOTA DUMAI Bayu Fauziah; Erdianto Erdianto; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Basically, children have the right to get special protection in order to grow and develop properly. In writing this thesis, the author tries to examine the implementation of Article 76 I and Article 88 of Law No. 35 of 2014 concerning Amendments to Law No. 23 of 2002 concerning Child Protection in Dumai City.The purposes of writing this thesis are: first, to find out the implementation of Article 76I and Article 88 of Law Number 35 of 2014 concerning child protection for parents who employ children in the Dumai city area. Second, to find out the obstacles in implementing criminal sanctions in the Dumai City area for perpetrators who employ children in the Dumai City area and to find out what law enforcement efforts can do to overcome the obstacles to criminal application against perpetrators who employ children in the Dumai city area. The research method in this thesis uses a sociological legal research type, namely research that wants to see the correlation between law and society, so as to be able to reveal the effectiveness of law enforcement in society and identify unwritten laws that apply to society, so in this sociological legal research which is carried out At first, careful research is secondary data which is then continued with research on primary data in the field or on the community.Based on the results of the study, the first conclusion can be drawn that the existing legal protection system for child labor has not been implemented in real terms, criminals do not get strict legal action so that the reality of crime and deviant behavior is growing. Second, the obstacles faced by the government in implementing the crime on child protection against parents who employ children in the Dumai City area include weak law enforcement and supervision related to perpetrators who employ children, violations of the law are always carried out continuously or become a habit and are considered as a normal thing. and appropriate, the lack of community participation and understanding related to child labor violations and the weak economic condition of the community so that children are forced to work. And Efforts That Can Be Done In Implementing Crimes Regarding Child Protection Against Parents Who Employ Children in the Dumai City Area are socializing laws and regulations, holding routine patrols, coordinating and collaborating between relevant agencies or institutions in the field of child labor and in terms of law enforcement. In terms of quantity and quality, it is necessary to add personnel/officers so that officers can be more optimal in carrying out their duties.Keywords: Law Enforcement, Child Protection, Parents Who Employ Children
IMPLEMENTASI PASAL 2 PERATURAN PEMERINTAH NOMOR 7 TAHUN 2018 TENTANG PEMBERIAN KOMPENSASI TERHADAP ANAK SEBAGAI KORBAN TINDAK PIDANA PERDAGANGAN ORANG DI WILAYAH HUKUM KABUPATEN BENGKALIS Pika wahyu pratama; Mukhlis R; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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The issue of human trafficking has recently appeared to be a much debated problem both at the regional and global levels and is said to be a form of slavery today. Government Regulation Number 7 of 2018 concerning Providing Compensation, Restitution and Assistance to Victim Witnesses was signed with the consideration of providing protection to victim witnesses. This research was conducted in Bengkalis Regency. The sampling method was purposive sampling method, so the number of samples was 6 people. Data collection techniques by interview, observation and literature review. Data analysis using qualitative analysis. Based on the results of research, The implementation of Article 2 of the Government Number 7 of 2018 concerning the Provision of Compensation tochildren as victims of criminal acts of trafficking in persons in the Bengkalis Regency jurisdiction has not been implemented properly, there are weaknesses in the compensation arrangement, so that it is not fully oriented to the protection of victims of criminal acts. Constraint factors that hinder the implementation of compensation in cases of criminal acts of trafficking in persons are the role of law enforcers who do not pay attention to the rights of victims as a result of criminal acts of trafficking in persons, legal factors, namely overlapping laws and regulations governing the provision of compensation, the victim's low legal awareness of rights and mechanisms to obtain compensation, lack of ability and willingness of the defendant to pay compensation. Efforts to overcome obstacles to the implementation of Article 2 of the Government Number 7 of 2018 concerning the Provision of Compensation to children as victims of the crime of trafficking in persons is to increase the role of law enforcement when handling cases, the application for compensation should be carried out since the victim reports the case he experienced to the local Indonesian National Police. Keywords: Compensation, Victims, Trafficking in Persons
TINJAUAN HUKUM TERHADAP HIBAH TANAH YANG DISENGKETAKAN OLEH AHLI WARIS PARA PIHAK (STUDI : HIBAH TANAH ANTARA MIAK ASIN IMAM MULIA DAN SYARKAWI DT MAJO LELO DI NAGARI SITANANG) Maulana Ihsan Habibi; Evi Deliana; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

Customary law grants are divided into two, namely ordinary grants and will grants. Grants according to Minangkabau customary law are closely related to Islamic law. The implementation of the Grant refers to the Matrilineal system, which means a hereditary system based on the mother's lineage. In addition, the transfer of land rights through community grants and inheritance can also be given to heirs who are one descendant of the mother but can also be given to the lateral line, namely between mamak and nephews. In the field practice, especially in the Kenagarian area of Sitanang, Agam Minangkabau, there was a problem of disputes between the heirs of the two parties, the grantee and the grantee. the object in dispute is the land grant of the people which is the high inheritance of the Caniago clan.This research is to determine the extent of the implementation of the disputed land grant by the heirs of the parties in Nagari Sitanang according to Minangkabau customary law. This type of research can be classified in the type of sociological legal research (empirical), because in this study the author directly conducted research at the location or place being studied in order to provide a complete and clear picture of the problem under study. This research was conducted in the Nagari Sitanang area, Ampek Nagari District, Agam Regency, due to the location of the Adat Nagari Sitanang Institute, while the population and samples were Mamak Kepala Waris, Kerapatan Adat Nagari Sitanang, Wali Nagari Sitanang, and disputing inheritor. The data sources used are primary data and secondary data. Data collection techniques in this study were interviews, questionnaires, and literature review.The conclusions that can be obtained from the results of the research are First, that in the Minangkabau Customary Law, the validity of a land that has been granted is that it has the approval of all members of the clan and meets the conditions for giving a clan grant.Keywords: Existence - Land Grants for the People - Indigenous Community of Nagari Sitanang
PRAKTIK PENEBANGAN POHON DI HUTAN LINDUNG DALAM PELAKSANAAN PACU JALUR DIKAITKAN DENGAN UNDANG-UNDANG NOMOR 18 TAHUN 2013 TENTANG PENCEGAHAN DAN PEMBERANTASAN PERUSAKAN HUTAN RONALDO GUSTI SANDRA; Erdianto Effendi; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Halal tourism is a tourist visit activity with tourism destinations and industries that prepare product, service and tourism management facilities that meet the elements of sharia. With this Islamic tourism, the world community is introduced to the nobility and greatness of Islamic culture. Therefore, this thesis discusses how the juridical analysis of Regional Regulation Number 2 of 2017 concerning Halal Tourism in Siak Regency? and what is the ideal arrangement regarding Halal Tourism in Siak Regency?.This type of research can be classified in the type of normative legal research. In this normative legal research, the author is interested in conducting research using the criteria of legal history and legal comparisons. Sources of data used, namely: secondary data in the form of primary legal materials, secundr legal materials and tertiary legal materials. The data collection technique in this research is literature review. Data analysis was carried out qualitatively, namely the data obtained did not use statistics or mathematics or the like.The conclusions of this study are firstly, Regional Regulation Number 2 of 2017 concerning Halal Tourism in Siak Regency has shortcomings and weaknesses because it does not include content material regarding sanctions so that it affects its implementation and causes Regional Regulation Number 2 of 2017 concerning Halal Tourism in Siak Regency not yet. effectively implemented as it should. Meanwhile, the purpose of the sanctions is to regulate community non-compliance, so that people obey the applicable law. Second, regulations regarding halal tourism must be in accordance with sharia principles in terms of legal regulations and their application. Alignment of legal rules accompanied by implementation in accordance with the provisions is a way of realizing halal tourism that is based on sharia principles and is carried out with sharia principles. Therefore it is necessary to include strict sanctions in Regional Regulation Number 2 of 2017 concerning Halal Tourism in Siak Regency, so that the ideal regulations related to the implementation of Halal Tourism in Siak Regency are realized. The author's advice, namely to the government as the maker of laws and regulations to revise Regional Regulation Number 2 of 2017 concerning Halal Tourism in Siak Regency, which includes strict sanctions so that ideal regulations are realized related to the implementation of Halal Tourism in Siak Regency.Keywords: Halal Tourism - Regional Regulations - Siak Regency.
PENEGAKAN HUKUM TERHADAP PELAKU PERDAGANGAN HEWAN BELANGKAS BERDASARKAN UNDANG –UNDANG NOMOR 5 TAHUN 1990 TENTANG KONSERVASI SUMBER DAYA ALAM HAYATI DAN EKOSISTEMNYA DI KABUPATEN ROKAN HILIR Hasbillah, Rahmat; Lestari, Maria Maya; Rahmadan, Davit
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Irresponsible actions against the trade in belangkas animals can cause damage to natural reserves and natural sustainability areas as well as actions that violate the provisions on the protection of plants and animals covered, in the form of severe criminal penalties and fines. The severe criminal is seen as necessary because the damage to the resilience of one element of biological natural resources and ecosystems will result in great losses for communities that cannot be valued materially, while recovery in the original state is no longer possible. The purpose of writing this thesis, namely: First, to find out how the law enforcement process against the perpetrators of the belangkas animal trade based on Law No. 5 of 1990 concerning the Conservation of Biological Natural Resources and Ecosystems in Rokan Hilir, Second, to find out how prevention efforts are carried out by the Police and conservation centers against belangkas animal traffickers.This type of research is sociological juridical research, because in research the author directly conducts research on the location or place of research to provide a complete and clear picture of the problem studied. Rokan Hilir research location, Rokan Hilir Police, DITPOLAIRUD Riau Police, and Natural Resources Conservation Center (BKSDA) riau province. Data sources are used, primary data, secondary data, and tertier data. Data collection techniques in this study are interview techniques, literature studies, and data analysis. From the results of the problem research there are two main things that can be concluded. First, in the law enforcement process in the case of the sale of horseshoecrabanimals in Rokan Hilir coordination between the BKSDA and the Riau Provincial Police, has been running. From the level of investigation, the search for evidence, the arrest of suspects, to the investigation although there are still violations by buying the horseshoecrab.Keyword: Law Enforcement- Horseshoecrab- Rokan Hilir
PERLINDUNGAN KONSUMEN TERHADAP MAKANAN PRODUKSI RUMAH TANGGA (KERIPIK CABE) YANG TIDAK MENCANTUMKAN LABEL KADALUARSA DI KOTA DUMAI Maringan Tua H.D; Maria Maya Lestari; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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The producer of chilli chips in the city of Dumai does not include an expired label in marketing the chilli chip product in violation of Article 8 paragraph (1) letter g of Law Number 8 of 1999 concerning Consumer Protection, the giving of the mark or label is intended so that consumers get correct information about the product. , because the decision of the correct choice of consumers regarding the goods or services needed really depends on the correctness and responsibility of the information provided by the parties concerned, so there is no legal certainty regarding the expiration of Home Industry products circulating in the city of Dumai. The purpose of writing this thesis, namely: First, to find out how the implementation of the related consumer protection law does not include expired labels in the packaging of chilli chips in Dumai and law enforcement in order to provide protection for consumers. Second, to find out how legal certainty is about the chili chips Home Industry product without including an expired label.This type of research used by the author is normative legal research. Normative legal research is literature legal research, because it makes book material the main foundation in conducting this research. This research was conducted based on normative law because this study examines the problem of legal certainty for household food products that do not have an expired label, so this study discusses more analysis regarding the implementation of the law on these products. The data collection technique in this research is literature study.From the research results, there are two main points that can be concluded. First, producers of chilli chips in the city of Dumai do not include an expired label in marketing chilli chip products that have violated Article 8 Paragraph (1) Letter g of Law Number 8 Year 1999 concerning Consumer Protection, producers do not include expiration labels because the product does not use sweeteners and food preservative, they use natural ingredients in making these chilli crackers. Second, there is no legal certainty regarding the expiration of Home Industry products circulating in the city of Dumai. Where the determination of the expiration of a product is determined subjectively, besides that the role of BPOM Dumai City has not been optimal in providing consumer protection in inclusion of expired labels on Home Industry products in the city of Dumai.Keywords: Consumer Protection - Household Production - ChipsCabe - Label Expiration

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