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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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PERLINDUNGAN HUKUM TERHADAP HAK PEKERJA OUTSOURCING BERDASARKAN PUTUSAN MK NOMOR 27/PUU-IX/2011 Wati, Dwi Liza; Haryono, Dodi; ', Junaidi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Abstract

Climate of increasingly tough competition makes the company seeks to improve efficiency of production costs (cost of production). Workers with a system of outsourcing in practice that outsourced workers are given only 1 hour resting of 12 hours of work, especially security, and is not given for a period of vacation time that has reached 1 (one) year or more. If the outsourced workers will ask leave of absence, the submission will not be considered on leave but permission kerja.Tujuan writing this essay, namely: First, to determine the legal reasoning of the Constitutional Court decision No. 27 / PUU-IX / 2011 in the case of petition for judicial review of Law No. 13 of 2003 on Employment of the Constitution of 1945. Second, to determine the legal implications of the decision of the Constitutional Court Number 27 / PUU-IX / 2011 on the legal protection for outsourced workers in Law No. 13 Year 2003 on Manpower.This research is descriptive analysis of legal research because of the results of this study are expected to be obtained data describing thoroughly, clearly and systematically on the Legal Protection Against Workers in Labor Agreement With Outsourcing System in Indonesia. Data source is the primary legal materials, secondary law, and tertiary legal materials. Data collection for the study of normative law used literature study method or documentary studies. Was analyzed qualitatively analyzed the data by not using statistics or mathematics, or the like.From the results of this study, there are two main things that can be inferred First, through the decision of the Constitutional Court provides protection to workers / labor outsourcing, in this decision reaffirms the rule against contract workers or workers must follow existing regulations by adding a guarantee continuity of workers in the contract. Decision of this Court is protective labor rights / labor, then the government needs strict monitoring of the implementation of outsourcing.Keywords: Protection Law, Outsourcing Workers' Rights, Constitutional Court.
KEBIJAKAN PEMBERIAN IZIN USAHA TOKO MODERN ALFAMART DAN INDOMARET OLEH PEMERINTAH KOTA PEKANBARU BERDASARKAN PERATURAN PRESIDEN NOMOR 112 TAHUN 2007 TENTANG PENATAAN DAN PEMBINAAN PASAR TRADISIONAL, PUSAT PERBELANJAAN DAN TOKO MODERN Jun Ramadhani; Mexsasai Indra; Junaidi '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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The phenomenon of the existence of modern stores Alfamart and Indomaret in some corner of the city of Pekanbaru drawn some criticism and criticism from all walks of life. In the middle of the street vendors curbing the negative spotlight of the City of Pekanbaru, modern shop license Alfamart and Indomaret actually get preferential treatment. The existence Alfamart and Indomaret accused some parties do not make an impact on the feasibility study of social advance, ranging from the number of stores spread, until the operating hours using a 24 -hour system. Pekanbaru City Government should make an assessment before the permit is issued. This study was published that zoning Alfamart and Indomaret not interfere with traditional merchant . Evaluation of this policy can be seen also that social policies are given by the government in the development of modern store is not applied by the investors. This type of research is classified into types of socio-juridical research , because they directly study conducted research on the location or place under study in order to give a complete picture of the problem under study. Location of research conducted in the Office of Integrated Service Agency Pekanbaru, Office of Industry and Commerce Pekanbaru, and Outlet Stores modern Alfamart and Indomaret Pekanbaru City and Personal Kiosk. While the population and the sample is the whole party soon is related to the problem under study and this study, the data sources used, the primary data, secondary data and data tertiary, techniques of data collection in this study with the observation, interview, and literature study.Keywords : Juridical Analysis – Decision Constitutional Court - KUHAP
Tinjauan Yuridis Terhadap Perampasan Aset-Aset Terpidana Korupsi di Indonesia Yulianda, Premita; ', Firdaus; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Abstract

Confiscation of assets convicted of corruption in Indonesia, still be the pros and cons. For those who are pro, rightfully convicted assets derived from corruption, it must be cleaned and should be taken quickly before the suspect or defendant may disguise the proceeds of crime and the exclusion of one of the statutory objectives, namely justice. Because considering the number who engage in corruption in Indonesia and corruption is an extraordinary crime. While they are cons, institutions authorized to plunder not see the rights of the suspect or the accused. The purpose of this study, to determine the expropriation of assets settings convicted of corruption in Indonesia, to know the state may seize suspected assets acquired prior to the occurrence of corruption, and to determine the mechanism of execution against the assets of the accused.The purpose of this minithesis, namely: First, to determine the implementation of environmental criminal enforcement by the Directorate of Criminal Investigation Special Riau Police against the perpetrators of forest and land fires. Second, to determine the constraints faced by the Directorate of Criminal Investigation Special Riau Police in environmental criminal enforcement against perpetrators of forest and land fires, and third, to find out the efforts made by the Special Criminal Investigation Directorate Riau Police to overcome obstacles in the enforcement of criminal law environment against the perpetrators of forest and land fires. This type of research is classified in legal studies is defined sociological look at the effectiveness of the law in force to see the correlation between the legal community.Expropriation of assets settings convicted of corruption provided for in Article 37 paragraph (2) and Article 38 paragraph (2) pursuant to Act No. 31 of 1999 as amended into Law No. 20 of 2001 on Corruption Eradication. Can be seen, that the lack of effective and inefficiency agencies duly authorized to that is to seize assets produced legally. Suggestions author, the first institutions authorized to plunder should really pay attention to the rights of the suspect/defendant, second, Law on Combating Crime Asset fast soon passed, so as not to create a dilemma for the authorities to carry out their duties, and the third, assets that are evident from the crime committed to restore the loss of the country's economy should be described anywhere result of crime assets are allocated.Keywords: Review-juridical-Deprivation-convict Assets-Corruption
TINJAUAN YURIDIS TERHADAP PUTUSAN HAKIM DALAM PERKARA NOMOR 1.513/PID.B/2014/PN.MDN TENTANG TINDAK PIDANA PERDAGANGAN ILLEGAL SATWA LIAR YANG DILINDUNGI DIKAITKAN DENGAN PRINSIP KEADILAN Yonggi Oktavianus; Erdianto Effendi; mexsasai indra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Abstract

The wildlife is all the animals that live on land, or in water, or in the air and still has the properties of wild, free-living well and are maintained by humans. In this case, the case of the crime of illegal trade in wild sata in each year has increased. It can be seen from the role of law enforcement in arresting perpetrators of illegal trade of protected wildlife is increasingly rife, especially in the city of Medan. Because now the actor has been expanding sales operations area wildlife. In this case relates to the criminal verdict against the perpetrators of such offenses, the judge's decision, especially Medan District Court judge in imposing a sentence for criminal illegal trade in wildlife must provide a deterrent effect to the defendant within the jurisdiction of the District Court of Medan. The purpose of this thesis, namely: the first verdict Judge in case number 1513 / Pid.B / 2014 / PN.Mdn already reflects the principle of fairness, the second, the demands of Attorney in case number 1513 / Pid.B / 2014 / PN.Mdn are in accordance with the principles of justice, third, Attorney reason not to take legal actions in this case. This type of research can be classified into types of normative research, because in this study the author directly by the judge's ruling in case number 1513 / Pid.B / 2014 / PN.Mdn. In the data collection techniques to examined in this study, the data sources used, the primary data, secondary data, and the data tertiary. Data collection techniques in this study with kepustakan studies, interviews and laws. From the research, there are three main issues that can be inferred. First, the Court decision in perkar number 1513 / Pid.B / 2014 / PN.Mdn very light of the prosecution. In the criminal provisions of Law No. 5 of 1990 shall be punished with imprisonment of ten (10) years and a fine of Rp. 200,000,000.00 (two hundred million rupiah). Second, the prosecutor demands in this case, the prosecutor in carrying out professional duties to the prosecutor in the prosecution of the defendant, should really look and pay attention to the evidence that has been found and has been proven in court. Third, based on the demands of the Prosecutor in the prosecution of the accused, the prosecutor should take legal actions against the criminal cases of illegal wildlife trade is protected. Suggestions author, First, in terms of implementing the authority and obligation to uphold the law, then the judge should pay more attention to the elements of a crime so that in addition to considering the aggravating and relieve the defendant. Secondly, should the prosecutor to make an appeal. So the criminal cases of illegal trade of protected wildlife, the number of cases is declining and the law enforcement agencies could save endangered animals to extinction in Indonesia, especially Medan.Keywords:Decision-Justice-Crime-Wildlife
EKSISTENSI PENGADILAN HAK ASASI MANUSIA TERHADAP PENYELESAIAN KASUS-KASUS PELANGGARAN HAK ASASI MANUSIA BERAT DI INDONESIA Walidain, M. Ahsanul; Effendi, Erdianto; ', Junaidi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Since the end of the Cold War, marked by the collapse of one of the superpowers, namely the Soviet Union, it is a global issue switch from communism and conflict between the Western bloc and the Eastern bloc, to a new problem, namely the problem of human rights, environmental issues, and problems of trade liberalism. Homeland as part of the international community, can not be separated from the issue of human rights wave that hit almost all countries in the world. Sendirir in Indonesia, particularly in East Timor, based on the record Violations Investigation Commission (KPP HAM) has occurred 670 cases of human rights violations, which occurred between January and December 1999. The gross human rights violations that occurred in East Timor in the form of, the murder of hundreds of people of Timor east, torture, intimidation, rape, forced deportations, and others. As more and continuation of various crimes against human rights, then the five UN ambassador immediately flown to Jakarta to ask the Indonesian government to permit the entry of an international force to East Timor. However the Indonesian side rejected because it was considered as an intervention against sovereignty. Finally in 2000 was born the Law on Human Rights Court that at the time somewhat forced to avoid the slide of the Army General in the vortex of international criminal justice, namely Law No. 26 Year 2000 on Human Rights Court.above explanation, the study focused on how the existence of the Human Rights Court Against Settlement Cases Serious Human Rights Violations in Indonesia. The aim of this study are: first, to determine the existence of the Court of Human Rights in examining and deciding various violations of human rights that have occurred in Indonesia. Second, to look for problems or obstacles in the human rights court to thoroughly investigate serious human rights violations in Indonesia, and the research also aimed to look for actions that must be performed by state officials, government and the community to the human rights court can run as it should.In this legal study, researchers used a type of normative legal research. The research method in this paper is the research library (library reserch) are taken from various sources of law. Source of data used primary data, secondary data, and tertiary.this study is that the existence of Indonesian human rights court is not very good in heavy thoroughly investigate human rights violations in Indonesia, which can be seen from the results of decisions and events that occurred during the trial. While the problems of poor existence of the Human Rights Court is there in terms of the substance of the law in this regard is Act No. 26 of 2000 on Human Rights Court, law enforcement and legal culture of Indonesian society.Keywords: Existence - Serious Human Rights Violations - Indonesian Human Rights Cour
TINJAUAN YURIDIS SENGKETA HASIL PEMILIHAN UMUM PRESIDEN DAN WAKIL PRESIDEN TAHUN 2014 BERDASARKAN UNDANG-UNDANG NOMOR 42 TAHUN 2008 TENTANG PEMILIHAN UMUM PRESIDEN DAN WAKIL PRESIDEN Yusridha Putri; Mexsasai Indra; Junaidi '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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The Constitutional Court has such authority, to decide disputes concerning the results of the general elections and stressed as in Article 24C paragraph (1) of the 1945 Constitution, and further regulated in Law Number 42 of 2008 on the General Election of President and Vice President. Application disputed election results can be filed presented to the Constitutional Court, is only be submitted to the determination of election results set nationally by the Election Commission, which may affect: Determination of Candidate Pair of President and Vice President who entered the second round of general elections of the President and Vice President and election of candidates for President and Vice President to become president and vice president.The purpose of this minithesis, namely: First, to determine the reasons for the applicant to file a dispute results of the elections for president and vice president in 2014. Second, to determine whether the results of the election dispute resolution president and vice president in 2014 in accordance with the Act No. 42 of 2008 on the General Election of President and Vice PresidentOf research and discussion, it can be concluded that the First, basically the reasons the applicant to file a dispute over the results of the General Election of President and Vice President of the Year 2014 is not a dispute over the results of the general election of President and Vice President. because the application is more tend to things that are violations of the general elections of President and Vice President. Second, Dispute Resolution Election Results for President and Vice President 2014 by author normatively incompatible with Law No. 42 Year 2008 regarding the General Election of President and Vice President. However, in this case the dispute over the results of the General Election of President and Vice President of the Year 2014 which was decided by the Constitutional Court has the right material in accordance with the values of the constitution, and the theory of the law states that sovereignty of the people when referring to the principles of the implementation of direct elections , general, free, confidential, honest, and fair.Keywords: Dispute Results - Election - President and Vice President
KEDUDUKAN DEWAN PERWAKILAN RAKYAT DAERAH (DPRD) DALAM PENYELENGGARAAN PEMERINTAHAN DAERAH BERDASARKAN UNDANG-UNDANG NOMOR 23 TAHUN 2014 Fitri, Sunanda Haizel; Indra, Mexsasai
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Position the House of Representatives (DPRD), which is referred to as the local legislative body by the public, it is not so. Parliament is one of the elements of the regional administration together with the Regional Head, so that Parliament is a partner of the Regional Head, located parallel to the regional head. Parliament only perform the function of legislation in the area by establishing rules and regulations along the regional level Regional Head, as the regional regulation. The purpose of this study is to determine how exactly the position of Parliament in the regional administration together with the head of the region, as well as how to do with the implementation of the concept of the Unitary Republic of Indonesia (NKRI). This study was included in the normative legal research is the study of law with a review of the legal materials in the form of legislation and study books or library materials available. While the nature of this research is descriptive research is research that provides a clear and detailed picture of the problems studied. The data used is primary data that materials are binding law, as well as secondary data derived from primary legal materials, secondary and tertiary. Data was collected by the method of literature review. The result of this study is that the position of the Council is a partner in running the Regional Head of the regional administration. Indeed, the legislative power is in the realm of the center instead of on the local level, in Parliament ought to be regular penenrapannya position themselves as partners in helping both the Regional Heads in making regulations or the regional administration. Efforts are expected in order to Act No. 23 of 2014 may be revised or amended by the Act which tebaru, so that the absence of any reinterpretation of the Local Government Act.Keywords: Position - Parliament
PELAKSANAAN DISPENSASI NIKAH DI BAWAH UMUR DI DESA KULIM JAYA KECAMATAN LUBUK BATU JAYA KABUPATEN INDRAGIRI HULU MENURUT UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN Safari, Zui Zui Anita; Hanifah, Mardalena; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Underage marriage is a marriage that is performed by someone who has not met the minimum age limit for marriage . Underage marriage actually be done with specific reasons and must be accompanied by a decree of the Court of Religion according to the contents of Article 7 paragraph ( 2 ) of Law No. 1 of 1974 About Marriage ( hereinafter called the Marriage Act ) . In fact, in the village of Kulim Jaya there are still underage marriage that is not accompanied by a decree granting a dispensation marriage of Islamic Court . The purpose of this thesis research is to determine how the implementation of the dispensation of marriage in the village Kulim Lubuk Batu Jaya Jaya District of Indragiri Hulu , and to know the reason KUA Lubuk Batu Jaya remained married couples under age without a dispensation giving marriage of Religious Court and to know the reasons actors marriage minors do not follow the trial court granting the dispensation of Religion .The method used is Observation Research with juridical sociological approach , sedangkat nature of this thesis research is descriptive . The way research is by way of surveys and structured interviews . Results of the study found is still the presence of underage marriage in Kulim Jaya village which is not accompanied by a decree granting marriage dispensassi of Religious Court . KUA Lubuk Batu Jaya remained married couples under age without a court order as a state religion pregnant outside marriage and economic circumstances are not allowed to attend the session in the Religious . Performers underage marriage did not follow the trial in court to obtain a dispensation Religious marriage by reason of distances , complicated procedures and a long time . Suggestions author , the first expected to KUA Lubuk Batu Jaya in order not to marry underage partner without marriage dispensation decree of Islamic Court . Both the KUA Lubuk Batu Jaya to be more prudent in giving the decision to marry couples under age , and the third to parents whose children will marry underage dispensassi it has obtained a marriage in the Religious .Keywords : Dispensation of Marriage , Marriage Law , Kulim Desa Jaya Indragiri Hulu
KEDUDUKAN GUBERNUR SEBAGAI WAKIL PEMERINTAH PUSAT DI DAERAH BERDASARKAN UNDANG-UNDANG NOMOR 23 TAHUN 2014 TENTANG PEMERINTAHAN DAERAH Siregar, Nurliana Br; Haryono, Dodi; ', Junaidi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Act No. 23 of 2014 to position the governor in two positions, namely as Head of the Autonomous Region and as representatives of the Central Government in the area. In the implementation of regional autonomy as a deputy governor of the central government has the authority to direct, supervise and coordinate the affairs of local government. However, in practice, the authorities are less effective because of the disharmony between the Governor and the Regent / Mayor. Based on this understanding, the writing of this thesis formulates three formulation of the problem, namely; First, the position of the Governor pursuant to Act No. 23 of 2014 on Regional Government. Second, the factors that affect the disharmony between the Governor and the Regent / Mayor. Third, the political direction of the legal position as deputy governor of the Central Government in the area.This research included in the category of normative juridical research that examines the history of the law and legal principles. In this study the type of library materials is the basic data for research, data sources obtained from the literature, among others, include official documents, books, and research reports tangible. data sources used, the primary data, secondary data and data tertiary, technical data collectors in this research is to use the technique documentation.From the research, there are three main things that can be concluded, first, that the position of the Governor pursuant to Act No. 23 of 2014 on Regional Government there are two, namely: As head of the autonomous regions that perform tasks decentralization, the government district / city is not a subordinate of the Province . As a representative of the central government area, the Regent / Mayor is subordinate. Second, factors that affect the disharmony between the Governor and the Regent / Mayor due to several factors: Conflicts of interest, absence of hierarchical relationship between the Governor and the Regent / Mayor, the Governor's role in carrying out the task of deconcentration do not set out clearly, as deputy governor in the center of the area does not have its own deconcentration device, and presence of the role and duties of the governor's confusion in implementing the monitoring of the district / city. Third, the political direction of the legal position as deputy governor of the center has undergone a transition in terms of election of the Governor. Suggestions writer, to strengthen the position as deputy governor of the Central Government, should the Regent / Mayor follow the instructions Governor, In addition the need for further guidance on the status of the province, the position of the Governor, and the recruitment system in order to strengthen the position as deputy governor of the Central Government in the area.Keywords: Position - Governor - Central Government Representative - Act No. 23 of 2014
PEMENUHAN HAK-HAK TENAGA KERJA PEREMPUAN OLEH PERUSAHAAN (STUDI TERHADAP HAK-HAK PEREMPUAN YANG BEKERJA PADA APOTEK DI KOTA PEKANBARU) Ananda, Ariestia Ayu; Hendra, Rahmad
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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In line with the growth speed of the Indonesian population, the labor and the labor force will increase. One of those opportunities or employment opportunities offered to people who have specific knowledge in the pharmaceutical field is to work in a pharmacy .. The purpose of this thesis namely; First, the legal protection of women workers who work in a pharmacy in the city of Pekanbaru, Second, the fulfillment of the rights of women workers who work in a pharmacy, Third, efforts to provide protection to child asylum seekers in Indonesia.This type of research is a kind of sociological research. This research was conducted at the Department of Labor and the Pekanbaru city pharmacies in the city of Pekanbaru. While the overall population and the sample is related to the issues examined in this study. The data used are primary data and secondary data and data collection techniques using observation (observation), interviews, questionnaires, and literature.Technical analysis of qualitative, inductive inference techniques. From the research, there are three main issues that can be inferred. First, the legal protection for women workers has been regulated in the Law on Employment and international conventions that have been ratified to Indonesian law. Second, the fulfillment of the rights of women workers who work in pharmacies are still many unmet, many rights are supposed to get but do not they get. Third, efforts made by the government for the rights of women workers to conduct routine surveillance kesetiap firms in the city of Pekanbaru and if at the time of Manpower conduct surveillance at the pharmacy. Suggestions author, Manpower as a governing body would be expected to increase the number of its members in order to provide optimal protection against the workers, especially women workers, and the need to socialize about Manpower Employment Act against the workers, so that workers can determine the rights to be acquired and obligations.Keywords: Fulfillment Rights - Women Workers - Pharmacy Pekanbaru

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