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INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 2,579 Documents
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KEDUDUKAN KETERANGAN AHLI HUKUM DALAM PROSES PENYIDIKAN DI KEPOLISIAN DAERAH RIAU Lylis Suryani br. Sinaga; Erdianto '; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Examination of a case in a judicial process aimed at finding the material truth. There is an interesting tendency to be studied in the practice of law enforcement in Indonesia. The role of expert testimony increasingly prominent and there are quite a lot of cases the use of expert testimony as a justification in deciding criminal cases. as stipulated in Law No. 8 of 1981 on the Code of Criminal Procedure (Code of Criminal Procedure) in Article 184 paragraph (1). According to Article 184 paragraph (1) Code of Criminal Procedure states that legal evidence is witness' testimony, expert Specification, Letters, Help, Information defendant. The research objective of this thesis are: First, to determine the position of expert testimony in the investigation process in Riau Regional Police, Second, to determine the criteria for someone to be called the lawyer who requested the expert testimony in practice in Riau Regional Police, Third, to know the power of information legal experts in the investigation process until the judge ruled.From the research, there are three main issues that can be inferred. First, Position description lawyers in Riau Regional Police investigation process, have an important role to help the investigator to search and collect evidence in the search for truth usahannya material a criminal case, the Second, someone criteria to be called a lawyer who requested the expert testimony in practice in Riau Regional Police is someone who has experience in providing expert information and education that has the title of Professor, Doctor or Magester Law from the State University or the University of Private as Riau Regional Police itself has to cooperate with the aim to facilitate bringing a debirokrasi lawyers, Third, expert testimony actually have the power and important role in contributing to the clarity of the completion of a criminal case and help uncover or make light of a criminal case being examined. Suggestions Author, First, it is expected that law enforcement officers should refer to evidence or proof system and verification process that has been regulated by law, second, expert presented at the stage of investigation and in the trial must have the scientific expertise and integrity , independent, and professionalism in order to provide quality information and it should be in the set criteria person called as a legal expert, Third, an expert opinion is presented on the stage of the investigation and the court order may be a more important consideration by the judge in deciding a case.Keywords: Positions, Description Experts, Investigation
PELAKSANAAN KEWAJIBAN PEMELIHARAAN ANAK (ALIMENTASI) OLEH ORANG TUA PASCA PUTUSAN PERCERAIAN DI KABUPATEN ROKAN HILIR ', Agen; Hanifah, Mardalena; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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The obligation of parents toward children include the maintenance of the child, both parents are still intact in the bonds of marriage and those already divorced, reality although liability issues of parent against children after the divorce it has been arranged in various regulations perundang-undangan and islamic law, in Article 156 Compilation of Islamic Law on Marriage For Divorce Due to Rupture which reads mumayyiz Children who do not deserve hadhanah of her mother, unless the mother has died, children who already mumayyiz right to choose to get hadhanah of father or mother, and all costs and living hadhanah a dependent child's father according to his ability, at least until the child is an adult and can take care of themselves (21 years), but in public life still many parents, especially fathers who neglect these duties if he had been divorced by his wife / mother of his children.The purpose of this thesis is to determine how the shape of the child maintenance obligations (alimony) by parents after divorce judgment in Rokan Hilir district, to know how to remedy if the non-performance of obligations of child maintenance (alimony) by parents after divorce judgment in Rokan downstream.This study uses the Sociological Juridical for research conducted in the Religious Ujung Tanjung Rokan Hilir. Population and sample is the whole of the parties relating to the matter under investigation amounted to 3 people, the source of the data used is data, primary, secondary and tertiary, data collection technique used observation, questionnaires, interviews and review of the literature.From the discussion presented above it can be concluded that the implementation of the obligations of child maintenance (alimony) by parents after divorce judgment in Religion The court jurisdiction Ujung Tanjung Rokan Hilir not run smoothly and showed a lack of responsibility ex-husband / father of the child maintenance obligations that must be given to their children. Factors shortcomings of child maintenance obligations (alimony) by parents after divorce judgment can be grouped to four factors: the first factor of the economy, both public awareness, the third means and facilities in the implementation of law enforcement child maintenance obligations (alimony). And remedies, if not the implementation of the travel after the divorce judgment against the maintenance of the child is to execute payments.Keywords: Liability, child maintenance, post-verdict, divorce.
PENEGAKAN HUKUM TINDAK PIDANA PENYALAHGUNAAN BAHAN BAKAR MINYAK BERSUBSIDI JENIS SOLAR BERDASARKAN UNDANG UNDANG NOMOR 22 TAHUN 2001 TENTANG MINYAK BUMI DAN GAS DI WILAYAH HUKUM POLISI RESOR KOTA PEKANBARU Putra, Ariadi Mandala; ', Erdianto; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Abstract

important function in provision of indrustial fuel ,household, and basic needs in our life. Industrial activities with product be produced by a company which thrive of industrial technology and transportationneed more crude oil and gas. Rule and cntrol of this case is very important for create a healthy market needs. Types of research used in this study is the author of sosiological legal research. This case study as as businesses look at the effect of the enactement of positive law on people lives and further and according to the laws or regulations applicable to analyzing the problem in the opinion of legal sources in the real live. This research was conducted at the Police Station PekanbaruResort Town, Prosecutor Pekanbaru and Court of Pekanbaru. The data used is primary data, secondary data, and tertiary data, technique of colleting data using questionnaires, interviews, literature stdy and observation The conclusion of the research are, first law enforcement criminal offense of abuse of subsidized fuel oil diesel with the actions of the police are preventive measures. Second obstacles encountered in law enforcement by police is the lack of quality human resources, means and inadequate infrastructure also the dufficulty of revealing evidence. Third efforts to overcome barriers to learning activitiesare organized spesifically for the police, complementing the existing infrastructure, fostering family relationshis with the community, and so on.Keywords: Criminal Offense-Fuel-Diesel Fuel
PERBANDINGAN PENERBITAN OBLIGASI PADA PASAR MODAL KONVENSIONAL DENGAN OBLIGASI SYARIAH (SUKUK) PADA PASAR MODAL SYARIAH DI INDONESIA Rayhanil Jannah; Maryati Bachtiar; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Needs funds in the company in considerable amounts and require a long time to restore it, the company can make the issuance of bonds which are long-term debt securities issued by companies that offer both conventional capital markets with the aim sharia in order to be purchased by investors who memilii excess funds meant for investment. Implementation of conventional bonds an Islamic bonds have in common. There are differences between conventional bonds and Islamic bonds contained in the sources of law, publishing mechanisms and processes issuers of debt payments to investors, where conventional bonds basic of on positive law and implement the system of interest, while the Islamic bond basic to fatwa.The purpose of this paper is: first, the comparison of bond issue on the capital markets conventional and Islamic bonds in the Islamic capital market and secondly, the protection of the rights of investors investing through bonds conventional and Islamic bonds.This type of research can be classified dallam kind of normative juridical research, because this research is to do with the data written to examine the literature data plus supplementary data from, primary data, secondary data and tertiary data collection techniques in this study witht hemethod literature.The results of the study there are three main issues that can be inferred. First, a comparison bond issuance in the conventional capital market with Islamic bonds in the Islamic capital market. Second, the protection of investors investing through conventional bonds and Islamic bonds. Third, the lack of certainty source of law in issuing securities in the Islamic capital market.Key words: Comparison-Publishing-Bond-Investor.
ANALISIS YURIDIS PUTUSAN PELANGGARAN MEREK TERKENAL BERDASARKAN PUTUSAN MAHKAMAH AGUNG REPUBLIK INDONESIA NOMOR. 595 K/PDT.SUS/2011 TERHADAP KASUS PT. SINDE BUDI SENTOSA DAN WEN KEN DRUG CO PRIVATE LIMITED (PTE LTD) Tiara Rahma Syafitr; Maryati Bachtiar; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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The progress of science and technology in the field of electronic, telecommunication and transportation allowing a variety of information takes place very rapidly, accurate, efficient and effective for the industrial world in the field of intellectual property rights, especially in the field of brand.Therefore, needed a legal protection of trademarks, especially to the famous brand. As known from the TRIPS agreement was approved and ratified by Indonesia, Indonesia must devise a National laws in the field of Intellectual Property Rights, including the brand with the existing provisions in the TRIPS Agreement. In the Law on Marks is currently in effect, the authority to protect the famous brands granted by Article 4, Article 5, Article 6 paragraph (1) letter b, and Article 6 paragraph (2) The Law No. 15 of 2001 on Marks. famous brand owners who have not registered in Indonesia can show evidence of fame trademark by filing a trademark registration cancellation through the Commercial Court under Article 4, Section 5, and Section 6 The Law No. 15 of 200 about the brand. The Law No. 15 of 2001 on Marks has not fully protect famous brand which has not been registered. The Law No. 15 of 2001 on Marks authorize the relevant authorities namely the Directorate General of Intellectual Property Rights in this case Directorate brand, to protect famous brand by refusing registration of the mark containing the equation either substantially or wholly with famous brand owned by other parties, especially for goods and / or services. In the Law on Marks is currently in effect, the authority to protect the famous brands granted by Article 4, Article 5, Article 6 paragraph (1) letter b, and Article 6 paragraph (2) The Law No. 15 of 2001 on Marks. famous brand owners who have not registered in Indonesia can show evidence of fame trademark by filing a trademark registration cancellation througt the Commercial Court under Article 4, Section 5, and Section 6 The Law No. 15 Year 2001 on the marks. Based on the results of the formulation of the problem, it can be concluded that the judge in decisions just look at the arguments put forward by PT. Sinde Budi Sentosa without considering the arguments put forward by Wen Ken Drug Co. Private Limited as the first user trademark Cap Three Legs Toning solution with Rhino Painting used and published in the daily news of Singapore since 1937 and wrong within implementing rules of evidence ownership of the Marks, so that the non-fulfillment of legal certainty and the norms of justice. Advice of the author, should The Law No. 15 of 2001 on Marks can be renewed by seeing the development of world trade, especially in the field of Famous Brands to avoid the parties in bad faith without the use of the right to use the Famous Brand.Keywords: Famous-Brand Trademark Infringement-Supreme Court Decision
ANALISIS YURIDIS MENGENAI BENTUK PERLINDUNGAN RAHASIA BANK DAN SANKSI TERHADAP PELANGGARAN RAHASIA BANK Tumpak Hasiholan Manurung; Maryati Bachtiar; Dasrol '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Banking is everything that concerns about banks, including institutional,business activities, as well as the manner and process of operation. To avoidmisuse of customer financial hence made a special rule that prohibits banks toprovide recorded information to anyone associated with the customer's financialsituation, savings and storage as set out in Pasal 1 angka 28 Undang-UndangNomor 10 Tahun 1998 tentang Perubahan Atas Undang-Undang Nomor 7 Tahun1992 tentang Perbankan, which states that bank secrecy is everything related tothe storage of information about your customers and their savings. The purpose ofthis thesis is to investigate the problems Banking Act already provides legalcertainty regarding the form of protection that is done by the banks to protectconfidential client or not, as well as the Banking Act already provides legalcertainty in terms of sanctions for the banks were negligent in maintainingbanking secrecy or not.This type of research can be classified into types of normative legalresearch, since the study was conducted by collecting data in the literature(library research) accompanied by collecting data and read through regulatoryreferences, magazines, the internet and other sources, and then selected the data -the data is worth to support writing.From the research problem there are 2 main things that can be inferred.First, the Banking Act not provide legal certainty regarding the form of banksecrecy protection carried out by the bank in secrecy customers. Second, theBanking Act not provide legal certainty in terms of sanctions for the banks werenegligent in maintaining banking secrecy. Suggestions Author, First, the need forthe addition of a form of protection provided by the banks to customers about theconfidentiality of Undang-Undang Nomor 10 Tahun 1998 tentang PerubahanAtas Undang-Undang Nomor 7 Tahun 1992 tentang Perbankan, in order to createlegal certainty and confidence to guarantee customers in saving money in anybank. Secondly, a need for the addition in the field of civil and criminal penaltiesto protect customers who are weak in Undang-Undang Nomor 10 Tahun 1998tentang Perubahan Atas Undang-Undang Nomor 7 Tahun 1992 tentangPerbankan, in order to create legal certainty and confidence guarantee forcustomers in saving funds at any bank.Keywords: Protection-Sanctions-Secret Bank
PERLINDUNGAN HUKUM TERHADAP JAMINAN KESEHATAN TENAGA KERJA PADA PT. SINAR REKSA KENCANA DI KECAMATAN PERANAP KABUPATEN INDRAGIRI HULU Yella Andriani; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Health Insurance is a guarantee that givinghealth protection to the member who has been paying due or the dues are paid by the government. It means the employees have to protect by using legal protection. The objectives of this research are to find out the form of legal protection toward the the Sinar Reksa Kencana. Inc. employees’ at Peranap Indragiri Hulu Regency.To find out the problems of legal protection implementation toward the the Sinar Reksa Kencana.Inc. employees’ at Peranap Indragiri Hulu Regency. To find out the efforts that doing by Sinar Reksa Kencana.Inc. in legal protection toward the Sinar Reksa Kencana.Inc.employees’ healthyat Peranap Indragiri Hulu Regency.This research issociological research. The researcher makes a direct research to find out the complete data about these problems. This research is located at Peranap Indragiri Hulu Regency. The population and the samples are all the employees. The techniques of collecting data that using by the researcher areinterview, questionnaire and literature study. The legal protection toward the health insurance at Sinar Reksa Kencana. Inc. employees’ at Peranap Indragiri Hulu Regency is not runwell, because there are many problems are found toward health insurance at Sinar Reksa Kencana. Inc. employees’ at Peranap Indragiri Hulu Regency such as, the company does not known about employees right, the employees educations are low, there is no trade union at the Sinar Reksa Kenaca. Inc. The efforts to solve this problems are increasing the knowledge of the company toward employees right, increasing the education of the employees and creating the trade union at the Sinar Reksa Kencana. IncKey Word: Legal Protection – Health Insurance - Employee
TINJAUAN YURIDIS TERHADAP PERKAWINAN DI BAWAH UMUR BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN Jo UNDANG-UNDANG NOMOR 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK Sixtriani, Mulia; Hanifah, Mardalena; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Underage marriage is a marriage practices performed by couples in which one or both old and young in view of the present. This happens because of the provisions of Article 7 paragraph (2) of Law No. 1 of 1974 on marriage that give space to each person to perform underage marriage, because in the article or in the explanation of the Act does not explain the reason for the important for a person to perform underage marriage. The practice of underage marriage is in need of attention and setting clear, because there are even more people in Indonesia to underage marriage. The purpose of this thesis, namely: First, to determine the setting of underage marriage by Act No. 1 of 1974 concerning marriage are in accordance with Act No. 23 of 2002 on the protection of children, Second, to determine the legal protection of children who do underage marriage according to Law No. 23 of 2002 on the protection of children.Keywords : underage marriage- legal protection-children
Pelaksanaan Cuti Mengunjungi Keluarga dan Cuti Menjelang Bebas Sebagai Hak Terhadap Narapidana di Lembaga Pemasyarakatan Kelas II A Pekanbaru Apriani, Anita; Effendi, Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Implementation of the rights of prisoners in prisons is an obligation for the prison.Regulations concerning prisoners' rights contained in Article 14 of Law No. 12 of 1995concerning Corrections. Rights of prisoners is also a coaching process for prisoners inaccordance with the correctional system implemented after replacing of Imprisonment system.However, in reality many of the rights of prisoners who are not performing optimally, there iseven no rights given to prisoners. In this case relates to the implementation of the rights ofprisoners to inmates in prisons Class II A Pekanbaru. The purpose of this thesis, namely; first,the implementation of home leave (CMK) and leave towards free (CMB) against inmates inprisons Class II A Pekanbaru, second, CMK and obstacles in the implementation of the CMBagainst inmates in prisons II A Pekanbaru, third, the efforts made to overcome obstacles in CMKimplementation and CMB against inmates in prisons Class II A Pekanbaru.This type of research can be classified into types of socio-juridical research, because inthis study the authors conducted research on the spot directly under study in order to give acomplete and clear picture of the problem under study. This research was conducted in PrisonClass II A Pekanbaru, while the overall population and the sample is related to the issuesexamined in this study, the data sources used, the primary data, secondary data and data tertiarydata collection techniques in this study with the observation, questionnaire, interview andliterature study.From the research, there are three basic problems that can be inferred. first, theimplementation of the CMK and CMB against inmates in prisons Class II A Pekanbaru, thatright CMK in Prison Class II A Pekanbaru can not be given to prisoners and the CMB rights,these rights received less attention and do not run well. Secondly, the obstacles encountered inthe implementation of CMK and CMB against inmates in prisons Class II A Pekanbaru is thelack of knowledge of prison officers on the rights of prisoners, lack of personnel security prisonofficer, the requirements of the fulfillment of these rights are convoluted. Third, efforts are beingmade to overcome the obstacles in the implementation of CMK and CMB in Prison Class II APekanbaru, in the case of prisons give special permission to get out prison inmates to replaceCMK and facilitate the fulfillment of the requirements to get the right CMB. Suggestions author,first, the expected implementation of CMK and the CMB should be implemented and given themaximum, second barrier is the reason for not maximal CMK and CMB implementation shouldnot be a reason for non-fulfillment of these rights. Third, efforts were made Prison Class II APekanbaru in order to be implemented by not only planning only.Keywords: Implementation - Right - Prisoners - Prison
PENEGAKAN HUKUM PIDANA TERHADAP KASUS PENIPUANDALAM PENERIMAAN CALON PEGAWAI NEGERI SIPIL OLEH POLISI RESORT KOTA PEKANBARU Bianca Berliana H; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Being a civil servant is now considered gainful employment, considered a safe and promising work in the old days. Not infrequently candidate for Civil Servants (CPNS) doing anything in order to become civil servants, be it from legal and illegal lane. The situation is put to good use by the perpetrators of the crime of fraud to do with the mode of action capable of becoming civil servants passed ID. In this case relates to the enforcement of the criminal law in cases of fraud in the recruitment of civil servants by the Police Resort Pekanbaru. The purpose of this thesis, namely; First, the enforcement of the criminal law against fraud in receipt of Public Servants by police resort city of Pekanbaru, Second; obstacles encountered in the enforcement of the criminal law against fraud in receipt of Public Servants by police resort city of Pekanbaru, Third, efforts are being made to overcome the obstacles in the enforcement of the criminal law against fraud in receipt of Public Servants by police resort city of Pekanbaru. This type of research can be classified into types of socio-juridical research, because in this study the authors conducted research on the spot directly under study in order to give a complete and clear picture of the problem under study. This research was conducted at the Police Resort Pekanbaru, while the overall population and the sample is related to the issues examined in this study, the data sources used, the primary data, secondary data and data tertiary data collection techniques in this study with the observation, interview and literature. From the research, there are three main issues that can be inferred. First, the enforcement of the criminal law in cases of fraud in the recruitment of civil servants by police resort city of Pekanbaru, that the case against ID fraud in 2012 there were 1 to 2 ID fraud perpetrators victims in 2013 there were no reports of incoming and in 2013 there were two perpetrators of fraud ID with 8 casualties. Secondly, the obstacles encountered in the enforcement of the criminal law against fraud in the recruitment of civil servants by police resort Pekanbaru is the lack of evidence of the complainant, the lack of cooperation between the witnesses and the police forces, the lack of legal awareness, Third, efforts are being made to overcome the obstacles in criminal enforcement against fraud in the recruitment of civil servants by the Police Resort Pekanbaru further clarify the evidence of the complainant, the lack of cooperation from witnesses to the police, the public should be made aware of the importance of law enforcement and do not justify any means to qualify as civil servants. Suggestions author, first, it is expected that the police are more active in combating ID fraud is a criminal offense, Second, people are more aware of the importance of law enforcement, third, society does not justify any means to be able to escape into the PNS.Key Words: Establishment - Fraud – Candidate For Civil Servants – Police Resort of Pekanbaru

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