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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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URGENSI PELAKSANAAN SUMPAH JABATAN PRESIDEN DAN WAKIL PRESIDEN DALAM PASAL 9 UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 DALAM PERSPEKTIF NEGARA HUKUM DI INDONESIA Habib Alhuda; Mexsasai Indra; Adi Tiaraputri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

Before the President and Vice President are appointed, the implementation of the oath of office is mandatory. Apart from being the basis for the application of the power of a President, the presidential oath is also a juridical indicator to bind a President to be loyal and obedient to the constitution. However, ironically, the oath of office has not been able to have a positive impact in creating good leadership. The President's oath of office is more susceptible to being interpreted as a ceremonial ceremony rather than being interpreted in essence. The absence of limitations and scope of the oath of office norms makes this norm difficult to put into practice. The previous state practice had made the oath of office a political reason to overthrow a President, not a legal reason. Therefore, the oath of office of the President needs serious legal attention in the future. The purpose of this study was to determine the nature and urgency of the implementation of the oath of office as well as the juridical implications that arise when the oath of office is violated in a constitutional perspective in Indonesia.This research is a normative legal research. This is based on library research which takes quotations from reading books, or supporting books that are related to the problem to be studied. This study uses secondary data sources consisting of primary, secondary and tertiary legal materials. This study also uses qualitative data analysis and produces descriptive data.From the results of the research conducted, there are several conclusions obtained, namely: First, the President's oath of office has been identified as an imperative legal norm. The interpretation of the constitution that is carried out, puts the oath of office of the President into real urgency that must be done. The presidential oath of office is also the initial evidence of the effectiveness of the President's power. Second, the President's oath of office can be used as a legal reason to impeach the President when the oath of office is violated. Legal certainty is the rationale for placing the presidential oath of office and has juridical implications when it is violated. Reorienting the oath of office of the President is also necessary in order to strengthen the presidential system itself. The scope and limitations obtained from the oath of office of the President are also implemented so that the norms of the oath of office of the President can be applied consequently. An objective and fair law enforcement must be a necessity in responding to violations of this oath of office.Keywords: Impeachment - Oath of Office - President's Power
PENCANTUMAN LABEL HALAL PADA PRODUK MAKANAN RUMAHAN BERDASARKAN UNDANG-UNDANG NOMOR 33 TAHUN 2014 TENTANG JAMINAN PRODUK HALAL DI KOTA PEKANBARU Rany Angraini; Zulfikar Jayakusuma; Hengki Firmanda
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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The application of halal labels on home-cooked food products in the city of Pekanbaru is still not running optimally. The reality is that there are still many home-cooked food products that are not halal-certified. In fact, Law Number 33 of 2014 concerning Halal Product Guarantee has stipulated this. The purpose of writing this thesis: first, to find out the application of halal labels to home-cooked food products based on law number 33 of 2014 concerning halal product guarantees in the city of Pekanbaru. Second, the legal consequences for producers who do not include halal labels on home-cooked food products based on law number 33 of 2014 concerning guarantees for halal products in the city of Pekanbaru.From the results of the study, the application of halal labels to home-cooked food products in the city of Pekanbaru is divided into several provisions, first, the application of halal labels to home-cooked food can be said to have not been implemented optimally. The absence of an obligation for business actors to register for halal certification is a separate gap for not agreeing to this. If we look further, the business actors who are the sample in this study are classified as middle and upper business actors and have above average income. Materially, of course, it does not become an obstacle for them to register for halal certification. The halal guarantee law only regulates the application of halal labels for business actors who have obtained halal certification, not on the obligation of business actors to register halal certification. There is no obligation for business actors to register the halal label itself. Second, the legal consequences for producers who do not include halal labels on home-cooked food products based on Law Number 33 of 2014 concerning Guaranteed Halal Products in the city of Pekanbaru can be said to have not run optimally. This is because there are no special provisions regarding legal consequences for business actors who do not register halal certification on the food packaging produced. Keywords: Halal Label – Business Actor - Consumer
PENEGAKAN HUKUM TERHADAP PENGEMUDI YANG MEROKOK SAAT MENGENDARAI KENDARAAN BERMOTOR BERDASARKAN UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN DI WILAYAH HUKUM KOTA PEKANBARU Yuliani Hutabarat; Evi Deliana; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

According to Law of the Republic of Indonesia No. 22 of 2009 on Traffic and Road Transport Article 283 reads "Any person who drives a Motor Vehicle on the Road unnaturally and performs other activities or is affected by a situation resulting in impaired concentration in driving on the Road as referred to in Article 106 paragraph (1) shall be convicted with a maximum imprisonment of 3 (three) months or a maximum fine of Rp750,000 ,00 (seven hundred and fifty thousand rupiah) The Criminal Sanction stipulated in the Regulation of the Minister of Transportation of the Republic of Indonesia No. 12 of 2019 Article 6C on the Protection of The Safety of Motorcycle Users Used for the Benefit of the Public reads: "Drivers are prohibited from smoking and conducting other activities that interfere with concentration while riding a motorcycle" but in its implementation there are still many drivers who smoke while riding a motor vehicle escape scrutiny from the police.The purpose of this study is to know the enforcement of the law against drivers who smoke while driving a motor vehicle, the barriers in law enforcement against drivers who smoke while driving a motor vehicle, what efforts can be made to overcome obstacles in law enforcement against drivers who smoke under Law No. 22 of 2009 On Traffic and Road Transport in Pekanbaru City Jurisdiction. The study was conducted at Satlantas Polresta Pekanbaru, while the population and samples were all parties related to the problems studied in this study, the data sources used, primary data, secondary data, and tertiary data, data collection techniques in this study were conducted with questionnaires, interviews, and literature studies.Enforcement of drivers who smoke while driving a motor vehicle is still low and needs to be enforced through the implementation of traffic regulations properly, the exemplary of law enforcement's own compliance, the straightforward stance of law enforcement, the adjustment of traffic rules on smoking prohibition while driving a motor vehicle. Advice for this issue Law enforcement against drivers who smoke while driving a motor vehicle so that it can be maximized considering the consequences inflicted if smoking while driving can interfere with concentration because having to drive with one hand, as well as the ash of the cigarette is also dangerous for other motorists if exposed to the eye will cause irritation so that it triggers a traffic accident.Keywords: Law Enforcement - Driver - Smoking
TANGGUNG JAWAB BADAN PENDAPATAN DAERAH DALAM IMPLEMENTASI PENINGKATAN PENDAPATAN DAERAH BERDASARKAN PERATURAN DAERAH KABUPATEN KAMPAR NOMOR 10 TAHUN 2011 TENTANG PAJAK SARANG BURUNG WALET DI KABUPATEN KAMPAR Sarah Nanda Jelita; Firdaus Firdaus; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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This study discusses the responsibility of the regional revenue agency in the implementation of increasing regional income based on the local regulation of the Kampar Regency number 10 of 2011 concerning the swallow's nest tax in the Kampar Regency. Article 2 paragraph (5) states that the taxpayer of swallow's nest tax is an individual or entity that makes efforts to collect and/or certify swallow's nests. And the basis for the imposition of a bird's nest tax is the selling value of a swallow's nest. However, what is in the field shows that the implementation of regional regulations is not going well.The type of legal research used by the author is a sociological legal research type. This research was conducted in Kampar Regency. Sociological legal research uses primary data and secondary data, while the population and sample are parties related to the problem studied, namely the Kampar Regency Regional Revenue Agency, the Kampar Regency House of Representatives and the owner of swallow's nest in Kampar Regency. Data collection techniques in this study with literature review, interviews and questionnaires.From the results of this study, the author concludes that the Kampar district regulation number 10 of 2011 has not been implemented properly, because the new local regulation was implemented in 2019 even though the Kampar district regulation which regulates the swallow's nest tax has long been ratified, the obstacle to implementing local regulations is the weakness supervision from the government, late in making regent regulations, not yet bringing in potential taxes, and lack of public awareness of paying taxes.Keywords: Government - local regulation - swallow's nest tax
RESCHEDULING SEBAGAI UPAYA PENYELESAIAN KREDIT MACET PADA PERJANJIAN KREDIT PEMILIKAN RUMAH (KPR) ANTARA DEBITUR PADA PT. BANK RAKYAT INDONESIA (Tbk) KOTA PEKANBARU
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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The realization of people's welfare is characterized by an increase in decent and dignified life and sufficient basic needs, namely food, clothing, shelter, health, education and employment. Houses are basic needs and have functions that are very important for human life. To own a house, not all groups of low and middle income people. Bank Rakyat Indonesia is one of the state banks appointed to implement a housing loan program with its credit facility called Bank Rakyat Indonesia Housing Loan or often known as KPR-BRI as a program in the field of public housing. The author chose Bank Rakyat Indonesia Tbk Pekanbaru as the object of the research location because it was based on the author's experience relating to the title, and because PT. Bank Rakyat Indonesia Tbk is a bank that is often a Financing in home loans in the city of Pekanbaru. PT. Bank Rakyat Indonesia Tbk Pekanbaru, where the authors conducted the study gave home credit with interest rates of 5.61% (2 years fixed rate) in 2018, and interest at 6.50% (1year fixed rate) in 2019.The problems examined in this study are: First, How is the implementation of a mortgage agreement at PT. Bank Rakyat Indonesia Tbk Pekanbaru? Second, Are the factors causing debtors to choose auction efforts compared to non-litigation at PT. Bank Rakyat Indonesia Tbk Pekanbaru? Third, how is the settlement of bad credit in a home ownership loan agreement between a customer and PT. Bank Rakyat Indonesia Tbk Pekanbaru?This type of research is sociological legal research. Data sources used are primary data and secondary data, data collection techniques using interviews and library studies. In this study the authors used analysis qualitatively, in drawing conclusions using inductive thinking methods.The results of this study are First, Implementing credit granting processes, prospective debtors must meet with housing developers who want to buy, then determine housing units, and determine the Bank to be used as a creditor. Third, the settlement of bad loans in a housing loan agreement between customers and PT. Bank Rakyat Indonesia Tbk, namely rescheduling, mediation, credit restructuring, good faith by customers.Keywords: Rescheduling - Agreement - Home Ownership Loans - Bad Credit - PT.Bank Rakyat Indonesia. Tbk
PELAKSANAAN ROYA FIDUSIA KENDARAAN BERMOTOR SEBAGAI JAMINAN HUTANG DI BANK MESTIKA DHARMA TBK CABANG PEKANBARU.
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Abstract

Fiduciary guarantee is a guarantee institution that can be used to bind collateral objects in theform of movable and immovable property, especially buildings that cannot be burdened with mortgages.Roya (elimination) is the elimination of debts guaranteed by the fiduciary, the release of rights to theFiduciary Guarantee by the Fiduciary Recipient or the destruction of objects that are objects of fiduciarycollateral. Based on this, the emergence of how the implementation of the motor vehicle fiduciary roya ascollateral is payable at the Pekanbaru Branch Mestika Dharma Tbk. The formulation of the problem in thisstudy is how the implementation of the motor vehicle fiduciary roya as collateral for debt at the PekanbaruBranch of Mestika Dharma Tbk and how the legal consequences if it is not carried out motorized fiduciaryroya as collateral for debt at the Pekanbaru Branch Mestika Dharma Tbk. The purpose of this study is First,to find out the implementation of the motor vehicle fiduciary roya as collateral for debt at the PekanbaruBranch Mestika Dharma Tbk. Secondly, to find out the legal consequences if the motor vehicle's fiduciaryroya is not carried out as collateral for debt at the Pekanbaru Branch Mestika Dharma Tbk.The type of research I use is a type of sociological research. The research location that is the objectof this research is the Pekanbaru Branch Mestika Dharma Tbk, Notary and Kemenkumham Riau ProvinceRegional Office. While the population and samples use the Pekanbaru Branch Mestika Dharma Tbk Debtor,Bank Mestika Dharma Branch Head, Notary and Kemenkumham Riau Province Regional Office. Primary,secondary and tertiary data sources. Data collection techniques in this study were interviews,questionnaires and literature review.From the results of the study there are several problems that give rise to two points. First, thequestion is how the implementation of the fiduciary law and legal consequences if it is not carried out by thefiduciary roya of motorized vehicles as collateral for debts at the Pekanbaru Branch Mestika Dharma Tbk,namely not all carry out the fiduciary plan because even if no deletion is carried out. . Second, how theefforts made to carry out motor vehicle fiduciary operations as collateral for debt at the Pekanbaru BranchMestika Dharma Tbk, namely when the debtor will pledge the object or item back then the object or itemcannot be guaranteed back for fiduciary collateral, because in fiduciary guarantee it does not allowfiduciary re. Suggestion of the author, first, even though there is no strict sanction, it should still carry outthe elimination of fiduciary. Second, the author hopes that there will be an effort from the government tomake more stringent rules regarding the provisions for the abolition of fiduciary guarantees.Keywords: Implementation - Roya - Fidusia - Vehicles - Motorized
UPAYA PENEGAKAN HUKUM DALAM MEMINIMALISIR TINDAK PIDANA PEMALSUAN SURAT IZIN MENGEMUDI DI KOTA PEKANBARU
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Counterfeiting is essentially to make an object or object look as if it is true and original when in fact it is fake. Falsification of a Driving License (SIM) is a criminal offense against falsifying an authentic letter as stated in article 263 of the Criminal Code and confirmed in article 264 paragraph (1) number 1 of the Criminal Code. The falsification of a SIM card is very common in the city of Pekanbaru, the perpetrators of the falsification of the SIM are the makers of fake SIMs and also users of fake SIMs, with the aim of using SIM facilities that look as if they are true when in fact they contain falsified and non-genuine elements. Fake SIMs circulating within the community are systematic and open, even the perpetrators of fake SIM makers are so easy to offer SIMs from homes to communities in the city of Pekanbaru. The number of criminal cases of forgery of SIMs that occur in the community is still a broad problem, fake SIMs that circulate openly have a bad impact on order on the highway. Efforts from law enforcement against counterfeit SIMs have not been minimized properly, law enforcement is still actively carried out on countermeasures only.This research is a sociological legal research that is research that wants to see the unity between law and society with the gap between Das Sollen and Das Sein. This research was conducted in the Pekanbaru City Police jurisdiction, while the population and sample were all parties related to the problem examined in this study, the data sources used, Primary data, secondary data, and tertiary data. Data collection techniques in this study were carried out through interviews, questionnaires, and literature review.From the results of this study, the law enforcement efforts are illustrated. First, law enforcement efforts Preventive and Refressive have been carried out by law enforcers, while in reality the field that preventive law enforcement is still not optimal. Second, there are obstacles that hinder the implementation of Preventive law enforcement, such constraints as lack of integrity and professional law enforcement, people who are less concerned, are legally blind and do not understand the procedures for making official and correct SIMs, conditions of police facilities and pre-facilities are still lacking, and perpetrators of crimes that intelligent and systematic fraud. Thirdly, efforts are made to reduce barriers to law enforcement in minimizing criminal acts of forgery of SIM by conducting moral and character strengthening of law enforcers, forming a fake SIM Eradication Task Force Task Force, and improving the facilities and pre-facilities of police to support the improvement of law enforcement against falsification of SIM in the city of Pekanbaru.Keywords: Law Enforcement - Criminal Acts - Falsification of SIM
Pelaksanaan Simpan Pinjam Pada Usaha Ekonomi Desa Simpan Pinjam (Ued-Sp) Kembang Serumpun Untuk Meningkatkan Perekonomian Masyarakat Desa Banjar Guntung
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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The Village-Savings and Loans Economic Business, hereinafter referred to as UED-SP, is aVillage Empowerment Program (PPD) created by the central government to improve the economy of ruralcommunities. The legal basis for UED-SP is regulated in Domestic Government Regulation Number 6 of1998 concerning Village-Savings and Loans Economic Enterprises. The Minister of Home AffairsRegulation Number 6 of 1998 concerning Village-Savings and Loans Economic Businesses gives theunderstanding that UED-SP is an institution engaged in savings and loans and belongs to the village /kelurahan community which is cultivated and managed by the village / kelurahan community.The purpose of this thesis is to find out the Savings and Loans Implementation of the Savings andLoans Economic Enterprise (UED-SP) of the Cumpun Flower to Increase the Economy of theBanjarGuntung Village Community. The type of research that will be used is sociological research, sausageresearch is research that examines its legal aspects by looking at the applicable legislation and comparing itwith its implementation in the field by means of surveys. The location of the study was carried out at theUED-SP Kembang Serumpun located in Banjar Guntung Village, Kuantan Mudik Subdistrict, KuantanSingingi Regency. The research is descriptive. The data sources used are primary, secondary and tertiarylegal data.The results of the study can be concluded, the factors causing the occurrence of bad credit in theUED-SP Kembang Serumpun that I got consisted of the following: Factors originating from UED-SP(Managers and Authorities), First, Managers were not careful in analyzing debtor credit applications.Secondly, over-financing of debtors needs. Third, Lack of supervision over loans. Next are factors that comefrom internal debtors: First, the customer misuses using credit. Second, the customer is less able to managehis business. Third, the customer has bad intentions. Whereas the settlement of problems for debtors whodefault on UED-SP Kembang Serumpun has never been confiscated and sold on collateral for debtors. Thisis based on the results of the decision of the Village Consultative Meeting. The following is a problemsolving for debtors who default: First, a warning / warning letter is given to the summoning process.Second, Extension of credit period. UED-SP Kembang Serumpun did not conduct an auction against debtorswho made arrears who had been given subpoena twice, this policy was decided based on the VillageConsultation because of certain considerations.
IMPLIKASI NON-CONVICTION BASED ASSET FORFEITURE SEBAGAI LANGKAH UNTUK MENGEMBALIKAN KERUGIAN NEGARA DALAM RANGKA PENANGGULANGAN TINDAK PIDANA PENCUCIAN UANG
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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In the realm of criminal law acts that are prohibited and accompanied by criminal sanctions for violationsare referred to as criminal acts or criminal acts. The prohibited acts are regulated in the legislation. Especially formoney laundering crimes regulated by a separate law, namely Law Number 8 of 2010 concerning Prevention andEradication of Money Laundering Crimes, hereinafter abbreviated as the TPPU Law. Therefore, the state has theauthority to punish those who commit money laundering as stipulated in the law. Briefly, Non-Coviction BasedAssed Forfeiture, hereinafter referred to as NCB, is the seizure of assets resulting from crime without priorpunishment of the perpetrator. This seizure of assets without punishment or NCB is one of the methods introducedin the context of implementing the provisions of CHAPTER V of the United Nations Convention AgainstCorruption (UNCAC) in particular how the recovery of assets is divided into parts: (i) general provisions, (ii)prevention and detection of transfer of proceeds of crime, (iii) actions for direct return on wealth, (iv) internationalcooperation for the purpose of seizure, (vi) special cooperation, (vii) return and surrender of assets, (viii)intelligence units, (ix) bilateral and multilateral agreements and arrangements. As is known, UNCAC has now beenratified by Indonesia to become Law Number 7 of 2006 concerning Ratification of the United Nations ConventionAgainst Corruption (UNCAC). That way, UNCAC has become part of Indonesia's positive legal system.Scientific writing aims to: firstly, to find out how the conception of the principle of Non-Coviction BasedAssed Forfeiture is a step to restore state losses in the context of Money Laundering Crime. Second, to find out theImplications of Non-conviction Based Assed Forfeiture according to Indonesian Legislation.The writing of this paper uses the research method used is Normative Legal research, namely legal researchliterature, normative legal research includes research on legal principles, research on systematic law, research onthe level of vertical and horizontal synchronization, comparative law, legal history. This research is more specificto research on legal synchronization after international conventions have been ratified or accessed into legislation.From the results of this study, it can be concluded that the conception of the principle of NCB is very usefulto confiscate and take over assets from the proceeds of a crime especially the crime of money laundering inIndonesia. NCB is not related to a criminal offense so that seizures can be more quickly requested from the courtthan Criminal Forfeiture. In contrast to confiscations in criminal proceedings which require the presence of asuspect or guilty verdict, the confiscation of NCB can be carried out as quickly as possible once the governmentsuspects a connection between an asset and a criminal offense.Keywords: Implications NCB, Asset Return, Money Laundering
KEABSAHAN POLIS ASURANSI ATAS KLAUSULA BAKU PADA PERJANJIAN ASURANSI DI PT. AXA MANDIRI CABANG KOTA PEKANBARU
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Insurance is an agreement, with which an insurer ties himself to an insured by receiving a premiumto provide compensation for a loss, damage, or loss of expected benefits that he might suffer because of anuncertain event. The required insurance agreement is written in a written form called the policy. Insurancepolicies contain agreement clauses, both standard and non-standard. To find out about this issue, thestandard agreement is regulated in Law Number 8 of 1992 concerning Consumer Protection, whileinsurance is regulated in Law Number 40 of 2014 concerning Insurance. This is to provide legal protectionfor policyholders for their rights and for business actors to provide the obligations of business actors asinsurance companies with the applicable rules.This type of research can be classified in the type of research that sosiological, because in this studythe authors directly conduct research at the location or place of study in order to provide a complete andclear picture of the problem under study. The research was conducted at PT. Axa Mandiri Pekanbaru CityBranch, while the population and the sample are all parties related to the problems axamined in this study,the source of the date used, primary,secondary, and tertiary, then the collection in this study by interviewand study documents.It can be said that the insurance policy has been provided in advance by the guarantor. Theinsurance policy holder as the party that binds themselves to the insurance company through an insuranceagreement gets legal protection in various laws and regulations such as in Law Number 2 of 2011concerning the Financial Services Authority, Law Number 40 of 2014 concerning Insurance, and in theFinancial Services Authority Regulation Number 1 / POJK.07 / 2013 concerning Financial Services SectorConsumer Protection. Given that insurance policy holders are generally individual or individual and not afew whose economic conditions are weak dealing with insurance companies, then a number of laws andregulations are more concerned and legal protection for insurance policy holders than the possibility oropportunity of violation of law by insurance companies. The legal consequences of violations of insuranceagreements will be faced by violators, which in this case will result in lawsuits that can be resolved throughcourt lines or through arbitration and alternative dispute resolution.Keywords: Insurance – Policy – Standard Clause

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