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INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Core Subject : Social,
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Articles 2,579 Documents
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Problematika Hukum Penerapan Ketentuan Percepatan Penyelesaian Kasus Perambahan Hutan Di Wilayah Provinsi Riau Yeni Elviani; Erdianto Effendi; Widia Edorita
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

Provisions regarding the acceleration of settlement of forest encroachment cases have been regulated in the Law of the Republic of Indonesia Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction Article 39, while investigators of PPNS, POLRI and Public Prosecutors in Riau province find it difficult to obtain evidence to resolve cases of criminal acts of forest encroachment. The dossier handed over to the Public Prosecutor is not yet complete with P-18, so there are still many criminal cases of forest encroachment that have not been resolved.This research is a sociological legal research, this research was conducted at the Center for Security and Enforcement of Environmental and Forestry Laws in Sumatra Region. While the population and sample are all parties who have a relationship with the problem in this study. Sources of data used include primary, secondary, and tertiary materials. Data collection techniques in this study were carried out by questionnaires, interviews, and literature studies.The results of this study indicate, First, the application of the provisions for the acceleration of settlement of forest encroachment cases in the Riau province area has not been maximized, there are still many cases that have not been completed because the P-21 file is not complete. Second, the Implications of the Law of the Republic of Indonesia Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction has provided a legal umbrella for PPNS, POLRI and Public Prosecutors to coordinate in eradicating forest encroachment actors carried out by individuals and groups who destroy forests, especially in Riau province. Third, efforts to overcome legal problems in the application of Article 39 of the Law of the Republic of Indonesia Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction in Riau Province, The Public Prosecutor has the authority to conduct a pre-prosecution if there are deficiencies in the investigation by taking into account the provisions of Article 110 Paragraph (3) and (4).Keywords: Forest-Encroachment-Investigation
Tinjauan Yuridis Pengisian Jabatan Wakil Bupati Berdasarkan Undang Nomor 10 tahun 2016 tentang Perubahan Kedua Undang-Undang nomor 1 tahun 2015 tentang Penetapan Peraturan Pemerintah Pengganti Undang-Undang nomor 1 tahun 2014 tentang Pemilihan Gubernur, Bupati, Walikota Andi Wahyu Putra Utama; Mexsasai Indra; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The 1945 Constitution of the Republic of Indonesia in Article 18 paragraph 4 which isthat the Governor, Regent and Mayor are democratically elected to function to lead their regionswhich have been given the trust of the people who have given their votes in the regional headelection. However, problems related to Regional Autonomy seem never to be resolved. Theproblem that has arisen in the relationship between the central and regional governments is thedistribution of power and the allocation of financial resources. The exsistence of a deputy regentin principle aims to help ease the tasks of the regional head. The representative should be a“trusted person” or right-hand man of the regional head who has an emotional attachment toone another. This trust will be a obtained if a regional head can freely choose his representativewithout being bound to a system or management that is coercive.This type of research can be classified in the type of Normative legal research, whichreveals legislation relating to legal theories that are the object of research. The approach takenuses a qualitative analysis approach by looking for data both in books, journals and otherscientific works related to this research. The data sources used are primary and secondary legalmaterials.The conclusion that can be obtained from the results of the research is first, the filling ofthe position of Deputy Regent has been regulated based on law number 10 of 2016 after thesecond amendment to Law number 1 of 2015 concerning the Establishment of GovernmentRegulation in lieu of Law number 1 of 2014 concerning Governor Election Regent and Mayorrelated to the vacant position of deputy regent, it is stated in law number 10 of 2016 article 176.Second, the ideal arrangement for filling the position of Deputy Regent in the Constitutionmandates in Article 18 Parageraph 4 oh the 1945 Constitution thet “Governor, The Regent, andthe Mayor respectively as the heads of the provincial, regency and city regional governments aredemocratically elected. “An important issue that arises is related to the existence and urgency ofthe position of Deputy Governor, Deputy Regent, or Deputy Mayor. Explicitly, the constitutiononly recognizes the positions of Governor, Regent and Mayor.Keywords: Position, Deputy Regent, Election, Filling, Regional Autonomy.
PELAKSANAAN PERLINDUNGAN HAK-HAK KOBAN KEKERASAN DALAM RUMAH TANGGA DI KEPOLISIAN RESOR KOTA SIBOLGA Jusuf Tinambunan; Erdianto Erdianto; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Domestic violence is any act against someone, especially women, which results in suffering or suffering physically, sexually, psychologically, and or neglecting the household, including threats to commit acts, coercion, or deprivation of liberty in the city of Sibolga. not fulfilled.This research is classified into observational research by means of a survey, namely research conducted directly in the research location, namely at the Sibolga Police. Meanwhile, if viewed from its nature, this research is descriptive, namely this research is intended solely to find out a complete, detailed, and clear picture of a reality.The result of this research is that the researcher finds that the Sibolga City Police as the object of the researcher's research still finds an increase in domestic violence from year to year. As for the obstacle to not fulfilling the rights of victims of domestic violence are the factors from the police and the victims themselves, where the police do not socialize the rights of the victims, and the factor of the victims is that the victim does not want to because it is a family disgrace, so efforts are needed to fulfill it. The rights of victims can be provided by a Vocational Training Center (BLK) which is supervised by the Manpower Office, provides a safe house in the police, provided a Crisis Center which is managed by a non-governmental organization (NGO) itself. Keywords: Domestic violence, Protection, Rights of victims
EKSISTENSI HUKUM ADAT DALAM MENYELESAIKAN KEKERASAAN DALAM RUMAH TANGGA DI DESA PINJAUAN KANAGARIAN PILUBANG KECAMATAN SUNGAI LIMAU KABUPATEN PADANG PARIAMAN Putri Asri Sri Rahayu; Erdianto Effendi; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Indonesia is a state of law (rechstaat) where the legal provisions rely or are guided by the Pancasila and the 1945 Constitution, as a rule they must not conflict with higher laws because they apply nationally. But in social life besides national law, there are also laws that grow and develop in society, where the law is born from the habits or attitudes and behavior of the people themselves who are often referred to as habits. This custom or habit will develop into a provision called adat law. That customary law still lives in each region. Particularly in the Penagarian Village of Pilubang Village, Sungai Limau Subdistrict, Padang Pariaman District, customary law still exists used by the community in resolving criminal acts of domestic violence. For this reason, the writer is interested in conducting research as a scientific work in the form of a thesis with the title "Existence of Customary Laws in Resolving Domestic Violence in the Kanagarian Pilubang Village, Sungai Limau District, Padang Pariaman District".The purpose of this study is to find out: first how the implementation of settlement of domestic violence in the village of Pubang Kanagarian Pilubang District Sungai Limau. second, how are the obstacles faced in resolving domestic violence in the village of Pubang Kanagarian Pilubang, Sungai Limau District. In this study the author uses empirical (sociological) juridical writing methods, namely an approach to the problem by looking at the applicable legal norms, connected with the facts in the problems encountered.From the results of the study it can be concluded that. Settlement of domestic violence in the Pilubang Kanagarian Village is a preparation, determining the day and date, as well as the location of the traditional session to be held, deliberation to decide the domestic violence case, giving advice by traditional leaders and religious leaders, paying the agreed fines. The constraints faced in resolving domestic violence in Desa Pinjauan are self factors, law enforcement factors, community factors, cultural factors.Keywords: Existence-Customary Law-Domestic Violence
ANALISIS YURIDIS TERHADAP PEMBATASAN RUANG LINGKUP POLITIK UANG DALAM PEMILU DI INDONESIA Emil Yadev; Emilda Firdaus; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

In elections, there are several political parties, political parties (hereinafter referred to as political parties) are a necessity in modern democratic political life. As an organization, political parties are ideally intended to activate and mobilize the people, represent certain interests, provide compromises for competing opinions, and provide maximum political leadership to the maximum extent of legitimate and peaceful political leadership. the law is still unable to access the practice of money politics because of the weaknesses of the Perppu (Legislation) and the low level of law enforcement itself. A little idea from me, it is better if the vote recapitulation process is carried out directly at the Regency / City level to minimize money politics. The government should also be able to see and reduce what are the factors that make money politics happen, which factors include political factors, low institutionalization of political parties, oligarchic and transactional management of political parties, non-transparent financial system of political parties and accountable.This study examines the subject matter in accordance with the scope and identification of problems through a statute approach carried out by examining statutory regulations and regulations related to the legal issue under study. In this study, the authors conducted research on legal synchronization using descriptive methods. This esearch examines the juridical analysis of the limitations om the scope of money politics in elections in indonesia.The results of the research conducted by the author are, first, it is better if in Law Number 7 of 2017 concerning General Elections Article 523 is more explicitly explained about what other materials are, for example money politics in general elections, then achieving ideal arrangements regarding the boundaries of the scope of money politics , whereas the legal instrument for preventing money politics (money politics) in the election is already good, but it must be followed by serious socialization and legal counseling so that none of the prospective voters do not know the rules to be imposed on them in organizing the election.Keywords:Limitation-MoneyPolitic-Election
EFEKTIVITAS PELAKSANAAN MUTASI TENAGA KERJA PADA PT NATIONAL SAGO PRIMA (NSP) DI KECAMATAN TEBING TINGGI TIMUR KABUPATEN KEPULAUAN MERANTI Nazri Nazri; Firdaus Firdaus; Riska Fitriani
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

A muttion is a change of position, a title, a place of work done bot horizontally and vertically in an organization. Transfers are a common thing for companies that have branch offices in several regions and transfers are part of the personnel management policy to distribute human resources appropriately and according to the company’s needs. However, transfers need to pay attention to law Number 13 of 2003 concerning Manpower, company regulations, and work agremeents so that there are no diputes between workers and employer such as the dispute between PT National Sago Prima and 9 (nine) workers of PT National Sago Prima.The purpose of the study was to determine the effectiveness of labor transfer by PT National Sago Prima based on Law Number 13 of 2003 concerning Employment and the determine the efforts and resolution of labor transfer problem wit PT National Sago Prima. This type of research is sociological yuridis, this research is descriptive analytic. The location of this research is PT National Sago Prima, Tebing Tinggi Timur district, Meranti Island Regency. The sources of data used are primary data, secondary data and tertiary data. Data collection techniques with interview and literature reviews.From the result of this study, it is concluded that first, the implementation of mutations carried out by PT National Sago Prima is in accordance with the provisions of Law Number 13 of 2003 concerning Employment and company regulation, but is implementation has not been effective due to the education factor of workers being transferred is still law and impressed second, efforts to resolve disputes between workers and PT National Sago Prima have reached an agreement that 9 (nine) workers have been laid off bassed on article 161 Paragraf 1 law Number 13 of 2003 concerning Manpower.Keywords: Mutation - Labor - At PT National Sago Prima
PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA PENYELUNDUPAN SATWA JENIS TRENGGILING YANG DILINDUNGI DI WILAYAH HUKUM KEPOLISIAN DAERAH RIAU Fitri Febriyati; Erdianto Effendi; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Indonesia is a country that has the largest biological natural resources and ecosystems consisting of vegetable natural resources and animal natural resources. The elements of biological natural resources and their ecosystems are basically interdependent with each other so that the use of one element will affect other elements of natural resources, damage and extinction of one of the elements that will result in disruption of the ecosystem. The extinction of several species of protected animals so far many have been damaged or deliberately damaged by various acts of a group of people who are not responsible. The extinction of these animals is caused by humans who carry out illegal animal trade by smuggling protected animals into neighboring countries. The trade in endangered species is still carried out illegally and is still difficult to eradicate because the trade in protected animals is very popular.The purpose of this thesis is; First, to find out the factors causing the occurrence of criminal acts of smuggling of pangolin species that are protected in the jurisdiction of the Riau Regional Police; Second, to find out law enforcement against the perpetrators of the crime of smuggling pangolin species protected in the jurisdiction of the Riau Regional Police.This type of legal research used by the writer is a type of sociological juridical research, because in this study the writer directly conducts research at the location or place under study.From the results of the study, there are two main things that can be concluded. First, the factors that cause the smuggling of protected animals, namely, economic factors, law enforcement factors, environmental factors that are not good, and factors of lack of social control from family and community environment, and not yet maximum social control from family and community environment, not yet maximum control from the government in protecting these protected animals. And there are also several factors that cause the crime of smuggling these animals, namely, community factors, high selling value factors, conflict factors between humans and animals, hobby factors, and factors less than optimal processes for imposing criminal sanctions. Second, law enforcement against traffickers of protected species of pangolins based on Law Number 5 of 1990 concerning Conservation of Biological Resources and Their Ecosystems in the Riau Regional Police jurisdiction has been running properly but there are only a few law enforcement officers involved in it . This must be realized by law enforcers and individuals that the smuggling of protected animals has a great influence on the ecosystem.Keywords: Law Enforcement, Crime, Anteater Smuggling
PEMBATALAN PERJANJIAN SECARA SEPIHAK OLEH CALON JEMAAH UMROH SILVER SILK TOUR AND TRAVEL KARENA PANDEMI COVID-19 Aldo Virgiansyah; Firdaus Firdaus; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Hajj and Umrah are obligatory acts of worship for every Muslim who can afford it. The agreement publishes an agreement between two people who are made. Implementation of the departure of prospective Hajj and Umrah pilgrims carried out by the Hajj and Umrah organizers using an agreement. The agreement made is binding on both parties, namely between the company or the organizing bureau as the first party and prospective Hajj and Umrah pilgrims as the second party. The cancellation of the agreement unilaterally cannot be carried out and must first fulfill the elements of being able to cancel an agreement. The purpose of writing this thesis, namely: First, to find out the form of implementation of the Umrah agreement due to the covid-19 pandemic, Second: to find out how Silver Silk Tour and Travel is responsible for the Umrah agreement party due to the covid-19 pandemic.used in this study using sociological research methods, namely research that wants to see the correlation between and society, so as to be able to reveal the effectiveness of law in society and identify unwritten laws that apply to society, while the sources of data are primary data, secondary data, and secondary data. tertiary, data collection in this study by interview and document study methods.From the results of the research problem, there are two main things that can guarantee, First, the challenge of a unilateral agreement made by prospective Silver Silk Tour and Travel Umrah pilgrims, the agreement between the prospective Silver Silk Tour and Travel Umrah pilgrims and the Silver Silk Tour and Travel does not meet the elements - elements for an agreement to be cancelled. Second: the problem of legal liability given by Silver Silk Tour and Travel to prospective Silver Silk Tour and Travel pilgrims who promise unilaterally that there is nothing to show that Silver Silk Tour and Travel must provide an accountability.Keywords: Cancellation - covid19 liability - covenant
PERAN PEMERINTAH DAERAHKOTAPEKANBARU DALAM PENYEDIAAN RUANG KHUSUS MENYUSUI DI INSTANSI PEMERINTAHAN BERDASARKANPERATURAN WALIKOTA PEKANBARU NOMOR48TAHUN2015 TENTANG PEMBERIAN Rahmawita Asari; Emilda Firdaus; Muhammad A. Rauf
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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Abstract

The issuance of the mayor’s regulation of Pekanabaru Number 48 of 2015 conceringthe provision of exclusive breast milk, article 3 paragraph 1 which states the support forexclusive breastfeeding must be carried out by families, communities, state/private-ownedenterprises, city governments and the support as referred to in paragraph 1 covers theprovision of breastfeeding times and places to breastfeed (ASI corner). The formulation ofthe problem in this thesis, namely: First, the role of the local government of the city of newweek in an effort to provide a special room for breastfeeding in government agencies.Second, the inhibiting factor in the effort to provide a special room for breastfeeding ingovernment agencies. Third, the efforts that must be made by the Pekanbaru city governmentare to maximize the provision of special breastfeeding rooms in government agencies.This type of research is a sociological legal research, because it is based on fieldresearch, namely by collecting data from interviews questionnaires, and literature studiesthat are related to the problems to be studied, assisted by primary, second and tertiary data.The research was conducted at the Pekanbaru City Health Office, the Pekanbaru Mayor’sOffice, the Pekanbaru Public Service Mall, the Pekanbaru City Women and ChildrenEmpowerment Service, Sail District,Binawidya District , and the Pekanbaru City RegionalPeople’s Representative Council of Pekanbaru city. While the population and sample are allparties related to the problem under study, namely all regional apparatus organizations inthe city of Pekanbaru and female employees who work in the office or government agency ofthe city of Pekanbaru. This study uses qualitative data analysis and produces descriptivedata.From the results of the study if can be conclude that. First, the role of the PekanbaruCity government in providing a special breastfeeding room in government agencies has notrun optimally. Second, the inhibiting factors from the implementation of the provision ofspecial breastfeeding room in government agencies are regulatory factors, budget factor,lack of coordination factors, human resources factors,lack of data collection, lack ofsocialization, education and information and supervision factors. Third, the efforts that havebeen made to overcome the inhibiting factors are, establishing standard operatingprocedures, and conducting counselingKeywords: Role-exclucive mother’s milk room-special room for breastfeeding
ANALISIS MEKANISME PEMBUBARAN ORMAS BERDASARKAN UNDANG-UNDANG NOMOR 16 TAHUN 2017 TETANG PENETAPAN PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG NOMOR 2 TAHUN 2017 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 17 TAHUN 2013 TENTANG ORGANISASI KEMASYARAKATAN MENJADI UNDANG-UNDANG DITINJAU DALAM PERSPEKTIF NEGARA HUKUM DAN DEMOKRASI DI INDONESIA Nadia Dwi Anjulina; Emilda Firdaus; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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Abstract

The dissolution of social organizations which are the absolute authorityof the Government based on Law Number 16 of 2017 concerning Stipulation ofGovernment Regulations in Lieu of Law Number 2 of 2017 concerningAmendments to Law Number 17 of 2013 concerning Social Organizations intoLaws does not reflect the basic principles of a rule of law and democracy thatrequires the protection of human rights and the distribution of power in orderto prevent the instrumentation process from placing the law as part of power.The dissolution of social organizations should still involve a court process toavoid subjective decisions made by the government. Therefore, the purpose ofthis thesis research is first, to analyze the mechanism for dissolution of socialorganizations based on Law Number 16 of 2017 concerning Stipulation ofGovernment Regulations in Lieu of Law Number 2 of 2017 concerningAmendments to Law Number 17 of 2013 concerning Social Organizations intoLaws which is reviewed from the perspective of the rule of law and democracyin Indonesia. Second, the ideal arrangement for the dissolution of cocialorganizations in IndonesiaThis type of research can be classified into normative juridicalresearch, namely a research that describes clearly and in detail the mechanismfor the dissolution of social organizations based on Law Number 16 of 2017concerning Stipulation of Government Regulations in Lieu of Law Number 2 of2017 concerning Amendments to Law Number 17 of 2013 concerning SocialOrganizations into Laws, which is reviewed from the perspective of a rule oflaw and democracy in Indonesia. This study uses data sources in the form ofprimary data and secondary data, and data collection techniques are carriedout by literature review.From the results of the research problem there are two main things thatcan be concluded. First, the problem of fulfilling human rights in themechanism for dissolving social organizations in Indonesia. Second, the idealarrangement is related to the mechanism for the dissolution of SocialOrganizations in Indonesia. The author's suggestion is that the current Law onSocial Organizations needs to be revised again by incorporating the court'sauthority in deciding disputes over the dissolution of social organizationswhich is supported by the application of fast, simple and low-cost judicialprinciples.Say key: Social Organization-Rule of Law-Democracy

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