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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Articles 2,579 Documents
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ANALISIS YURIDIS TENTANG PERLINDUNGAN HUKUM TERHADAP HEWAN PADA TINDAK PIDANA ANIMAL ABUSE DI INDONESIA Tirza Bonita; Erdianto Effendi; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Animal abuse has recently emerged and has gone viral on social media.The high number of abandoned animals also affects the number of cases of animalabuse. The factor of the Indonesian population who also does not understandabout animal cruelty makes animal abuse often occur. Many regulations relatedto animal protection are currently unknown to the public and even lawenforcement officials themselves. Weak punishment for animal abuse in theCriminal Code is an obstacle in protecting the animals around us. Therefore,legal protection for animals in the crime of animal abuse is needed to reform toenforce the law and protect the existence of animals from human evil treatment ofanimals considering that animals are also living creatures that do not deserve tobe hurt.This type of research is normative juridical research, namely researchconducted by examining literature discussions with secondary data sourcesconsisting of primary legal materials in the form of laws and regulations,secondary legal materials from legal books, and tertiary legal materials in theform of dictionaries. Then the data were analyzed qualitatively, namely analyzingthe data descriptively obtained from secondary data.From the results of the study it was concluded that, first, the legalregulation of animal protection in Indonesia uses Law Number 41 of 2014concerning Animal Husbandry and Animal Health, amendments to Law Number18 of 2009 concerning Animal Husbandry and Health, Government RegulationNumber 95 of 2012 concerning Animal Husbandry and Animal Health. VeterinaryPublic Health and Animal Welfare and the Criminal Code. Article 302 forimposing punishment on perpetrators of criminal acts of animal abuse is Article302, which has a weak sentence and the sanctions do not provide a deterrenteffect to perpetrators of criminal acts of animal abuse. Second, the urgency ofrenewing regulations to protect animals from criminal acts of abuse is needed, toprotect animals from persecution and until now new rules regarding animalprotection are currently contained in the RKUHP which it is not yet known whenit will be ratified.Keywords: Analysis-Legal Protection-Animal-Criminal-Abuse
PENYELESAIAN WANPRESTASI DALAM PERJANJIAN JUAL BELI TERHADAP PEMBATALAN SEPIHAK DENGAN METODE PEMBAYARAN CASH ON DELIVERY PADA PEKANBARU JUAL BELI ONLINE ELEKTRONIK DI PEKANBARU Sarah Salsabiila; Hayatul Ismi; Hengki Firmanda
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

There are problems that occur in COD buying and selling transactions, one ofwhich is the occurrence of cancellations when the goods have started to be shipped orhave arrived at the buyer's place. In a transaction, the consumer unilaterally cancelsthe goods that have been ordered to the seller so that in this context the consumer hasdefaulted. For the actions of the negligent and irresponsible consumer, the seller hasclearly been harmed because he cannot get his rights and gets immaterial losses suchas the reputation of his shop which is branded bad by other consumers who read thepost.The type of legal research is sociological juridical, which in this research, iscarried out by going directly to the field to collect primary data, and using descriptivemethods. Meanwhile, if viewed from the nature of this research is descriptive.The type of legal research is juridically sociological, which in this study, iscarried out by going directly to the field to collect its primary data, and usingdescriptive methods. Meanwhile, when viewed from its nature, this research isdescriptive.The results of this study are the result of unilateral cancellations made by buyersto sellers in the PJBO Electronic Online Buying Forum, namely paying compensation tocreditors, cancellation of agreements, transfer of risk to debtors, cancellationaccompanied by payment of compensation, paying court fees if brought before thecourt. Country. The form of settlement of default in the sale and purchase agreementagainst unilateral cancellation with the Cash On Delivery payment method at the PJBOElectronic Online Buying Forum, namely the seller can file a lawsuit to the courtbecause he feels aggrieved by the consumer for the problems he experiences due to theunilateral cancellation of the consumer who uses the COD feature. However, thesethings were not done by the seller at PJBO Elektronik Pekanbaru. The seller onlyaccepts the loss caused by the buyer who unilaterally cancels the COD payment.Keywords: settlement of default, sale and purchase agreement, unilateralcancellation, COD
EFEKTIVITAS PENGGUNAAN E-TILANG TERHADAP PELANGGARAN LALU LINTAS DI KOTA PEKANBARU M Hafidh Novaldi; Mukhlis R; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The application of e-tickets is an effective option to achieve the target in theimplementation of tickets for traffic violators so that it is expected to be a solutionin solving unwanted things when prosecution takes place. Basically, the issuing ofa ticket and the trial mechanism is similar to a regular ticket. What makes thedifference is the presence of an electronic recorder to record driver errors. Article272 Paragraph (1) of the Law on Road Traffic and Transportation can useelectronic equipment, which is further regulated in Article 23 of the GovernmentRegulation of the Republic of Indonesia Number 80 of 2012 which stipulates thatthe prosecution of traffic and road transportation violations.The objectives in writing this thesis, namely: First, For knowingeffectiveness from e -ticket in reduce number violation then traffic at the policestation Pekanbaru . Second, For knowing obstacle and effort resolve obstacle thein enforcement e - ticket system on moment this , use smoothness enforcement e -ticket system in the future come . The type of legal research used by the author isa sociological legal research type. This sociological research is a type of researchthat is viewed from a legal point of view.From the results of the study, it was found that the electronic ticket receiveda good response and the community agrees with the existence of an E-ticket inPekanbaru City, because the existence of an E-ticket This ticket can increasepublic awareness and awareness as well more obedient to traffic rules eventhough there are no police. Next E-Ticket can also decrease the number of trafficviolations in Pekanbaru City and E-ticketing system is more transparent becausethere is recorded evidence and fines the money is sent directly to the State, sothere is very little chance of there is bribery. Barriers found in the implementationof E-tickets in handling traffic violations concerning the condition of humanresources in the implementing the synergy of public services, the ticketing systemis still not optimal implemented from the aspect of quantity and quality ofpersonnel. Author's Suggestions, First, hold a socialization regarding the e-ticketsystem from enforcement officers law.Keywords: E-Tickets-Traffic Violations-Pekanbaru Police
IMPLEMENTASI IZIN MENDIRIKAN BANGUNAN DI KABUPATEN KAMPAR BERDASARKAN PERATURAN DAERAH KABUPATEN KAMPAR NOMOR 4 TAHUN 2014 TENTANG BANGUNAN GEDUNG Riyad Fauzura; Mexsasai Indra; Zainul Akmal
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The Kampar Regency Government issued Kampar Regency RegionalRegulation Number 4 of 2014 concerning Buildings to regulate building permits,precisely in Article 16 paragraph 1 letter (a) which states that every person orlegal entity including government agencies must submit an IMB application to theRegent to carry out building construction activities and/or building infrastructure.However, after the enactment of the regional regulation, there are still manyviolations that occur in the implementation of buildings in Kampar Regency, atotal of 156 buildings that were put in order by Satpol PP as of 2019-2021. Thepurpose of this thesis research is first, to determine the implementation of buildingpermits in Kampar Regency based on Kampar Regency Regional RegulationNumber 4 of 2014 concerning Building Buildings. Second, to find out theinhibiting factors in the implementation of the Building Permit rules in KamparRegency. Third, to find out the efforts in overcoming obstacles in theimplementation of building permit rules in Kampar Regency.From the results of the study, it was concluded that, first, theimplementation of building permits in Kampar Regency based on KamparRegency Regional Regulation Number 4 of 2014 concerning Buildings has notgone well. Second, the inhibiting factors in the implementation of the BuildingPermit rules in Kampar Regency are the area, budget and socialization,coordination between Satpol PP and related agencies, the role of the community,and community legal awareness. Third, efforts to overcome obstacles in theimplementation of the Building Permit rules in Kampar Regency, namely satpolPP providing education to the community and inviting the community to play anactive role in reporting on buildings that do not have a permit, the need to reportwith the Kampar Regency DPRD regarding budget problems, forming a judicialteam which is a combination of all related agencies led by Kasat Satpol PP.DPMPTSP in the future will educate the public so that the community can betterparticipate in supervising the implementation of buildings. Then the DPRD willapproach and socialize the Regional Regulation to the community from theDistrict level to the Village level and call relevant parties to record how theimplementation of the Regional Regulation and tighten up how to follow up on theproblem.Keywords: Implementation, Regional Regulation, Building Permit.
PELAKSANAAN KEWENANGAN JAKSA PENGACARA NEGARA DI BIDANG TATA USAHA NEGARA PADA KEJAKSAAN TINGGI RIAU Mulfanny Vania Zulhas; Ledy Diana; Mexsasai Indra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The Attorney General’s Office of the Republic of Indonesia as regulated in LawNumber 16 of 2004 concerning the Prosecutor’s Office of the Republic of Indonesia is agovernment institution that carries out state duties in the field of prosecution and otherauthorities based on law. Where one of his duties is in the field of Civil and StateAdministration where the prosecutor with special powers can act both inside and outside thecourt for and on behalf of the state or government which is referred to as the State Attorney.In practice, the task as state attorney in handling State Administrative dispute cases can alsobe carried out by lawyers who are advocates. During the last three years, there have onlybeen two cases of State Administrative disputes handled by the State Attorney of the RiauHigh Court. So that the writing of this thesis aims to determine the criteria for StateAdministrative cases that can be handled by the State Attorney in the field of StateAdministration at the Riau High Court and to find out how the implementation of theauthority of the State Attorney in the State Administration at the Riau High Court.This type of research can be classified in the type of sociological research which iscarried out by direct research on the place under study to provide a complete and clearpicture of the problem being studied. This research was conducted in the High Service Officeof Riau, while the population and the sample are the parties related to the problem studied inthis study. The data sources used are; primary data, secondary data, and tertiary data, thedata collection techniques in this study were methods and interviews and literature study.From the results of this study, two conclusions can be drawn. First, cases or StateAdministrative disputes that can be handled by the Riau High Court. Second, this studydiscusses the implementation of the authority of the State Attorney at the Riau High Court.The researcher’s suggestions are, firstly, there is a correction of the prosecutor’s duties andauthorities in the field of state administration. Second, the provisions on the separation ofauthority are clearer for State Attorneys in both the Civil and State Administration scope.Third, strict provisions to be addressed to government agencies, state institutions,BUMN/BUMD to cooperate using the services of a State Attorney when there is a stateadministrative dispute.Keywords: Public Prosecutor – State Lawyer – Authority
PENERAPAN HUKUM TERHADAP TINDAK PIDANA ILLEGAL FISHING (STUDI KASUS PENGGUNAAN ALAT TANGKAP MINI TRAWL DI WILAYAH PERAIRAN DESA KUALA PATAH PARANG KECAMATAN SUNGAI BATANG KABUPATEN INDRAGIRI HILIR) Zulfa Nada Habibie; Davit Rahmadan; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Illegal fishing means any form of fishing activity that violates the law. The use oftrawl nets is categorized as illegal fishing. Law enforcement against illegal fishing in itsregulation is often juxtaposed with other fisheries crimes, namely illegal, unreported andunregulated. The use of mini trawls is often found in the waters of Kuala Patah ParangVillage. Fishing by using trawls can damage and endanger the preservation of theenvironment and marine ecosystems or marine resources because fishing is carried outwithout paying attention to environmental aspects. The purposes of writing this thesis are:First, to determine the legal urgency of the prohibition of the use of mini trawl fishing gear infishing in the waters of Kuala Patah Parang Village, Sungai Batang District, Indragiri HilirRegency, Second, to find out the obstacles and efforts in law enforcement against illegalcriminal acts. fishing using mini trawler fishing gear in the waters of Kuala Patah ParangVillage, Sungai Batang District, Indragiri Hilir Regency.This type of research can be classified in the type of sociological juridical researchwith an approach to field research techniques, interviews, and literature studies. Thisresearch was conducted in Kuala Patah Parang Village, Sungai Batang District, IndragiriHilir Regency. To obtain the desired final result, the data obtained, both primary data andsecondary data, were then analyzed using a qualitative approach which was then described.From the results of this study it can be concluded. First, the urgency of the lawprohibiting the use of mini trawl fishing gear in catching fish in the waters of Kuala PatahParang Village, Sungai Batang District, Indragiri Hilir Regency, namely the increasingnumber of cases of using mini trawl fishing gear and the decreasing number of fish obtainedby traditional fishermen in Kuala Patah Parang Village. . Second, the obstacles faced in lawenforcement against the crime of illegal fishing in the use of mini trawler fishing gear in thewaters of the Kuala Broken Parang Village, namely the lack of personnel, fishermen's humanresources are still relatively low, completeness of facilities and supporting facilities are stilllimited in increasing routine patrols in carry out the task of supervising, protecting andprotecting the community, especially fishermen in the waters, and the low sanctions given.Keywords: Law Enforcement, Illegal Fishing, Mini Trawl.
PELAKSANAAN PERATURAN KEWAJIBAN SERTIFIKASI HALAL TERHADAP DEPOT AIR MINUM ISI ULANG DI KECAMATAN PAYAKUMBUH BARAT BERDASARKAN UNDANG-UNDANG NOMOR 33 TAHUN 2014 TENTANG JAMINAN PRODUK HALAL Muhammad Septiardana; Hayatul Ismi; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Based on the explanation in Article 4 of the Law of the Republic ofIndonesia Number 33 of 2014 concerning Halal Product Guarantee explains that"Products that enter, circulate, and are traded in the territory of Indonesia mustbe certified halal". But in reality in the field and in everyday life there are stillmany products circulating in the territory of Indonesia that do not have a halalcertificate and do not implement these rules, especially at the Drinking WaterDepot in West Payakumbuh District. From the explanation above, the authorraises the formulation of the problem, namely, how is the implementation of halalcertification for refill drinking water depots based on Law Number 33 of 2014concerning Halal Product Guarantee and what are the obstacle factors forbusiness actors for refill drinking water depots in West Payakumbuh District inthe certification process Halal and the implementation of Halal Certification bythe Indonesian Ulema Council of Payakumbuh City.This research is classified in the type of research using the juridicalempirical research method, the approach used is sociological juridical, because itdirectly conducts research on the location or point being examined to provide acomplete and clear picture of the problem being examined, while the samplepopulation is all parties involved. with the problems studied in this study, the datasources used, primary data and secondary data, data collection techniques in theresearcher. This research was conducted at the Indonesian Ulema Council inPayakumbuh City and a refill drinking water depot in West Payakumbuh District.The purpose of this study was to determine the process of halal certification andthe obstacles and efforts to implement halal certification.The results of theresearch and the conclusions of the researchers are as follows: First, it ismandatory for all those who trade in the territory of Indonesia to have a halalcertificate.Keywords: Halal Certification, Drinking Water Depot, Indonesian UlemaCouncil.
IMPLEMENTASI PERATURAN MENTERI PERHUBUNGAN NOMOR 60 TAHUN 2021 TENTANG PERUBAHAN KEDUA ATAS PERATURAN MENTERI PERHUBUNGAN NOMOR 104 TAHUN 2017 TENTANG PENYELENGGARAAN ANGKUTAN PENYEBERANGAN PADA JASA PENYEBERANGAN KEMPANG DI KABUPATEN KEPULAUAN MERANTI TAHUN 2020-2021 Riska Mawarni; Zulfikar Jayakusuma; Junaidi Junaidi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Minister of Transportation Regulation Number 60 of 2021 concerning the Second Amendment to the Regulation of the Minister of Transportation Number 104 of 2017 concerning the Implementation of Crossing Transportation in Meranti Islands Regency, there is a crossing transportation, namely the Kempang, Based on the phenomenon that researchers found that the standard of safety support facilities at the Kempang crossing in Tebing District was still low Height, such as the lack of seats for passengers, the absence of buoys for safety, if an accident occurs, does not comply with the applicable rules, it occurs due to a lack of supervision, the Meranti Islands Regency government should try to reinforce sanctions and carry out regular supervision.This research is a sociological research, namely research conducted by identifying the law and how the effectiveness of this law applies in society. This research is also based on primary data, name ly data obtained directly through observation and interviews.From this research, it can be concluded that the first implementation of Ministerial Regulation Number 60 of 2021 concerning the Second Amendment to the Regulation of the Minister of Transportation Number 104 of 2017 concerning the Implementation of Crossing Transportation on the Kempang crossing service in the Meranti Islands Regency, the two factors that hinder the implementation of the implementation of the Ministerial Regulation Number 60 of the Year 2021 Regarding the Second Amendment to the Regulation of the Minister of Transportation Number 104 of 2017 concerning the Implementation of Crossing Transportation on the Kempang Crossing Service in the Meranti Islands Regency, third, the efforts that the Meranti Islands Regency government can take so that the Minister of Transportation Regulation Number 60 of 2021 concerning the Second Amendment of the Minister of Transportation Regulation Number 104 of 2017 concerning the implementation of ferry transportation can be carried out at the kempang crossing in the Meranti Islands Regency. Keywords: Kempang-safety-cruise
TINJAUAN YURIDIS RENCANA PEMBANGUNAN PEMBANGKIT LISTRIK TENAGA NUKLIR DI INDONESIA BERDASARKAN NUCLEAR SAFETY CONVENTION TAHUN 1994 DIKAITKAN DENGAN ASAS PEMBANGUNAN BERKELANJUTAN M. Sobirin Hafiz Ar-Rizqi; Zulfikar Jayakusuma; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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Utilization of Nuclear Energy is inseparable from a strict regulation and variousstandards that must be met and must pay attention to various environmental impacts that mayoccur. The purpose of writing this thesis is to determine the Implementation of Nuclear SafetyConvent ion 1994 in Indonesia is associated with the development plan of a Nuclear PowerPlant, as well as knowing whether the plan for the Development of a Nuclear Power Plant inIndonesia supports Sustainable DevelopmentThe type of conducted research is normative-juridical research by examining problems interms of applicable principles of international law, by first identifying the legal principles thathave been formulated in the source international law. In this study, the data sources used weresecondary data with primary, secondary, and tertiary legal materials that carried out by means oflibrary research.From the results of the study, it was found that the development of nuclear energyregulation confirms the existence of legal protection in general which is regulated in previouslegal provisions and regulates legal protection specifically at this time. And the environmentalimpacts that may arise from the use of nuclear power can be very dangerous and threaten thesafety of human life. If the nuclear power is used as a nuclear reactor or nuclear weapon, then inthe event of a leak or accident it will cause radiation and environmental damage which hasdirect and indirect effects on humans and the environment, and the effects of radiation can onlybe seen after decades. after the accident..Keywords: Nuclear Energy - Environmental Law- Sustainable Development
EFEKTIVITAS PERATURAN WALIKOTA PEKANBARU NOMOR 104 TAHUN 2020 TENTANG PEDOMAN PERILAKU HIDUP BARU MASYARAKAT PRODUKTIF DAN AMAN DALAM PENCEGAHAN CORONA VIRUS DISEASE 2019 (COVID-19) DI KOTA PEKANBARU (STUDI KASUS PASAR BAWAH PEKANBARU) Olifia Nobel Asyraf; Gusliana HB; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The Mayor of Pekanbaru issued Pekanbaru Mayor Regulation Number 104 of 2020concerning Guidelines for New Life Behavior for Productive and Safe Communities in thePrevention and Control of Corona Virus Disease 2019 (COVID-19) in Pekanbaru City.However, its implementation is still not effective. The formulation of the problem in thisresearch are (1) Is this Perwako effective; (2) What are the obstacles that make this Perwakoineffective; and (3) What efforts can be made to make this Perwako effective. The purpose ofthis research is to find out the effectiveness, obstacles and efforts so that Perwako PekanbaruNumber 104 of 2020 concerning Guidelines for New Life Behavior for Productive and SafeCommunities in the Prevention and Control of COVID-19 in Pekanbaru City (Case Study ofPasar Bawah Pekanbaru) is effective.The type of research used in this research is sociological law research. Thepopulation in this study are (1) the Head of Complaints, Policy, and Licensing Services for theInvestment and One Stop Service Office; (2) Deputy Coordinator of the COVID-19 Task ForceSecretariat; (3) Head of the Operations and Public Order Division of the Civil Service PoliceUnit; (4) Bottom Market Manager; (5) Lower Market Visitors; and (6) Lower Market Traders,with a total sample of 44 people. Research location in Pasar Bawah Pekanbaru. Datacollection techniques using observation, interviews, questionnaires and literature, withquantitative data analysis techniques.From the results of the study it was concluded that (1) Perwako Pekanbaru Number104 of 2020 concerning Guidelines for New Life Behavior for Productive and SafeCommunities in the Prevention and Control of COVID-19 in Pekanbaru City (Case Study ofPasar Bawah Pekanbaru) has not been effective; (2) The obstacles that caused theineffectiveness of Perwako Pekanbaru Number 104 of 2020 concerning Guidelines for NewLife Behavior for Productive and Safe Communities in the Prevention and Control of COVID-19 in Pekanbaru City (Case Study of Pekanbaru Bottom Market), namely, as follows: (a) Lackof participation of business actors in providing facilities that support health protocols; (b) Thelegal culture of the community (managers, traders, and visitors) that violates the Perwako;and (c) Compassion on the part of the legal apparatus in imposing fines; (3) Efforts weremade to overcome the violation of Perwako Pekanbaru Number 104 of 2020 concerningGuidelines for New Life Behavior for Productive and Safe Communities in the Prevention andControl of COVID-19 in Pekanbaru City (Case Study of Pasar Bawah Pekanbaru), namely, asfollows: (1 ) Business actors must provide facilities to support health protocols; (2)JOM Fakultas Hukum Universitas Riau Volume IX No. 2 Juli – Desember 2022 Page 2Socialization of Perwako to the public and educating the public about health protocols. Suchas: washing hands properly, how to wear a good mask, and so on; (3) Taking firm actionagainst business actors who violate health protocols.Keywords: Pasar Bawah, COVID-19, Health Protocol

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