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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
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Articles 2,579 Documents
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KAJIAN HUKUM TERHADAP PERLINDUNGAN KONSUMEN DALAM PENGGUNAAN PAYLATER TRAVELOKA Dinnur Lutfi; Rika Lestari; 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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PayLater is a form of P2P agreement which is a loan agreement from oneparty to another through a provider other than a bank, so there are other partiesinvolved in using the PayLater payment method. With the existence of otherparties, it is also possible to have various agreements in the use of the PayLatermethod, with the formation of an agreement between the parties, it can also beseen that the parties have an obligation to fulfill the achievements of other parties.In this case, the parties mentioned are consumers who also use PayLater on theirTraveloka account. So it can be said that the legal relationship that arisesbetween PayLater and consumers is when consumers use the payment methodowned by PayLater.This type of research can be classified in the type of normative legalresearch, which discloses laws and regulations relating to legal theories that arethe object of research. The approach taken is using a qualitative analysisapproach by searching for data in books, journals and other scientific worksrelated to this research. The data sources used are primary and secondary legalmaterials.The conclusions that can be drawn from the results of the research are:First, the regulation regarding the practice of using paylaters based on theprevailing laws and regulations in Indonesia is regulated in: Law Number 11 of2008 concerning Information and Electronic Transactions and PBI Number16/8/PBI/2014 concerning Amendment to Bank Indonesia Regulation Number11/12/PBI/2009 concerning Electronic Money (paylater position as electronicmoney or as a transaction tool at Traveloka) Second, Traveloka's liability ifconsumers are harmed by using paylaters, namely Traveloka is responsible forproviding protection to consumers, as regulated in the provisions of article 4 jo.Article 62 of Law Number 8 of 1999 concerning Consumer Protection and POJKNumber 1/POJK.07/2013 concerning Consumer Protection of the FinancialServices Sector.Keywords: Consumer Protection, PayLater, Traveloka, Legal Responsibility,Consumers.
IMPLEMENTASI PERLINDUNGAN HUKUM TERHADAP SANTRI KORBAN KEKERASAN DI PONDOK PESANTREN KECAMATAN TAMBANG KABUPATEN KAMPAR Muhammad Siddiq; Davit Rahmadan; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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Abstract

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TINJAUAN TENTANG PERJANJIAN JUAL BELI RUMAH DENGAN AKAD MUSYARAQAH MUTANAQISHAH MENURUT UNDANG–UNDANG NO 21 TAHUN 2008 TENTANG PERBANKAN SYARIAH (Studi Pada Bank BTN Syariah Cabang Pekanbaru) Luthfi Rabbani; Firdaus Firdaus; Meriza Elfa Darnia
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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Bank BTN Syariah Pekanbaru Branch as a PT engaged in banking offersSharia mortgage services with the help of subsidies from the government to begiven to people with certain incomes. In its implementation, Bank BTN SyariahPekanbaru Branch first buys the house that the customer wants and then sells itback to the customer using the Musyaraqah Mutanaqishah contract. The purposeof writing this thesis: First, to find out how the implementation of Islamicmortgage financing carried out by PT. Bank BTN Syariah Pekanbaru Branch.Second, what efforts must be made so that the agreement between Bank BTNSyariah Pekanbaru Branch and customers is in accordance with shariaprinciples?The type of research used in this legal research is sociological legalresearch. Where, the research location coincides in the city of Pekanbaru.Analysis of the data used is the author analyzes the data qualitatively. In drawingconclusions the author uses the method of deductive thinking.The results of the study show that the Sharia KPR agreements entered intobetween Bank BTN Syariah Pekanbaru Branch and the customer use theMusyaraqah Mutanaqishah Agreement, but in terms of implementation thiscontract is not appropriate for use in providing Sharia KPR services tocustomers. This is because the bank has first purchased the object to be tradedand then resold it to the customer, with a scheme like this the contract that shouldbe used is aka murabahah. Efforts must be made so that agreements betweenBank BTN Syariah Pekanbaru Branch and customers are in accordance withsyriac principles, namely by ensuring that the contracts used are in line withIslamic law and maximizing the role of DPS in supervising and guaranteeing theimplementation of Sharia Banking operations in accordance with the principlesand values in law Islam.Keywords: Sale and Purchase Agreement – Akad – Sharia Principle
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PEREDARAN NARKOTIKA DI KAMPUNG DALAM KECAMATAN SENAPELAN KOTA PEKANBARU Devi Angriyani; Erdianto Effendi; Syaifullah Yophi Ardiyanto
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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In general, narcotics can be said as substances or drugs, both natural,synthetic, and semi-synthetic which cause a decrease in consciousness,hallucinations, and arousal. The special sanctions in the Narcotics Law are anumber of criminal sanctions for those who become intermediaries in buying andselling transactions can immediately be said to be intermediaries in the NarcoticsCirculation. Research on narcotics abuse at the Senapelan District Police,Kampung Dalam Pekanbaru City aims to find out law enforcement againstnarcotics trafficking crimes, obstacles and efforts in dealing with narcotics abuse.This type of research can be classified in the type of sociological research,because in this study the author directly conducts research at the location orplace under study in order to provide a complete and clear picture of the problembeing studied. This research was conducted at the Resort Police of SenapelanDistrict, Pekanbaru City, while the population and sample are all parties relatedto the problems studied in this study, the data sources used, primary data, andsecondary data, and tertiary data, data collection techniques in this study byobservation and interviews.From the results of the study as follows: law enforcement againstnarcotics abuse in Kampung Dalam Kota Pekanbaru based on investigations andraids that have been carried out for places in Kampung Dalam that have beenproven to have committed violations, especially in the distribution of Narcotics,the place is sealed and strict action is taken in accordance with the provisionsregulations, and obstacles in law enforcement against Narcotics Abuse inKampung Dalam Pekanbaru City are the lack of supervision from the governmentto monitor activities carried out by the people of Senapelan Subdistrict, KampungDalam, so that there are still many places that are not supervised, lack ofawareness and community participation so that the police as if working alonerevealed the use of Narcotics, and the lack of personnel in an effort to curbviolations.Keywords: Narcotics, Police, Narcotics Abuse, Investigation, Investigation.
ANALISIS YURIDIS TERHADAP PERJANJIAN PEMBIAYAAN PT. TOYOTA ASTRA FINANCIAL SERVICES BERDASARKAN SYARAT SAH PERJANJIAN Ahmad Fajar Siddiq; Firdaus Firdaus; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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Abstract

Contracts in their history can be found in legal documents that developed during the Romanempire. In the early days of contract growth, contracts were ritualistic. The development ofthe business world in the field of agreements has found many problems. One of them is theexistence of a clause in the agreement that is contrary to the law. In addition to includingthe interests of their respective causes, they must also pay attention to the existing legalprinciples and the rights and obligations of the parties. Article 1320 of the Civil Code statesthat for the validity of agreements, namely agreements, skills, certain things and lawfulcauses. For a lawful reason, it is forbidden if it contradicts the law, decency, and publicorder.This research is a normative research with the approach of legal principles supportedby primary data in the form of an agreement. It is also called Doctrinal research which isbased on the literature by taking quotations from the literature that is related to the problemto be studied. Thus, this research uses secondary data sources consisting of primary,secondary, and tertiary legal materials. This research also uses qualitative data analysis andproduces descriptive results.From the results of the discussion and research conducted, it is clear that thefinancing agreement at PT. Toyota Astra Financial Service does not comply with the legalterms of an agreement, namely (halal cause). The existence of rights and obligations is notexpressly stated in the agreement, but arises outside the agreement, namely in theattachment. However, the attachment does not explain the limitations of the attachment andthe clarity of the Withdrawal Power of Attorney as an attachment is not clearly explained.The result is that there are different meanings in the agreement or multiple interpretations ofthe agreement. Therefore, the clause in clause 5 does not fulfill the elements and conditionsas specified in Article 1320 of the Criminal Code (halal cause) explicitly (null and void).Thus, the efforts that must be made by PT. Toyota Astra Financial Service to the Debtor tocomply with the law, namely by the Creditor explaining the material facts regarding therights and obligations, the limitations of the rights of the parties as well as the clarity ofattachments and whether there are clauses containing legal defects.Keywords: Agremeent – legal terms of agreement – legal remedies
PENGGUNAAN SAKO DALAM SUKU MANDAILIANG OLEH KETURUNAN YANG TIDAK BERHAK DI KAMPUANG GADANG CUBADAK RANDAH NAGARI TANJUANG BONAI KABUPATEN TANAH DATAR Yuli Maharani; Zulfikar Jayakusuma; Ulfia Hasanah
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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Customary law is an unwritten law recognized in the Constitution. One of the Minangkabauindigenous people groups who still adhere to their customs and practice their customary law isthe Tanjung Bonai indigenous Kenagarian community. In the Tanjung Bonai indigenouscommunity, it is known as the inheritance of the title of prince or an intangible inheritance,which in the Tanjung Bonai Kenagarian indigenous community is known as sako which is stillthickly passed down from generation to generation. However, in reality the problem regardingthe inheritance of the sako title has created a conflict between the descendants of Dt.Domo andMuslims. Where Muslims are actually immigrants who claim to be mamak to the Dt.Domo andclaim that the Dt.Domo have become extinct.The type of research used in this study is sociological juridical, so in this study the authorscollected data through interviews. This research was conducted in Nagari Tanjung Bonai, TanahDatar District. While the entire population and sample of parties related to the problems studiedin this study, the data sources used are primary data, secondary data and tertiary data.From the research problem there are two main things that can be concluded, first, thefactors causing the use of sako in the Mandailing tribe by illegitimate descendants in KampungGadang Cubadak Randah Nagari Tanjung Bonai Tanah Datar Regency are roads in AliahUrang Paladang, Cupak in Aliah Urang Panggaleh, Karambiah indak tumbua di mato, Alahlime deck binalu. Second, the customary settlement for the use of sako in the Mandailing tribe byillegitimate descendants in Gadang Cubadak Randah Nagari Tanjung Bonai Village, TanahDatar Regency is based on the concept of "Bajanjang naiak Batanggo Bawah" meaning thatevery dispute needs to be resolved through the lowest level process first. And the results ofdeliberations or the results of dispute resolution by ninik mamak or people who are elders in thecustom are expected to be obeyed by the disputing parties and resolved in a non-litigationmanner, namely through mediation, which is defined as the process of participating a third partyin resolving a dispute as an advisor. Suggestions from the results of this study are. First, it ishoped that the Karapatan Adat Nagari will be more active in making rules for inheriting sako, aswell as the existing princes can socialize how adat regulates this inheritance so that there will beno more misunderstandings in this inheritance. Second, it is hoped for the Nagari Tanjungcustomary community Bonai to revive the prevailing customs so that they can be passed on to thenext generation.Keywords: Sako, Tribe, Descendants
KEBIJAKAN KRIMINALISASI TERHADAP APARAT PENEGAK HUKUM YANG TIDAK MENERAPKAN ASAS PRADUGA TAK BERSALAH DALAM SISTEM PERADILAN PIDANA Mohamad Ikrom; Mukhlis R; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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Code of Criminal Procedure Code Law Act 8 of 1981 on the Code of CriminalProcedure Code, is actually one of the formal rules for the law officers to give suspects rightsas civilized human beings in dealing with criminal law. However, the data shows that theoccurrence of violations of the presumption of innocence during the process of finding evidenceis a very high case as the top of the iceberg. Therefore, as an effort to overcome violence andviolations of the presumption of innocence in the investigation process and the importance ofcreating a paradigm new law, in order to change the public's perspective on the lack of trustin law enforcement officers. When a suspect is determined, it is necessary to carry out the ideaof a criminal sanction law as regulated in Article 18 of Law Act 9 of 1999 on the Press topresent a law that is more appropriate in responding to modernization needs.This research is normative legal research supported by secondary data, carried out bymaking library materials the main focus. Also called doctrinal legal research, namely legalresearch that uses data based on library research by taking quotes from reading books, orsupporting books that have something to do with the problem to be studied. Thus, this studyuses 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 discussion and research conducted, there are severalconclusions obtained, namely: First, the imposition of sanctions on law enforcement officerswho do not apply the principle of the presumption of innocence is not regulated at all in theIndonesian positive legal system, only regulated by the application of the principle ofpresumption of innocence in Indonesia. Law Number 48 of 2008 concerning Judicial Power,so that cases of violation of the rights of suspects in the fact-finding process become normalfor the apparatus. Second, the increase in criminal sanctions in the form of imprisonment andfines is an idea that is formulated by taking into account the views of life, awareness and legalideals, as well as the philosophy of the Indonesian nation originating from Pancasila and thePreamble to the 1945 Constitution of the Republic of Indonesia.Keywords: Ideas – Criminal Sanctions – Presumption of Innocent
PENYIDIKAN TINDAK PIDANA PENGGELAPAN OBJEK FIDUSIA BERDASARKAN UNDANG-UNDANG NOMOR 42 TAHUN 1999 TENTANG JAMINAN FIDUSIA DI WILAYAH HUKUM POLRESTA PERKANBARU Rio Satria Harahap; Erdianto Effendi; Hengki Firmanda
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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Fiduciary guarantees are material guarantees for movable objects, bothtangible and intangible, in connection with accounts payable between debtors andcreditors. Fiduciary is used for movable and immovable objects. Fiduciary isborn because in practice there are things that are not recommended. So that thereis an action that violates the provisions in the fiduciary guarantee where thedebtor transfers or pawns objects that are still in credit status to another personwithout the knowledge of the first party who is providing the credit facility.This research is a sociological legal research, this research wasconducted at the Pekanbaru Police Office. While the population and sample arethe total number of objects to be studied that have the same characteristics andthe parties used as samples in a study. Sources of data used include primary,secondary, and tertiary materials. Data collection techniques in this study werecarried out by questionnaires, interviews, and literature studies.The results of this study indicate, first, the investigation of the crime ofembezzlement of fiduciary objects based on Law No. 42 of 1999 concerningFiduciary Guarantees in the Pekanbaru Police Legal Area. Second, Obstacles inthe Investigation of the Crime of Embezzlement of Fiduciary Objects Based onLaw Number 42 of 1999 concerning Fiduciary Guarantees in the Legal Territoryof the Pekanbaru Police.Keywords: Investigation, Embezzlement, Fiduciary.
PELAKSANAAN KEWENANGAN KEPALA DESA TERHADAP PEMBANGUNAN INFRASTRUKTUR JALAN DESA DALAM PERSPEKTIF OTONOMI DESA DI DESA SUKA DAMAI KECAMATAN RUPAT UTARA KABUPATEN BENGKALIS Ega Julianda Putri; Gusliana HB; Muhammad A. Rauf
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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Law Number 6 of 2014 concerning Villages, in Article 26 paragraph (1) states, "TheVillage Head is in charge of administering Village Government, implementing VillageDevelopment, Village community development, and Village community empowerment". TheVillage Law gains the position of the Village as the "spearhead of development" that is morecomprehensive and tangible by taking into account the principle of diversity, prioritizing theprinciples of village recognition and subsidiarity. Then Government Regulation Number 72 of2005 Article 7 letter b also provides an overview of the implementation of village autonomy in abroad, real, responsible manner, in which it is stated that government affairs are under theauthority of the Regency/City whose arrangements are handed over to the village. The programthat is of concern to the Suka Damai Village Government is the improvement of village roads asthe main means of transportation for the community. Based on this, this study aims to find outhow the implementation of the village head's authority on the development of village roadinfrastructure in the perspective of village autonomy in Suka Damai Village, Rupat UtaraDistrict, Bengkalis Regency.This thesis is a sociological legal research, that is, this research looks at theeffectiveness of the law on villages in implementing the authority of the Village Head in SukaDamai Village, Rupat Utara District, Bengkalis Regency. This study uses primary data sourcesand secondary data sources, also uses data collection techniques in this study are interviews, andliterature review, and concluded in a qualitative way.Based on the research conducted, the results and conclusions are obtained that theVillage Government continues to make improvements by utilizing simple materials producedfrom nature, such as forest wood. The Suka Damai Village Government, assisted by thecommunity, did not hesitate to repair the main axis road that was passed by the villagecommunity in their daily activities. However for maximum improvement, the Suka Damaivillage government is still waiting for budgetary funds from the center. As for the obstacles inthe implementation of the village head's authority on the development of village roadinfrastructure, namely the factors of limited budgets, the high need for village infrastructuredevelopment, and the lack of good communication between the government and tha community.Keywords: Village Head – Infrastructure Development - Village Autonomy
KEBIJAKAN NON PENAL DALAM PENANGGULANGAN TINDAK PIDANA PENCABULAN TERHADAP ANAK DI KABUPATEN ROKAN HULU Riyan Syahputra; Erdianto Effendi; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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Children are creatures of God Almighty who have human rights like other humanbeings, so that no human or other party can rob them of these rights. Problems related tochildren often occur in Indonesia, for example regarding sexual abuse of children, includingwithin the jurisdiction of the Rokan Hulu Police. This obscene case is one of the prominentcases handled by the Rokan Hulu Police. The purpose of writing this thesis, namely; First, tofind out the factors that cause the occurrence of the Crime of Obscenity against Children inRokan Hulu Regency, Second, to know the non-penal policy in overcoming the crime ofobscenity against children in the Rokan Hulu Police, Third, to know the obstacles to non-penal policies in overcoming the crime of obscenity. against the Rokan Hulu Police, Fourth,to know about law enforcement efforts to overcome the crime of sexual abuse of children inRokan Hulu Regency.This This type of research can be classified in the type of sociological juridicalresearch, because in this study the author directly conducts research on the location or placeunder study in order to provide a complete and clear picture of the problem under study. Thisresearch was conducted at the Rokan Hulu Police and Penitentiary Class II B PasirPangaraian, while the Population and Sample are all parties related to the problems studiedin this study, the data sources used, primary data, secondary data, and tertiary data. Datacollection techniques in this study are observation, questionnaires, interviews, and literaturestudy.From the results of the research problem, there are four main things that can beconcluded, First, the factors that cause the occurrence of the Crime of Obscenity againstchildren in Rokan Hulu Regency are low education and economic factors, environment andplace of residence, alcoholic beverages, technology, and the role of the victim, Second, non-penal policies in overcoming criminal acts of sexual abuse against children at the Rokan HuluPolice are repressive measures and social actions such as providing sex education to childrenand shaping the child's personality in the family as well as conducting counseling to parents andschools, religious education, continuous raids, cooperation with relevant agencies andappointing environmental supervisors, Third, non-penal policy barriers in overcoming criminalacts of sexual abuse against children in the Rokan Hulu Police are factors of law enforcementofficers, supporting facilities or facilities, society and culture, as well as obstacles in handling ncases in the form of summoning witnesses, candid statements of victims, perpetrators beingcomplicated in providing information, and families of victims still holding grudges, Fourth, lawenforcement efforts to overcome criminal acts of sexual abuse against children in Rokan HuluRegency are to provide legal protection guarantees.Keywords: Non Penal, Obscenity, Children

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