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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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PELAKSANAAN PERATURAN DAERAH KOTA PEKANBARU NOMOR 13 TAHUN 2018 TENTANG PENEMPATAN TENAGA KERJA LOKAL DI KOTA PEKANBARU WULAN SEPTIANI; Gusliana HB; Dessy Artina
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

This research was conducted at the Pekanbaru City ManpowerOffice. The problem in this research is how to implement RegionalRegulation Number 13 of 2018 concerning the Placement of LocalWorkers in Pekanbaru City, what are the inhibiting factors and what effortscan be made by the Manpower Office in the future. Data collectiontechniques in this study were conducted by interview method which wasconducted to research subjects by taking the Coordinator for DomesticPlacements and Foreign Workers as Key Informants, the types andsources of this research were primary data and secondary data. Thisresearch is in the form of qualitative analysis using analytical techniquesby describing and presenting theories that are in accordance with theexisting problems in the study This research consists of one variable, namely the implementation of Regional Regulation Number 13 of 2018concerning the Placement of Local Workers in Pekanbaru City by usingthree indicators. as a benchmark, namely mandatory reporting, Job SeekerRegistration and Supervision, research results obtained that theImplementation of Regional Regulation Number 13 of 2018 concerning thePlacement of Local Workers in Pekanbaru City has not been implementedproperly. There are still many companies that do not report any jobvacancies in their company to the Pekanbaru City Manpower Office. Thenin terms of providing guidance and supervision of job seekers, it has beenimplemented but has not been maximized, this is due to the lack of budget, lack of socialization guidance and limited resources. The power of theapparatus and the lack of Company Awareness are the inhibiting factorsfor the implementation of Regional Regulation Number 13 of 2018concerning the Placement of Local Workers in Pekanbaru City. For thisreason, it is hoped that the Pekanbaru City Manpower Office will alwayscarry out regular outreach developments to companies, carry outsanctions strictly in accordance with existing rules without exception andmaintain good cooperative relationships with companies in the city ofPekanbaru. Keywords :Implementation of regional regulation number 13 of 2018concerning the placement of local workers in the city of Pekanbaru
IMPLEMENTASI PERIZINAN USAHA SARANG BURUNG WALET DI KELURAHAN TANJUNG KAPAL KECAMATAN RUPAT KABUPATEN BENGKALIS BERDASARKAN PERATURAN DAERAH KABUPATEN BENGKALIS NOMOR 7 TAHUN 2006 TENTANG PENGELOLAAN DAN PENGUSAHAAN SARANG BURUNG WALET Angryani Br. Hombing; Dessy Artina; 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

This study discusses the implementation of swallow nest business licensing inTanjung Kapal Village, Rupat District, Bengkalis Regency in the perspective ofBengkalis Regency Regulation Number 7 of 2006 concerning Swallow's NestManagement and Concession. Article 8 paragraph 1 states that every person or entitythat will or has carried out a business in managing and operating a swallow's nest orexpanding its business must obtain a permit from the Regional Head in accordance withthe established procedure. The researcher took it t Rupat, Tanjung Kapal, becausethere are so many swallow nest businesses that do not make permits and even buildtheir buildings at a distance that is not in accordance with Regional Regulations andthe number of swallow nest business buildings increases every year. However, afterbeing ratified, the Regional Regulation has not been implemented properly.Sociological legal research uses primary data and secondary data, while the populationand sample are parties related to the problem studied by the authors carefullysupervised by the Bengkalis Regency Environmental Service, Horticultural Food Cropsand Livestock Service Office of Bengkalis Regency, and Regional Revenue TechnicalImplementation Unit (UPT).From the results of this study, the authors conclude that the role of the RegionalGovernment and related agencies above in carrying out supervision is carried out bythe Horticultural Food Crops and Livestock Service Office of Bengkalis Regency andthe Bengkalis Regency Environmental Service.Barriers to the implementation of management and exploitation of swallow's nestsrelated to permits are due to the lack of supervision and socialization of theintroduction of the Bengkalis Regency Regional Regulation No. 7 of 2006 Regarding th emanagement and exploitation of swallow's nests, no entrepreneur has come to apply fora swallow's nest permit and supervision does not work. because there are no complaintsfrom the community in Tanjung Kapal Village, Rupat District, Bengkalis Regencyagainst swallow nest entrepreneurs.Keywords: Licensing-Management and Concession of Swallow's Nest
URGENSI NEGARA INDONESIA MERATIFIKASI ICRW (THE INTERNATIONAL CONVENTION FOR THE REGULATION OF WHALING) UNTUK MELEGALKAN PERBURUAN PAUS SECARA ADAT (ABORIGINAL SUBSISTENCE HUNTING) DI INDONESIA (STUDI TENTANG PERBURUAN PAUS YANG DILINDUNGI DI DESA LAMALERA) Socha Salsabila Riyadi; Maria Maya Lestari; 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

Indonesia has a well-known tradition of hunting whales in Lamalera Village, LembataIsland, East Nusa Tenggara, which has been carried out for hundreds of years for food needs.However, unlike countries where people also hunt lagoons, Indonesia does not have regulationsgoverning traditional hunting. In fact, Indonesia does not yet have regulations that provide adefinition of what traditional hunting is, either legally or customary law, and whether traditionalhunters may catch protected species.The type of research conducted can be classified as normative-juridical research wherethis research is more specific on the importance of the Indonesian state to ratify the InternationalWhaling Commission and the legal systematics of regional conventions and rules. The authoralso uses the principle of Free Prior and Informed Consent to ensure that the law and the rightsof indigenous and tribal peoples are guaranteed and respected.From the results of the research it was found that, first, there is no regulation regardingcustomary hunting in Indonesia so that the status of whaling carried out by the Lamalera peopleis still illegal. According to state law, Indonesia has not ratified the International WhalingConvention, which makes customary hunting status not recognized in international law.Keywords: Whaling, Aboriginal Subsistence Hunting, Indigenous People, EnvironmentalLaw, Urgency
IMPLEMENTASI PERATURAN PRESIDEN NOMOR 64 TAHUN 2020 PERUBAHAN ATAS PERATURAN PRESIDEN NOMOR 82 TAHUN 2018 TENTANG JAMINAN KESEHATAN TERAKIT IURAN BADAN PENYELENGGARA JAMINAN SOSIAL DI KOTA PEKANBARU Ayu Tri Wulandari; Gusliana HB; 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

Article 29 of Presidential Regulation Number 64 of 2020 has alsobeen stipulated regarding the increase in BPJS Health contributions and theentry into force of the increase. As a result of the ongoing Covid-19 pandemicand, economic conditions have destroyed the national economy and reducedthe level of community welfare. The problem in this research is How is theImplementation of Presidential Regulation Number 64 of 2020 concerningHealth Insurance Related to the Increase in BPJS Contributions inPekanbaru City and What are the inhibiting factors in the implementation ofPresidential Regulation Number 64 of 2020 concerning Health InsuranceRelated to Increase in BPJS Contributions in Pekanbaru City: What are thecountermeasures in implementing Presidential Regulation Number 64 of2020 concerning Health Insurance Related to Increase in BPJS Contributionsin Pekanbaru City.And the results of this research can be concluded that PresidentialRegulation Number 64 of 2020 concerning Health Insurance Related to theIncrease in BPJS Contributions in Pekanbaru City has not been implementedproperly; The inhibiting factor in the implementation of presidentialregulation number 64 of 2020 concerning health insurance is related to thisincrease in contributions, namely causing an impact on BPJS Healthparticipants where the impact is on BPJS Health participants who arereluctant to pay BPJS Health contributions; Efforts have been made toimprove the provide services quickly which participants themselves can nowqueue online, namely without queuing for BPJS Health participants can do awebsite that has been provided by BPJS Health, BPJS Health participantsthemselves can participating in a break program in which BPJS Healthparticipants who are in arrears in making BPJS Health contributions canprovide valuables as collateral until the payment of the arrears is paid off.Keywords: Implementation, BPJS, Health
PERLINDUNGAN HUKUM TERHADAP TENAGA KERJA PEREMPUAN DI BANK SYARIAH INDONESIA KANTOR CABANG PEMBANTU AHMAD YANI PEKANBARU Putri Maharany Ayu Hasibuan; Maria Maya Lestari; 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

Protection of labor is a form of government interference in the field oflabor aimed at realizing a fair labor. The Manpower Law became a legalumbrella for the protection of labor, even more so for female labor. Consideringthat there is a uniqueness possessed by women both in terms of physical, psychic,and biological, so that more special protection is given. Special protections areprovided to the female workforce such as menstrual leave, maternity andmaternity leave, and the right to breastfeed children. Legal protection of women'slabor rights becomes an obligation for employers to do so. But in itsimplementation, the legal protection that should be provided by entrepreneurs isstill not carried out perfectly, due to the presence of several obstacles forentrepreneurs. In this thesis, the researcher tried to examine how theimplementation of legal protection for female workers at Bank Syariah IndonesiaKCP Ahmad Yani Pekanbaru and addressed what obstacles the companyexperienced to provide full legal protection. The purpose of writing this thesis isto find out how the implementation of the provision of legal protection for femaleworkers funds pa obstacles faced by companies to carry it out.The research method used in this thesis is the sociological legal researchmethod. This research is descriptive, that is, it defines and describessystematically, the facts and characteristics of objects that are preciselycontextualized. The data sources used are primary, secondary, and tertiary datasources. The data collection technique used in the study in this study was to usethe interview method and literature study.Based on the results of the study, there are special rights of women's laborthat have not been fully realized by the company, where there are obstaclesstemming from internal company factors in providing legal protection guaranteesfor female workers.Keywords : Legal Protection, Women's Labor Rights, Company Obligations
EFEKTIVITAS PERSIDANGAN ONLINE DI TENGAH PANDEMI DI PENGADILAN NEGERI PEKANBARU DALAM HUKUM ACARA PIDANA Romadansyah Romadansyah; Evi Deliana; Erdiansyah Erdiansyah
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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Online trial is not a new breakthrough in the world of Indonesian law. The presence ofan online trial mechanism is currently in the background with the arrival of a 2019 coronavirus pandemic. The implementation of an online trial via teleconference is seen as in linewith government policies to carry out social distancing and physical distancing, in order tosuppress the pace of development of the Covid-19 pandemic. However, the implementation ofonline trials which were carried out simultaneously in all district courts in various placeswithout conducting any testing caused various problems. The purpose of writing this thesis isto find out the effectiveness of online trials in the midst of a pandemic at the PekanbaruDistrict Court in criminal procedural law, and what obstacles were encountered in onlinetrials in the midst of a pandemic at the Pekanbaru District Court in criminal procedural law.This research is classified in the type of sociological legal research which is engaged inthe field of legal reality, on the das sein aspect of law. Sources of data are primary data andsecondary data consisting of primary legal materials, secondary legal materials and tertiarylegal materials. Data collection techniques in this study were observation, interviews, andliterature study.The results that can be obtained from the results of this study are that in theimplementation of the online trial there are various obstacles that hinder the effectiveness ofthe online trial, impacting the rights of the suspect/defendant who are harmed. Online trial isan option to continue to provide justice in the midst of a pandemic, on the other hand justiceis not obtained by the suspect/defendant whose rights have been harmed. The obstaclesencountered in the online trial are in the form of an unstable network, inadequateinfrastructure. In addition, in the implementation of the online trial there are also actions thatharm the rights of the suspect/defendant.Key Words: Criminal Procedural Law- Online Trial- Pandemic
TANGGUNG JAWAB PT. MANDEVILLA TERHADAP KERUGIAN PEMBELIAN RUMAH DI PERUMAHAN PESONA HARAPAN INDAH KOTA PEKANBARU Wira Tri Ananda Manalu; Maryati Bachtiar; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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Abstract

The current position of housing consumers is weak compared to developers as business actors, oftendevelopers commit fraudulent practices to increase their business profits, from the incompatibility of brochureswith housing conditions, low quality of buildings, unavailability of adequate facilities and infrastructure, to lackof housing maintenance. which causes repeated flooding. This happened to the Perumahan Pesona HarapanIndah in Pekanbaru , the housing located on Cengkeh Street, Bukit Raya District experienced repeated floodingevery rainy season. Whereas in Law No. 1 of 2011 concerning Housing and Settlement Areas it is stated that itis forbidden for housing operators to build housing in locations that have the potential to pose a danger to people,thus creating an obligation for PT. Mandevilla as the Developer to provide compensation as stipulated in Article19 of Law No. 8 of 1999 concerning Consumer Protection. The purpose of writing this thesis, namely: First, toknow the responsibilities of PT. Mandevilla as a business actor for the loss of buying a house at PerumahanPesona Harapan Indah Pekanbaru, Second, knows the form of compensation for PT. Mandevilla for the loss ofconsumers of beautiful housing in Pekanbaru.This type of research can be classified in the type of Sociological research because in this study the authordirectly conducts research at the location or place under study in order to provide a complete and clear pictureof the problem being studied. This research is sourced from primary data, secondary data and tertiary data, whilethe population and sample are consumers who buy houses at Perumahan Pesona Harapan Indah and PT.Mandevilla as housing developers.The results of this study indicate, First, the application of the provisions for the acceleration of settlementof The results showed that there are 2 problems that can be concluded. First, the selection of flood-pronelocations and the unavailability of adequate facilities, facilities and infrastructure are factors that determine thatthe Perumahan Pesona Harapan Indah is a product with hidden defects, this results in the loss of security andcomfort for residents of housing in consuming the house as a product, so that PT. Mandevilla is obliged to carryout accountability by providing compensation and/or compensation as stipulated in Article 1365 of the CivilCode and Article 19 of Law No. 8 of 1999 concerning Consumer Protection. Second, PT. Mandevilla has notprovided compensation and/or compensation for the production error of the Perumahan Pesona Harapan Indahas its responsibility as a business actor for causing material and immaterial losses to housing residents. Author'sSuggestion, PT. Mandevilla should provide compensation and/or compensation as a liability for losses that befellthe residents of housing. Second, it is better if a clause for guaranteeing the condition of the house is included inthe sale and purchase agreement so that consumers have a strong basis in demanding accountability.Keywords : Developer – Unlawful Acts – Compensation
PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL PEKERJA HARIAN LEPAS PT.SAMHANA INDAH AKIBAT PEMUTUSAN HUBUNGAN KERJA MELALUI MEDIASI PADA DINAS TENAGA KERJA DAN TRANSMIGRASI PROVINSI RIAU Wilton Amos Panggabean; Maryati Bachtiar; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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Abstract

The Daily laborers that worked at Samhana Indah Ltd, Pekanbaru branch, fromthe first time worked hasn’t the employment contract and this situation very posible tomake the industrial relations disputes. The main problem in this research is how toimplemented the working time for the laborers who work more than 20 days in amonth. This contrary to the article 10 Of Indonesian Government Regulation number25 of 2021 about the temporary contract, outsource, break time and the worktermination. Based on regulation the laborers can not work more than 20 days in amonth and if it still continued in 3 months they should become the parmanent workersby law. Because of the work terminnation, the researcher interested and purpose toget to know the solution of the industrial relations disputes between the two partiesand to get to know what are the obstacles while in the mediation process at the RiauProvince Manpower and Transmigration Office.This research can be classified in juridical research, in another term issociological because the researcher was directly conduct on location in order toprovide a complete and clear picture of this research. This research used thedescriptive qualitative method with primary data sources, secondary sources andtertiary sources while the population and sample are the laboures of Samhana IndahLtd, Pekanbaru branch, Riau Province Manpoer and Transmigration Office andIndonesian Legal Aid Foundation – Pekanbaru Legal Aid Institution (YLBHI-LBHPekanbaru). And the Data collection techniuqes are interviews and literature study.The research result show that the solution of industrial relations disputesbetween Samhana Indah Ltd, Pekanbaru branch and the laborers doe to thetermination of laborers are the first effort was resolve in bipartite manner. Next, bymediation to achieve the win-win solution between Samhana Indah Ltd, Pekanbarubranch and the laborers at the Riau Province Manpower and Transmigration Office,but the mediation process didn’t free from the internal laborers’s obstacles and fromthe external. The obstacles from the internal is the laborers still legally blind, meanslack of understanding of their rights and lack of the coordination. And the otherobstacle is lack of facilities and infrastructure while in the mediation process and theboth parties’s ego that unconciously didn’t want to solve the problems by family way.Keywords: Industrial Relations Dispute Resolution – Daily laborers - Mediation
ANALISIS HUKUM YURISDIKSI INTERNATIONAL CRIMINAL COURT PADA PRE-TRIAL CHAMBER TERHADAP KEDAULATAN NEGARA DALAM IMPLEMENTASI KEBIJAKAN WAR ON DRUGS DI FILIPINA Atikah Muna; Evi Deliana; Zulfikar Jayakusuma
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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The International Criminal Court is an international criminal tribunalthat has jurisdiction over serious crimes under the Rome Statute. In 2021, theICC Pre-Trial Chamber issued a decision related to the implementation of theWar on Drugs policy in the Philippines. This policy against drugs was bornunder the leadership of President Duterte. However, the implementation of thepolicy was not in accordance with applicable regulations and resulted inthousands of people losing their lives.This type of research is normative legal research using the legalprinciples of universal jurisdiction and complementarity. This research isprocessing data using descriptive methods based on data collected throughliterature studies and literature review.The results of this research, the implementation of ICC jurisdictionbased on universal jurisdiction and the concept of admissibility has a reasonablebasis to be implemented against the Philippines in the case of theimplementation of the War on Drugs. In exercising its jurisdiction, the ICC usesthe principle of complementarity with regard to the Philippines' unwillingnessto carry out the national judicial process.Keywords: ICC-Philippine-War on Drugs-Crimes Against Humanity-Complementarity
PENEGAKAN HUKUM TERHADAP PENYALAHGUNAAN DATA PRIBADI DI INDONESIA Anisa Hijrani; Zulfikar Jayakusuma; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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Abstract

As a form of innovation, information technology is now capable of collecting,storing, sharing and analyzing data. These activities have resulted in various sectors of lifeutilizing information technology systems. Data privacy issues are something that arises whenpersonal data is given to people who are not responsible for committing crimes of misuse ofpersonal data. Privacy is a fundamental human right. Privacy is difficult to define in auniversal sense. Although privacy is difficult to define, the term privacy is used in a broadsense related to the protection of personal data. Thus, it is necessary to increase efforts andefforts to overcome these problems by the police, especially the Riau Regional Police.The purpose of writing this thesis, namely: First, Knowing the law enforcement on the misuseof personal data in Indonesia, Second What are the obstacles in regulating legal protectionagainst misuse of personal data, especially in the formulation of criminal sanctions. This typeof research is sociological legal research, namely research that wants to see the correlationbetween law and society, using interviews at the Riau Regional Police and also literaturestudies.Keywords : Law Enforcement - Misuse – Personal Data

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