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INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Articles 2,579 Documents
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PELAKSANAAN TANGGUNG JAWAB SOSIAL PT. RIGUNAS AGRI UTAMA DALAM RANGKA PENINGKATAN MUTU PENDIDIKAN MASYARAKAT DI KECAMATAN PERANAP KABUPATEN INDRAGIRI HULU Nadia Fadiah Zendrato; Firdaus Firdaus; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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The implementation of corporate social responsibility is an obligation that must be carriedout by a company in carrying out its corporate activities. This is explicitly regulated in Article 47 ofLaw Number 40 of 2007 concerning Limited Liability Companies. This obligation is alsoreaffirmed geographically in the Regional Regulation of Riau Province Number 6 of 2012concerning Corporate Social Responsibility in Riau Province. PT Rigunas Agri Utama is acompany engaged in the plantation and processing of palm oil refineries. Located in Peranap sub-district, Indragiri Hulu Regency, PT Rigunas Agri Utama has been running CSR programs in theeducation sector through schools in the surrounding area. As for the legal issues are about variouskinds of CSR implementation efforts and the obstacles that often occur. The essence of theimplementation of CSR is not only in the presence or absence of CSR, but the continuity of theimplementation of CSR which continues to be carried out, especially in the field of education inorder to increase the nation's intelligence and improve the existence of the company. Therefore,this research departed on the basis of a desire to oversee every CSR implementation in theeducation sector by PT Rigunas Agri Utama. This is done, so that the CSR program is not carriedout as a mere formality without any improvement in the quality of the education sector. Especiallyin several schools in the surrounding area that still need assistance from the CSR program.This research is a sociological juridical legal research, namely a research approach thatemphasizes the legal aspects (laws and regulations) regarding the subject matter to be discussed,associated with the reality in the field. This study uses primary data sources consisting of primary,secondary, and tertiary legal materials.From the results of the research and discussion conducted, there are several conclusionsobtained, namely: First, the existence of CSR as a mandatory program for companies in the form ofPT Rigunas Agri Utama in Peranap sub-district has not been implemented properly. Weak intensityand continuity of CSR program implementation tend not to be implemented even temporarily. Thenormativity of CSR which should be used as a basic guideline that departs from the values of legalcompliance should make CSR a superior program that must be carried out regularly. Theimplementation of CSR in the field of education is also an embodiment of the company's role insupporting intelligence for the community as a state goal. Second, there are several obstacles inimplementing the CSR program, such as the COVID-19 pandemic and the lack of coordinationbetween the school and the PT Rigunas Agri Utama Company. Therefore, it is necessary to plan,implement and supervise the implementation of CSR well. Improved coordination is also neededfor the smooth distribution of CSR assistance such as infrastructure improvements, procurement ofsocial/volunteer activities, and also the provision of scholarships for outstanding andunderprivileged students.Keywords: CSR - Education – Legal Corporate
ANALISIS KEPATUHAN HUKUM PRESIDEN DAN DPR ATAS PUTUSAN MAHKAMAH KONSTITUSI DALAM PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN Sheyka Tsana’a Allifa; Emilda Firdaus; Zulwisman Zulwisman
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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The Constitutional Court is a judicial institution that exercises independentjudicial power to administer justice to uphold law and justice. After makingamendments to the Undang-Undang Dasar 1945, a Constitutional Court wasformed which was needed to balance the powers of the DPR and the President interms of making laws. One of the powers possessed by the Constitutional Court isto conduct a judicial review of the Undang-Undang Dasar 1945 Constitution orthe so-called Judicial Review. In this case, the Constitutional Court will examinethe petition for the existence of people's constitutional rights that have beenviolated, with a final and binding decision. However, in implementing itsdecisions, the Constitutional Court does not have a special apparatus to overseethe assurance that decisions are implemented by the addreesat institution, namelythe President and the DPR. This has resulted in many decisions that have not beenfollowed up, or the inappropriate follow-up by the President and the DPR.disobedience to the decision of the Constitutional Court is tantamount todisobedience to the Undang-Undang Dasar 1945 Constitution which is the sourceof the Constitutional Court in examining the law.This research will be structured using the type of normative juridicalresearch, namely research that is focused on examining the application of legalrules or norms to legal principles and theories. The data collection technique usedin this research is literature study. The approach used in this research is to use anormative approach, namely library law research.The results of the research conducted by the author are, first, theconditional decision issued by the Constitutional Court is intended for law-forming institutions to have a direction to follow up on the decision. With thisconditional decision does not need to be followed up. Second, Impeachment is away to limit the President in exercising his authority. Impeachment which is aform of responsibility of the President in carrying out legal provisions.Impeachment efforts can be used to strengthen the implementation of the follow-up to the decisions of the Constitutional Court which are presented in the AnnualSession of the MPR.Keyword : Noncompliance – Constitutional Court Decision – President andDPR
PENERAPAN SANKSI ADAT BAGI ORANG YANG BERZINA MENURUT HUKUM ADAT PADA MASYARAKAT TANAH BEKALI KECAMATAN PANGEAN KABUPATEN KUANTAN SINGINGI Rahmawan Mulya Sanah; Zulfikar Jayakusuma; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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Customary law is a living law because it embodies the real legal feelings of the people.According to Islamic law, adultery is any act or sexual intercourse (male genitals have enteredthe female genitalia) that are carried out outside of marriage. The application of customary lawagainst adulterers, especially in Tanah Bekali Village, Pangean District, Kuantan SingingiRegency. The main problems in this study are: first, what are the rules of adultery based on thecustomary law of the Tanah Bekali community, Pangean District, Kuantan Singingi Regency?Second, how is the settlement of adultery cases before carrying out a marriage in the village ofTanah Bekali, Pangean District, Kuantan Singingi Regency?This research is sociological legal research, namely research that is carried out directlyon the location or in the field to obtain data to provide a complete and clear picture of theproblem being studied, this research was conducted in Tanah Bekali Village, Pangean District,Kuantan Singingi Regency. The sample population is all parties related to the problems studiedin this study. The data sources used are primary data sources and secondary data. Datacollection techniques used, interviews and literature review.From the results of the study there are two main problems that can be concludedFirst, the Adat of Tanah Bekali Village, Pangean District, Kuantan Singingi Regency is anunwritten rule of life, customary sanctions or fines given to perpetrators of adultery accordingto customary law in Tanah Bekali village, namely Didoro or at 100 o'clock. sticks, married,ostracized from society, expelled from the village. Second, the problem of adultery in TanahBekali village is resolved with several levels of settlement that have been determined accordingto customary law in force in Tanah Bekali village, namely: family settlement or mamak soko,settlement by deliberation with Ninik Mamak and community leaders. To prevent the occurrenceof adultery, the ninik-mamak in Tanah Bekali village should be more active in guiding andteaching the applicable customary rules/stipulations, so that awareness and communitycompliance with customary rules will be created. It is better for the people of Tanah Bekalivillage to make village rules that prohibit teenagers or young people from carrying out activitiesuntil after 10 pm except for activities that are indeed held by the village or school, so that thingsdo not happen that are beyond our control and prevent damage to the younger generation..Keywords : Customary Law – Adultery – Customary Sanctions
ANALISIS URGENSI PEMERIKSAAN DIGITAL FORENSIK PADA PERSIDANGAN TINDAK PIDANA INFORMASI DAN TRANSAKSI ELEKTRONIK PERKARA MELANGGAR KESUSILAAN DAN RELEVANSINYA DENGAN PERTIMBANGAN HUKUM HAKIM DALAM MENJATUHKAN PUTUSAN Lutfi Akmal; Mukhlis R; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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In handling crime cases with the use of technology information oftenrequires forensics. Forensics is an activity for conduct investigations andestablish facts related to criminal incidents and other legal matters. Forensicanalysis is an important step in computer crime, especially when it comes tobringing it into court.The type of research used is normative juridical research. In this research,the researcher discusses the level of legal synchronization, which aims to revealthe extent to which certain laws are compatible vertically or horizontally.The conclusions that can be obtained from the results of the study areFirst, Digital Forensics Legal Arrangements in the Criminal Evidence System inIndonesia are not specifically regulated in laws and regulations. However, Article5 paragraph (1) of Law Number 11 of 2008 in conjunction with Law Number 19of 2016 concerning Information and Electronic Technology (ITE) contains a formof expansion of evidence outside Article 184 of the Criminal Procedure Code.Where in the law it is recognized that Electronic Information and/or ElectronicDocuments and/or their printouts are legal evidence. Where in article 5paragraph (2) of the Law on Information and Electronic Transactions it isclarified that the evidence referred to in paragraph (1) is an extension of legalevidence in accordance with the applicable procedural law. Second, the Role ofDigital Forensics in Information and Electronic Transaction (ITE) Crime Trialsin Cases Violating Morality and Its Relevance With Judges' Legal Considerationsin Making Decisions, namely in examining digital forensic evidence, applyingprinciples, it is important that the process takes place in accordance with the law.applicable and the basic principles can be applied properly. Digital ForensicClarification is also divided based on the physical.Keywords: Examination, Digital Forensics, Morality, Legal Consideration,Judge.
KRISIS SISTEM LEGISLASI INDONESIA MENURUT ETIKA DISKURSUS JURGEN HABERMAS Indra Lukman Siregar; Mexsasai Indra; Hengki Firmanda
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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The factual symptoms show that the fluctuating state of public trust and the sub-systemsof social life do not work in balance and harmony with what the public wants because the worldof people's lives is shrinking in the face of power and the power of the money system. Whenthe active participation of the people is removed from the decision-making arena and directlytaken over by the control of power, the people, who are in fact the holders of sovereignty, areonly justified in claiming decisions in the name of democracy. This phenomenon is clearly seenin the legislative process in Indonesia.We can never forget that, in the last 5 (five) years alone, there have been many "injuries"in the minds of the people due to haphazard and annoying legislative processes, for example,the Job Creation Law, the Revised KPK Law, the Revised General Election Law, the Revisionto the Regional Head Election Law, the Law on the Formation of Three New Provinces inPapua, the Revision to the State Financial Policy Law, the Law on Sexual Violence, the Lawon Community Organizations, the revision to the Constitutional Court Law, and many others.Departing from the description of the problem above, this must be radically reformed in orderto avoid the destruction of the Indonesian legislative system. So, it is necessary to conductresearch using a normative approach and analyze it qualitatively. The theoretical frameworkemploys Jurgen Habermas' theory of discourse ethics as an analytical tool for delivering writingon solutions to problems with conclusions that lead to legislation with a foundation in people'slegitimacy.Keyword: Discourse ethics, crisis, system, Indonesian legislation
KEWENANGAN DINAS PEKERJAAN UMUM DAN PENATAAN RUANG TERKAIT PRESERVASI JALAN DI KOTA PEKANBARU BERDASARKAN PERATURAN PERUNDANG - UNDANGAN Lukman Hakim; Dessy Artina; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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Article 24 paragraph (1) of Law Number 22 of 2009 concerning Road Trafficand Transportation explains that road operators must immediately and properlyrepair damaged roads that can lead to traffic accidents. However, it is still notimplemented, especially on roads in Pekanbaru City so that many peoplecomplain because there are still a lot of road damage. The research objectives ofthis thesis are; First, the Authority of the Public Works and Spatial PlanningOffice of Pekanbaru City, Third, the efforts of the Pekanbaru City Public Worksand Spatial Planning Service.This type of research can be classified in the type of sociological juridicalresearch, because in this study the author is directly at the location or place beingstudied in order to provide a complete and clear picture of the problem beingstudied. This research was conducted at the Pekanbaru City Public Works andSpatial Planning Office, Pekanbaru City Police Traffic Unit, and Pekanbaru CityRegional Representative Council Office, while the population and sample are allparties related to the problems studied in this study, the data sources used aredata primary and secondary data, the data collection method in this study wasinterviews and literature study.From the results of the research problem, there are three main things thatcan be concluded, First, the authority of the Public Works and Spatial PlanningService towards road preservation in Pekanbaru City, Second, the factors thatbecome obstacles faced by the Public Works and Spatial Planning Office relatedto road preservation in Pekanbaru City are limited budget, lack of humanresources, limited heavy equipment, limitations in managing natural resources,the need for community initiatives when seeing roads around their homes toimmediately report when there are damaged roads, Third, the efforts of the PublicWorks and Spatial Planning Department related to road preservation inPekanbaru City is submitting a budget in accordance with the previously agreedperformance plan, adding a fleet of heavy equipment, having solutions in utilizingnatural resources, the community needs to report damaged roads so that they canbe immediately recorded for repairs.Keywords: Authority – Accident – Road Preservation
KEBIJAKAN HUKUM PIDANA TERHADAP PELECEHAN SEKSUAL BERBASIS GENDER DI MEDIA SOSIAL Desmawita Desmawita; Mukhlis R; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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Referring to Komnas Perempuan's 2020 Annual Notes, it notes that thereis a new type of gender violence, namely cyber-based or online gender violence.Cases of violence have continued to increase over the last six years, an increaseof 300% in Online Gender Based Violence (KBGO) compared to the previousyear (2019). Komnas Perempuan stated that this type of violence has anincreasingly complicated pattern of violence because it occurs in the digitalrealm. Ranging from character assassination to sexual harassment through cyberattacks.The type of research used is normative juridical research. In this research,the researcher discusses the level of legal synchronization, which aims to revealthe extent to which certain laws are compatible vertically or horizontally with thismatter.The conclusions that can be drawn from the results of the study are: First,the current criminal law regulation against gender-based sexual harassment onsocial media has not fully supported the advancement of internet technology. Thistype of violence is the same as direct violence, the difference is that now gender-based violence has shifted to social media or cyberspace. Therefore, social mediais considered not to have a safe space for women. To get protection for KBGO onsocial media. Second, the ideal idea of gender-based sexual harassment on socialmedia in the future is that the PKS Law actually has articles that regulate humanrights. These articles can also be used as a reference to fulfill women's sense ofsecurity and rights to freely surf the internet or social media. These articlesinclude Article 27 Paragraph 1 and Article 45 Paragraph 1 concerning theElectronic Information and Technology (ITE) Law which is still being debatedbecause it is considered a rubber article, Article 28E Paragraph (3) of the 1945Constitution and Article 19 Universal Declaration of Human Rights on freedom ofexpression, Article 28G Paragraphs (1) and (2) of the 1945 Constitution andArticle 17 Paragraph (1) of the International Covenant on Civil and PoliticalRights concerning the right to security and privacy, and Article 29 of thePornography Law.Keywords: Criminal Law Policy, Sexual Harassment, Gender, Social Media.
ANALISIS YURIDIS KEKUATAN PEMBUKTIAN OLEH ANAK SEBAGAI SAKSI KORBAN DALAM TINDAK PIDANA PERKOSAAN (Studi Putusan Nomor: 71/Pid.B/2017/PN.Mre) Grace Hanin; Mukhlis R; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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In the mere of criminal acts, a child does not only become a victim. It can be found in suchcases that a child is also being the witness of a crime that has happened. This is based on LawNumber 11 of the year 2012 concerning the Juvenile Criminal Justice System in Article 1 number 2which states that Children in Conflict with the Law are children in conflict with the law, childrenwho are victims of criminal acts, and children who are witnesses of criminal acts. Witnesstestimony is the most important evidence in a case. However, children under the age of 15 are notconsidered to be witnesses who are sworn (taken oath) in an attempt to testify in court. Eventually,the child does not become evidence of witness testimony which is considered valid in proving acriminal case.The purpose of this thesis is: First, to analyze how far is the proofing that is stated by achild in the effort of solving the crime of rape (case of Verdict Number: 71/Pid.B.2017/Pn.Mre).Second, to analyze the type of special protection that can be given to a child victim who witnessedthe crime of rape. The research that is used in writing this thesis is Normative Juridical ApproachMetho or Literature Study in order to obtain secondary data. To obtain secondary data, researcherstudies and analyzes the laws and regulations, law theories to sum up the conclusion of a matterthat is being examined.From the results of the study, there are 2 (two) main things that can be concluded: First, Achild who is not yet 15 (fifteen years) of age cannot be taken an oath or promise in giving his/hertestimony in court. However, as long as there is a match between the child’s statement and otherlegal evidence, the child’s statement can be classified as a guide that can be the basis instrengthening the Judge’s beliefs in making a final decision. Second, The child in providing his/herstatement may also disclose his/her statement outside of the court’s session, namely throughelectronic recording carried out by the Local Community Counselor, in the presence ofInvestigators or Public Prosecutors, and Advocates or other legal aid providers that is involved inthe existing case. Child witnesses and/or child victims are also allowed to provide informationthrough remote examination using audiovisual communication tools. All of this is done in order tomaintain good protection for children in law.The legal position of a child in the effort of proofing a crime is frankly stated in theCriminal Code of Indonesia, yet according to the legislatives that somebody who is still categorizedas a child does not have the perfect responsibility and accountability in the purpose of givingtestimonials in trial. Therefore, a child’s testimony is used either as a “clue” or addition of a validmeans of evidence which is also useful to convince the Judge in trial.The researcher’s suggestion is that in making a decision that is as fair as possible, theJudge(s) should be wise when considering the evidence that are also obtained from the factsrevealed before the trial. Even though the victim witnesses are classified as “children” and tend toJOM Fakultas Hukum Universitas Riau Volume IX Edisi 2 Juli – Desember 2022 Page 2be in the unstable state of self, may the information from the statement given by the child remains aconsideration that has strong value considering that in a rape crime, the child is the only victimwho directly experienced and witnessed the crime of rape by the perpetrator.Keywords : Child-Child Witness-Crimes-Rape
PELAKSANAAN WAKAF TANAH YANG TIDAK MEMILIKI AKTA IKRAR WAKAF (AIW) PADA PERUMAHAN MUTIARA KUALU PERMAI Yolla Indriana; Mardalena Hanifah; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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Waqf land in Indonesia has been known and implemented by Muslims since Islamentered Indonesia. Land waqf is one form of waqf object in Indonesia. Waqf has the potentialto advance the economy in Indonesia. This is evidenced by the large amount of waqf land thatshould be developed even more. The problem that occurs is regarding the position of waqfland at Mutiara Kuala Permai Housing. The main problems in this study are: First, how isthe implementation of land waqf that does not have a Waqf Pledge Deed (AIW) at MutiaraKuala Permai Housing Complex? Second, what are the legal consequences of landendowments that do not have a Waqf Pledge Deed (AIW) at Mutiara Kualu Permai HousingComplex?This research is a juridical research or sociological legal research, namely researchconducted directly on location or in the field to obtain data to provide a complete and clearpicture of the problem under study. The population is all parties, namely Mr. Joni Sapriadi,S.E as Nazhir, Mr. Ir. Gustiwan as Head of RT 08/RW 01 Dusun V Kampung Baru, KualuVillage, and Mr. Developer as Mutiara Kualu Permai Housing according to the problemsexamined in this study. Sources of data used primary data sources and secondary data. Datacollection techniques used, interviews and literature review.The results of the research that can be concluded. First, the implementation of waqfland for public facilities that do not have a Waqf Pledge Deed (AIW) at Mutiara Kualu PermaiHousing is known that the existence of land for public facilities from the developer to thecommunity is a form of obligation as a condition that must be met by the developer inobtaining the benefits of the partnership program. subsidized housing from the governmentso that if there is no transfer of land for public facilities, then in essence the housing cannotbe part of the government's subsidized housing program. Based on the status of the landprovided by PT Mutiara Anugerah Mandiri, it is a waqf land. Second, the legal consequenceof a land endowment that does not have a Waqf Pledge Deed (AIW) at Mutiara Kualu PermaiHousing is a violation. In order to avoid sanctions, PT Mutiara Anugrah Mandiri is obligedto complete the Waqf Pledge Deed from the public facility land as soon as possible. Inaddition, for the community, if there is no action from the developer, they can make acomplaint to the Regent through the Kampar Regent through the Kampar District Housingand Settlements Office, Jl. Langgini, Kec. Bangkinang, Kampar District, Riau.Keywords : Waqf – Waqf Land – Waqf Implementation.
TINJAUAN YURIDIS KEBERADAAN BANDAR UDARA SULTAN SYARIF KASIM II BERDASARKAN PERATURAN DAERAH PROVINSI RIAU NOMOR 10 TAHUN 2018 TENTANG RENCANA TATA RUANG WILAYAH PROVINSI RIAU TAHUN 2018-2038 Kiki Amelia Eflin; Mexsasai Indra; Junaidi Junaidi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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The existence of the Sultan Syarif Kasim II airport, which is currently inthe middle of Pekanbaru City, of course, dramatically influences the spatialplanning of the Pekanbaru City area. This condition will cause urban land use inPekanbaru to become less than optimal. The purpose of writing this thesis is, first,to find out the whereabouts of the Sultan Syarif Kasim II airport based on theRegional Regulation of the Riau Province Number 10 of 2018 concerning the RiauProvince Regional Spatial Plan for 2018-2038. Second, to find a bright spot for theRegional Government in relocating the existence of the Sultan Syarif Kasim IIairport.This type of research is sociological, legal research conducted at theRegional Development Planning Agency of Riau Province, Commission IV of theRegional People's Representative Council of Riau Province, and the Meteorology,Climatology, and Geophysics Agency (BMKG). The population and sample usedare all parties related to the problems studied in this study.The results of this study indicate the existence of Sultan Syarif Kasim IIAirport, which wants to be developed into a primary-scale collector airport thatserves passengers with a total of 5,000,000 (five million) people per year.Construction and development at the current airport location are not feasiblebecause the land is narrow or there is no space to develop the airport to remain inthis location. Therefore it is necessary to relocate the existence of Sultan SyarifKasim II Airport. The government's obstacles in relocating the airport arelocation factor, land condition and land slope factor, land acquisition factor, winddirection, wind speed factor, and budget factor. The government must coordinatewith Angkasa Pura II and equate the perception of the concept of the RegionalSpatial Plan (RTRW) and the Flight Operations Safety Area (KKOP) so that itruns synergistically. The government must immediately make a regulation in theform of a Detailed Spatial Plan (RDTR), which regulates the height of thebuilding and the Basic Coefficient of Buildings and Extraordinary Events aroundthe Sultan Syarif Kasim II Airport area.Keywords: Airport-Spatial planning

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