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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
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Articles 2,579 Documents
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PELAKSANAAN PEMBAYARAN ROYALTI PADA LAGU YANG DIGUNAKAN OLEH RADIO DI PEKANBARU BERDASARKAN PERATURAN PEMERINTAH NOMOR 56 TAHUN 2021 TENTANG PENGELOLAHAN ROYALTI HAK CIPTA LAGU DAN MUSIK Shofa Rizkina Pratiwi.A; Zulfikar Jayakusuma; Meriza Elpha Darnia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Law Number 28 of 2014 concerning copyright, hereinafter referred to as theCopyright Law in Article 1 Paragraph 1, says that copyright is the copyright of thecreator that arises automatically based on the declarative principle after a work isrealized in a tangible form without reducing the complexity in accordance withthe provisions of the legislation. One of the intellectual property products includedin intellectual property rights is a song. The use of songs accompanied by materialbenefits, one of which is in radio media. As quoted from Government RegulationNumber 56 of 2021 Article 3 paragraph (1) that "everyone can make commercialuse of songs and or music in the form of commercial public services by payingroyalties to creators, copyright holders, and or rights owners." related throughLMKN. The purpose of writing this thesis namely; First, the implementation ofroyalty payments for songs used by radio in Pekanbaru city. Second, factors thatbecome obstacles in implementing royalty payments for songs used by radio inPekanbaru city.This type of research can be classified into the type of sociologicaljuridical research, examining the legal aspects by looking at the applicablelegislation and comparing it with the implementation obtained in the field. Thisresearch was conducted at the RRI and Gress FM radio companies, while thepopulation and sample were all parties related to the problems studied in thisstudy. Sources of data used are primary data and secondary data. Methods of datacollection in this study by interviews and literature study.From the results of the research problem, there are two main things thatcan be concluded. First, the implementation of royalty payments on both privateradio and state radio in Pekanbaru has a difference, where royalty payments byprivate radio in Pekanbaru do not carry out according to applicable regulations,while on radio The country, namely RRI radio, stated that the central RRI radiohad paid according to the procedures in force. Second, the factor that becomes anobstacle in the payment of royalties is that private radio does not benefit from theJOM Fakultas Hukum Universitas Riau Volume X No. 1 Januari – Juni 2023 Page 2songs that must be paid royalties and the second factor is due to a lack ofunderstanding of the rules governing the payment of royalties. Author'ssuggestion, First, LMKN must immediately create and use a Song and MusicInformation System and optimize its use to facilitate royalty management.Second, LMKs need to make improvements in collecting royalties, LMKNs needto socialize the Copyright Law, Content, and the rules contained in the Law inorder to increase understanding of the importance of paying royalties.Keywords: Payment-Royalty
ANALISIS YURIDIS PERTANGGUNGJAWABAN PIDANA MALAPRAKTIK KEDOKTERAN YANG DILAKUKAN OLEH DOKTER DALAM PENANGANAN PASIEN COVID-19 DALAM HUKUM PIDANA INDONESIADIKAITKAN DENGAN KEADIILAN Dhafa Dendy Dwijaya; Davit Rahmadan; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Abstract

Malpractice is an act or bad practice, in other words, is a negligence (badpractice) on the part of professionals in carrying out their profession. Thus medicalmalpractice is an act of a doctor who is considered wrong when practicing medicine andviolating legal norms. Criminal liability is imposing a penalty on the maker for an actthat violates a prohibition or creates a prohibited situation. The formulation of theproblem in this study is how medical malpractice is regulated by doctors in handlingCovid-19 patients in Indonesian criminal law and how is criminal responsibility fordoctors who commit medical malpractice in handling Covid-19 patients in Indonesiancriminal law related to justice.The method in this study uses normative legal research methods. This research isalso referred to as library research or document study. It is referred to as research ordocument study because this research is mostly carried out on secondary data in thelibrary.From the results of this study, the first result was that, in Indonesian criminal law,there are no laws and regulations that specifically and in detail discuss medicalmalpractice, especially medical malpractice when a health emergency (pandemic)occurs, such as during Covid-19. Indonesian criminal law still uses existing laws andregulations such as the Criminal Code, Law No. 29 of 2004 concerning MedicalPractice, Law No. 36 of 2009 concerning Health, Law No. 44 of 2009 concerningHospitals, and Law No. 36 of 2014 concerning Health Workers, Therefore, it is time forthe government to carry out reforms in Indonesian criminal law, such as making orupdating laws and regulations regarding criminal acts or medical malpractice actionswhen a health emergency or pandemic occurs such as Covid-19, by making formulationsof criminal acts, criminal liability and sentencing precise and consistent. Second, basedon the 7 cases that have been described and based on the elements of criminalresponsibility, as well as being linked to justice regarding medical malpractice in thehandling of Covid-19 patients, they should be held criminally responsible based onarticles 359, 360 and 361 of the Criminal Code, article 79 letter C of the Law. No. 29 of2004 concerning Medical Practice, Article 126 paragraph (1) and Article 190paragraph (1 and 2) of Law No. 36 of 2009 concerning Health, and Article 84paragraph (1 and 2) of Law No. 36 of 2014 concerning Health Workers. Based on theexplanation of the 7 cases, in the absence of criminal responsibility, it can be concludedthat the main objective of the law is not achieved because there is no justice in the lawthat is created.Keywords: Covid-19, Doctors, Malpractice, Criminal Liability
TINJAUAN YURIDIS TERHADAP PEMBATALAN MEREK TERDAFTAR DALAM KASUS MEREK AYAM GEPREK BENSU PASCA PUTUSAN MA NOMOR 575 K/PDT.SUS-HKI/2020 Irma Nurul Hasyanah; Maria Maya Lestari; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Intellectual Property Rights have a fairly broad scope, including brands. Brands have animportant role in identifying the goods or services of a particular seller or group of sellers anddistinguishing them from the goods or services produced. Thus, it is very important to registerthe trademark of the Ministry of Law and Human Rights Cq. Directorate General ofIntellectual Property in order to obtain legal protection. Mark provisions are regulated in theLaw of the Republic of Indonesia Number 20 of 2016 concerning Marks and GeographicalIndications. Article 72 to Article 79 regulates the abolition and cancellation of registeredmarks on the initiative of the minister. However, if this action is not carried out based on theapplicable laws and regulations, it can lead to unlawful acts.This research is a normative legal research with a normative juridical approach bycritically analyzing the cancellation and abolition of the I AM GEPREK BENSU SEDEPBENER brand by the Ministry of Law and Human Rights Cq. Jakarta Directorate General ofIntellectual Property which does not implement decision Number 56/Pdt.Sus-HKI/Merek/2019/PN Niaga Jkt.Pst Central Jakarta Commercial Court which has permanentpower (incraht).The results of this study show the first: the act of canceling and deleting the I AMGEPREK BENSU SEDEP BENER brand belonging to Yangchent from the general list ofbrands by the Ministry of Law and Human Rights Cq. Jakarta's Directorate General ofIntellectual Property has administrative defects and has resulted in unlawful acts. In DecisionNumber 56/Pdt.Sus-HKI/Merek/2019/PN Niaga Jkt.Pst the Central Jakarta Commercial Courthas decided that Yangchent is proven to be the first owner of the I AM GEPREK BENSUSEDEP BENER brand which is officially registered in the general register of marks andordered to carry out cancellation and deletion of the GEPREK BENSU mark, the owner ofRuben, from the general register of marks. In principle, the court's decision is a reflection ofthe values of justice and the essential truth with sufficient evidence and facts. Second: the act ofdeleting and canceling the I AM GEPREK BENSU SEDEP BENER brand by the Ministry ofLaw and Human Rights Cq. The Directorate General of Intellectual Property of Jakartaresulted in the mark being removed from the general register of trademarks, the end of legalprotection for the mark, the end of cooperation with the licensee of the mark, the occurrence ofmaterial and immaterial losses of the brand holder. Thus the business development of PT. I AMGEPREK BENNY SUJONO no longer has legal protection, especially in the culinary businessof I AM GEPREK BENSU SEDEP BENER.Keywords : Brand – Deletion – Cancellation
PENERAPAN BATAS MINIMUM DAN MAKSIMUM KECEPATAN KENDARAN DI RUAS JALAN TOL BERDASARKAN PASAL 3 AYAT (4) PERATURAN MENTERI PERHUBUNGAN REPUBLIK INDONESIA NOMOR PM 111 TAHUN 2015 TENTANG TATA CARA PENETAPAN BATAS KECEPATAN (STUDI KASUS JALAN TOL PEKANBARU-DUMAI) Meylyn Meylyn; Gusliana HB; Zulwisman Zulwisman
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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This research relates to the Minimum and Maximum Speed Limits ofVehicles Based on Article 3 Paragraph (4) of the Regulation of the Minister ofTransportation of the Republic of Indonesia Number PM 111 of 2015 concerningProcedures for Setting Speed Limits (Case Study of the Dumai-Pekanbaru TollRoad). Road traffic and transportation as part of the national transportationsystem must develop its potential and role to realize security, safety, order andsmooth traffic and road transportation in order to support economic developmentand regional development. Road traffic and transportation safety is a condition inwhich everyone is protected from the risk of accidents during traffic caused byhumans, vehicles, roads and/or the environment. But in reality, theimplementation of this regulation is still experiencing some obstacles.This type of research is sociological law, namely research that wants tosee the correlation between law and society, so as to be able to reveal theeffectiveness of the enactment of law in society. This research was conducted atPT. Hutama Karya (HK) Pekanbaru-Dumai and the Riau Regional Police TrafficDirectorate. Sources of data used are primary data and secondary data. Datacollection techniques in this study were interviews and literature review andconcluded with deductive thinking methods.From the results of the study it was concluded that first, the Minimum andMaximum Limits for Vehicle Speed Based on Article 3 Paragraph (4) of theRegulation of the Minister of Transportation of the Republic of Indonesia NumberPM 111 of 2015 concerning Procedures for Setting Speed Limits have not beenimplemented properly. Second, the factors that affect violations of the maximumspeed limit on the Pekanbaru-Dumai toll road are the human factor and thevehicle factor. Third, the efforts of PT. Hutama Karya and the Riau Police TrafficDirectorate are installing traffic signs, taking action against traffic offenders onthe toll road, and advising all motorists to always check the condition of theirtires and comply with the set speed on the toll road.Keywords: Implementation- Speed Limit
PENYELESAIAN PELANGGARAN LARANGAN KAWIN SATU SUKU BERDASARKAN HUKUM ADAT MELAYU PETALANGAN PADA MASYARAKAT ADAT DESA TAMBAK KABUPATEN PELALAWAN Emilia Hidayani; Rika Lestari; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Same-ethnic marriage is a ban on marriage in the indigenous people of Tambak Village,Langgam District. This is because the customary law system views same-ethnic marriages asmarriages that occur within one family or one breastfeeding. The indigenous people of Tambak,Langgam District, are still guided by the fatwas from their ancestors. So in this case the indigenouspeople in Tambak Village, Langgam District, still prohibit same-tribe marriage. The purpose of thisthesis research is first, the factors that cause same-tribal marriage in indigenous peoples in TambakVillage, Langgam District, Pelalawan Regency. Second, settlement of violations of the prohibitionon same-tribal marriages committed by traditional leaders in the indigenous people of TambakVillage, Langgam District, Pelalawan Regency.This type of research can be classified into the type of sociological juridical research. Withthe research location in Tambak Village, Langgam District, Pelalawan Regency. While thepopulation and sample are parties related to the problem under study. This study used primary datasources and secondary data and data collection techniques were carried out by means of interviewsand literature review.The results of the research conducted by the author are, First, the causes of one-tribemarriage in indigenous peoples in Tambak Village, Langgam District, Pelalawan Regency arecaused by a lack of understanding of customs and tribes in Tambak Village, Langgam District,Pelalawan Regency; decreased public compliance; Affection and mutual love; law is defeated bytime; Because in Islamic law there are no rules governing the prohibition of same-ethnic marriages.Second, the settlement of violations of the prohibition on same-tribal marriages perpetrated bytraditional leaders in the indigenous people of Tambak Village, Langgam District, PelalawanRegency can be carried out by means of the customary leader (datuk shoot inner/penghulu) carryingout clarification of couples who violate customary same-tribal marriages; listen to explanations orclarifications by perpetrators of ethnic marriage offenders; customary leaders will deliberate toreach a consensus/decision; after finding a consensus, the traditional leader conveys the customarysayings and inner shoots conveys their attitudes and decisions; sanctions for violators of sameethnic marriages, namely expulsion from the village; if the violator asks for forgiveness, he must pay1 (one) buffalo along with other equipment; paying customary fines by feeding 1 (one) Nagari; ifthe customary fine has been paid, the offender of the same ethnic marriage has been reinstated. Theauthor's suggestion is that traditional leadersandthe role of parent return to actively holdingcustomary meetings involving all elements of the village community, including the youngergeneration, so that traditional values that have been passed down from generation to generation canbe re-instilledKeywords: Prohibition, Same-Ethnic Marriage, Indigenous Peoples
FORMULASI SANKSI TINDAKAN TERHADAP PELAKU SODOMI SEBAGAI SANKSI TAMBAHAN DALAM PEMBAHARUAN HUKUM PIDANA INDONESIA Feriska Bulan Mutia; Ferawati Ferawati; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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The rise of sodomy crimes in Indonesia is very worrying, especially sodomy crimesagainst children (homosexuals). One of the reasons for this rise is the lack of effectiveness inlaw enforcement against sodomy perpetrators, of course, in a preventive or curative way. TheIndonesian Criminal Law already regulates the imposition of sanctions against perpetratorsof sexual crimes against children. However, this has not been able to have a significantimpact on reducing sodomy cases. For this reason, more effective forms of prevention areneeded. The purpose of writing this thesis: First, to find out the urgency of imposingsanctions against sodomy perpetrators in the renewal of Indonesian criminal law. Second, toformulate sanctions against sodomy perpetrators as additional sanctions in the renewal ofIndonesian criminal law.The type of research used in this legal research is normative legal research.The approach used by researchers is a normative juridical approach. Data analysis used byresearchers is to analyze data qualitatively. In drawing conclusions the researcher uses thedeductive thinking method, namely a way of thinking that draws conclusions from a statementthat is general in nature to a statement that is specific in nature.From the results of the study, it is important to apply sanctions against sodomyperpetrators against children to provide prevention efforts to reduce sodomy crimes. With therenewal of the criminal law, it is hoped that it will provide clear regulations in the future,especially regarding sodomy crimes against children. A formulation in the application ofsanctions against sodomy perpetrators, by imposing sanctions on sodomy offenders againstchildren, is an effective step in tackling sodomy crimes against children.Keywords: Sanction Formulation, Additional Penalty, Action, Sodomy, Criminal LawReform
IMPLEMENTASI PEMBINAAN NARAPIDANA RESIDIVIS DI LEMBAGA PEMASYARAKATAN KELAS IIA KABUPATEN BENGKALIS (PERIODE TAHUN 2019-2021) Saraswati Aji Sawitri; Elmayanti Elmayanti; Tengku Arif Hidayat
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Recidivis exists in the case that a person has committed several acts, each of which is anindependent crime, among which one or more acts have been sentenced by a court. Specialtreatment needs to be given because of the special needs of the risks attached to him, but inpractice the Bengkalis Regency Penitentiary does not differentiate between recidivist inmates andnon-recidivist inmates. Therefore, the purpose of this thesis research is first, to find out theimplementation of coaching recidivist prisoners in Bengkalis Prison. Second, find out what effortshave been made by the Bengkalis Prison in fostering recidivist prisoners.This type of research can be classified into the type of sociological juridical legalresearch. This study uses primary data and secondary data consisting of primary legal materials,secondary legal materials, tertiary legal materials, and data collection techniques are carried outby interviewing and distributing questionnaires.From the results of this study there are two main things that can be concluded. First,there is no difference in the form of coaching given by officers to recidivist prisoners and non-recidivist prisoners. There are 2 types of coaching given, namely personality coaching andindependence coaching. Second, the efforts made by the Bengkalis Penitentiary for thedevelopment of recidivist convicts are to emphasize religious activities and also add facilities andinfrastructure for the continued development of convicts so that they are carried out optimally.The author's suggestion is First, the implementation of coaching given to convicts shouldhave a difference between recidivist convicts and non-recidivist convicts. Second, obstacles thatmake the implementation of coaching in the Bengkalis Regency Penitentiary less effective so thatthey can be dealt with immediately.Keywords: Coaching, Prisoner, Recidivist, Penitentiary
KONTRUKSI PERKARA PERUSAKAN FASILITAS PT. WIKARYA SAKTI PADA PROSES PERSIDANGAN DI PENGADILAN NEGERI JAMBI DIKAITKAN DENGAN TUJUAN KEBENARAN MATERIL Khofifah Dinda Syahputri; Davit Rahmadan; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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District Court Decision Number 708/Pid.B/2019/PN.Jmb is one of the cases of nationalconcerm. Agrarian conflicts that occur between corporations and civil society often lead to thebringing of the case into criminal justice institutions. Prolonged conflicts cannot be resolved bythe government local area so that the conflict leads to a criminal incident, the agrarian conflictwhich is the root of the problem is forgotten and civil society is considered as an actor of thecriminal event of the Panel of Judges, in assessing the criminal event is seems as if they do notsee the causes of the criminal incident, because The decisions made sometimes omit animportant segment of the emergence of a criminal incident.The purpose of this study is how to apply the law and material truth in the constructionof cases of destruction of facilities and to find out the legal constructions of judges in decidingcases of damage to facilities at the Jambi District Court. The research method used in thisthesis uses normative legal research, namely legal research that examines regulations.Legislation and legal priciples I this normative research, the author conducted research onseveral court legal materials.From the results of this research, it can be conclude that the Judge’s Decision is astatement by the judges as a state official who is given the authority to do so, in the from of acriminal decision if the perpetrator’s actions are proven legally and convincingly guilty in aneffort to make decisions and impose criminal sanctions, of the course the judge hasconsiderations- considerations consisting of juridical considerations, including the indictmentof the Public Prosecutor, the demands of the Public Prosecutor, witness statement, testimony ofthe defendant, and sociological considerations covering the background of the defendant’sactions, the consequences of the defendant’s actions and the condition of the defendant at thetime of committing the act. Analyzing the judges’ considerations in this case, according to theauthor, the judge’s consideartions or judgments in this case are not objective because they arenot based on facts revealed at trial. And the judge has violated the mandate of article 5paragraph (1) Law number 48 of 2009 concerning Judicial Power which states that judges areobliged to explore, follow, and understand legal values and a sence of justice.Keywords : Legal Constructions of Judges, Applications of Law and Material Truth.
EKSISTENSI KOMISI KEJAKSAAN REPUBLIK INDONESIA DALAM RANGKA MEWUJUDKAN PENEGAKAN HUKUM YANG BAIK DI INDONESIA Sultan Fadillah Effendi; Dodi Haryono; Zainul Akmal
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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In the Indonesian constitutional system, the Prosecutor's Office of the Republic ofIndonesia is one of the institutions that contribute to law enforcement. To improve the qualityand capability of prosecutors and prosecutorial employees, it is necessary to have aninstitution that supervises, monitors, and assesses the performance of prosecutors andprosecutors in carrying out their obligations, as stated in Article 38 of the Law on theProsecutor's Office of the Republic of Indonesia. On the basis of this, the Attorney General'sCommission of the Republic of Indonesia was formed as an additional institution thatspecifically carries out this function. The research objectives of this thesis are first, toanalyze the existence of the Prosecutor's Commission as a state auxiliary agency based onapplicable laws and regulations. Second, to analyze the ideal arrangement of theProsecutor's Commission as a state auxiliary agency in order to realize good lawenforcement in the future.This type of research can be classified into normative legal research with thetype of legal systematics and legal principles. This research uses data sources in the form ofsecondary data with literature study-based data collection techniques.From the results of the problem research there are two main things that canbe concluded. First, the existence of the Prosecutor's Commission as State Auxiliary Agenciesbased on applicable laws and regulations, namely as an additional state institution that isnon-structural independent and is in the executive realm. Institutionally, the Prosecutor'sCommission is relatively weak starting from the position, legal basis, duties and authoritiesand financial rights that are not yet independent. Second, the ideal arrangement for theProsecutor's Commission as a state auxikiary agency in order to realize good lawenforcement in the future is to clarify the position of the Prosecutor's Commission as anindependent institution, increase the legal basis at the level of the Law, simplify the task andauthority procedures and the independent financial rights of the Prosecutor's Commission.The author's suggestions are First, the legislator should revise Article 38 of the Prosecutor'sOffice Law and strengthen the position of the Prosecutor's Office Commission as anindependent institution with a regulation at the level of law. Second, it is recommended thatthere be an expansion of the authority of the Prosecutor's Commission in the form ofexecutorial power. Third, the addition of authority for monitoring within a certain period oftime. Fourth, there is authority over financial rights by the Prosecutor's Commissionindependently. Thus it will strengthen the existence of the Prosecutor's Commission inrealizing good law enforcement in the future.Keywords: Existence, Prosecutorial Commission and Law Enforcement.
Analisis Penegakan Hukum Terhadap Pelanggaran Protokol Kesehatan Berdasarkan Asas Persamaan Didepan Hukum Desi Yana S; Mukhlis R; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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To minimize the spread of Covid-19 in Indonesia, a Health Protocol has been implemented.However, the infection rate continued to increase until it spread throughout Indonesia. This happensbecause there are still many violations of the Health Protocol, especially not wearing masks andkeeping a safe distance. Lack of public awareness of the importance of maintaining health is a factorcausing an increase in cases. As well as in the law enforcement process, health protocol violations areconsidered to have occurred selectively in the application of the law by law enforcers, such as in thecase of Rizieq Sihab when he held his daughter's wedding compared to Atta Halilintar's wedding andviolations committed by state officials where no legal action was taken. So it tends to result in peoplenot taking their health seriously and complying with the rules. This makes the law in Indonesia doesnot put forward the principle of equality before the law which is the basis that all are treated the same,there is no difference before the law.The type of research used is normative legal research, which is research conducted byexamining secondary data or research based on standard rules that have been recorded, called libraryresearch. This research is descriptive in nature, namely a study that aims to make a clear and detaileddescription of the problem.The results of this study are the process of law enforcement against health protocol violations,namely applying Article 93 of Law No. 6 of 2018 for those who violate it by imposing a 1 year prisonsentence and a 100 million fine, but it is still not running optimally and does not reflect equality beforethe law. There is a disparity in legal treatment of fellow violators and the attitude of selective loggingby law enforcement officials both in imposing sanctions and not taking action against officials whoviolate the health protocol. when compared to other countries' health protocol law enforcement, thesanctions are quite heavy but effective and the apparatus has strong firmness. So the law enforcementprocess should have strong integrity from law enforcement officials in enforcing the law in the midst ofsociety. As well as the need for additional studies in Law No. 6 of 2018 concerning health protocolsnot wearing masks, maintaining distance, avoiding crowds so that there are no multipleinterpretations and the proper application of articles to actions so that justice can be properly realizedand applies equally to all Indonesian people.Keywords: Health protocol, Law Enforcement, Equality Before the Law

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