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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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TINJAUAN YURIDIS SISTEM PEMILIHAN UMUM ANGGOTA DEWAN PERWAKILAN RAKYAT PADA ERA ORDE BARU DENGAN ERA REFORMASI ', Ismail; Indra, Mexsasai; ', Junaidi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Electoral system adopted in the general election Members of Parliament in the New Order era to the era of the Reformation have differences in its implementation, the electoral system in the New Order is using a proportional system is closed lists of candidates and in the reform era that is proportional to the open list of candidates, which system that applied in that era have weaknesses and strengths in its implementation, thus need to review the electoral system the legislature in each era, whether it leads towards a democratic election. The purpose of this thesis, namely; First, to determine the electoral system Members of the House of Representatives in the New Order era to the era of reform. Second, to determine the strengths and weaknesses of the electoral system Members of the House of Representatives in the New Order era to the era of reform.This research is done by using an approach that is normative, because in this study the authors conducted research on the history of law and comparative law. While the source of the data used is using secondary data. Data collection techniques in this study the authors use the method of assessment literature or documentary studies and data analysis using deductive method is to analyze the problems of the general form into special shapes.Results of the study are: First, The electoral system used in the New Order Era is using stelsel proportional system with closed lists of candidates, voters vote for the party, and the party to vote for the candidate with the highest sequence number. While in the Reform Era, the electoral system used a proportional electoral system with open candidate list, voters may vote directly to the selected candidate. Second, the strengths and weaknesses of the electoral system in the New Order era and Reform, the advantages of the electoral system in the new order, namely, to produce security and order in the implementation and flexible, weakness namely electoral system is very close to the shadow of government intervention, not of transparency, this system affects the responsibility of legislators, while the excess electoral system reform era that is very democratic, open competition is positive for candidates, and weaknesses are, so complicated that people confused, complicated calculations voice, hamper the strengthening of democracy. First author's suggestion, it is recommended that every election changed the electoral system in use continues to meet the electoral system which is fitted applied in Indonesia Secondly, the elections that took place must be transfaransi and no intervention, the government must remain neutral in elections held in this country.Keywords: The electoral system-Members of Parliament-New Orde and Reform Era
ANALISIS YURIDIS TERHADAP HAK PREROGATIF PRESIDEN SEBELUM DAN SESUDAH AMANDEMEN UNDANG-UNDANG DASAR 1945 M JAMHURI; Dodi Haryono; Abdul Ghafur
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Abstract

Amendment Act of 1945 that occurred in the era of reform based on a commitment to reinforce the Presidential system. Instead, the powers of the President as head of state seems limited by the meddling of other state institutions such as parliament, it weakens the system as the prerogative of the presidency itself. Prerogative is one muntlak rights owned by the President as head of state. Practice of the presidency in Indonesia established since 18 August 1945, Indonesian has a constitution which became the basis for a set of government (1945) and the presidency, which led the entire nation. In fact, the prerogative established in the Act of 1945 reduced that the institution of Parliament who are members of the prerogative of the President. Therefore, this study aimed to understand the prerogative of the president in Indonesia in the reform era at once formulate implications for the executive and legislative relations and the implementation of the ideal. This type of research can be can be classified into types of normative juridical research, because it makes the literature as the main focus. Source of data used, the primary legal materials, secondary law, and tertiary legal materials. Data collection techniques in this study using the method of literature study.The results showed that the application of the prerogative of the President in a presidential system of government actually weaken the presidential system and have implications for the executive and legislative relations. Some of the things that the implications are; First, the number of political interests. Second, the absence of regulation of the relationship between state institutions. Third, the weak position of the President as head of state. Prinip ideally application prerogative of the President, in order to create stability prerogative of the President of Indonesia, there are several things that need to be addressed within the prerogative of the President of our system, namely: First, setting the relationship between state institutions, second, does not always have to associate with politics, and Third, strengthening the institutional design of the presidency. The author suggests needed muntlak its prerogatives defined by the rules of law more clearly so that it will produce a strong and efficient government and the effort to strengthen the position of President of the institution of the presidency that is not weak against the Parliament, by way of separation institution of the presidency of the Council of Representatives (DPR) and the prerogative of the President through the rules of the Act are clear.Keywords: President, prerogatives, before, after amendment
EFEKTIVITAS TUGAS LEMBAGA PENEGAKAN HUKUM TERPADU KOTA PEKANBARU DALAM PEMILIHAN UMUM TAHUN 2014 BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 2012 TENTANG PEMILIHAN UMUM DEWAN PERWAKILAN RAKYAT DEWAN PERWAKILAN DAERAH DAN DEWAN PERWAKILAN RAKYAT DAERAH TAHUN 2 Mulyadi Ranto Manalu; Mexsasai Indra; Abdul Ghafur
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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The existence of the Integrated Law Enforcement Center (Gakkumdu) Pekanbaru City in completing the follow criminal offense Election maximum rated yet. So hopefully, there is a coordination of the parties involved in Gakkumdu, namely Bawaslu / Supervisory Committee and the Police and the Prosecutor in the city of Pekanbaru. Based on this understanding, then writing this essay to formulate three formulation of the problem, namely: first, how tasks of Integrated Law Enforcement Agencies in Pekanbaru City Election based on Law No. 8 of 2012 on the Election of the Board of Representatives and Regional Representative Council of the Regional Representatives Council year 2014? Secondly, What are the constraints faced Integrated Law Enforcement Agencies Pekanbaru? Thirdly, what the efforts of Integrated Law Enforcement Agencies Pekanbaru to improve its work in the Election? The research method in this study, first, this kind of research is legal sociological and descriptive. Second, research sites Pekanbaru. Hoarse data sources supported by the primary data, secondary data sources and tertiary data sources. Thirdly, data collection techniques used were interviews, and a review of literature. After the data collected then analyzed qualitatively, then draw conclusions with deduktitf thinking method is to analyze the problems of the general form into special shapes. From the research, there are three fundamental problems that it can be concluded, first, the effectiveness of the Integrated Law Enforcement Center tasks (Gakkumdu) in the Crime Case Management legislative elections in 2014 in the city of Pekanbaru is still not optimal, second, Gakkumdu obstacles in carrying out their duties is the level of understanding diantarannya still less to the laws and regulations governing legislative elections, lack of socialization rules and regulations relating to the implementation of legislative elections and the lack of coordination between the personnel sitting in the Sentra Gakkumdu. Third, efforts to improve its work diantarannya Gakkumdu is to improve understanding are still lacking for legislation governing legislative elections, improving socialization rules and regulations relating to the implementation of legislative elections and improve coordination between the personnel sitting in the Sentra Gakkumdu.Keywords : Task - Gakkumdu - General Elections
IMPLEMENTASI PERLINDUNGAN HAK-HAK MASYARAKAT MISKIN SEBAGAI HAK KONSTITUSIONAL DALAM MEMDAPATKAN PELAYANAN KESEHATAN DI KABUPATEN ROKAN HILIR akbar, Rahmad; Indra, Mexsasai; ', Junaidi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Constitutional development has shifted from centralized to decentralized marked with the enactment of the Local Government Act, resulting in the shift of some tasks of the central government becomes the burden of responsibility in the area of managing. The Act contains a provision stating that the health sector is fully submitted to the Local Government with authority to manage and administer all aspects of health. Accordingly, Act No. 32 of 1992 on Health necessary adjustments with the spirit of regional autonomy. In this case I will focus on research in the area Rokan Hilir Government in the implementation of health services to the poor are classified continue to face problems in implementation.This type of research can be classified in socio-juridical research, because in this study the authors directly conduct research on the location or place under study in order to give a complete and clear picture of the problem under study. This research was conducted in jurisdictions Government Rokan Hilir, while the population and the sample is a whole party relating to the issues examined in this study, the data sources used, the primary data, secondary data, and the data tertiary data collection techniques in this study with observation, interview and literature study.From the research, there are three main issues that can be inferred: first, the implementation of health services for the poor in Rokan Hilir the form of Community Health Insurance (Jamkesmas) and the Regional Health Insurance (Jamkesda); second, inhibiting factor in the implementation of health services include internal factors such as lack of medical personnel, limited medical facilities, and Abuse of authority medical personnel, and external factors such as infrastructure constraints of non-medical and Geographic Conditions; Third, efforts made by the Government yanng Rokan Hilir in meeting the implementation of health care for the poor in Rokan Hilir include monitoring, coaching and training actions. Suggestions author, first, should have been the implementation of the provision of health care and social programs, also supported by the human resources as a medical team in providing good service and is responsible not only to patients, but also to God, because it is a social work community , Second, Rokan Hilir government should also consider the factors supporting each program, particularly in health services in poor communities, to meminimallisir constraints in the implementation of the provision of health services, third, efforts taken by the government should continue to pay attention to the various needs based kendala- constraints faced by the government in implementing health care programs, not just focus on the things that are technical health services it is of also matters is the formation of character and social.Keywords: Health - poor - Responsibility of Local Government
POLITIK HUKUM OTONOMI DESA BERDASARKAN UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA Firdaus, Emilda; Indra, Mexsasai
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Village setting during this applies is no longer appropriate with the times, especially concern problem the position of customary law community, democracy and equitable development, Cousing the gap between regions which can interfere the integrity of the country. After the enactment of Law No. 6 2014 about the village, the position and authority of the village is based on the principle of autonomy that leads to the village form of independence. The principle above referred to the recognition principle and subsidiarity. Village honored in full by the supra-village as a legal entity, which was given the authority to megambil policy in the locality scale.The problems in this research are How legal political setting about the village by statute No.6 2014 about the village. How The Position of Village by statute No.6 2014 about the village. This study uses a type of normative juridical approach or also called doctrinal legal research. Called doctrinal legal research because research is done or directed only at the written regulations or materials other law. Methods and means of collecting legal materials is to use secondary data, that is data that has been established by previous researchers, or often referred to as a legal matter, the primary legal materials, secondary and tertiary.From the research results,that Law No.6 2014 about the village has given more power autonomy from the previous rules, that the village can the organization of village based culture and authenticity of the village without the intervention from government there on top. The position of village in this rules still be District or Town but the village not anymore is subordinate from District or Town. Village to District or Town only limited report responsibility the organization of village.Keywords : Political Law, Autonomy, The Village, Law No. 6 /2014
POLITIK HUKUM PENGEMBALIAN KETETAPAN MAJELIS PERMUSYAWARATAN RAKYAT DALAM HIRARKI PERATURAN PERUNDANG-UNDANGAN BERDASARKAN UNDANG-UNDANG NOMOR 12 TAHUN 2011 TENTANG PERATURAN PERUNDANG-UNDAGAN DI INDONESIA Jendri Heri Sumarta; Dodi Haryono; Junaidi '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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The structure of a legal state in principle is a way to create a complex legal system, to realize the legal order that governs the relationship between the communities by the state or state institutions in a region or country. Hans Kelsen in his book entitled "General Theory of Law and state" suggests a theory known as the "Stufen theory". In the essence of this theory assert legal hierarchical, structured shows that law subordinate must not conflict with the law who are in it or a higher degree. Historical development hierarchy Laws and Regulations in Indonesia started since 1966 in the form back to the Regulation of Legislation No. 12 in 2011. In 1996, by the provisions of the People's Consultative Assembly (MPR) Number. XX / MPR / 1966 Appendix 2, stated that the Hierarchy of Laws and Regulations Indonesia. Considering need to reform of legal products to fit the needs of the people so, that the law not only as a complement to the administration of the state alone but also have a very important role in advancing Indonesian state administration as well as increased development of the public to be more developed in accordance with the demands of the times.So based on the above-mentioned background writer interested in studying due to the recurrence of People's Consultative Assembly provisions in the legislation hierarchy after the enactment of Law No. 12 Year 2011 on the Establishment of legislation, raises various questions, regarding the position of the People's Consultative Assembly re-provision , the writer put it in the form of a thesis with the title, "Political Law of the People's Consultative Assembly Decree Returns in Hierarchy of Laws and Regulations Under Law No. 12 of 2011 Concerning the Establishment of Laws and Regulations in Indonesia"Keywords: Politics Returns Law of the People's Consultative Assembly Decree Based on Law No. 12 of 2011
PARTISIPASI PEMILIH TERHADAP PEMILIHAN GUBERNUR RIAU TAHUN 2013 BERDASARKAN UNDANG-UNDANG NOMOR 32 TAHUN 2004 TENTANG PEMERINTAHAN DAERAH DI KOTA PEKANBARU Joko '; Emilda Firdaus; Abdul Ghafur
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Political participation of the community is a hallmark of political modernization. Executive and legislative elections directly in Indonesia today also followed the local elections and the deputy head of the region mandated by Law No. 32 of 2004. The history of the arrangement of general elections in Indonesia showed the fact of the decrease voter turnout. This is evidenced by the declining number of voters in each election activities. The phenomenon of the decline and the lack of community participation in elections also occur at the local level (Pemilukada).The issues in this thesis is how voter participation in the election of Riau governor in 2013 in Pekanbaru City? What is the obtacle that affecting voter participation in election of Riau governor in 2013 in Pekanbaru city? And whether the efforts made to overcome the tendency of voter participation in the implementation of the election for Riau governor in 2013 in Pekanbaru city?This type of research can be classified as juridical empirical research, that is reviewing the state of the existing problems in the field and then associated with the applicable legal aspects done on location of the research by using data collection tools. The research was conducted including descriptive research that illustrates clearly and in detail and explain the reality of the field of voter participation based on law No. 32 of 2004 on the election of Riau governor in 2013 in Pekanbaru city. The conclusion of this research is the election governor in Pekanbaru city 2013 ago experienced a decline against the participation of voters in the first round where the amount of the participation only 53.37%. This election do in two-round election . Its effect on voter participation. In the second round of voter participation dropped to 46.4%. Pekanbaru city people's reluctance to participate on the election of the Riau governor in 2013, the crisis of public confidence of Pekanbaru city’s society towards the organizers the election of Riau governor in 2013, and the lack of socialization to the people of Pekanbaru city towards governor candidate in 2013 which became the obstacle. The efforts made by election commission (KPU) pekanbaru city related these obstacles is to improve the performance and role of volunteer teams democracy, maximizing dissemination and doing evaluation.Keywords: Elector’s participation, the election of Riau governor, the region government
MAHKAMAH KONSTITUSI SEBAGAI POSITIVE LEGISLATURE DALAM PENGUJIAN UNDANG-UNDANG TERHADAP UNDANG-UNDANG DASAR 1945 Syara Nurhayati; Mexsasai Indra; Junaidi '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Constitutional Court as one of the institutions in judicial power holders, get special attention because the laws were issued. Product legal form that is both positive legislature decision considered to have displacement of the authority Constitutional Court from a negative into a positive legislature. The legal conditions cause various polemics and phenomena in the system of constitutional law in Indonesia, that related validity constitution and implementation of the positive legislature’s decisions. Purpose of this study was to determine the constitutionality of positive legislature decisions in Indonesia and implementation of the decision by the government in Indonesia’s legal system. This research is a normative study, which the authors tried to collect and analyze data on the writing of literature. The source of data is divided into primary, secondary and tertiary data. Constitutionality of the positive legislture’s decisions by Constitutional Court when viewed under Article 24C of the 1945 Constitution is not contradictory. Because the Indonesian constitution does not provide authority to limit the Constitutional Court issued a legal product. In addition, the legal reasoning in the Constitutional Court issued a positive legislatur’s decision needs to be considered in valid decision of the Constitutional Court. Where most of the legal considerations given in the Court issued a positive legislature’s decision is to achieve justice for the substantive constitutional rights holders. Whereas, for the implementation of positive legislature’s decision if not immediately followed by legislator, is valid since it was decided in court. Given the Indonesian legal system that is more influenced by positivism, needs to be made to understand the written regulations related to the authority of the Constitutional Court to issue a ruling in particular legal product that is positive legislature. In addition, for the effectiveness of the delivery of law in Indonesia should also be made binding rules for the legislator in order to more quickly respond to any product preformance law issued by the Constitutonal Court therefore do not trigger a legal vacuum in Indonesia’s legal system .Keywords: positive Legislature, constitutionality, legal consequences.
PENERAPAN SISTEM SOFT BIKAMERAL DALAM PARLEMEN DI INDONESIA Taufik Hidayat; Dodi Haryono; Abdul Ghafur
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Legislative power which is also commonly referred to as the parliament is the principal institution in the country. Parliament has a significant role in the development and progress of a country. In general, the structure of the parliament in the world divided into two parliamentary two rooms and one room. Changes in the structure of Indonesian parliament after amendments to the Constitution of the Republic of Indonesia of the two-room system using a soft (soft bicameral). With the use of soft bicameral system then one of the rooms are deliberately limited constitutional authority. The implications of the application of soft bicameral system resulted in DPD performance experienced inefficiency until no significant impact on results (output) of the current parliamentary system ini.Purpose of this thesis, namely; First, the application of soft bicameral system in the Indonesian parliament, Second, improvement of soft bicameral system in the Indonesian parliament.This research is normative, which is done with the approach to find the law for a case in concerto, namely the approach of looking for how to find the relevant facts, then find the law in abstracto the right to object under study. Data sources used include primary data, secondary data, and the data tertiary. Data collection techniques using literature studies.From the research problem there are two main things that can be inferred. The first preliminary design DPD is not formed based on the context of checks and balances between the rooms in the parliamentary system (just as the subordination of parliament) so that the parliament has become lame, no institution but not functioned optimally,. Second, the problem lies in the constitution it is necessary to change the constitution by perfecting the current parliamentary system from soft to strong bicameral bicameral. Suggestions writer, First, improvements pattern DPR and DPD relationship should be mutually reinforcing regional interests accommodated maximum order, through product quality legislation will lead to the advancement of the nation, second, through changes to the constitution to encourage efforts to improve the system in the direction of strong bicameral parliament.Keywords: Parliament - Soft bicameral - strong bicameral
Perlindungan Hukum Terhadap Masyarakat Adat Menurut The United Nations Declaration On The Rights Of Indigenous Peoples DANIEL S NABABAN; Emilda Firdaus; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Issues of recognition of Indigenous People (which by the international world is translated by the term Indigenous Peoples (Ips) is a problem that has developed since Ke century - XIV. Indigenous Peoples (Ips) naturally have a genuine autonomy (original autonomous powers) and rights to land (entitlesmens to land). ILO Convention 107 of 1957 concerning Indigenous and Tribal Nations that assumes that the Indigenous People is the poorest people (Uncivilized Society) to be developed into a modern society. Protection of Land Rights of Indigenous People in the United Nations Declaration on Rights of indigenous peoples are reflected in Article 26, while the Protection of Land Rights of Indigenous People in Indonesia has been poured into the form of legislation relating to the recognition of Indigenous People in Indonesia. Terms of recognition of customary law communities along with their traditional rights is a form of acceptance tertinggi.Sampai state as an organization of power today, customary rights arrangements still sporadically scattered in various laws - laws in Indonesia, all of which are aimed at providing legal protection ofJOM Fakultas Hukum Volume 2 Nomor 2 Oktober 2015 2customary rights. But it becomes unclear and cause various interpretations which are not adequate with the aim, often negating the detriment of the rights of Indigenous People. As for some of the problems related to communal rights are concerned: Management Rights for Indigenous People and Land Rights Alliance for Indigenous People. Keywords: Indigenous People - Land Rights

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