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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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TANGGUNG JAWAB PELAKU USAHA PENJUAL APLIKASI BERBAYAR TERHADAP PROMOSI YANG MENYESATKAN Raldi Sembiring Meliala; Maryati Bachtiar; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Along with the rapid development of science and technology in the modern era, it hasresulted in increasing public demand for services providing goods/services consumed by thepublic. This creates many opportunities for business actors to meet demand for these goodsand services. Buying and selling in this modern era is not only limited to in person but can bedone online, which makes it easier for many business people to run their business.However, in reality, many business actors engaged in online buying and selling do not carryout their rights and obligations properly, which puts consumers in a weak and disadvantagedposition. One of them is the business actor @booming_market which is engaged in buyingand selling netfix accounts. @booming-market business actors carry out ambiguous andmisleading promotions in order to reap maximum profits by not being honest and transparentwith their consumers. the aim of this thesis research is first, to analyze the responsibility of@booming-market business actors towards consumers who are harmed by misleadingpromotions. Second, analyze the forms of legal action that can be taken by @booming-market consumers who are harmed by misleading promotions.From the research results it can be concluded that. First, as regulated in Article 19 UUPK,@booming-market business actors are responsible for providing compensation for consumerlosses. Second, there are 2 legal remedies that can be taken by consumers, namely throughlitigation and non-litigation, but in this case there is a risk that the agreement can be canceledby law because it does not meet the objective requirements for the validity of an agreementbecause the Netflix company has prohibited it from selling. buy back the netflix account. Theauthor's advice is: First, consumers should understand more about consumer rights so thatthey can make careful considerations before deciding to consume a good/service. Second,business actors who promote a product must provide correct information about the product.The advertising content must not contain misleading information or make uncertain promises.You should comply with statutory regulations and not shy away from your responsibilities asa business actor.
IMPEACHMENT PRESIDEN DAN WAKIL PRESIDEN DALAM SISTEM PRESIDENSIL PADA MASA SEBELUM DAN SESUDAH AMANDEMEN UNDANG-UNDANG DASAR 1945 Harry Surya Putra; Dodi Haryono; Zainul Akmal
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Impeachment is a process of charges filed by the legislative branch of a government againsta civilian official. Legally the term impeachment is applied only to charges. In common usage, itincludes trials of defendants conducted by the higher branch of the legislature.This research will examine the main issues according to the scope and identification ofproblems through a normative juridical approach. Based on normative research methods, the datasources used in this research are secondary data sources which consist of 3 legal materials,namely: primary legal materials, secondary legal materials, and tertiary legal materials. Datacollected from literature studies.After the Amendment to the 1945 Constitution, the mechanism for dismissing the Presidentin Indonesia is far more complicated than before. Starting from the institutions involved and theprocess that must be passed is very different from before the 1945 Constitution was changed.Under normal circumstances, it is very difficult to remove or impeach the President and/or VicePresident. Whereas it is true that the procedure for dismissing the President and/or Vice Presidentduring their term of office has been provided for in the 1945 Constitution. It's just that to be able todo so requires a political and legal process that is quite long and tortuous. From the point of viewof the involvement of state organs and the regulation of the impeachment mechanism in the 1945Constitution, there is still room for struggle between politics and law. Given that the position ofauthority to dismiss the President and/or Vice President rests with the MPR but involves theConstitutional Court in it.Keywords: Impeachment - President and Vice President - Presidency - Amendment to the 1945Constitution
ANALISIS KEPATUHAN HUKUM DEWAN PERWAKILAN RAKYAT DAN PRESIDEN ATAS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 91/PUU-XVIII/2020 TENTANG CIPTA KERJA M. Sadewa Rafie Aldiza; Dodi Haryono; Junaidi Junaidi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Constitutional Court Decision No 91/PUU-XVIII/2020 states that the Job CreationLaw is conditionally unconstitutional and still valid with a 2-year deadline for improvement.The follow-up to the court's decision is aimed at the DPR and the President should makeimprovements to Law Number 11 of 2020 concerning Job Creation. However, the actiontaken by the DPR is to make changes to the Law on the Establishment of Laws andRegulations, which is the advice of the judge who dissented opimion. Meanwhile, IndonesianPresident Joko Widodo issued Perrpu Number 2 of 2022 concerning Job Creation, thisexplicitly aborted the conditional unconstitutional status of Law No. 11 of the Year 2020About Job Creation.This research is a normative legal research. It is based on literature research thattakes excerpts from reading books, or supporting books related to the problem understudy. This study used secondary data sources consisting of primary, secondary, andtertiary legal materials. This study also used qualitative data analysis and produceddescriptive data.From the results of the research and discussions carried out, it is necessary to havean ideal system to improve the application of the Constitutional Court decision inaccordance with the principle of erga omnes. The results showed that to optimize theprinciple, cooperation efforts between the Constitutional Court and other state institutionsor adressat decisions are needed in implementing it. One of them is by directly appointingthe competent state agency in the consideration of the decision to follow up. This can becombined with the application of judicial deferrals and the granting of a deadline for theenforcement of judgments imposed on the adressats as a determinant representation of legalboundaries and certainty.
Tanggung Jawab Pemerintah Daerah Kota Pekanbaru Terhadap Perlindungan Anak Terlantar Berdasarkan Peraturan Daerah Provinsi Riau Nomor 3 Tahun 2013 Tentang Perlindungan Hak Dasar Anak Jessy Rhoudatul Aulia; Emilda Firdaus; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Homeless children are children who spend most of their time doing daily living activities on thestreets, to make a living or roam the streets and other public places. One of the social welfare problems thatare still flourish in Pekanbaru today is homeless children. Children are the next generation the ideals of thestruggle of a nation that has s strategic role and have special characteristics and properties that areexpected to ensure the continued existence of the nation and the state in the future.given the position andhope to the children as the potential and future of the nation so that the child may deserve the attention ofall parties so that children can grow and develop naturally and avoid the treatment and the wrong action,violence, discrimination which would undermine the development of the child, wheter physical, mental, andsocial development.This research is motivated by the high number of homeless children in Pekanbaru City so the authorconsiders it’s important to know how the responsibility of the provincial government for the protection ofhomeless children, what causes the number of homeless children in Pekanbaru City, and what are the effortsof the provincial government in overcoming the number of homeless children in Pekanbaru City. This studyuses Riau Province Regional Regulation Number 3 of 2013 about the Protection of Children’s Basic Rightswhich has 4 (four) indicators, namely: 1. Social Rehabilitation; 2. Mentoring; 3. Empowerment; and 4.Social Assistance. Based on this regional regulation, the authors obtained research results that: 1. Theimplementation of the protection of homeless children is still not optimal; 2. Obstacles in implementing theprotection of homeless children, namely the limited resources owned by the City of Pekanbaru, both humanresources and non-human resources.This research was conducted at Pekanbaru Departement of Human Service and Riau Departement ofHuman Service, while the population and samples were all parties related to the problems studied in thisstudy. The data collection methods used in this study were observation, interviews, questionnaires, andliterature study. Sourcec of data used are primary data, secondary data, and tertiary data.Keywords: Responsibility, Protection, Homeless Children.
Pertanggungjawaban Pidana Jasa Pinjaman Online yang Menimbulkan Tindak Pidana terhadap Konsumen Pinjaman Online Syerin Aurellia; Zulfikar Jayakusuma; Sukamarriko Andrikasmi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Online Lending Services are regulated by The Financial Services Authority(OJK) Number 77/POJK/01/2016 concerning Information Technology-BasedBorrowing and Borrowing Services. When a customer makes an online loantransaction, the desk collector will fill out the customer’s debt. However not a fewof these desk collectors cause criminal acts for their customers, many of theircustomers are constantly threatened by desk collectors so they feel threatened andare afraid of the threats from the desk collectors. Regarding criminal liability, it isoften limited to being borne by third parties. The main issues in this research are:How is law enforcement against Online Loan Services causing criminal actsagainst consumers of online loans; How is the criminal liability of online loanservices that causes criminal acts against consumers of online loans.The type of research used in this research is normative legal research or itcan also be called doctrinal legal research. Normative legal research is library lawresearch. This research is focused on legal principles. The principle of law used inthis research is the principle of expediency. The data analysis used in this researchis qualitative data analysis which will produce descriptive data.From the study results, it was concluded that, first, based on the legalanalysis conducted, law enforcement has not been fully applied to online loanservices as corporations. This is marked by the burden of criminal liability whichis only borne by third parties when it should have been the online loan services whowill take responsibility However, law enforcement is still minimal, even thoughArticle 53 paragraph (1) of the Financial Services Authority Regulation Number1/POJK.07/2013 concerning Consumer Protection in the Financial Services Sectorhas directed this matter. Second, criminal liability so far has only focused on thirdparties, while online loan services as business entities are not subject to criminalliability. This is because regulations regarding online loan arrangements havelimitations in terms of specific rules (lex specialis) which result in online loanservice businesses still being able to operate even though the desk collector hascommitted a crime and has been given a sanction.Keywords: Criminal Liability – Online Loans – Criminal Acts - Consumers
POLITIK HUKUM DALAM PENGANGKATAN TENAGA HONORER MENJADI PEGAWAI PEMERINTAH DENGAN PERJANJIAN KERJA BERDASARKAN UNDANG-UNDANG NOMOR 5 TAHUN 2014 TENTANG APARATUR SIPIL NEGARA Anggi Jukrianto; Dodi Haryono; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Abstract

Very high unemployment rates can cause disruption to security stability.One of the government's actions to reduce unemployment is to open job opportunitiesthrough the procurement of the state civil apparatus. Another problem that arises inaddition to the high unemployment rate is the presence of honorary workers who aremushrooming in various government agencies. The attention of the government is eagerlyawaited and is expected to be able to change their status more clearly and definitely,namely being appointed as civil servants. Law No. 5 of 2014 may also be considered agovernment action aimed at breaking the deadlock on handling unemployment and a wayout for the appointment of honorary workers to be part of civil servants. The purpose ofwriting this thesis, namely; first to find out how legal politics in appointing honoraryworkers to become government employees with work agreements based on Law Number 5of 2014 concerning civil servants. Second to find out how the Regulations for theImplementation of the Appointment of Honorary Personnel to PPPK are conformidablebased on Legal Politics. This type of research can be classified as normative legalresearch, because in this study using literature materials as the main data to analyzecases, and the author did not conduct field research. Data sources used, primary data,secondary data, and tertiary data. The collection technique uses a literature study oflegal materials.From the results of the study there are two main things that can beconcluded. First, There is legal politics in the appointment of honorary workers to PPPKbased on Law No. 5 of 2014 to overcome unemployment problems and provide legalcertainty for honorary workers to be appointed as PPPK. The appointment of honorarystaff is carried out through the stages of planning, announcement of vacancies,applications, selection, announcement of selection results, and appointment to honorarystaff and honorary staff can be appointed as PPPK candidates if they have met therequirements specified in the law. With this mechanism, it is expected that the quality ofservices provided by employees working in government agencies will be better and moreprofessional. Second, The regulations for the appointment of honorary personnel toPPPK are not fully in accordance with the legal politics above. This can be seen from thedetermination of PPPK needs that are not in accordance with the number of honorarypersonnel and various selections made that have not been able to help provide legalcertainty for honorary personnel to become part of ASN. Even honorary personnel whodo not pass the open selection process, then these honorary personnel will lose their jobs.Keywords: Legal Politics-Honorary Workers-Government Employees with WorkAgreements (PPPK)
IMPLEMENTASI PERATURAN MENTERI DALAM NEGERI NOMOR 20 TAHUN 2018 TENTANG PENGELOLAAN KEUANGAN DESA DI DESA SEMUNAI KECAMATAN PINGGIR KABUPATEN BENGKALIS PROVINSI RIAU Markus Lato Munthe; Junaidi Junaidi; Muhammad A. Rauf
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Villages are customary villages and villages or what are referred to by other names arelegal community units that have territorial boundaries that are authorized to regulate andmanage government affairs, local community interests based on community initiatives, originrights, and/or traditional rights that are recognized and respected in system of government ofthe Unitary State of the Republic of Indonesia, Village Financial Management is the wholeactivity which includes planning, implementation, administration, reporting, andaccountability of Village finances. Whereas Village finance means that all Village rights andobligations can be valued in money and everything in the form of money and goods related tothe implementation of Village rights and obligations. In writing this thesis, the author tries toimplement Article 2 of the Minister of Home Affairs Regulation Number 20 of 2018 concerningVillage Financial Management in Semunai Village, Pinggir District, Bengkalis Regency, RiauProvince.The objectives of writing this thesis are: first, to find out the implementation of Article2 of the Minister of Home Affairs Regulation Number 20 of 2018 concerning Village FinancialManagement in Semunai Village, Pinggir District, Bengkalis Regency, Riau Province. Second,to find out the inhibiting factors in the implementation of Article 2 of the Minister of HomeAffairs Regulation Number 20 of 2018 concerning Village Financial Management in SemunaiVillage, Pinggir District, Bengkalis Regency, Riau Province. The research method in this thesisuses a type of sociological legal research, namely research on the effectiveness of laws thatlive in society. The nature of this thesis research is research descriptive which describessystematically, the facts and characteristics of the object studied appropriately. The datasource used is the data source first, seconds and tertiary The data collection techniques in thisstudy were interviews, questionnaires and literature review. After the data was collected, itwas analysed to draw conclusions.Based on the results of the research, the first conclusion can be drawn that theimplementation of the principles of village financial management in Semunai Village, seenfrom the principles of transparency, accountability, participation, as well as orderly anddisciplined budgets, is quite good. participatory in Semunai village, organizers and theSemunai village community understand enough about the principles of village financialmanagement community, and other factors, namely the existence of misunderstandingsbetween the community and the village government regarding the implementation of villageactivities and the provision of village financial information.Keywords: Village, Management, Village Finance
ANALISIS YURIDIS PERATURAN PEMERINTAH NOMOR 109 TAHUN 2012 TENTANG PENGAMANAN BAHAN YANG MENGANDUNG ZAT ADIKTIF BERUPA PRODUK TEMBAKAU BAGI KESEHATAN Agung Pribadi Azhari; Mexsasai Indra; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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One of the problems that is of concern to the author at this time is thecirculation of cigarettes that is not controlled, anyone can consume cigarettes,including those who are not allowed to consume cigarettes, such as childrenunder the age of 18 and pregnant women. In line with Government RegulationNumber 109 of 2012 concerning the Protection of Materials Containing AddictiveSubstances in the Form of Tobacco Products for Health. In GovernmentRegulation Number 109 of 2012 Concerning the Protection of SubstancesContaining Addictive Substances in the Form of Tobacco Products for Health, itappears that there is an intention to put more emphasis on the distribution ofcigarettes.Therefore, researchers conducted research with a normative approach.Normative legal research is legal research conducted by examining secondarydata or library materials consisting of secondary, tertiary, and primary legalmaterials. In Government Regulation Number 109 of 2012 Concerning theProtection of Materials Containing Addictive Substances in the Form of TobaccoProducts for Health, researchers see a deficiency regarding which agency has theright or responsibility to enforce sanctions that apply in the event of circulation ofcigarettes that are not in accordance with applicable law.In the Juridical Analysis of Government Regulation Number 109 of 2012concerning the Protection of Materials Containing Addictive Substances in theForm of Tobacco Products for Health. Urge the Central Government andRegional Governments to deal with the distribution of cigarettes to categories thatare prohibited from consuming cigarettes by adding or inserting articlesgoverning these agencies in Government Regulation Number 109 of 2012Concerning Control of Substances Containing Addictive Substances in the Formof Tobacco Products for Health or by making Regional Regulations governing thedistribution of cigarettes.Keywords: Juridical Analysis-Addictive Substances-Cigarettes-Agency
PELAKSANAAN PERJANJIAN SEWA MENYEWA ANTARA PENYEWA DENGAN CV CAHAYA RENTAL MOBIL DI KOTA PEKANBARU Dayang Putri Ayu; Maryati Bachtiar; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Car rental agreements are often used by the community to fulfill theirneeds, so that the implementation often creates a problem, where the tenantdefaults on the contents of the lease agreement that has been made by the partythat rents out. So that in the end there was a dispute between the two parties. Thepurpose of this study is to find out the process of implementing the agreement, andto know legal safeguards against car rental companies when tenants default.The research method used is a sociological juridical approach that is amethod or method used in legal research conducted directly to the field(interview). Then the results of the study will be analyzed descriptively bycombining data from the results of literature / literature studies and field studies.Based on the results of the study it can be concluded that first, the leasingagreement process carried out by AutoBridal Rent Car rental is a type of writtenagreement between the two parties and is in accordance with Article 1548 of theCivil Code. Second, when the tenant defaults, the company has made severalRepressive efforts in resolving the defaults made by the tenants. One such effort isthrough non-litigation or deliberation / consensus. It is suggested to thegovernment that the arrangement of the leasing agreement be specifically andclearly regulated regarding legal protection for business actors, so that theinterests of business actors can also be protected. To the public to carefully readin advance about the contents of the agreement before signing it, and to theleasing party it is recommended that in making a written agreement not tooburdensome to the tenants.Keywords: Legal Protection, Agreement, Rent a Car
PENGGUNAAN DALIL PEMBELAAN TERPAKSA (NOODWEER) BERDASARKAN PASAL 49 AYAT (1) KITAB UNDANG – UNDANG HUKUM PIDANA (KUHP) TERHADAP TINDAK PIDANA PENGANIAYAAN Selly Salsabila; Mukhlis R; Tengku Arif Hidayat
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Self-defense is a form of human defense in situations that threaten the safety of one'ssoul, decency and property. It is undeniable that this self-defense can also provide losses forperpetrators of criminal acts. Arrangements regarding self-defense are regulated in Article 49 ofthe Criminal Code. In that article it is said that a person who commits an act of defense for life,honor or property both for himself and for others cannot be punished. The purpose of this study,namely: First, criminal responsibility for perpetrators of criminal acts of persecution for self-defense according to Article 49 paragraph 1 of the Criminal Code when viewed from a justiceperspective, Second; the basis for the judge's consideration in the use of the forced defenseargument against the crime of persecution.This type of research can be classified as a type of normative research that examinesthe level of legal synchronization, because in this study the authors conduct research on legalsynchronization to what extent the existing written positive law is in accordance with itsapplication.In the results of research problems there are two things that can be concluded. First,actions committed by someone in the form of self-defense in a state of threat cannot be heldcriminally responsible. Second, there are differences in the judge's decision in passing hisdecision on the perpetrators of the crime of persecution for self-defence, where in the ManadoHigher Decision Number: 10/Pid/2013/PN.Mdo which does not apply Article 49 paragraph 1 ofthe Criminal Code. The author's suggestion, First: that in forming laws - laws provide moreexplanation of the formulation of articles in a more clear and straightforward manner so thatthere is no dualization of meaning by law enforcers and society. So that the meaning in Article49 paragraph 1 of the Criminal Code in particular can be conveyed and applied in cases of self-defense. Second, in making decisions, judges must uphold the principle of legal certainty, but theconcept of justice must be upheld in accordance with one of the objectives of the law itself. Inaddition, judges can also use other assistive sciences to become the rationale for knowing thesubjective elements of the offender.Keywords: Persecution – Forced Defense – Criminal Liability.

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