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Pengaruh Pemberantasan Illegal Fishing Di Perairan Indonesia Terhadap Hubungan Bilateral Indonesia Dengan Negara Lain Ginting, Erina Bibina Br; Indra, Mexsasai; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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At first, the free sea voyage is open to everyone as well as the arrests of fish, but in the centuriesfifteenth and sixteenth periods where there is the great maritime discoveries by European sailors.Indonesia is the world's largest maritime countries that have vast seascape with thousands oflarge and small islands from Sabang to Merauke. Indonesia with a territory composed of 17,000islands, islands with a coastline of 81,900 km, and the area of water reaches 5.8 million km2have a great vulnerability in relation to the territory. Unfortunately, the vast potential of theoceans has not been able to be maintained to the maximum, while the activity of exploitingIndonesia's marine area for the purposes of exploration and exploitation of the economicpotential of the sea and marine transportation services is increasing, so the greater the potentialfor offense.Illegal fishing activities are most frequent in Indonesia is a fisheries management area of illegalfishing by foreign fishing boats hereinafter abbreviated as (KIA), which comes from severalneighboring countries. Formal legally illegal fishing by foreign vessels in the waters of Indonesiacan be categorized as an extraordinary crime. The main violations of sovereignty. The entry offoreign vessels illegally fishing in Indonesian territorial sea can be categorized endanger thepeace, good order or national security. The purpose of this thesis are: First, the process of lawenforcement at sea Indonesia against foreign fishing vessels that have violated the law, Secondly,Constraints and Indonesia's efforts related to law enforcement at sea Indonesia, Third, lawenforcement Effect Indonesia to bilateral relations. This type of research can be classified intotypes of normative, namely the study of the principles contained in international and nationallaw.This study uses primary data, secondary data and data tertiary data collection techniques inresearch with the literature study. From the research, there are three main things that can beinferred. First, the government is more likely to burn and sink the ship rather than confiscated forstate assets, this action is considered able to provide a deterrent effect for offenders IllegalFishing. Second, the constraints faced by the government are limited facilities and infrastructureso it can not oversee the territorial waters of the maximum, there is also some debate amongrelevant authorized agencies authority of each institution are often collide. Third, the foreignfishing vessel sinking a few countries that protested, and therefore it is important for thegovernment to immediately make the rules of national law governing bail bond, so as not toburden the future position of Indonesia in the international scope.Keywords: Eradicate -Illegal Fishing- Relationship- Bilateral
PERTANGGUNGJAWABAN PEMERINTAH TERHADAP CAGAR BIOSFER GIAM SIAK KECIL BUKIT BATU BERDASARKAN HUKUM LINGKUNGAN INTERNASIONAL Ira Gesima Sirait; Firdaus '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Biosphere Reserves are ekosisem mainland and coastal or ocean or a combination of more than one type of ecosystem, which is internationally recognized as part of the Man And Biosphere (MAB) Programme of UNESCO in accordance with the legal framework. Biosphere Giam Siak small rocks were designated as a Biosphere Reserve in the 21st Session Session Of The International Coordinating Council Of theman And the biosphere is one of 22 locations nominations proposed by 17 countries. Biosphere Giam Siak Kecil-Bukit Batu has advantages as the largest peat swamp forests, but the management and protection of the region is very poor, it is proved by the destruction of the heritage area due to human activities that have an impact on air pollution and has been designated as a national disaster. Based on the above description, the problem can be formulated as follows: First, How is the implementation of the responsibilities undertaken by the government of the region of the biosphere reserve in accordance with international environmental law? Secondly, The extent to which the government's efforts in implementing Article 9 of the Seville Strategy 1995 on the network of biosphere reserves?This type of research can be classified into types of normative juridical, namely the study of the principles contained in the International and National Law. From the research, there are two main things that can be inferred. First, the Government has taken concrete steps in order to biosphere reserves, namely the presence of Riau Governor Decree No. Kpts. 920 / V / 2010 Date of May 14, 2010 on the establishment of the Management Coordination Agency GSK-BB Biosphere Reserve. The decision contains Coordination and its partnership between the manager who has an interest. Each party involved in the management team reserves giam siak biosefer small rock hill has roles and responsibilities of different but interrelated. However, the implementation, the Government did not carry out their roles and responsibilities to the maximum so that the biosphere reserve is damaged and bad. ; Secondly, Based on the mandate of the Seville strategy, if reserves were damaged and not functioning as it should, then the government has the responsibility to perform the restoration effort, however based on the data obtained, the government did not implement the program for reserve recovery seriously and quickly. Suggestions Author, First, management of funds (trust fund) that is transparent to carry out activities Coordinating and managing the reserve It needs a special Budget allocation for the management of biosphere reserves. Second, a special team should be formed outside the biosphere reserve of the existing government institutions, so as to maximize its performance and focused. If there should be rules regarding sanctions for a team that does not perform its responsibilities.Keywords: Biosphere - Responsibility - Strategy seville
Peran United Nations High Commissioner For Refugee (UNHCR) Dalam Perlindungan Warga Negara Asing (Pengungsi) Di Indonesia (Kajian Warga Negara Asing Di Rumah Detensi Imigrasi Kota Pekanbaru) Simatupang, Princen; ', Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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The development of transportation technology, information and communication encourage the emergence of problems in international law, such as refugees. Displacement and the easier movement of people has also become one of the factors triggering population migration. It became part of the development and dynamics of international law. Strategic Location of Indonesia, causing Indonesia was the destination of refugees. is protected by the Vienna Convention of 1951 on refugees and its 1967 Protocol regulates these refugees. Obligations of the country of origin is no longer able to protect the basic rights of citizens will be taken over by the international community. Efforts are needed to guarantee and ensure that the basic rights of a person to be protected and respected. International Refugee status granted after he declared it worthy of its status as an international refugee by those competent provide such status. In the case of granting such a status we know the two parties, namely the United Nations High Commissioner for Refugee for those who have not yet ratified, and the country for which has been ratified. Kebaradaan immigration detention centers in Indonesia, one of them in the city of Pekanbaru, is in order to run perinta 1951 Convention.Issues that will be examined in this study are: First, How UNHCR Role in Providing Legal Protection for Foreign Nationals (IDPs) in Indonesia (Study foreigners in the detention center Pekanbaru City)? Second, Do Barriers UNHCR in Providing Legal Protection for Foreign Nationals Refugees) in Indonesia (Study WNA In Rudenim Pekanbaru City)? Third, efforts Which Is Taken UNHCR to Address Legal Protection for Foreign Nationals (IDPs) in Indonesia (Study WNA In Rudenim Pekanbaru City)?This type of research is a sociological law research. Source of data used are primary data and secondary data, data collection techniques using interview, and literature study. In this study the authors used a qualitative analysis, in drawing conclusions using inductive method of thinking. Results from this study were first, Role of UNHCR participation in, and implementation of, the Convention and refugee law, Secondly, UNHCR obstacle is lack of co-ordination to the government as well as the difficulty in obtaining information about the valid data Thirdly, UNHCR efforts is to promote the application of refugee law , Suggestions of authors First, UNHCR must increase its human resources in order to support the performance and supervision of UNHCR to Rudenim, Second, UNHCR should memberbaiki existing coordination in the field to the government or the detention center. Third, efforts UNHCR is by approaching and counseling to foreigners.Keywords: Refugees-UNHCR-House Immigration Detention
PERANAN PERADILAN PERIKANAN DALAM KASUS PENCURIAN IKAN DI WILAYAH KEPULAUAN RIAU Tuah Kalti Takwa; Erdianto '; Lady Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Geographical condition of Indonesia as a country that two-thirds of marine waters is composed of marine coastal seas, sea bays and straits give Indonesia the abundant riches, in terms of want to keep and preserve natural resources and biodiversity it is necessary judicial fisheries as one efforts to combat illegal fishing that occurs in the region of Riau Islands. Based on this understanding, the authors of this paper formulated the three formulation of the problem, namely: first, how the judicial role of fisheries in the theft of fish that occur in the Riau Islands? second, what are the barriers faced in overcoming the judicial fishery poaching in the Riau Islands? third, whether the efforts made by the judiciary in addressing illegal fishing fisheries that occur in the Riau Islands?The research method in this study, first, this kind of research is legal juridical sociology because in this study the authors directly conduct research on location or place ditelitit to provide complete and clear picture of the issues researched, the study was conducted in the District Court Cape nut, while the sample population was a total party related to the issues examined in this study, the data source used, primary data, secondary data, and the data tertiary data collection techniques in this study by observation, interview, and literature study.From the research, there are three main things that can be inferred. First, that Indonesia is very serious in combating illegal fishing that occur in Indonesia. by following the Law No. 45 of 2009, the Fisheries Justice in this case the judicial role of fisheries has contributed greatly to the handling of cases that continues for all cases of illegal fishing. Second, barriers encountered in the judicial role of fisheries in the case of illegal fishing in the area is Riau Islands, the lack of human resources in terms of number and quantity, the amount of which is owned by their respective regulatory agencies, are still limited means of infrastructures and budgets, yet orderly licensing that provides opportunities the occurrence of forgery permission. Third, the efforts made by the judicial fisheries in the case of illegal fishing in the Riau archipelago budget increase for supervisors and law enforcement agencies, conducted socialization to the community, the Act is to be synchronized, modernization of fishing vessels, vessel license restrictions. First author's suggestion to the court by the fisheries Act that have not been synchronized to remain steadfast in their duties, the Second to the ministry of marine fisheries and water police to be more assertive in the taskKeywords : Role - Justice Fishing - Fish Theft
ANALISIS TANGGUNG JAWAB BANK TERHADAP NASABAH PADA PRODUK INVESTASI REKSADANA Herman, Emillia; Lesatari, Rika; Hendra, Rahmad
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Besides banks as intermediaries in capital markets, is used as a place to deposit funds of its customers, the storage function is referred to as the custodian bank. In fact some of the Bank transferred all responsibility to the customer. Based on this, the authors are interested in doing legal research shaped thesis with the title "Analysis of the Responsibilities Bank to the Customer on Mutual Mund Investment Products". The purpose of this research to determine the responsibility of the Bank and determine legal consequences for the Bank which transferred all of the responsibility to the Customer. This study use normative research method that emphasizes the principle of legal equality. Bank responsibilities arise if there are errors or omissions bank in maintaining and taking care of customer funds, as defined in rule legislation in the field of mutual funds. Legal consequences for banks which transferred the entire responsibility to the customer is null and void and the bank should be responsible to restore the Customer to same situation with there never was an agreement. Banks that are still expected to perform the entire transfer of responsibility to the customer can improve its internal regulations to make it same with mutual fund’s law in Indonesian. It is hoped that a more litigious Customer, so they can choose a bank that does not include a clause on transfer of all responsibility to the Customer, it is certainly also can encourage banks not to transfer the entire responsibility of the customer.Keywords: Responsibility Bank - Investment Products - Mutual Funds.
TINJAUAN YURIDIS WANPRESTASI TERHADAP PELAKSANAAN PERJANJIAN PEMBIAYAAN KENDARAAN MOBIL TOYOTA PADA PT OTO MULTIARTHA FINANCE PEKANBARU S, Esrahethi; Hanifah, Mardalena; Hendra, Rahmad
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Consumer financing is financing activities for the procurement of goods based on the needs of consumers with payment in installments. "One is a consumer finance company PT Oto Multiartha Finance Pekanbaru. Implementation of consumer financing agreement by PT Oto Multiartha Finance Pekanbaru with debtors (customers) create an obligation that must be carried out according the agreement debtor in chapter 10, among others: will not sell, rent, transfer, and do not damage the object of the agreement. In fact the debtor does not meet the achievement, where many of the objects were damaged when the agreement so that the company pulled wansprestasi debtor. Formulation of the problem in this research is how the implementation of consumer financing agreement with PT Oto Multiartha Finance Pekanbaru ?. if the debtor defaults barriers in consumer financing agreement with PT Oto Multiartha Finance Pekanbaru ?. whether the efforts made by PT Oto Multiartha Finance Pekanbaru? This type of research is Juridical Sociological. The nature of this research is descriptive. This research was conducted at PT Oto Multiartha Finance Pekanbar in Jalan HR Soebrantas No. 88 Panam. The conclusion in this study. First, the implementation of consumer financing agreement by PT Oto Multiartha Finance pekanbaru not be separated from the obligation of the debtor, in fact the debtor defaults. Second, the debtor defaults can not be separated from the barriers - barriers such as: accidents. The third attempt was made to withdraw and the debtor is obligated to pay any losses creditors within 14 days. Suggestions author, PT Oto Multiartha be more careful of the characters that will be the consumer. Consumers are aware of their obligations and do not commit acts prohibited by the company. Law on consumer financing more clearly on the rights, obligations, and sanctions against both parties. Keywords: Consumer Finance-Wanprestasi- Withdrawal
PENYELESAIAN KREDIT MACET YANG TERJADI PADA KREDIT USAHA KECIL INFORMAL PADA PT.BPR KHATULISTIWA BONJOL KANTOR PUSAT DI KECAMATAN LUBUK SIKAPING KABUPATEN PASAMAN PROVINSI SUMATERA BARAT Hendrico Rahmat; Maryati Bachtiar; Dasrol '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Banking institutions is a financial intermediary, which means that banks can obtainfunds from the parties that have many funds are then channeled to those who need funds.Once the magnitude of the role of money in meeting the needs, ways to earn money as asource of revenue through the proposed loans to banks and other financial institutions. RuralBank business one of which is providing credit, the practice of granting credit to customersthere are problems facing the bad credit. PT.BPR Khatulistiwa Bonjol has some kind ofcredit one of them is an informal small business loans, small business loans are used byborrowers to informal working capital or investment, which is beneficial to the debtor. In theinformal small business lending to customers there are problems of bad loans made bycustomers PT.BPR Bonjol Equator and needed resolution.The purpose of this thesis How does the process of resolving the bad debt problemthat occurs in informal small business loans on the PT.BPR Khatulisitwa Bonjol snag in thedistrict headquarters Lubuk Sikaping, Are the factors that cause bad credit happens to smallbusiness loans in the informal PT.BPR Khatulisitiwa Bonjol headquarters in district LubukSikaping, What are the obstacles that occur in the process of settlement of bad loans whichoccur in informal small business loans on the PT.BPR Khatulistiwa Bonjol snag in thedistrict headquarters Lubuk SikapingFrom this research it can be concluded that the first step taken by PT.BPRKhatulisitwa Bonjol in dealing with bad loans that occurred in informal small business loansis sending warning letters, perform settlement, sells credit guarantee is the latest step takenby PT.BPR Khatulisitiwa Bonjol, factors that cause bad credit happens to small businessloans in PT.BPR Khatulisitwa Bonjol informal headquarters in the District Lubuk Sikaping isabusing Debtor informal small business loans, impaired health Debtor, Debtor less able tomanage credit in developing, the debtor's bad faith in the resolution of bad debts, barriersthat occur in the process of settlement of bad loans which occur in informal small businessloans on the Equator PT.BPR snag in the district headquarters Lubuk debtor Sikaping is badfaith, the Equator PT.BPR Bonjol must be able to draw up a mature and predictable planningcarefully for the future business prospects of the debtor, the debtor in order to have a highawareness to fulfill its obligations to the bank and the debtor perform well before bank loansto the debtor should be able to estimate whether the development effort can pay the loancredit.Keywords: -Settlement -Bad credit -Informal small business loans
AKIBAT HUKUM TERHADAP PERJANJIAN JUAL BELI OBYEK JAMINAN FIDUSIA (MOBIL) YANG DILAKUKAN DI BAWAH TANGAN ANTARA DEBITUR DENGAN PIHAK KETIGA TANPA MELALUI LEMBAGA PEMBIAYAAN (STUDI PUTUSAN PENGADILAN NEGERI PEKANBARU NO.29/PDT-G/2014/PN-PBR) Saraswati, Ivoni; Bachtiar, Maryati; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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At the current time, the purchase of goods can be made in cash or credit. Credit as an alternative way in which to meet the needs of the people is one example of financial services products. In UU No. 42 of 1999 on Fiduciary, to ensure the security of credit implementation process, the credit object can be registered into places Fiduciary. When the process of implementation of payment credits pengangsuran, can occur alienation process object Fiduciary conducted debtor to another party, or known as the credit over. Diversion are performed by the debtor to third parties are often not notified to the financing institutions. Diversion is done only through agreement under hand, which according to the rules can only be strong evidence when the parties do not recognize or deny his signature. When a third party take care of the administrative process Object Fiduciary, problems will arise when one party disappeared in the process of Fiduciary Object that without going through Financing Institution.Issues that will be examined are: First, What is the legal effect of the purchase agreement Fiduciary Object (car) conducted under the hands of the debtor with a third party without going through a financial institution? Second, whether the consideration of judges in giving judgment in Case 29 / PDT-G / 2014 / PN-PBR has been in accordance with the principle of legal certainty?This type of research is a normative legal research. Discussing about the legal analysis that is recorded in the book. The data used is literature study include among other official documents, books, research results so forth. Data was analyzed qualitatively in drawing conclusions using deductive thinking.Results from this study were first, Effects of the transfer object Fiduciary conducted under the hand without going through a financial institution is the agreement null and void because it conflicts with the law. Second, consideration of the judge in deciding Case No.29 / PDT-G / 2014 / PN-PBR does not meet the principle of legal certainty. Suggestions of authors First, the transfer of the object through the fiduciary must Financing Institutions and using authentic deed Second, the judges ruling should satisfy the principle of legal certainty, without neglecting the rules of law.Keywords: Financing Agency-Fiduciary Transfer of Object-Under Hand
ANALISIS YURIDIS TERHADAP KLAUSULA BAKU PERJANJIAN PEMBIAYAAN KONSUMEN PT. BIMA MULTI FINANCE PEKANBARU BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 2009 TENTANG PERLINDUNGAN KONSUMEN Mila Puspita Sari; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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The law is supposed to provide justice, because justice that the purpose of the law. Therefore already seyogianya when the laws governing credit institutions financing agreement also gives justice to the parties. In this connection, the contents of the clause-clause agreement between the credit institution and the customer Debitor financing cannot be based only upon the principle of freedom of contracts only. How Setting the raw clause in the agreement? How does the consumer agreement PT. Bima Multi Finance Soweto against law number 8 of 1999 challenge shield cover Consumers?This research will examine the subject matter of the problem in accordance with the scope and problem identification through juridical normative approach is a research that discusses the principles of law, systematic way of law, legal history and the synchronization level law, and comparative law. In this study the author examines the subject of legal arrangements regarding the synchronization level agreement against the raw clause with consumer protection.The provisions of clause making the ban on raw for the perpetrators of such effort in letter e of Article 18 paragraph (1), seem to need to be revised anyway. The prohibition for businessmen to make raw clause in the letter e should not only deal with the loss of usefulness of the goods or the utilization of services purchased by consumers, but also reduced the usefulness of the subject goods or services. So the full sound of the ban that is, "set the subject of proof over the loss and reduced the usefulness of the barangatau utilization of services purchased by consumers". When the ban on raw clause is limited only on the subject of usability of goods or services in a clause of standart.Keywords: Agreements, Standards, Consumer Protection
PELAKSANAAN PEMBERIAN ASURANSI TERHADAP KORBAN KECELAKAAN LALU LINTAS OLEH PT. JASA RAHARJA DI KOTA PEKANBARU Kristina, Nova; Bachtiar, Maryati; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Transportation has a very broad role and importance for the economicdevelopment of the nation. Developments in science and technology especially in thefield of traffic and transportation, it not only provides benefits and positive influenceon the behavior of people's lives, but it can also have negative impacts, such as theemergence of problems in areas such as traffic accidents.The government through the Law. 34 Year 1964 on Road Traffic AccidentFund provides insurance benefits for victims of traffic accidents, which in thisimplementation is left to the PT. Jasa Raharja (Persero). Duties and responsibilitiesare to collect funds from the public through donations compulsory motor vehicleowners are performed each year, and thereafter is channeled back to the communitythrough the insurance compensation to the victim or the victim's heirs, which aim toreduce the burden of costs due to road traffic accidents, which given the amount ofcompensation has been set in the Regulation of the Minister of Finance DecreeNo.36/PMK.010/2008 of Great Benefit and Contribution Compulsory Road TrafficAccident FundKeywords : Insurance, Road Traffic, Accidents

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