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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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EFEKTIVITAS PENGGUNAAN KARTU KELUARGA DALAM SISTEM ZONASI PADA PENERIMAAN PESERTA DIDIK BARU (PPDB) SMA NEGERI DI PEKANBARU PUTRI, ANGGIE ANDIKA; Artina, Dessy; Rauf, Muhammad A.
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The zoning system is a policy for accepting new students (PPDB) which iscarried out by determining the zone radius between the school and the placewhere the relevant student lives. One of the objectives of the zoning system itself ismapping students during school registration, besides aiming to equalize thequality of education, eliminate the title of favorite school, improve the quality ofteachers, and reduce the level of traffic congestion.This research was conducted using a qualitative approach, the authorwent into the field to conduct observations and direct interviews with researchinformants. The unequal quality of education equivalent to State High Schools hasbeen a problem that has been occurring for some time. Efforts made to overcomethis problem are the implementation of a zoning system for Admission of NewStudents (PPDB).The PPDB zoning system aims to: a) Ensure that the admission of newstudents is carried out in an objective, transparent, accountable, nondiscriminatory and fair manner in order to encourage increased access toeducational services, b) Ensure the availability and readiness of educational units(state schools, in particular) to be able to provide quality education services, c)Ensure equal access and fair quality of education in each zone/region determinedto be close to where students live, d) Ensure the provision of competent teachingand education staff supported by adequate infrastructure and facilities that can beprovided and used jointly by every educational unit in the designated area/zone.However, in reality, the zoning system has not been implemented wel, due to theineffective use of Family Cards. This is proven by the methods used by thecommunity to continue attending the school which has been labeled as a favoriteamong the community, including the people of Pekanbaru.The conclusion fromthe research is that equal distribution of education using the zoning system hasnot been completely successful, there are several factors causing this to happen.Suggestions from this research is to have an approach to the communityregarding the purpose of implementing a zoning system, so that the communityunderstands and complies with the regulations issued by the government.Keywords: Zoning System, Acceptance of New Students (PPDB)
PENERAPAN FORCE MAJURE DALAM PERJANJIAN ANGKUTAN LAUT ANTARA PT. PELAYARAN KURNIA SAMUDRA DAN PT. ANCARA LOGISTICS INDONESIA Rahayu Silvia Annisa; Maryati Bachtiar; Ulfia Hasanah
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

In sea transportation agreements, there are no escape from disputes such as whatoccurred in the agreement between PT. Pelayaran Kurnia Samudra and PT.Ancara Logistics Indonesia. In the implementation of the agreement, a forcemajeure event occurred which resulted in the fulfilment of achievements beinghampered by PT. Pelayaran Kurnia Samudra. Therefore, the purpose of writingthe thesis is first, to find out the application of force majeure in the study seatransportation agreement between PT. Pelayaran Kurnia Samudra and PT.Ancara Logistics Indonesia. Second, to find out the legal rules in determiningforce majeure in the sea transportation agreement between PT. Pelayaran KurniaSamudra and PT. Ancara Logistics Indonesia.This type of research classified as a type of sociological juridical research. Thelocation located in the office of PT. Pelayaran Kurnia Samudra in Batam City,while the population and sample are all parties related to the problem understudy. This study uses data sources in the form of primary data and secondarydata, and data collection techniques are carried out by interviews.There are two main things that can be concluded. First, the non- fulfillment offorce majeure elements by PT. Pelayaran Kurnia Samudra caused them to have topay for the late delivery of goods due to a lack of sufficient evidence to convincePT. Ancara Logistics Indonesia that there has been a force majeure. Second, todetermine force majeure events, Article 41Paragraph 2 of Law Number 17 of2008 Concerning Shipping can be used a reference that can be used by theparties. The author's suggestion is: Firstly, the parties should pay attention to theimportance of including a force majeure clause clearly in the agreement tominimize losses borne by the parties if a force majeure event occurs. Second, it isrecommended that the government include special provisions governing forcemajeure so that it can be used as reference to protect the interests of the parties sothat there is a balance in the severity of responsibilities and rights.Keywords: Force Majeure – Agreement – Ocean Freight
PERBUATAN MELAWAN HUKUM ATAS PENARIKAN SECARA PAKSA OBJEK JAMINAN FIDUSIA OLEH PT. CAPELLA MULTIDANA Bunga Khairatunisa; Ulfia Hasanah; Meriza Elpha Darnia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Abstract

Unlawful actions refer to any act that violates the law and causes harm to others,obligating the person responsible for the wrongdoing to compensate for the incurred losses. Thecase between Mr. Maman and PT. Capella Multidana involves the forced repossession of Mr.Maman's four-wheeled vehicle due to a 3-month default on installment payments. PT. Capellaused a debt collector without revealing their identity, assignment letter, or membership card fromthe Indonesian Financing Company Association. This study aims to determine whether the forcedrepossession of the fiduciary collateral by PT. Capella Multidana constitutes an unlawful act andto explore potential resolutions.This research is sociological in nature and was conducted at PT. Capella MultidanaPekanbaru City. The study involved three participants: Mr. Maman, Mr. Octa Fadhillah as Mr.Maman's Legal Representative, and the Legal Staff of PT. Capella Multidana. Data collectiontechniques included interviews and literature reviews, utilizing both primary and secondary datasources.PT. Capella Multidana's unlawful actions include the forced repossession of the fiduciarycollateral using a debt collector without proper documentation such as assignment letters,fiduciary deeds, and membership cards from the Indonesian Financing Company Association. Thisact also violated the mutual agreement clause in Article 10 regarding dispute resolution. Mr.Maman suffered losses as a result. The court's decision, with case number 160/pdt.g/pn pbr,ordered PT. Capella Multidana to return Mr. Maman's collateral vehicle. However, PT. CapellaMultidana did not execute the order based on Article 29 of the Fiduciary Guarantee Law, whichincludes direct execution with an executory title, public auction, and private sale. Attempts tonegotiate directly at PT. Capella Multidana's office for a settlement were unsuccessful. Mr.Maman filed a lawsuit that went through the court and the appeal process.Keywords : Keywords: Fiduciary-Withdrawal-Unlawful Actions.
PENEGAKAN HUKUM SITUS JUDI ONLINE DI WILAYAH HUKUM KEPOLISIAN DAERAH RIAU Suhada, Dwi Raman; Erdiansyah, Erdiansyah; Andrikasmi, Sukamariko
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Gambling through online sites has been regulated in Article 45 paragraph (3) of LawNumber 1 of 2024 concerning Electronic Information and Transactions which explains theprovision that every person who intentionally and without rights distributes, transmits and/ormakes accessible electronic information and/or electronic documents that have gamblingcontent as referred to in Article 27 paragraph (2) shall be sentenced to imprisonment for amaximum of ten years and/or a maximum fine of ten billion. However, what is known untilnow is that gambling through online sites is still widely available among the public and hasnot been resolved. This study aims to find out how the law enforcement of online gamblingsites in the Riau Regional Police Jurisdiction.This study uses sociological legal research methods, namely research that wants to seethe correlation between law and society with the gap between das sollen and das sein, datasources are primary data and secondary data consisting of primary legal material,secondary legal material and tertiary legal material. Data collection techniques in this studyare interviews, questionnaires and literature studies as well as data analysis usingqualitative analysis with deductive methods. The respondents were law enforcement officersfrom investigators of sub-directorate V Ditreskrimsus Polda Riau, Riau High Prosecutor'sOffice, and also the Pekanbaru District Court.The results of this research are Law Enforcement on gambling cases through onlinesites in the Riau Regional Police Jurisdiction, including Intelligence Information Collection,Initial Investigation, Formation of Investigation Team, Evidence Collection, Arrest andSeizure, In-depth Investigation, Legal Prosecution, Courts and Verdicts, Execution ofVerdicts, Prevention and Education. And the inhibiting factors include technological factorsand the skills of the apparatus which result in difficulties in identifying who owns the site,then operational cost factors, law enforcement factors, and community factors. The effortsthat have been made are Improving Technology and Skills, Cross-Border Cooperation,Improving Laws and Regulations, Using Advanced Technology, Collaboration with thePrivate Sector, Raising Community Support, and Providing Additional Resources.Keywords: Law Enforcement, Online Gambling Sites, Riau Regional Police
TANGGUNG JAWAB PELAKU USAHA TERHADAP PRODUK MAKANAN TANPA MENCANTUMKAN LABEL TANGGAL KADALUARSA (DI HOME INDUSTRY KECAMATAN BATANG TUAKA KABUPATEN INDRAGIRI HILIR) M. Romy Suryanto; Maryati Bachtiar; Meriza Elpha Darnia
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

The increasingly rapid development of technology is currently influencingproduction activities so that they are able to meet the increasing and diverseneeds of consumers. On the one hand, increasing the use of more advancedtechnology can benefit consumers because their needs will be easily met with avariety of choices. On the other hand, increasingly sophisticated technology doesnot always produce products that comply with safety standards that can beconsumed by consumers and often harms consumers. Like home industry businessactors engaged in buying and selling food products. Home industry businessactors sell food products that do not include expiration date labels in order tomake a profit by not providing clear information to consumers.This type of research can be classified as empirical legal research or whatis usually called sociological research. With the research location being at theFood and Drug Monitoring Center (Loka POM) and Home Industry, BatangTuaka District, Indragiri Hilir Regency, the population and sample are all partiesrelated to the problem under study. This research uses data sources in the form ofprimary data and secondary data, and data collection techniques are carried outby interviews.From the research results it can be concluded that. Firstly, as regulated inArticle 19 of the UUP.. Second, there are legal remedies that consumers can take,namely through litigation and non-litigation. The advice from the author is:Firstly, business actors in running their business should show good faith andprovide clear information regarding the goods and/or services being distributedand try to pay attention to consumer rights and obligations as business actors andthe need for additional human resources as needed to be able to improveperformance of the Food and Drug Monitoring Station. Second, consumers shouldbe more careful in purchasing and consuming food products to avoid danger.Keywords: Home Industry-Expiration Date-Responsibility.
PERBANDINGAN YURIDIS HAK VETO PRESIDEN TERHADAP RANCANGAN UNDANG UNDANG ANTARA INDONESIA DENGAN AMERIKA SERIKAT Nababan, Eprin Erikson; Haryono, Dodi; Akmal, Zainul
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Article 5 Paragraph (1) explains that the President as one of theexecutives has the right to submit bills to the DPR as a legislative institution.Article 20 also regulates the formation of the bill. The joint agreement on thelegislative function in the Indonesian presidential system of government dividesauthority. The refusal made by one party opens the possibility of tension inrelations between the DPR and the President. Second, to find out the similaritiesand differences in presidential veto power on draft laws in Indonesia and theUnited States. Third, to find out the advantages and disadvantages of thepresident's veto power over draft laws in Indonesia and the United States.The research method in this thesis uses a type of normative juridicalresearch, which is research focused on examining the application of rules ornorms in positive law. The nature of this thesis research is descriptive researchthat describes systematically, the facts and characteristics of the object understudy precisely. The data sources used are primary, secondary and tertiary datasources, The data collection method used in this study is the first literature study,is a technique to obtain secondary data through documents related to theproblem, objectives and benefits of research, then after the data is collected thenanalyzed to draw conclusions.Based on the results of research, in Indonesia veto power is the right todeclare rejection of a draft law or to the material of a bill in the planning,drafting, and discussion stages. While in America the veto power is at the stage ofdetermination (approving) The explanation above has explained that in Indonesiathe constitution only gives "a kind of veto power" to the President, but has notgiven the veto power itself to the President directly.Keywords: Veto Rights, President, Draft Law.
ANALISA KEBIJAKAN PENGATURAN JARAK IDEAL KELAHIRAN ANAK DALAM UNDANG-UNDANG NOMOR 52 TAHUN 2009 TENTANG PERKEMBANGAN KEPENDUDUKAN DAN PEMBANGUNAN KELUARGA Khairunnisa Hasibuan; Gusliana HB; Muhammad A. Rauf
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Law Number 52 of 2009 concerning population development and familydevelopment, population is matters relating to the number, structure, growth,distribution, mobility, distribution, quality, and welfare conditions relating topolitics, economics, socio-culture, religion and the environment resident. Inwriting, the author focuses on the ideal spacing of child births in Law Number 52of 2009 concerning Population Development and Family Development. Thepurpose of writing this thesis is first to find out how to regulate the ideal spacingof child births in Law Number 52 of 2009 concerning Population Developmentand Family Development. Second, to find out how the ideal concept of spacingchildren's births in Indonesia is in Law Number 52 of 2009 concerningPopulation Development and Family Development.The author conducted research using normative juridical methods orliterature studies in order to obtain secondary data through documentary studies,namely by studying and analyzing descriptively comparative laws and regulationswith theories that have a relationship to the problems studied.From the results of the study there are two main things that can beconcluded, firstly, the regulation regarding the ideal spacing of child births in lawnumber 52 of 2009 concerning population development and family development isregulated in article 4 and article 21, the second is the ideal concept in regulationspacing of child births in Indonesia in law number 52 of 2009 concerningpopulation development and family development is 18-23 months between twopregnancies is the best and most ideal because the mother has time to recover andreplenish the body's resources.The author's suggestion, in this study, is to suggest that the implementationof the central government and local governments issue further regulations interms of setting the ideal spacing for child births so that there is legal certainty,setting the ideal spacing for child births will have an impact on mothers andbabies so that the health of mothers and babies is maintained and also applies tothe economic, social and cultural sectors of society.Keywords: Policy, Ideal Distance of Child Birth, Law Number 52 of 200.
KESEIMBANGAN HAK DAN KEWAJIBAN PARA PIHAK PADA TAHAP PRA-KONTRAKTUAL INFORMED CONSENT DI RUMAH SAKIT ZAINAB PEKANBARU Ruziqna, Ananda; Firdaus, Firdaus; Dasrol, Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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The balance of the parties at the pre-contractual stage of informed consent at ZainabPekanbaru Hospital is interesting to study in depth. This is because there are still manyincidents where the patient and the hospital have not maximized the implementation ofthe pre-contractual stage even though informed consent has been carried out. Thepurpose of this study is, First, to find out how the balance of the parties is applied in thepre-contractual Informed Consent stage at Zainab Hospital Pekanbaru. Second, find outwhat conditions lead to non-fulfillment of the balance between the parties in the InformedConsent pre-contractual stage at Zainab Pekanbaru Hospital.This research uses the type of empirical legal research or sociological legal research.The sample in this study was Doctor, Nurse, and Patient of the Zainab Mother and ChildHospital, Pekanbaru City. The analytical tool in this study is a qualitative method. Thisstudy found that there were things that were less than optimal in reality on the ground,so it was necessary to anticipate them with maximum effort.This study concludes that, First, the application of the principle of balance of the partiesin the pre-contractual informed consent stage at Zainab Pekanbaru Hospital in fact, notreached balance. The hospital has tried its best to implement the principle of balance asbest as possible, but there are some patients who have problems implementing theprinciple of balance. Second, the situation that caused the principle of balance betweenthe parties to not be fulfilled in the pre-contractual stage of informed consent at ZainabHospital in Pekanbaru was caused by both parties. First, the circumstances that causethe patient's principle of balance to not be fulfilled consist of three causes, the first is thepatient's lack of knowledge of his rights and obligations. This is divided into 3 causes,namely the patient's level of education and experience, lack of information and socialculture and economics. Second, the patient does not provide honest and completeinformation about the disease he is suffering from. Third, the patient does not understandthe doctor's explanation, this is caused by 3 things, namely, the influence of age, theinfluence of education, the influence of work and at the pre-contractual stage, informedconsent was not explained. Second, the situation that causes the doctor's principle ofbalance to not be fulfilled, in the patient-doctor relationship, communication is active-passive. Doctors are active and patients are passive and only answer when asked or actafter being ordered by the doctor. The communication conveyed is also not clear, becausepatients lack medical terminology, and doctors do not provide opportunities for patientsto ask further questions about their medical condition.Keywords: Informed Consent – Balance – Pre Contractual
REFORMULASI PENGATURAN TINDAK PIDANA PENCUCIAN UANG DENGAN MODUS CRYPTOCURRENCY DI INDONESIA Muhammad Harifki; Davit Rahmadan; Sukamarriko Andrikasmi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Money laundering now covers many aspects and is developed in such a way and in linewith technological developments. Perpetrators of money laundering crimes use technologicaladvances as weapons and banking financial service providers as a place to store the proceedsof money laundering. One of them is the Cryptocurrency Mode which is currently widelycirculating in society. The development of Cryptocurrency has given rise to new methods inCryptocurrency as a new phenomenon in terms of payment transactions.This research is normative legal research. This is based on library research which takesquotations from reading books, or supporting books that are related to the problem to beresearched. This research uses secondary data sources consisting of primary, secondary andtertiary book materials. This research also uses qualitative data analysis and producesdescriptive data.From the results of the research and discussions carried out, several conclusions wereobtained, namely: First, the importance of additional regulations related to the criminal act ofmoney laundering using Cryptocurrency mode in Indonesia is considered important because itis currently widely used by Indonesian society. Second, the ideal regulation regarding thecriminal act of money laundering using the Cryptocurrency mode is to include elements of thelaw on money laundering. The author's suggestion is that there is a need to strengthen theauthority of law enforcement officials in eradicating criminal acts of money laundering usingCryptocurrency mode as well as giving more concrete attention to the formation of special lawsthat regulate Cryptocurrency as part of criminalization in Indonesia.Keywords: Reformulation, Money Laundering, and Cryptocurrency
STRATEGI PENANGANAN PELAKU KEJAHATAN TERHADAP KESUSILAAN AGAR TIDAK MENJADI RESIDIVIS Latifah Alkhairiyah; Mukhlis R; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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The large number of recidivist cases of crimes against morality that haveoccurred in Indonesia in recent years have raised concerns among the public.Based on data from the Directorate General of Corrections under the Ministry ofLaw and Human Rights in the last six years (2017-2022), there has been a verysignificant increase in the number of recidivist cases of crimes against moralityfrom year to year. The increase in recidivist cases shows that the handling andtraining for compensation for crimes against morality in Indonesia has not beeneffective enough in providing a deterrent effect to perpetrators of crimes againstmorality, so that perpetrators still dare to repeat crimes against morality. The aimof this thesis is firstly, to describe cases of recidivist crimes against morality andtheir current handling. Second, to develop strategies that can be implemented inhandling perpetrators of crimes against morality so that they do not becomerecidivists who commit crimes against morality.This research uses a normative juridical approach, where this researchfocuses on studying legal principles, especially the legal principle of the purposeof punishment, namely the legal principle of expediency in handling and trainingperpetrators of crimes against morality. The approach taken was to use qualitativedescriptive analysis techniques, in data collection the literature review methodwas used. The data sources used are primary and secondary legal materials.The conclusions obtained from the research results are first, based on thefacts and data found, there are still many shortcomings and defects in handlingperpetrators of crimes against morality, this is based on the increasing data onrecidivism cases of crimes against morality in Indonesia in the last six years, thehigh numbers reveal section in public spaces and even in schools, the rights andobligations of each compensation are the same and equal without consideringbecause the driver committed a criminal act. The latest solution from theGovernment is in the form of additional punishment of chemical castration, butuntil now it has not been implemented properly and correctly due to the manydynamics chemical castration punishment. Second, the strategy that researcherscan offer is to make improvements to the existing improvement training system inIndonesia. Researchers offer a solution in the form of holding specialpsychological and psychiatric rehabilitation facilities to lead criminals to decency.Where the development of psychological and mental health will be something thatis taken into consideration in freeing the perpetrator after the end of the prisonterm.Keywords: Strategy-Handling-decency-recidivism

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