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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
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PEMUTUSAN HUBUNGAN KERJA SEPIHAK ANTARA PT. INECDA KEBUN SEBERIDA DENGAN TENAGA KERJA BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN Nuraini Pane; Mardalena Hanifah; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Termination of Employment for workers is a beginning of unemployment for workers with all its consequences. That's why the termination of employment often led to disputes between the companies with a workforce that industrial relations disputes. If the layoffs, the implementation must be in accordance with the provisions of the applicable law, the violation occurred at the PT. Inecda Gardens district Seberida Inhu, Rengat. Industrial disputes between workers and employers is due, the implementation of the termination of employment by the employer is not accompanied by the applicable law by conducting summary dismissal, the workers through the labor court, demanding that PT.Inecda rehire workers in the enterprise.Problem formulation in this research is how the mechanism of termination of employment between PT. Inecda with labor ?. Whether termination is incompatible with applicable laws ?. Is the legal remedy that can be done against arbitrary termination? The benefits of the berry research is the first to use theoretical benefit is as a support in pembendaharaan law science especially in employment law and as consideration for the next study, both practical benefits PT.Inecda as information and reference materials, labor better know their rights and responsibilities, and the public to know more information about the labor problems and.Based on the research results, it be concluded that termination of employment that do not comply with this PT.Inecda termination mechanisms that exist in the company's own rules and not in accordance with the provisions of Article 151 and Article 161 of Law Number 13 Year 2003 on Employment and also Act No. 2 of 2004 concerning Industrial Relations Dispute Resolution. Efforts made in the completion of termination of employment is subject to keputuan properly, which is in essence the termination of employment, termination of employment can not be done without the approval of a court settlement of industrial relations and without the consent of both parties. Thus settlement through the industrial relations court authorized to hear and give the verdict against industrial disputes.Keywords: RelationsEmployment Terminatio-Labor- PT.Inecda
TINJAUAN YURIDIS TERHADAP FIDUSIA ULANG OBJEK TANPA ROYA FIDUSIA BERDASARKAN UNDANG – UNDANG NOMOR 42 TAHUN 1999 TENTANG JAMINAN FIDUSIA Opia Rendra; Maryati Bachtiar; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Fiduciary as one form of security institutions are regulated in Law Number 42Year 1999 on Fiduciary expected to meet the legal requirement that can be furtherspur national development and to ensure legal certainty and be able to provide legalprotection for interested parties. However, legal certainty which is the goal of thislegislation is still far from expectations. Roya fiduciary arrangements regardingquestionable to be implemented by all recipients of fiduciary need to beaccommodated immediately. Objects fiduciary guarantee that no fiduciary possibilityroya trigger reset if the object is returned as collateral and this will lead to legalconsequences for fiduciary giver.This type of research can be classified into types of normative legal research isresearch literature, which focused on the discussion of the principles of law. Thisresearch led to the assessment of the legislation is Law Number 42 Year 1999 onFiduciary and other legislation relating to fiduciary.The conclusion that can be derived from the research is the First, the legislationregarding the fiduciary not provide legal certainty associated with Roya fiduciaryobligations as yet firmly in the regulation so that the fiduciary still possible re-occur.Secondly, Effects of fiduciary acts on objects that have not been re roya fiduciaryform a second creditors lose the right preferent and the imposition of criminalpenalties to providers fiduciary fiduciary should be charged to the recipient.Suggestions authors of the problems studied is the First, is expected toimmediately confirm the arrangements regarding fiduciary roya in the legislationconcerning fiduciary for the creation of legal certainty roya fiduciary. The second areexpected to providers fiduciary fiduciary to ensure recipients have done royafiduciary fiduciary to the object in order to escape legal consequences in the form ofcriminal punishment.Keywords : Roya Fidusia-Object Guarantee-Fidusia Repeat
PERALIHAN HAK ATAS TANAH TANPA MELALUI PEJABAT PEMBUAT AKTA TANAH BERDASARKAN PUTUSAN PENGADILAN (PERKARA NOMOR:156/Pdt.G/2011/PN.PBR) Radius Lase; Maryati Bachtiar; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Under the terms of the applicable purchase of land rights must be donebefore PPAT but in everyday life was still a lot going on transfer of rights on landthat was done under the hand in the sense of not carried out according toregulations, such things surely would be very detrimental to the buyer , becausehe can only control the rights to land just physically but not legally. Last holdersrequesting decisions regarding selling without PPAT deed, the District CourtPekanbaru used as the basis for recording a transfer rights in the District LandOffice / Municipality.This research method used is normative. Normative law research method isthe method or methods used in legal research done by examining existing librarymaterials. This study discusses the law synchronizing data used is secondary data,ie data that support the information or support the completeness of the primarydata is done by means of literature or literature. Data analysis used the normativequalitative analysis presented in narrative form further analyzed to obtain claritysettlement of the problem, then the conclusions drawn deductively, from the thingsthat are common toward the things that are special.Results from this study is the Basic Legal Considerations Pekanbaru DistrictCourt Judge Case Number: 156 / Pdt.G / 2011 / PN. PBR is not yet synchronized,since the court decision has permanent legal force, it has the same effect andfunction of the deed of sale made by PPAT.Consequently Court Decision No. 156 / Pdt.G / PN.Pbr can be used asevidence to be recorded in the land book and flipped called a certificate on behalfof the buyer. land court judge in the District Court should be the Chairman shouldbe able to issue a "determination", not a "decision". Court Decision No. 156 /Pdt.G / PN.Pbr and binding is used as a basis for the transfer of land rightsrecorded in the land book and flipped called a certificate on behalf of the buyer aslast rights holders so that the rights of the buyer gets legal certainty on the land.Keywords: Transfer of Rights, Court Decisions, Purchase
KEDUDUKAN PERSEROAN TERBATAS PAN UNITED DALAM PERKARA KEPAILITAN YANG DILAKUKAN OLEH KOMISARIS PERSEROAN TERBATAS PAN UNITED ( STUDI PERKARA KEPAILITAN NOMOR 14/ PAILIT/ 2011/ PN. NIAGA MEDAN) Hutagaol, Ririn Erida; Hanifah, Mardalena; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Bankruptcy in Indonesia is regulated in Law Number 37 Year 2004 on Bankruptcy and Suspension of Payment. Limited liability company has an organ that has the authority and responsibility of its own which is stipulated in the Articles of Association and Law Number 40 Year 2007 on Limited Liability Companies. This never happened in the Limited Liability Pan United that bankrupted by Chee Kong Chui, through the decision of the Commercial Court of Medan in Case No. 14 / Pailit / 2011 / PN. Medan Niaga, the verdict PT. Pan United appealed to the Supreme Court of the Republic of Indonesia, the Supreme Court accepted the appeal application PT. Pan United and Commercial Court canceled the verdict of the Supreme Court of Medan via Decision No. 188 / KPdt.Sus / 2012.As for the purpose of this thesis are: First, What is the status Limited Liability Company in the bankruptcy case number 14 / Pailit / 2011 / PN. Medan Niaga; second, How considerations bankruptcy judge in case number 14 / Pailit / 2011 / PN. Medan Niaga is already with the provisions of applicable law. This type of research can be classified on the kind of normative juridical research, because this research can be classified in this type of research on library materials. Source of data used is primary data, secondary data and data tertiary data collection techniques in this research study of literature. Analysis of the data used in this study is qualitative.The results showed that: First, the position of Limited Liability Pan United is not the debtor of the applicant Kong Chee Chui clearly that the Commissioner Song Ghee Hong outside kewenagannya acts as commissioner and PT. Pan United did not exist receive the loan money. This is made clear in Article 45 Code of Commerce and Article 1656 of the Civil Code. Second, the considerations of judges at the Commercial Court of Medan has misapplied the law by deciding PT. Pan United's bankruptcy with all the legal consequences. See the position of PT. Pan United that is not a debtor of Chee Kong Chui. Considerations Judges of the Supreme Court in ruling No. 188 / KPdt.Sus / 2012 which has the right to annul the decision of the Commercial Court of Medan.Advice, Before doing borrowing money agreement, creditors must make Deed agreement between the creditor and the debtor prior to clearly understand the purpose and intention of borrowing money by knowing the position of the Borrower. The commercial court as the court who coined the authority to hear the case of bankruptcy should be right in deciding a case of bankruptcy in order to provide legal certainty to both parties in resolving casesKeywords: Position- Limited company-Commissioner Bankruptcy
PERJANJIAN JUAL BELI TENAGA LISTRIK PRA BAYAR ANTARA PELANGGAN DENGAN PT. PLN AREA PEKANBARU (PERSERO) RAYON PANAM Hasanah, Ulfia; Cia, Rusdah; Hanifah, Mardalena
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Electric power services being developed by PT. PLN (Persero) is currently the prepaidservices of electric power, the customers who use electric power prepaid services both newcustomers and migrated customers from electricity users postpaid to prepaid electricity usershave to register first to the nearest PLN office or to the official website of PLN. After registering,there will be an agreement between PLN with the customers to conduct the electricity purchase.However in fact, not all of the pre-paid electricity uses the purchase agreement, for examplethere are some customers who are late for 2-3 months late in paying accounts, and there is thetermination and replacement of electricity postpaid to prepaid electricity unilaterally performedby PLN without any notice and agreement first. Data collection technique used in this research isinterviews, questionnaires, and library research. The research findings concluded are: first, thepurchase agreements between customers and PT. Pekanbaru Area PLN (Persero) Rayon Panamis not purely a legal agreement because the process of installation of pre-paid electricity is donewithout notice and consent from the customer. Second, the effect of purchase agreement pre-paidbetween the customers and PT. Pekanbaru Area PLN (Persero) Rayon Panam is there is theobligation of the customer which is not fulfilled. It is by not paying the electric bill each monthwithin a predetermined time up to 2-3 months in a row causes the electrical disconnection by thePLN as a sanction, but by not paying the electricity bill for 2-3 months, it does not mean thatPLN electricity can replace it by electricity prepaid without the permission from PLN. The writersuggests that, First, PLN should give notice for the termination to the customers in order to avoidmake customers feeling disadvantaged, and for the installation of pre-paid electricity, thecustomer should have the agreement letter. Secondly, as the electricity users, customers shouldrealize for their rights and obligations, the PLN should give prior notice to the customer beforeperforming the electrical disconnection.Keywords: Sale Purchase Agreement - Pre-Paid Electricity - PT. Pekanbaru Area PLN(Persero) Rayon Panam.
ANALISIS TERHADAP WARIS ANAK ANGKAT BERDASARKAN HUKUM ISLAM (STUDI PUTUSAN MAHKAMAH AGUNG REPUBLIK INDONESIA NOMOR 677/K/AG/2009) Dewi, Santy; Hanifah, Mardalena; Ghafur, Abdul
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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In Indonesia, the rule of Allah on this inheritance into positive law used in the Religious Court in deciding the case of division or dispute relating to inheritance. The authors took a sample case of the Supreme Court Number 677/K/AG/2009, which is the case in the cassation decision of the High Court of Bandung Religion Number 63/Pdt.G/2009/PTA.Bdg which is also the appeal decision of testamentary inheritance dispute case in the Religious Bandung Number 747/Pdt.G/2008/PA/Bdg . The purpose from written this scripsion are; The First, the basic legal considerations of the Supreme Court in deciding the case of inheritance disputes testament Number 677/K/AG/2009. The Second, the decision of the judges of the Supreme Court in determining the division of inheritance based on Islamic law meets the principle of legal certainty. The conclusion are, The first, consideration of law in the Supreme Court Decision Number 677/K/AG/2009 has been correct in applying the law of inheritance relating to wills as the considerations, as an adopted child only receives one-third of the estate, it is appropriate Article 209 KHI. The second, the judges had been thorough in examining and deciding the case in the Supreme Court Decision Number 677/K/AG/2009, so that the judges had been correct in applying the legal basis in the consideration that resulted in lack of legal certainty in the decision decided by the judge concerning the rights rights which should be accepted by the legitimate heir. Writter suggest, The first, in considering a case the judge must consider the principle of legal certainty , fairness and expediency of any litigants. The second, the rule of law is a form of protection against individuals who the arbitrary with other individuals. Therefore, judges must pay attention to the rule of law as a form of protection against arbitrary actions committed by individuals against other individuals and pay attention to the rights that should be accepted as a form of legal certainty.Key words : Inheritance Testament – Islamic Law – Supreme Court Decision Number677/K/AG/2009
Tinjauan Yuridis Perlindungan Hukum Nasabah Perbankan Berdasarkan Undang-Undang Nomor 21 Tahun 2011 tentang Otoritas Jasa Keuangan Tengku Andrias Prayudha; Maryati Bachtiar; Dasrol '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Banking is a financial institution that can never be separated from the problem or dispute either the bank's internal disputes and disputes between banks and customers. Along with the times timbulah reforms to the legal system, one of which is the renewal of the legal systems of banking, namely the birth of a banking institutions like the Financial Services Authority and the Deposit Insurance Agency. Shift functions of banking regulation and supervision of Bank Indonesia to the Financial Services Authority has special meaning in particular the Financial Services Authority as the receiver of the mandate in providing legal protection of customers. Previous customer protection carried out by the Institute of Consumer Dispute Resolution (BPSK) that receives customer complaints and dispute settlement. The method of this thesis is a normative juridical approach (normative legal research), specification of research is a descriptive study where the research is to discuss the principles of law. This research was conducted by examining library materials or secondary data such as legislation, books and a variety of other sources. Based on research conducted it can be concluded that Law No. 21 Year 2011 on the Financial Services Authority regulates the protection of customers which consists of a couple of aspects based on results of the review authors, namely the prevention of the loss of customers by improving customer knowledge by publishing financial literature, service customer complaints by providing facilitation customer complaints and resolve disputes between customers and banks and legal defense for customers to file a civil suit in court by the Financial Services Authority. Legal protection is an effort that shows that the law is able to provide justice for the interests of the parties. Justice is what is perceived and believed by those who receive treatment. Legal protection settings banking customers in Law Number 21 Year 2011 on the Financial Services Authority has complied fairness of some aspects of the Agreement the Bank Baku, Conditions and Mechanism of Customer Complaints Service, terms and Dispute Resolution Mechanism Through Alternative Dispute Resolution Institute (laps).Keywords: Bank, Deposit Insurance Agency, Law Number 21 Year 2011 on the Financial Services Authority.
ANALISIS HUKUM PUTUSAN HAKIM DALAM PERKARA PERSELISIHAN HAK DI PENGADILAN HUBUNGAN INDUSTRIAL PEKANBARU(STUDI KASUS TERHADAP PUTUSAN NOMOR 24/G/2012/PHI.PBR) Tria Hasanudin; Rika Lesatari; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Rights dispute is a dispute arising out of one of the parties to the agreement does notmeet thelabor content of the agreement or violate the provisions of the law. The impact of these rightsdisputes, very complex, and tends to give rise to disputes. Therefore, mechanisms and procedures rights disputes has been arranged so that workers / laborers are in dispute Rights obtain adequate protection and obtaining their rights in accordance with the provisions. Since the release of Act No. 2 of 2004 concerning Industrial Relations Dispute Settlement, handling disputes rights disputes are handled by the Industrial Relations Court to the Court of Industrial Relations. The purpose of this study was to analyze the basic consideration in the Industrial Relations Court case decision No. 24 / G / 2012 / PHI.PBR as well as to determine whether the decision of the Industrial Relations Court No. 24 / G / 2012 / PHI.PBR in the case of rights disputes have fulfilled the principle of legal certainty in the fulfillment of the rights of workers / laborers. This type of research used by the author in the study is a normative legal research. Researchers in this case it discusses the general principles of law. The result obtained there are two main issues, The first a basic consideration in examining judge and decide the case number 24/G/2012/PHI.PBR not pay attention to sociological aspects of workers laborers who have worked so as it should they get their rights in accordance with article 168 paragraph (3) of law No. 13 of 2003. The second, the trial judge’s decision industrial relations does not satisfy the principle of legal certainty because it does not give rights of workers laborers in accordance with law number 13 of 2003. Suggestion of writers against, problems studied, The first in considering a case the judge must consider the normative sociological philosophical aspects. The second verdict must satisfy in accordance with article168 paragraph (3) of law No. 13 of 2003.Keywords: Decision Judge -Dispute of Rights- Certainty of law
PERLINDUNGAN HUKUM TERHADAP NASABAH PENYIMPAN DANA PADA BANK YANG DILIKUIDASI MENURUT UNDANG-UNDANG NOMOR 24 TAHUN 2004 TENTANG LEMBAGA PENJAMIN SIMPANAN Zuriyati '; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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The liquidation of a bank will have an impact on customer confidence, especially if the bank is unable to pay its obligations to its customers, it will eliminate the customer confidence in the banking institutions. Deposit Insurance Agency (LPS) is an independent organization that works to implement the deposit guarantee and participate actively maintaining banking stability. This study aims to discuss issues about the shape of the legal protection of depositors in the bank liquidated if savings exceed the amount guaranteed by LPS and what the legal consequences according to Law No. 24 of 2004 concerning the Deposit Insurance Agency.This study uses normative law research. Data collection techniques used literature study method or documentary studies. Source of data used are secondary data consists of primary legal materials, secondary law and tertiary legal materials. Data were analyzed using qualitative data analysis with descriptive parse.From the results of this study concluded that the form of legal protection for depositors due to the liquidation of the bank before the establishment of the Law No. 24 of 2004 concerning the Deposit Insurance Agency (LPS) is very weak because only through implicit protection. After the birth of the LPS Act provide protection and legal certainty for depositors both directly and indirectly. The legal consequences of the liquidation of a bank to depositors with funds in excess of LPS will receive payment from the sale of bank assets in the liquidation process, in accordance with the provisions of Article 54 Paragraph 1 of the Law of LPS, as well as for the deposit is not guaranteed as eligible contained in Article 19 may submit an objection to LPS or file a lawsuit to court. If the sale of bank assets are insufficient to repay depositors deposits, depositors may file a lawsuit to existing shareholders or parties proved to cause the bank to a bank failure by the District Court.Keywords : Customer Protection - Deposit Insurance Agency – Liquidation Bank
Analisis Hukum Tentang Disparitas Pidana Dalam Kasus Tindak Pidana Korupsi Penyalahgunaan Wewenang Proyek Pengerjaan Jalan (Pada Kasus Putusan Nomor 54/Pid.Sus/Tipikor/2013/PN.PBR) Aditias, Akfini; Efendi, Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Corruption is one part of a special criminal law. Corruption is considered detrimental to the social and economic rights of Indonesian society. The seriousness of the government in tackling corruption is the establishment of Law No. 31 of 1999 in conjunction with Law No. 20 Year 2001 on Corruption Eradication. The purpose of this thesis, namely; First, to determine the process of proving corruption in road construction projects abuse of authority in case No. 54/Pid.Sus/Corruption/2013/PN.PBR, Second, To know the legal consideration by the judge in the case No.54/Pid.Sus/Corruption/2013/PN.PBR.This type of research can be classified into types of normative research, because in this study the authors conducted a study and discussion or analysis in depth against Corruption Court decision No.54/Pid.Sus/Corruption/2013/PN.PBR, sources of data, which is used , primary data, secondary data, and the data tertiary data collection techniques in this study using literature studies or studies documentary.From the research, there are two fundamental problems that can be inferred. First, That the proof in case number 54 / Pid.Sus / Corruption / 2013 / PN.PBR is using negative verification system (negatief etterlijk), where the burden of proof remains with the Prosecution, while the defendant merely presenting defense witnesses only (adecharge). Secondly, That the legal reasoning by judges in adjudicating the case number 54 / Pid.Sus / Corruption / 2013 / PN.PBR is not true, where the judge only consider the guilt of the accused of the charges of the subsidiary that Article 3 of Law No. 31 Year 1999 jo Law Law No. 20 of 2001 without first considering in detail where the location of the non-fulfillment element of Article 2 of Law No. 31 of 1999 in conjunction with Law No. 20 of 2001. Because if Article 2 is not proven then automatically Article 3 also should not be proven according to law because both elements are almost the same article that is committed an unlawful act. Suggestions author, First, it is suggested to the Public Prosecutor and the judge who tried the case number 54/Pid.Sus/ Corruption/2013/PN.PBR that in the proof should be done with a combination of negative evidence of proof, so that the handling of this case actually achieve sense of justice. Second, it is suggested to the judge who tried the case number 54 / Pid.Sus / Corruption / 2013 / PN.PBR to first consider which elements are not met from the Article 2 of Law No. 31 of 1999 in conjunction with Law Number 20 Year 2001, because otherwise they will give the impression of judges chose a lesser sentence with direct consideration of Article 3 of Law No. 31 of 1999 in conjunction with Law No. 20 of 2001.Keywords: corruption - proof - consideration of the judge

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