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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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IMPLEMENTASI PROGRAM 3R (REDUCE, REUSE DAN RECYCLE) PERATURAN DAERAH KOTA PEKANBARU NOMOR 08 TAHUN 2014 TENTANG PENGELOLAAN SAMPAH DI TAMAN KOTA PEKANBARU Shindy Fauziyah; Maria Maya Lestari; Zainul Akmal
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

This research focuses on the implementation of the 3R (Reduce, Reuse, and Recycle)programme in Pekanbaru City Regional Regulation Number 08 of 2014 concerning WasteManagement in Pekanbaru City Parks. The 3R programme is the government's effort toovercome the waste problem which is one of the biggest problems in the environment ofPekanbaru city. The goal is to reduce the amount of waste, foster public awareness, andprovide benefits for community empowerment. This research examines the extent of publicawareness in implementing the 3R programme and how the government supports theprogramme in public places such as city parks in accordance with applicable regionalregulations.This type of research is sociological research and descriptive in nature. The researchlocation was conducted in 4 locations, namely the Pekanbaru City Environment and HygieneOffice, Pekanbaru Mayang Glass Park, Pekanbaru Tunjuk Integritas Park, and PekanbaruCity Park. The population of this research is park visitors and parties related to parkmanagement in Pekanbaru City. Samples were taken by simple randomisation from thepopulation of park visitors. Data sources consist of primary data through observation,interviews, and questionnaires to the government, related agencies, janitors, and visitors tocity parks. Secondary data is obtained from laws and regulations, books, and previous researchresults. Data collection techniques were carried out through observation, interviews,questionnaires, and document studies. Data analysis uses qualitative analysis by describingand interpreting data and drawing conclusions deductively.From the results of the study it can be concluded that public awareness in implementingthe 3R Programme in Pekanbaru City Park is still lacking. There are still many visitors whothrow garbage not in the place that has been provided. In addition, the lack of personal hygieneofficers also affects the running of the 3R programme in Pekanbaru City Park. Second, theimplementation of the Pekanbaru City Regional Regulation number 8 of 2014 concerningWaste Management in Pekanbaru City, on the Communication indicator in the implementationof waste management in Pekanbaru related to socialisation, the value is not yet optimal but theagency will make maximum efforts to provide understanding to the public about the impact ofthe dangers of littering, secondly on the Resource indicator related to the lack of personnel inwaste management due to the limited budget owned by the agency. However, in the nextindicator, the role of the government has been carried out well.Keywords: Implementation, 3R Program, PERDA.
KEBIJAKAN HUKUM PIDANA TERKAIT PEMIDANAAN TERHADAP PEJABAT NEGARA DI BIDANG PERTAHANAN YANG MELAKUKAN KEJAHATAN TERHADAP KEMANUSIAAN SEBAGAI BENTUK PELANGGARAN HAK ASASI MANUSIA BERAT Naufal Nata Prawira; Mukhlis R; Elmayanti Elmayanti
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

Regulations regarding serious human rights, especially regarding state officials in thedefense sector, are regulated in Law Number 26 of 2000 concerning Human Rights Courts,however, in this regulation there is a problem where there is no distinction between theimposition of criminal sanctions between state officials and the public. in general. This canbe seen in article 42 paragraph (3) which regulates the punishment of state officials in thesecurity sector who commit crimes against humanity. This article refers to article 37 as thebasis for the punishment of state officials.This type of research can be classified as normative research which examines legalprinciples, namely the principle of criminal responsibility. This research uses secondary databy elaborating on primary, secondary and tertiary legal materials that are relevant to theresearch topic.Based on the results of the research, it can be concluded that firstly, the absence ofdifferences in the imposition of criminal sanctions between state officials in the defensesector who commit crimes against humanity and ordinary people makes the currentregulations weak. This can be seen in Article 42 paragraphs 1 and 3 of Law Number 26 of2000 concerning Human Rights Courts which have been the source of law for resolvingserious human rights cases and in Article 599 of Law Number 1 of 2023 concerning theCriminal Code which has many problems in the regulations. This means reducing theminimum criminal sentence for someone who commits crimes against humanity. Secondly, informing regulations it is actually necessary to consider philosophical, sociological andjuridical factors. In the case of Brigadier General TNI M. Noer Muis in the East Timor case,he was acquitted of all charges against him and Infantry Major Isak Sattu in the Panai casewas deemed not guilty of the actions he committed, the results of this verdict show that justicehas not been implemented in society. Therefore, it is necessary to reform the criminal law inincreasing punishment for state officials in the defense sector who commit crimes againsthumanity in Indonesia.Keywords: Criminal Law Policy, Sentencing, State Officials, Crimes Against Humanity
PENGELOLAAN PARTICIPATING INTEREST 10% (SEPULUH PERSEN) DALAM RANGKA MENINGKATKAN KESEJAHTERAAN DI KABUPATEN SIAK H, Juanda Hasanuddin; Firdaus, Firdaus; Jayakusuma, Zulfikar
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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One of the strategic issues in managing the upstream oil and gas sector in Indonesia isthe obligation to bid Participating interest of 10% (ten percent) by the KKKS managing an Oiland Gas Working Area to the Regional Owned Enterprise (BUMD) at the operational location.involvement of regional governments in the form of responsibility for giving appointments toBUMDs or regional companies in order to obtain 10% PI management which is expected tobe able to provide profits or profits that will increase regional income for the welfare of localcommunities. Apart from that, it is hoped that it will be able to provide knowledge andexperience of cooperation for BUMDs in managing oil and gas working areas as a contractor.The type of research in this thesis uses sociological legal research, namely research onthe effectiveness of law in society. The nature of this thesis research is research descriptivewhich systematically describes the facts and characteristics of the object being studiedaccurately. The data collection technique in this research is the interview method and literaturereview, then after the data is collected it is then analyzed to draw conclusions.Management Participating Interest 10% (Ten Percent) in the context of improvingcommunity welfare in accordance with the mandate in the Minister of Energy and MineralResources Regulation (Permen) Number 37 of 2016 concerning Provisions for 10% (TenPercent) Participating Interest Offerings in Oil and Gas Working Areas. PT Riau Petroleummanages four 10% PIs from four oil and gas blocks by forming subsidiaries, namely PT RiauPetroleum Siak, PT Riau Petroleum Kampar, PT Riau Petroleum Mahato, and PT RiauPetroleum Rokan, the Riau Provincial Government gets the largest share with a portion of50%, while the remainder is divided among the five districts, according to the amount of oiland gas reserves in each region which has been calculated by a third party professionally.Utilization of Participating Interest 10% (Ten Percent) in the Context of Improving Welfare,among others, Siak BUMD can use the profits from the 10% PI to increase Regional OriginalIncome. Siak BUMD can use some of the profits from the 10% PI to finance communityempowerment programs, such as skills training, business capital assistance, and villageinfrastructure development. Improving the Quality of Education. Siak BUMD can use some ofthe profits from the 10% PI to finance programs to improve the quality of education, such asbuilding schools, providing scholarships, and training teachers.Keywords: Participating interest, Petroleum, Government
TANGGUNG JAWAB PELAKU USAHA ATAS KERUSAKAN BARANG YANG MERUGIKAN KONSUMEN MAKANAN RINGAN DI KECAMATAN TANJUNG BARU KABUPATEN TANAH DATAR Malta, Wahyu Aditiya; Ismi, Hayatul; Darnia, Meriza Elpha
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

Technological and economic developments are developing very rapidly, thusinfluencing production activities to be able to meet the increasing and diverseneeds of consumers. Consumers cannot be separated from business actorsbecause they need each other to carry out buying and selling activities. On theother hand, economic growth does not always produce products that comply withsafety standards for consumption and is often detrimental to consumers.However, in reality there are still many business actors operating in the foodsector who do not carry out their rights and obligations properly, thus placingconsumens in weak and disadvantaged position. Such as snack food businessactors who sell their products without paying attention to whether the product isin good condition or not, which cause losses to consumers. So the aim of thisthesis research is first, to analyze the responsibility of business actors for damageto goods that harm snack consumers in Tanjung baru District, Tanah DatarRegency.From the research results it can be concluded the, frist, as regulated inArticle 19 of the UUPK, business actors are obligated to provide compensationfor consumer losses. Secondly,there are legal remedies that consumers can take,namely throught litigation and non litigation. The advice from the author is frist,business actors in running their business actors in running their business must bemore thorought and careful in producing and packaging their products so as notto harm consumers and pay attention to consumer rights and their obligations asbusiness actors. Secondly, consumers must be more careful in purcahsing an itemby checking the condition of the item before purchasing and consuming the foodproduct so that it does not cause harm or harm.Keywords: Business Actor-Damage to Goods-Responsibility
REKONSEPTUALISASI PENGATURAN RESTITUSI DAN KOMPENSASI KEPADA KORBAN TINDAK PIDANA INVESTASI ILEGAL SKEMA PONZI DIKAITKAN DENGAN UPAYA PERLINDUNGAN HUKUM DI INDONESIA Sayladito Sitinjak; Davit Rahmadan; Ferawati Ferawati
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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In general, the Indonesian population is still largely unfamiliar withvarious new instruments in the world of investment. In fact, some members of thesociety seem uninterested in learning how to invest wisely and correctly. Often,people are focused on the potential returns they can gain, so the first question thatarises when a new investment opportunity is presented is about the expectedprofits. Some individuals appear to be dazzled by the promise of high profitswithout considering the accompanying risks. Consequently, the phenomenon ofinvestment scams or fraudulent investments has emerged. It appears as if aninstitution is managing the public's funds and investing them in various types ofinvestments, but in reality, it's merely a money game.This research is a normative legal study based on literature research,which involves quoting from relevant books or supporting materials related to theissues under investigation. The research utilizes secondary data sources,including primary, secondary, and tertiary legal materials. This study alsoemploys qualitative data analysis and produces descriptive data.From the research findings and discussions conducted, it can beconcluded that the regulation of restitution and compensation for victims ofillegal investment schemes, particularly Ponzi schemes, concerning legalprotection efforts in Indonesia, is not effectively implemented. This is due to theperception that law enforcement against perpetrators is lenient and relies solelyon the Criminal Code penal Indonesia. Different regulations naturally servedifferent purposes and objectives to ensure that the rules can be appliedaccording to the actions of the criminals. Many cases involve victims of criminalactivities who do not receive restitution to recover their losses, both material andimmaterial. Criminal justice has not provided certainty regarding the fulfillmentof restitution.Keywords: Ponzi schemes-investment-restitution-legal protection.
ANALISIS PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG (PERPPU) SEBAGAI OBJEK PENGUJIAN DI MAHKAMAH KONSTITUSI Fitriyani, Nia; Haryono, Dodi; 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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The authority of the Constitutional Court in the 1945 Constitution of the Republic ofIndonesia (1945 Constitution of the Republic of Indonesia) after the issuance of MK DecisionNumber 138/PUU-VIII/2009. The Constitutional Court stated its authority to review GovernmentRegulations in Lieu of Law (Perppu) against the Constitution, relying on the interpretation thatPerppu is in a position parallel to the Law, in accordance with Law Number 12 of 2011concerning the Formation of Legislative Regulations . MethodThis research uses a type of normative legal research (normative law research) usingnormative case studies in the form of legal products produced, reviewing statutory regulations,books and journals related to this research, as well as analyzing Constitutional Court DecisionNumber 138/PUU- VIII/2009.The results of this research explain that the Constitutional Court has the authority toreview Perppu and regulations that are lower in level than the 1945 NRI Constitution whichpositions Perppu in the same position as the Law by using a slash (/), cannot change the contentsof the Constitution NRI of 1945, which clearly differentiates between Laws and PerppuKeywords: Authority, Constitutional Court, Testing
TANGGUNG JAWAB NEGARA DALAM PENCEGAHAN DAN PENANGANAN KEKERASAN SEKSUAL DI LINGKUNGAN PERGURUAN TINGGI DALAM PERSPEKTIF HAK ASASI MANUSIA (STUDI PERGURUAN TINGGI DI KOTA PEKANBARU) Saujani, Ersya Putri; Jayakusuma, Zulfikar; Separen, Separen
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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The policy of the Minister of Education and Culture, which was recently issued inthe form of Minister of Education and Culture Regulation Number 30 of 2021, hasgenerated a lot of perception and even controversy among universities and society itself.This policy is related to the increasing prevalence of sexual violence in the highereducation sector which has a direct or indirect impact on optimizing the Tridharma ofHigher Education which is reduced as well as the quality of Higher Education whichexperiences a decline. All policies or regulations from the government, both from thepresident and from his staff, namely from the ministries, are of course based onconsiderations of various things.Sexual violence in higher education requires special attention from various parties,especially the government as the institution that has the authority to formulate regulationsrelating to sexual violence in higher education. Efforts to protect against sexual violenceare the responsibility of the state which has an obligation to fulfill the human rights ofevery citizen, which includes the academic community. The aim of this research is todetermine the analysis of Minister of Education and Culture Research and TechnologyRegulation No. 30 of 2021 regarding the phenomenon of sexual violence in highereducation environments. The benefit of this research is that the author wants to know howto understand the implementation of the Minister of Education and Culture Regulation No.30 of 2021 and how to understand it from a sociological perspective. This research issociological research obtained from sources related to the PPKS Task Force.The results of this research show that with the increasing number of cases of sexualviolence in higher education environments, this phenomenon ultimately encouraged theMinistry of Education, Culture, Research and Technology to create regulations relating tothe prevention and handling of sexual violence. This regulation was later namedPermendikbud Ristek (Regulation of the Ministry of Education, Culture, Research andTechnology) No. 30 of 2021. Therefore, Ministry of Education, Culture, Research andTechnology Regulation No. 30 of 2021 is a follow-up to the government's seriousness inhandling cases of sexual violence in higher education environments.Keywords: Sexsual Violence, Higher Education, Minister of Educations, ResearchCulture and Technology.
PELAKSANAAN PELAYANAN KESEHATAN DI PUSKESMAS PANIPAHAN KECAMATAN PASIR LIMAU KAPAS KABUPATEN ROKAN HILIR DALAM PERSPEKTIF UNDANG-UNDANG NOMOR 25 TAHUN 2009 TENTANG PELAYANAN PUBLIK Fit Andriyani; Mexsasai Indra; Zulwisman Zulwisman
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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This research aims to describe the implementation of health services at thePanipahan Health Center, Pasir Limau Kapas District, Rokan Hilir Regency andto determine the implementation of Good Governance at the Panipahan HealthCenter, Pasir Limau Kapas District, Rokan Hilir Regency. This research isempirical or sociological legal research. The research location is in thePanipahan District, Pasir Limau Kapas District, Rokan Hilir Regency, namely thePanipahan Community Health Center. Based on research conducted, the resultsshow that health services at the Panipahan Community Health Center are carriedout based on Regional Government and Central Government Regulations andPolicies. The implementation of health services at the Community Health Centerconsists of services from the Individual Health Unit and the Community HealthUnit. The programs at the Community Health Center are KIA, Nutrition, HealthPromotion, Environmental Health and other programs. The flow of healthservices and service standards at the Panipahan Community Health Center havebeen adjusted to the services provided to the community to improve the level ofpublic health. Supporting factors in the implementation of health services at thePanipahan Community Health Center consist of organization, policy andmanagement. Meanwhile, the inhibiting factors are the implementation of healthservices at the Panipahan Community Health Center, namely human resources,infrastructure and funds/budget. The efforts made by the Rokan downstreamdistrict health service to improve services at the Panipahan Community HealthCenter are recruiting human resources and competency training for existinghuman resources, prioritizing development of facilities and infrastructure as wellas appropriate budget allocation.Keywords: Panipahan Community Health Center, Public Services, HealthServices.
OPTIMALISASI UNIT PELAKSANAAN TEKNIS PEMBERDAYAAN PEREMPUAN DAN PERLINDUNGAN ANAK DALAM PENCEGAHAN KEKERASAN PADA ANAK DI PEKANBARU Helmi, Kiki; Rahmadan, Davit; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Child protection is all activities to ensure and protect children and theirrights so that they can live, grow, develop, and participate optimally inaccordance with the dignity of humanity, and receive protection from violenceand discrimination. Violence against children in Indonesia from time to timecontinues to occur, even though children are the successors and assets owned bythe nation who will maintain, and realize the ideals of the nation. Women'sempowerment and child protection are critical aspects in efforts to preventviolence against children in Pekanbaru.This type of research is sociological legal research (social legal research),Data obtained by literature review techniques and interviews. This researchfocuses more on the role of the implementation unit for women's empowerment &child protection (UPT PPA) in Pekanbaru City in increasing protection andassistance to children from acts of violence.The results of the study concluded that, first, Efforts made in increasingthe role of the implementation unit for women's empowerment & child protection(UPT PPA) in overcoming criminal acts of violence against children inPekanbaru City are, conducting socialization and education related to theprevention of violence against children and domestic violence, as well as trainingfor domestic violence task force representatives in urban villages in Pekanbarucity, Coordinating with local governments related to a very minimal budget fiberCoordinating with institutions related to the needs of clients or victims of childabuse. Second, the obstacles or constraints faced by the implementation unit ofwomen's empowerment & child protection (UPT PPA) in Pekanbaru City inovercoming criminal acts of violence against children are, (1) lack of budget inproviding assistance to victims of child abuse (2) victims or families who do notreport (3) when children who are victims of violence cannot provide informationbecause they have been affected by their psychological state, (4) lack of facilitiesand infrastructure and (5) lack of professional human resources.Keywords: Children, Violence, Women's Empowerment and Child Protection.
KEABSAHAN PERKAWINAN BEDA AGAMA DI INDONESIA TERKAIT PENETAPAN NOMOR 916/PD.P/2022/PN SBY Erda Rahmayanti Sitinjak; Mardalena Hanifah; 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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Indonesia is a country with a multi-religious society, which opens up thepotential for interfaith marriages. The rules regarding marriage in Indonesia arecontained in Law No. 1 of 1974 concerning Marriage. It is still a matter of debatethat there is not a single article that clearly mentions interfaith marriages.Surabaya District Court with Determination Number 916/Pdt.P/2022/PN Sby ingranting the request for dispensation for interfaith marriages. The formulation ofthe problem of this research is what is the validity of interfaith marriages relatedto Determination Number 916/Pdt.P/2022/PN Sby and what are the legalconsequences of registering interfaith marriages with the Surabaya PN DecreeNumber 916/Pdt.P/2022/PN Sby. Purpose of writing This is to find out the validityof interfaith marriages related to Determination Number 916/Pdt.P/2022/PN Sbyaccording to Law Number 1 of 1974 concerning Marriage and to find out thelegal consequences of registering interfaith marriages with DeterminationNumber 916/Pdt.P/ 2022/PN Sby. This research is normative research using anapproach to the legal principles in Law Number 1 of 1974 concerning Marriage.From the research results, it can be concluded based on the analysis of thelegal materials obtained that according to the marriage law in Indonesia,interfaith marriages are prohibited and declared invalid and religiously, but theirregistration is valid according to state law. Based on the Surabaya DistrictCourt's determination that the legal consequences of registering a marriage arethat the status of the marriage is legally valid so that the relationship between ahusband and wife who give birth to a child through an interfaith marriage meansthe child has a legal status and is legally recognized.Keywords : Keywords: Marriage, different religions, validity, registration.

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