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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 2,579 Documents
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PELAKSANAAN PERJANJIAN SEWA MENYEWA KOS VERLINA SECARA LISAN BERDASARKAN ASAS ITIKAD BAIK DI KOTA PEKANBARU Wulandari, Intan; Firdaus, Firdaus; Hendra, Rahmad
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 2 (2024): Juli - Desember 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Agreements are an inseparable part of human life, starting from those made inwriting or unwritten. In principle, a rental agreement is a form of economic relationshipbetween the owner of the premises (the renter) and the tenant of the premises. Good faith isone of the principles of agreements, which is contained in Article 1338 paragraph (3) of theCivil Code, namely that agreements must be implemented in good faith. The implementationof the principle of good faith in the rental agreement for the Verlina boarding house inPekanbaru City is analyzed from the pre-contractual, contractual and post-contractualstages. This research aims to find out how the Verlina Boarding House room rentalagreement is implemented verbally based on the principle of good faith and the efforts thatmust be made so that the parties are obedient and obedient in implementing the VerlinaBoarding House room rental agreement verbally based on the principle of good faith inPekanbaru City.The type of research used is sociological legal research, namely legal research thatanalyzes the application of law in a real sense in society based on facts that exist in a society.The population and sample are all parties related to the problem being studied. This researchuses data sources in the form of primary data and secondary data, and data collectiontechniques are carried out using interviews and questionnaires.The results of this research are the implementation of the Verlina boarding house roomrental agreement orally based on the principle of good faith in Pekanbaru City between theboarding house owner and the boarding house tenant at the pre-agreement and contractualstages, the principle of good faith has been fulfilled, but at the post contractual there is adefault that occurs, the boarding house renter does not apply objective good faith inimplementing the agreement, especially in carrying out the boarding house renter'sobligations towards the boarding house owner, namely there are tenants who are late infulfilling their achievements in the form of not being on time in making payments for theboarding house rent. and being negligent in carrying out achievements by violating the rulesand regulations in the boarding house, there are boarding house tenants who are dishonestand run away before paying the boarding fee, causing losses to the boarding house owner.Efforts that must be made to ensure that the parties comply with the implementation of theagreement are to be given strict sanctions in the form of warnings and fines if they do not payboarding fees on time and fines for violations of regulations in the boarding house and toenforce the existence of guarantees in the boarding house rental agreement.Keywords: Verbal Agreement, Lease, Boarding House, Principle of Good Faith.
TINJAUAN YURIDIS PUTUSAN MAHKAMAH KONSTITUSI (MK) NOMOR 65/PUU-XXI/2023 BERKAITAN DIPERBOLEHKANNYA LEMBAGA PENDIDIKAN DIJADIKAN SEBAGAI TEMPAT UNTUK BERKAMPANYE Aflina, Dia; Haryono, Dodi; Indra, Mexsasai
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 2 (2024): Juli - Desember 2024
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Abstract

This study aims to understand the perspective of Constitutional Court Decision No.65/PUU-XXI/2023 regarding the legality of using educational institutions ascampaign venues. The background of this research is the evolving political andregulatory context involving educational institutions in Indonesia. Prior to thisdecision, strict regulations prohibited the use of educational facilities for politicalcampaigns to preserve the neutrality and integrity of educational institutions asplaces for learning and intellectual development, free from political influence.This research is a normative legal study with a focus on the principle of legaljustice. It uses secondary data sources, including primary, secondary, and tertiarylegal materials. Data collection was performed through literature review, and dataanalysis employed a qualitative method.The findings reveal that the Constitutional Court's decision to permit the use ofeducational institutions for campaigns is based on balancing political expressionfreedom with educational neutrality. The Court concluded that as long aseducational institutions maintain their integrity and are not disrupted by campaignactivities, using these facilities for political purposes does not violate constitutionalprinciples. The implications include potential changes in the dynamics ofeducational institutions, which will need to establish procedures to ensure thatcampaign activities do not affect the learning process. Regulatory adjustments maybe necessary to define limits and mechanisms for campaign implementation ineducational settings.Keywords: Constitutional Court Decision, Educational Institutions, PoliticalCampaigns, Campaign Venues
ANALISIS YURIDIS PENYELESAIAN TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA PADA PERNIKAHAN SIRI Jannah, Raudhatul; Artina, Dessy; Ferawati, Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 2 (2024): Juli - Desember 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Marriage is a bond born inwardly between a man and a woman ashusband and wife with the aim of forming a happy and eternal family (household)based on the One Godhead. Marriage is carried out in front of the marriageregistrar employee so that a marriage certificate is obtained as proof of theoccurrence of marriage. Legal certainty is obtained if the case is decided basedon laws and regulations. Unlike serial marriages that cannot be proven to exist.Where the marriage is carried out secretly or secretly. So it cannot prove themarriage really happened or not. When there is violence in a serial marriage,judges cannot decide cases using the Domestic Violence Law just because theyconsider the elements of the household scope as husband and wife withoutchecking whether the marriage is valid or not according to the Marriage Law.The purpose of the study is to analyze the settlement of domestic violence crimesin series marriages in Indonesian positive law and ideally appropriate settlementsin deciding cases of domestic violence in series marriages.The research method used is normative juridical research using statutory,case and conceptual approaches.The results showed that if the judge’sconsideration in imposing a crime using article 44 paragraph (1) of the DomesticViolence Law is not appropriate when related to the Marriage Law, the elementsof the household scope as a married couple according to article 2 paragraph (1)of the Domestic Violence Law have not been fulfilled because the validity of themarriage contract they carried out has not been proven in court so that it is not inaccordance with the provisions of article 1 of the Marriage Law. The settlement inthe case is still considered inappropriate because if it is decided by the DomesticViolence Law, there is no distinction between a valid marriage and an invalidone. So that the case does not get legal certainty.Keywords: Domestic Violence, Siri Marriage, Legal certainty.
KEBIJAKAN SISTEM ZONASI DALAM PERATURAN MENTERI PENDIDIKAN DAN KEBUDAYAAN REPUBLIK INDONESIA NOMOR 1 TAHUN 2021 TENTANG PENERIMAAN PESERTA DIDIK BARU PADA TAMAN KANAK-KANAK, SEKOLAH DASAR, SEKOLAH MENENGAH PERTAMA, SEKOLAH MENENGAH ATAS, DAN SEKOLAH MENENGAH KEJURUAN Pangiestu, Adjie; Indra, Mexsasai; Akmal, Zainul
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 2 (2024): Juli - Desember 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The implementation of the zoning system in the admission of new studentsraises various problems. The zoning system is regulated by the Ministry ofEducation and Culture of the Republic of Indonesia in the Regulation of theMinister of Education and Culture of the Republic of Indonesia Number 1 of 2021concerning Admission of New Learners in Kindergartens, Elementary Schools,Junior High Schools, Senior High Schools, and Vocational High Schools, while inArticle 51 paragraph (1) of Law Number 20 of 2003 concerning the NationalEducation System it is stated that schools are given autonomy to manage theirschools. This autonomous right to schools is in the form of School-BasedManagement principles to organize and manage their own education.This thesis uses research with a type of normative research, namelylibrary research. In this research, the data sources used are secondary datasources with primary legal materials of the Minister of Education RegulationNumber 1 of 2021 with Law Number 20 of 2003. The collection technique usesdocumentation / literature study, namely analyzing and examining these primarylegal materials.Minister of Education and Culture Regulation Number 1 of 2021 and LawNumber 20 of 2003 are considered to be out of sync. The incompatibility andinconsistency of these regulations have caused various social and moral problemsthat affect various elements, especially prospective students and theirparents/guardians. The zoning system policy implemented in the New LearnerAdmission results in some people who want to impose their will because they havecertain perceptions, resulting in actions that are against the law, morals, social,and religion. The purpose of the zoning system is very good to advance educationin Indonesia, but many aspects have not been fulfilled by the Government inimplementing this zoning system. Such as unequal access to education inIndonesia, inequality of facilities and infrastructure in various schools, to theuneven quality of teachers in each region.Keywords: Zoning System and New Student Admission
IMPLEMENTASI JAMINAN KESEHATAN MASYARAKAT DAERAH BAGI MASYARAKAT MISKIN DI KABUPATEN PELALAWAN (Studi Kasus di Kecamatan Pangkalan Kuras, Kab. Pelalawan) Dewi, Silfia Kumala
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 2 (2024): Juli - Desember 2024
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Abstract

This research is motivated by the existence of Regional Health Insurance(Jamkesda) which is a health service guarantee program for poor ordisadvantaged people outside the public health insurance quota which is theresponsibility and implemented by the regional government of Pelalawan district.However, there are still poor people who have not registered as regional healthinsurance participants. Therefore, the aim of this thesis research is first, to findout how regional health insurance is implemented for the poor in PelalawanRegency. Second, find out the inhibiting factors in implementing regional healthinsurance for the poor in Pelalawan Regency. Third, to find out what efforts thePelalawan district government has made in implementing regional healthinsurance for the poor.This type of research can be classified into the type of sociologicaljuridical research. This research uses primary data and secondary dataconsisting of primary legal materials, secondary legal materials, tertiary legalmaterials, and data collection techniques.From the results of this research there are three things that can beconcluded. Firstly, with regional health insurance, poor people can obtain healthservices, however, the provision of regional health insurance is not widespreadand is not well targeted. Second, the public's lack of knowledge about existinghealth insurance, as well as limited medical facilities and infrastructure. Third,the efforts made are monitoring, providing guidance and providing regionalhealth insurance that is right on target.Keywords: Implementation, Regional Health Insurance, Poor Communities
POLITIK HUKUM TENTANG PEMBENTUKAN PERATURAN DAERAH KOTA PEKANBARU NOMOR 1 TAHUN 2024 TENTANG PAJAK DAERAH DAN RETRIBUSI DAERAH Rohma, Putri Mawaddah; Artina, Dessy; Akmal, Zainul
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 2 (2024): Juli - Desember 2024
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Abstract

As a rule of law country, of course Indonesia cannot be separated from legal politicsin forming laws and regulations. According to M. Mahfud MD, legal politics is the state'sofficial legal policy regarding laws that will or will not be enforced (making new rules orrepealing old rules) to achieve state goals. In order to create laws that can protect the people,fair treatment, laws that protect every citizen of the nation so that their rights are guaranteed,of course there must be regulations that serve as guidelines in drafting laws and regulations,as basic rules that apply to drafting regulations from the initial process of their formation upto the regulations. is applied to society. Pekanbaru utilizes the potential of the region toproduce regional income or what is usually called Regional Original Income (PAD) whichwill later include the implementation of autonomy as a replacement for decentralization.This research is normative legal research. This is based on library research whichtakes quotations from reading books, or supporting books that are related to the problem to beresearched. Add data sources. Primary, secondary and tertiary data sources arecharacteristic of this research. 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 urgency of forming regional regulations on regional taxes andlevies essentially contains regional policies that are planned to be implemented in order torealize community welfare. Regulations for the formation of regional regulations regardingRegional Taxes and Levies are of course a need for each region to improve the regionaleconomy and improve the welfare of the community. Second, the Basic Framework forLegislative Regulations must actually include three bases or foundations, namelyphilosophical, sociological and juridical foundations. Therefore, the legal politics of formingregional regulations on regional taxes and levies is ideal, if the regional regulations onregional taxes and levies are in accordance with the nature of the formation of regionalregulations, in accordance with the hierarchy of statutory regulations in Indonesia, inaccordance with the principles of formation and material principles. content of statutoryregulations.Keywords: PAD – Regional Taxes and Levies – Regional Government
PENANGGUHAN PENAHANAN TERHADAP TAHANAN PEREMPUAN YANG BERSTATUS IBU YANG MEMILIKI BALITA Putri, Nurul Izzah Alia; Erdianto, Erdianto; Ferawati, Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 2 (2024): Juli - Desember 2024
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Abstract

Suspension of detention is the right of suspects or detainees, which isregulated in Article 31 of the Criminal Procedure Code. This suspension ofdetention gives an agency the freedom to provide reasons for granting orrefusing a suspension of detention, meaning that in this case it is the fullauthority of the competent agency. However, in reality the suspension ofdetention here is still not optimal, both in its arrangement and implementation.This can be seen from the discovery of several rejections of suspension ofdetention, especially in several cases where the suspect was a mother with atoddler. This thesis research aims to: first, to describe the regulation andimplementation of suspension of detention for female detainees who are motherswith toddlers in the Indonesian criminal courts. Second, to describe theappropriate rules regarding the suspension of detention for female detaineeswho are mothers of toddlers from a substantive justice perspective.This type of research can be classified as normative legal research,because this research is carried out by examining library materials or secondarydata. In this research, the data sources used are primary data, secondary dataand tertiary data. The data collection technique in this research is the libraryresearch method.From the results of the research carried out, it can be concluded that, inrelation to this, the implementation obtained from several cases involving femaledetainees who have the status of mothers, shows that the existing regulationsstill have weaknesses or there is no certainty about the regulations in this case,so that it can It is said that implementation has not gone well. Therefore, it isnecessary to reform in the form of a special law regarding the rules forsuspending the detention of women detainees who are mothers who havetoddlers in more detail, by not only focusing on procedural matters, but alsoconsidering substantively for the sake of realizing legal justice and legalcertainty. regarding suspension of detention, especially in relation to femaledetainees who are mothers of toddlers.
ANALISIS YURIDIS PANITIA SELEKSI DEWAN PENGAWAS KOMISI PEMBERANTASAN KORUPSI BERDASARKAN UNDANG – UNDANG REPUBLIK INDONESIA NOMOR 19 TAHUN 2019 TENTANG PERUBAHAN KEDUA ATAS UNDANG–UNDANG NOMOR 30 TAHUN 2002 TENTANG KOMISI PEMBERANTASAN TINDAK PIDANA KORUPSI Nasution, Hary Doly; Firdaus, Emilda; Rahmadan, Davit
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 2 (2024): Juli - Desember 2024
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This research analyzes juridically the regulation and ideal criteria of theSelection Committee for the Supervisory Board of the Corruption EradicationCommission (KPK) based on Law Number 19 of 2019 concerning the SecondAmendment to Law Number 30 of 2002 concerning the KPK. The existence of theKPK Supervisory Board has been met with pros and cons because it is consideredto be able to affect the independence of the anti-corruption institution. Theformation of the Supervisory Board is feared to actually erode the authority andinternal supervisory function of the KPK and disrupt the corruption eradicationprocess.This research is a normative legal research with a qualitative approachthat examines secondary data in the form of primary and secondary legalmaterials. Primary data is obtained from relevant laws and regulations such asLaw Number 19 of 2019 and its derivative regulations, while secondary data isfrom legal literature such as books, scientific journals, research results, andscientific articles. The thinking method used is the deductive method to drawconclusions from general statements to specific ones, and inductive to concludefrom specific matters to general ones.This research analyzes juridically the regulation of the SelectionCommittee for the Supervisory Board of the Corruption Eradication Commission(KPK) based on Law Number 19 of 2019 concerning the Second Amendment toLaw Number 30 of 2002 and examines the ideal criteria for the selectioncommittee.. Therefore, it is necessary to have detailed regulations regarding theideal criteria for the selection committee from the government and communityelements so that its implementation can maintain the integrity and independenceof the KPK in accordance with the principles of the formation of the anti-corruption institutionKeywords : Corruption Eradication Commission, Supervisory Board, SelectionCommittee.
ANALISIS YURIDIS SURAT EDARAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2023 TENTANG PETUNJUK BAGI HAKIM DALAM MENGADILI PERKARA PERMOHONAN PENCATATAN PERKAWINAN ANTAR-UMAT YANG BERBEDA AGAMA DAN KEPERCAYAAN TERHADAP PASAL 35 HURUF a UNDANG-UNDANG NOMOR 23 TAHUN 2006 TENTANG ADMINISTRASI KEPENDUDUKAN Simatupang, Gavrila Eleazar
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 2 (2024): Juli - Desember 2024
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The Supreme Court issued Supreme Court Circular Letter Number 2 of 2023 whichexplains the prohibition on judges throughout Indonesia from granting requests forregistration of interfaith marriages. Where this rule is in conflict with Article 35 Letter a ofLaw Number 23 of 2006. The issuance of SEMA resulted in a setback that hampered thedevelopment of the justice system in guaranteeing the rights of citizens from variousbackgrounds. It can be concluded that SEMA Number 2 of 2023 issued by the chairman ofthe Supreme Court has violated its constitutionality.The type of research used by the author is normative legal research or what is knownas "legal research". This means that this legal research aims to examine the conformity ofexisting norms regarding the prohibition on the practice of interfaith marriages in theSupreme Court Circular Letter Number 2 of 2023 with Article 35 Letter a of Law Number23 of 2006 concerning Population Administration using library study data collectiontechniques.SEMA No. 02 of 2023 is a legal instrument made by the Supreme Court which aimsto direct judges to reject applications for registering marriages between people of differentreligions. The urgency of SEMA was created based on pressure from several religiousorganizations in Indonesia who do not like marriages between people of different beliefs,whereas in Indonesia itself every citizen has the right to marry regardless of the religionadhered to by each partner. Any discrepancies between the Marriage Law and thePopulation Administration Law must be resolved through changes to the law, not throughSEMA. As well as the judge's freedom to decide fairly and in accordance with existingevidence. The issuance of SEMA seems to annul previously existing statutory regulations,in other words the Supreme Court does not review previously applicable statutoryregulations in making a decision. In practice, there are still district court judges who grantrequests for marriage registration. different religion.Keywords: SEMA, Population Administration Law, Marriage Law.
IMPLEMENTASI PELAYANAN KESEHATAN BAGI PESERTA/PASIEN BPJS KESEHATAN DI RUMAH SAKIT PRIMA KOTA PEKANBARU Hutasoit, Sion Einar Edlyn; Indra, Mexsasai; Junaidi, Junaidi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 2 (2024): Juli - Desember 2024
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The establishment of the Social Security Agency on Health is a part of NationalHealth Insurance which is a government policy in the health sector that aims to ensure theprovision of adequate health care facilities for the entire community asparticipants/patients. In Pekanbaru, one of the advanced referral health facilities that hascollaborated with Social Security Agency on Health Pekanbaru is Prima HospitalPekanbaru since 2017. The results of research related to health services organized at PrimaHospital Pekanbaru, there are problems found in the field, especially for Social SecurityAgency on Health participants/patients. The purpose of the research is to find out how theimplementation; inhibiting factors; and efforts made in improving health services for SocialSecurity Agency on Health participants/patients at Prima Hospital Pekanbaru. The authoruses sociological research methods in analyzing the implementation of health services forSocial Security Agency on Health participants/patients at Prima Hospital Pekanbaru.The implementation of health services for BPJS Health participants/patients atPrima Hospital Pekanbaru City is quite good, but on the other hand it has not been able toreach the level of participant/patient satisfaction. The inhibiting factors are influenced bymiscommunication and the public's lack of understanding of BPJS Health procedures andarrangements at Prima Hospital Pekanbaru City as well as the imbalance in the number ofBPJS Health participants/patients with the number of health workers. Efforts to improvehealth services for BPJS Health participants/patients at Prima Hospital Pekanbaru Citystart from accommodating every participant/patient complaint which has been managedwith the presence of the Prima Hospital PIPP Team and then work assessment standardswill be implemented.Keywords: Social Security Agency on Health Pekanbaru – Participants/Patients –Prima Hospital Pekanbaru

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