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INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 2,579 Documents
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PEMUTUSAN SEMENTARA HUBUNGAN BILATERAL ANTARA INDONESIA-AUSTRALIA TERKAIT PENYADAPAN OLEH PEMERINTAH AUSTRALIA DITINJAU DARI HUKUM INTERNASIONAL Situmorang, Ridho Fauzi; Indra, Mexsasai; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Indonesia-Australia relationship has existed since the beginning of the independence of Indonesia. Australia is one country that gives political support to the struggle of the people and the nation of Indonesia in achieving independence. In the implementation of foreign relations possible actions or circumstances are contrary to or inconsistent with foreign policy, national legislation and international law and practice. Action and such circumstances should be avoided According to the constitution and international law.The act of espionage obtain information prohibited under international law, because they can interfere with the sovereignty and security of the State Recipient In accordance with the above description, the writer interested to do research with the title Termination While Bilateral Relations Between Indonesia-Australia Related Tapping By Australian Government Seen From the International Law. Then to determine whether termination while Indonesia-Australia bilateral relationship is right or espionage cases related to wiretapping under international law and the latter are the implications of bilateral interim termination of the Indonesia-Australia ties. Results of the discussion in this paper is, international law regards action the Australian government wiretapping is not illegal. But in particular the tapping action has hurt the provisions of the Treaty of Lombok. The impact of these intercepts is reduced confidence in the Government of Indonesia to the Australian Government, while the termination of the cooperation in the field of intelligence and the military until the completion of the tapping issue is clearly not just the negative impact of this wiretapping issue, but there were also the positive impact that pushed the two countries, namely Indonesia and Australia to develop a code of conduct together in conducting international relations ensure legal certainty from any action outside of the code of conduct.Kata Kunci: Pemutusan sementara, hubungan bilateral antara Indonesia- Australia, terkait enyadapan
PENGATURAN PENGGUNAAN ALAT TANGKAP PERIKANAN MENURUT UNDANG-UNDANG NOMOR 45 TAHUN 2009 TENTANG PERUBAHAN UNDANG-UNDANG NOMOR 31 TAHUN 2004 TENTANG PERIKANAN Noprianto, Wahyu; Haryono, Dodi; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Geographical condition of Indonesia as a country that two-thirds of marine waters is composed of marine coastal seas, sea bays and straits give Indonesia the abundant riches, in terms of want to keep and preserve natural resources and biodiversity. The presence of trawls directly proportional to the needs of the community, but its use was then impact on the environment. Indonesian government in this case still happened the tug interests related regulations on fishing gear, especially related to the use of trawls.Based on this understanding, the authors of this paper formulated the two formulation of the problem, namely: first, how setting fishing gear fishery based on Law Number 45 Year 2009 on the Amendment of Law No. 31 Year 2004 on fisheries? second, what are the weaknesses setting fishing gear fisheries in Indonesia?The research method in this study, first, this kind of research is legal juridical research because in this study the authors do a review of literature, both include print media, books, literature, and electronic media.From the research, there are three main things that can be inferred. First, Regulating the use of fishing gear fishery according to Law No. 45 Year 2009 on the Amendment of Law No. 31 of 2004 on Fisheries does not clearly contains a provision concerning the use of fishing gear fisheries in Indonesia. Second, weakness Fisheries Law Indonesia in setting fishing gear in IndonesiaFirst author's suggestion should be the perception among all stakeholders and the public to determine the attitude of how best to use fishing gear trawls arrangements applied in Indonesia and expected government to be able to realize the policies that have been made consistently and responsibly with the various stakeholders in the field of fisheries in Indonesia.Second, to get clarity related to setting fishing gear trawls in Indonesia it is expected the government to synchronize the substance of the legislation in the field of fisheries and integrated appropriately so there is no conflict between the rules with each other in the same set.Keywords : Trawls – Environment – Biodiversity
FUNGSI DAN PERANAN BADAN PENANAMAN MODAL DAN PROMOSI DAERAH PROVINSI RIAU Ade Christhina; Maryati Bachtiar; Dasrol '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Investment and Promotion Agency Region (BPMPD) Riau province is a non-departmental body directly responsible to the Governor. Investment and Promotion Agency Region (BPMPD) Riau province is a body that deals with investments both foreign investors and domestic. Investment and Promotion Agency Region (BPMPD) in charge of promoting regional potential and investment opportunities Riau, facilitate and enhance the development of investment cooperation, perform data collection, monitoring, evaluation and implementation of investment development, make efforts to the development and refinement of increased promotion and investment potential of the region, increase quality investment administration.Keywords: Investment and Promotion Area (BPMPD), Riau Province, Investors
TINJAUAN YURIDIS HAK-HAK PENYANDANG CACAT SEBAGAI PENUMPANG PESAWAT UDARA OLEH MASKAPAI PENERBANGAN DI INDONESIA DITINJAU BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 2009 TENTANG PENERBANGAN Afrial Syarli; Maryati Bachtiar; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Realization of the fulfillment, promotion and protection of the rights of persons withdisabilities as a passenger aircraft is still considered bad. Setting the rights ofpersons with disabilities in the legislation are still less cost and quality of service inthe fulfillment of rights of air passengers by some airlines in Indonesia is stilldiscrimination and do not carry out what is mandated by Act No. 1 of 2009 onAviation.Issues that will be examined in this study are: first, how is setting the rightsof persons with disabilities as a passenger aircraft in terms of legislation inIndonesia ?. Second, How legal protection rights of persons with disabilities as apassenger aircraft by airlines in Indonesia ?.This research is a normative legal research. This study examines the legalkonstistensi in the regulation and protection of the rights of persons with disabilitiesas a passenger aircraft by airlines in Indonesia are reviewed by Act No. 1 of 2000 onAviation. Source of data used is the source of the data obtained from the study ofliterature, among others, covers the official documents, books, tangible researchresults reports and so on. Data were analyzed qualitatively and in drawingconclusions menggunakn deductive method of thinking.Results from this study is the first, setting the rights of persons withdisabilities as a passenger aircraft is set in the Act flight and ministerial regulations,but the regulations have not accommodate the rights of persons with disabilities well,where people with disabilities are still getting treatment tend to be discriminatory, soto the government to immediately renew the laws and legislation related to thedisabled people. Second, the legal protection against the disabled as air passengersin Indonesia are not going well, due to the way people with disabilities, especially theairline against wrong so often discriminated against, Airlines diharakan improvesocialization rights of persons with disabilities in particular regarding theaccessibility of transport aircraft to the ranks directors and crew and improvingservice to the training program.Keywords: Right - Disabilities - Flights
GAGASAN ASEAN OPEN SKIES DI INDONESIA DAN KAITANNYA DENGAN KEDAULATAN WILAYAH UDARA INDONESIA Devi Fajria; Mexsasai Indra; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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ASEAN open skies is a form of policy to open the airspace between fellow members of ASEAN countries. ASEAN open skies policy is part of the purpose of the establishment of the ASEAN Economic Community in an effort to boost the economy in the ASEAN region to improve competitiveness in the international arena so that the economy can grow evenly, also improve people's lives, and the main thing is to reduce poverty. ASEAN open skies does offer access to a huge market, huge profits, increase tourist attraction, as well as the flight frequency will increase. The purpose of this thesis namely; First, to determine the relationship or link between sovereignty with the implementation of the ASEAN policy of open skies; Second, to determine the strategy or the Indonesian government's efforts in dealing with the implications of the implementation of the ASEAN open skies policy, especially in terms economic, defense and security. From the research, there are two main things that can be inferred. First, Indonesian airspace sovereignty and the implementation of the ASEAN open skies policy are interrelated. The principle of sovereignty over the airspace is absolutely and fully recognized in the Multilateral Agreements of ASEAN Multilateral Agreement on Air Services that support the ASEAN open skies policy; Second, , Indonesian government's efforts in dealing with the implications of economic, defense and security of the implementation of the ASEAN policy of open skies is to make improvements to the infrastructure at the airport either airport capacity, systems, and technologies that support flight, and the most important is the strengthening of policies and regulations, especially in the field of safety, security and defense, consumer protection, and law enforcement investment.
TINJAUAN TERHADAP EKSISTENSI HAK ULAYAT DI MINANGKABAU (STUDI KASUS DI KENAGARIAN SUNGAI ANTUAN KECAMATAN MUNGKA, KABUPATEN LIMA PULUH KOTA, SUMATERA BARAT) Devi Wulan Tari; Rika Lestari; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Communal land ownership is an important part of customary rights and is a very important factor in the life of Indonesian society, as well as indigenous people in West Sumatra that most of the population lives and livelihoods depend on the land. Article 3 of Law No. 5 of 1960 on Basic Regulation of Agrarian, containing a statement of recognition of the existence of customary rights of indigenous communities along by the fact still exist, meaning when in reality does not exist, then the customary rights that will not be turned on again, and will not be created new customary rights. According to the Customary Law Minangkabau communal land should not be traded, according to the slogan that live in Minangkabau society. But in reality there is still a violation of the rules of the customs. the purpose of the research is to know how the existence of customary rights in Kenagarian Antuan River, District Mungka, District Fifty City, West Sumatra, and how the role of the prince and Ninik Mamak and density Adat (KAN) customary rights in dispute resolution in Minangkabau. This research was conducted by using a sociological approach to research that want to see the correlation between law and society, with the specification in the form of descriptive research through library research. Based on this research, the existence of customary rights in Kenagarian Antuan River, District Mungka, District Fifty City, West Sumatra, began to weaken and occur several cases of customary rights, the role of Ninik Mamak, the prince is also not optimal because still there is a violation of their decision. Supposedly indigenous peoples and indigenous leaders to work together to protect customary rights, and people are given direction on customary rights and the role of traditional leaders should be optimized again.Keywords : Land Rights - Communal Land - Existence - Customary Law
Pelaksanaan Gadai Tanah Pusaka di Sumatera Barat (Studi Kasus di Kanagarian Koto Berapak Kecamatan Bayang Kabupaten Pesisir Selatan) Dian Lyonanda Putri; Maryati Bachtiar; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Land is an important element of forming the state, in achieving the purpose of the stateneed for government intervention, but the cultural diversity of each region is one of the factorsinhibiting the application of national law. The strength of the legal validity of the customary oneseen in West Sumatra, here against the prevailing land affairs is largely due to the customary lawis the property of the inheritance, as well as the implementation of the pledge in the area. Thepurpose of this study was to determine the inheritance and pawn what is the reason people do notcarry out the return of the land in accordance lien national law.This type of research is the socio-juridical , this research is descriptive analytic. Theresearch location is in Kanagarian Koto Berapak districts Bayang Pesisir Selatan Regency, whilepopulation and the overall sample is be related to the problem in this research. The data sourceused , primary data , secondary data and data tertiary. Data collection techniques with interviewsand review of the literature.Results from this study is the first, process of implementing a pawn of high inheritance isknown to mamak kepala waris, penghulu suku, the village chief and walinagari as well as lowerinheritance difference lower inheritance is known by parents and other relatives (biological).Second, the reason of penghulu suku do not carry out return and redemption pawn by Pasal 7 UUNo. 56 Prp Tahun 1960 is because indigenous people are very uphold the customs that have beenhanded prior to the national law governing, customary law would still apply because theindigenous Minangkabau “tak lakang dek paneh, tak lapuak dek hujan”In conclusion, the implementation of the pawn inheritance in Minangkabau, either lowinheritance or high inheritance the process is equally to be known by government officialsnagari, unless pawn under the hand. And the return of land pawn Minangkabau society continueto perform in accordance with customary law. Suggestions writer, first , so that people do noteasily make a pladge, especially just for subsistence. Secondly, the provisions of Pasal 7 thatprocedure is difficult to accepted by the Minangkabau society, especially in Kanagarian KotoBerapak, therefore it is necessary to find a way to solve it, so the purpose of Pasal 7 UU No. 56Prp Tahun 1960 can be achieved.Keyword: Pawn – Inheritance - In Minangkabau
TINJAUAN YURIDIS TERHADAP PEMBATALAN HIBAH SEBIDANG TANAH MENURUT HUKUM ISLAM PUTUSAN (PERKARA NOMOR 168/PDT.G/2009/PA.PBR) Tambunan, Edy Putra; Hanifah, Mardalena; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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The understanding grant pursuant to Article 171 paragraph g Presidential InstructionNo. 1 of 1991 Compilation of Islamic Law in defining the grant is granting an objectvoluntarily without adaimbalan from one person to another are still alive to have. Compilationof Islamic Law stipulated that grant requirements, penghibah has also 21 years of age,sensible and based on voluntarism and much - much 1/3 of his property as provided for inArticle 210 Compilation of Islamic Law. While grants are made by parents to their children,their children can be taken into account as an inheritance, when her parents died as stipulatedin Article 211 Compilation of Islamic Law while regarding the withdrawal of the grant of thetreasure that has been granted is not possible for the withdrawal, unless the grant is donepeople parents to their children as stipulated in Article 213 Compilation of Islamic Law.Grant also has a social function in people's lives both given individuals andinstitutions, the function of the actual grant does not go accordingly. As one example the caseof a grant to Case Number: 168 / Pdt.G / 2009 / PA.Pbr, concerning the cancellation of a plotof land according to the Islamic law which is in accordance with the provisions of theapplicable law or is not appropriate and to determine how the consideration of the judges inCivil judge No. 168 / Pdt.G / 2009 / PA.Pbr, whether the judge's decision has met theprinciple of legal certainty in the cancellation of the grant a piece of land according to Islamiclaw ruling Case Number 168 / Pdt.G / 2009 / PA.Pbr. This type of research is a normativelaw, namely the study of the level of legal synchronization. In this study the authors used atechnique research literature (Library Research) supported by secondary data according to itspower divided into three Haban law, namely the primary legal materials, secondary law, andtertiary legal materials.From the results of research on the religious court decisions pekanbaru the casenomor168 / Pdt.G / 2009 / PA.Pbr. grants of land and buildings thereon permanent home withGrant Act No. 282/2008 on December 2, 2008, which has been granted or be declaredcanceled or revoked as the joint property of husband and wife, for the purpose ofpenghibahhan not materialize. Judge to consider revocation or cancellation of the grant due tothe grants given to children - his son for the form and purpose of peace between husband andwife are not the occurrence of a divorce, but because of the prodigal son to his parents, underArticle 212 Compilation of Islamic law so it has no legal power premises so the Court ruledthat the grant deed legally canceled.Keywords: Cancellation Grant, Law, Islam
PEMISAHAN HARTA BERSAMA PADA POLIGAMI DIBAWAH TANGAN (STUDI KASUS DI DESA TEBING LESTARI KABUPATEN KAMPAR) Elpiya '; Maryati Bachtiar; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Marriage in Indonesia under the Act is based on monogamous marriage but not limiting. Marriages taking place not only marriage one husband with one wife, although in principle it was. Problems will occur when there is no division of joint property. The authors found that polygamy divorces occurred in the village of Cliffs Lestari no division of community property between husband and ex-wife of former poligaminya both religious law and customary law, so the former wife of polygamy did not get a part of the joint property. The second is based on the author intends to examine the differences in the form of a thesis with the title "Separation of Assets Together In Polygamy Under Hand Case StudiesofSustainableCliffsVillagKampar". The purpose of this research is: To find out the separation of joint property on hand in the village of polygamy under Cliffs Lestari Kampar district. Knowing for efforts to be made by the wife who practice polygamy under the hand if it does not get joint property. The division of joint property in polygamous marriages under the hand has some constraints, namely because this marriage is not regulated by legislation so as to make a claim to the religious court is highly unlikely, Indigenous legal settlement does not run smoothly because customarylawsdonot'mstrictlyadheredto. The conclusion of these problems is the first: The division of joint property on divorce polygamy can use Customary law. The second attempt to do if the wife does not get a piece of common property in the village perceraiann Cliffs sustainable polygamy in Kampar is to use Customary law for mengungat the husband to the district court. As for the suggestion of the author is division of joint property on divorce polygamy under arms in the village of Cliffs sustainable Kampar district shall in dilakuan the Customary law.Keywords: Polygamy under the hand - Joint Distribution Assets - Islamic Law
KEDUDUKAN ANAK ADOPSI DITINJAU DARI HAK PEWARISAN DI INDONESIA Rangkuti, Feby Savira; Bachtiar, Maryati; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Already a nature of every human being in this world of the opposite sex to live together to continue the marriage and form a family that is happy with the goal of having offspring that human life is lost and can not be sustained .The desire to have a child is a human instinct , but the instinct is sometimes hampered by destiny , where the desire to have children is not reached. Adoption is an alternative to save marriage. The phenomenon of child adoption event is common in Indonesia society for both the outside and the family. Law number 1 of 1974 on the marriage does not regulate the issue of adoption or adoption agency but in customary law has been around a long time.In legal research, the researchers used a type of normative legal research. Methods of research in this paper is the research literature drawn from various sources of law. Source data used is primery data, secondary data and tertiary data.Research is the position adopted in the case of inheritance in Indonesia consists of 3 (three) legal systems, namely : customary law, positive law and Islamic law thethrid law has different rules of customary law requires each of the respective regions are some areas stipulate that adopted children have the same status as biological children in terms of inheritance and some areas do not provide equality in terms of inheritance so that adopted children are not entitled to inheritance. While the positive law stipulates that children adopted and biological children have the same position in terms of inheritance but are not regulated clearly in legislation and in Islamic law that arrangement contained in the law compilation islam states against adopted children who do not receive the inheritance given was borrowed as much 1/3 inheritance adoptive parents. The legal consequances of the adoption in terms of liability adoptive parents, they are required for the maintenance and education of the child until the child is capable of standing alone and adoptive parents be the legal guardian of the child since the court ruling setSuggestions writer , First , the government should establish a rule in the form of legislation or codification of the law governing the national adoption so that their legal certainty . Secondly , the need for socialization regarding child adoption so that attainment of the objectives of law and legal awareness in society in the implementation of child adoption .Keywords : The Position of The Child – Inheritance of Indonesia – Legal Consequences

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