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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
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Articles 2,579 Documents
Penerapan Sanksi Pasal 279 Kitab Undang-Undang Hukum Pidana Terhadap Tindak Pidana Kejahatan Asal Usul Perkawinan Dalam Kasus Poligami Terhadap Pernikahan Siri M. Fadhillah Johar; Erdianto Effendi; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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The violation of the origin of marriage was felonies which could have a negative impact to Indonesian people. Many state officials were doing the violation of the origin of marriage to fulfil their desires and eagerness to remarriage by way of polygamy through unregistered marriage. The objective of the research was first, to know the implementation of sanction of article 279 of penal code about the violation of the origin of marriage againts the unregistered marriage. Second, to know whether the unregistered marriage can be criminalized.Writing this research uses normative law research that examines the legislation and the principles of law, Marriage Law No. 1 of 1974 and the legislation of penal code in Indonesia. This research had a descriptive nature, which was a form of research that aimed to an overview of the problem. Source of data used was secondary data consists of primary, secondary and tertiary legal materials. The gathered data were analyzed by literature studies or study documents such as books, magazines, journals and the legislation in force. Thus, this study has the relationship between the data contained either in the legislation or in the literature.From the result of the research, there were two main points could be inferred. First, the unregistrated marriage of polygamy was felonies which could be categorized into the violation of the origin of marriage, therefore people who commited unregistrated marriage of polygamy must be held accountable. Second, the unregistrated marriage could be criminalized, because the marriage was not registered under the terms of legislation, thus this was the violation of laws. However, the criminalization of unregistrated marriage was not make the marriage “haram” in islamic belief, the marriage would be valid as long as its fulfilled the requirements.Key Word : The Violation of the Origin of Marriage – Polygamy – Unregistered Marriage
PENYELESAIAN WANPRESTASI DENGAN JAMINAN TANAH PADA KOPERASI UNIT DESA (KUD) HASRAT JAYA KECAMATAN TAPUNG KABUPATEN KAMPAR Ilham Kusuma Dhani; Firdaus '; Maryati Bachtiar
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Village Unit Cooperatives (KUD) desire Jaya in the village Pagaruyung Tapung District of Kampar regency as container dealer credit to the community. One of the areas of cooperative efforts is felt increasingly increasingly needed by society is the savings and loan business. Savings and loans in the cooperative as an alternative means in terms of borrowing money or credit. In conducting the borrowing or credit both parties involved prior to an agreement being poured into an agreement. Giving credit as outlined in the borrowing agreement under Article 1754 to Article 1769 Civil Code. Thus the making of a credit agreement should refer or be subject to the provisions contained in the Civil Code and is based on an agreement between the parties so that there is no compulsion in terms of making this agreement. In a cash loan agreement does not cover possible defaults. Based on data obtained from the Village Unit Cooperatives (KUD) Desire Jaya period in 2015 there were 36 debtors who do a loan agreement at the Village Unit Cooperatives (KUD) desire Jaya. From that period there were six troubled borrowers, such as in the case of installment payment arrears or bad debts carried by the debtor.The purpose of this thesis, namely: first, to know the completion of defaults among members of a cooperative with the village unit cooperatives desire jaya acting outside the court, second, to see the efforts of the parties in the settlement of defaulting between members of the cooperative with the village unit cooperatives desire jaya ,This type of research is classified in socio-juridical research, because this research author directly conduct research on the location or point examined in order to provide a complete and clear picture of the issues examined. This research was conducted in the Village Unit Cooperatives desire Jaya in the village Pagaruyung Tapung District of Kampar, the data used is primary data, secondary data and data tertiary and research data collection techniques such as interviews, questionnaires and literature study.From the results, it can be concluded that the first settlement efforts undertaken by the Village Unit Cooperatives Jaya desire is through settlement amicably by giving a warning and a call to the party in default in the loan agreement on savings and loans belonging to the Village Unit Cooperatives desire Jaya. Second, efforts are made to menyelesaian defaulting cooperative members by providing extension of repayment periods on members who default. The author suggested that lending by village unit cooperatives jaya desire to members continues to be maintained because it helps members. The cooperative should be more cautious in lending to members and the cooperative must also make special rules for the lending and borrowing in terms of granting loans to its members.
PELAKSANAAN ASURANSI KEBAKARAN PADA PT. JASINDO TAKAFUL CABANG PEKANBARU Moch. H. Cahyana Maulana; Mardalena Hanifah; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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The interrelationship between the insurer in this case PT. Jasindo Takaful Branch Pekanbaru and the insured parties as service users created rights and obligations for each party, but in practice the loss of baggage that causes damage to the passenger without realizing the rights of passengers as appropriateThe purpose of this study, to determine bagaimankah implementation of fire insurance on PT.Jasindo Takaful, to determine the obstacles or barriers to the implementation of fire insurance PT. Jasindo Takaful branch Pekanbaru. To know the efforts to be made by the customer to fire at. Jasindo Takaful branch Pekanbaru.This type of research is a sociological research, because this research author directly conduct research on the location or point examined in order to provide a complete and clear picture of the issues examined. This research was conducted at PT. Jasindo Takaful branch Pekanbaru, while the sample population is a whole party with regard to the problems examined in penelitiaan this, the data source used, primary data, secondary data and data tertiary, data collection techniques in this study with interviews, filling the questionnaire, and literature study.Implementation of fire insurance on PT. Jasindo Takaful using the principle of Mudharabah (profit sharing) and wakalah principle (keep or surrender). Fire insurance implementation constraints on PT. Jasindo Takaful Branch Pekanbaru is later than the insured party provides the information required to make the process of compensation and depreciation problems. Efforts to be made by the customer to fire at. Jasindo Takaful Pekanbaru branch is to provide information related to losses suffered by the insured.To the PT. Jasindo Takaful Pekanbaru Branch in order to implement the claims process is always guided by the policies and legislation so that no insured disadvantaged and in doing his duty is to bear the risk of the insured in order meminimalisis depreciable there so it does not harm the insured, To the insured, in order to inform each case which occurred in a timely manner so that any claims paid on time.
PERANAN LEMBAGA PEMASYARAKATAN DALAM MEMBINA DAN MENANGGULANGI NARAPIDANA RESIDIVIS DI WILAYAH HUKUM KOTA DUMAI Eko Saputra; Erdianto '; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Penitentiary not only as a place to simply convict people, but also as a place to build also to educate the convicted people, so that later after they finish the criminal have the ability to adjust to life outside the penitentiary as a good citizen and obedient To the applicable law. However, in reality today, the coaching is not optimal and will make a seed of deeds that can be repeatedly done so that they will return to the coaching for a second time. In the case of placement and guidance, it should be necessary for perpetrators who perpetrate a recurrent crime (recidivist) should be differentiated from placement and guidance with prisoners who first enter into a penitentiary. It aims to prevent the inmates from having a first-time incident to commit another crime after being released, but unfortunately this has not yet been done.The purpose of this thesis writing, namely: first, assess the role of correctional institutions in fostering and tackling inmates residivis in Dumai City Legal Territory. Secondly, to know the constraints of correctional institutions in fostering and overcoming prisoners of residivis in the Dumai City Legal Territory. This type of research is a sociological or empirical legal research, ie research obtained directly from the community or primary data research.From the results of research problems there are two main things that can be concluded. First, prisons in fostering and tackling prisoners of recidivists perform two ways, the first coaching from within the wall and the second coaching from outside the wall. Second, constraints of correctional institutions in conducting coaching are, lack of awareness and discipline of the inmates themselves, as well as lack of discipline and assertiveness of officers in the process of coaching. Suggestion writer, first, pay more attention to coaching process and guidance which done in prison. Secondly, it further enhances the sense of discipline of prisoners in the process of guidance and counseling, and improve the quality of work and discipline prison officers in the process of coaching.Keywords: Penitentiary - Fostering - Residivist Prisoners
PERTANGGUNGJAWABAN ASURANSI SOSIAL PADA PT. JASA RAHARJA (PERSERO) TERHADAP KECELAKAAN PENUMPANG UMUM OLEH PT. JASA RAHARJA CABANG MEDAN Agus Jonatan P; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Insurance cover or simply organize the restitution of a loss that can be measured by money. Insurance amount of money set up insurance that provides compensation amount as had been agreed previously and there should be no relationship between the loss suffered by the amount of money given by the person indursnce. an important element in the event of insurance contained in the formulation of Article 246 of the Commercial code is for damages. These elements refer only to the insurance (loss insurance) whose object is wealth. Life insurance (life insurance) are not included in the formulation of Article 246 of the Commercial code, because the human spirit is not wealth.This type of research is classified in socio-juridical kind of research, because this research peneluis directly conduct research on the location or place gambara examined in order to provide complete and clear about the issues examined. This research was conducted at Jasa Raharja Branch Medan, while the sample population is a whole party with regard to the issues examined in this study, the data source used, primary data, flat secondary data tertiary, data collection techniques in this study through interviews and a review of the literature.From the research there are three main issues that can be inferred, first, Accountability Social Insurance held by Jasa Raharja is already going well but there is still yet to be done properly and not in accordance with the provisions stipulated in Law Number. 33 Year 1964 About the Fund Coverage Compulsory Accident passengers because many victims find it difficult bureaucracy in the management of compensation and does not fit in the disbursement of compensation, the compensation arrangement and doesn’t fit in the disbursement. faced by Jasa Raharja in social insurance liability on public passenger accident victim is in handling the victims or heirs of the victim that is non accessories files maintenance requirements Prog compensation fund as stated in the regulations, third, The efforts made by Jasa Raharja in the face of obstacles in the social insurance liability accident passengers that is by holding public dissemination to the public, students and students about the benefits kcelakaan road traffic and public passenger accident given by Jasa Raharja, the socialization of the rights and obligations of the victim or the victim's heirs againstKeywords: General Accident - Insurance Social - Responsibil
Penerapan CSR (Corporate Social Responsibility) Melalui Program Kemitraan dan Bina Lingkungan Oleh PT PLN (Persero) Tbk Wilayah Riau dan Kepulauan Riau Cabang Pekanbaru Ferdian Septa; Firdaus '; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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CSR stands for Corporate Social Responsibility is the company's commitment to participate in the sustainable economic development to improve the quality of life and environment is beneficial, both for the company itself, the local community and society in general. Partnership Program which is a program to enhance the ability of small businesses to be strong and independent through the use of funds from the SOE profits annually. While Environment Development Program (, a program to establish prospective Partners new and empowering social conditions of society by the state through the utilization of funds from the profits of SOEs. When listened deeper, there is a difference between CSR private companies with CSR, state-owned company that implements CSR one of them PT PLN particularly PT PLN (Persero) Tbk Territory Riau and Riau Islands branch of Pekanbaru.Issues examined in this study are: First, Do the Partnership Program and Community Development (CSR) is included in the Corporate Social Responsibility (CSR)? Second, Do PKBL conducted by PT PLN (Persero) Tbk Territory Riau and Riau Islands Pekanbaru branch are in accordance with the provisions of Legislation in Indonesia ?? Third, What are the constraints and the efforts of PT PLN (Persero) Tbk Territory Riau and Riau Islands branch of Pekanbaru in the implementation of CSR?The results of this study are First In essence CSR is stipulated in the Regulation of the Minister of SOEs reserved for state-owned companies, so there will be an obligation for SOEs to implement CSR in the form of CSR, while CSR compulsory for all enterprises according to the Company Law, the Second Program Social Responsibility (CSR) through the Partnership by PT PLN (Persero) Tbk Territory Riau and Riau Islands branch Pekanbaru include Community Relations (Public Service), Community Services (Public Relations) and the Community Empowering (Independent Community), Third, efforts to overcome obstacles factor internal in the implementation of CSR through the CSR is to increase the number of human resources. Efforts undertaken by PT PLN to overcome external factors, namely to disseminate to the public, either directly or using electronic technology to inform about CSR through the CSR program conducted by PT PLN (Persero,Keywords: CSR - CSR - PT PLN (Persero)
Tinjauan Yuridis terhadap Pelanggaran Prinsip Keterbukaan pada PraktekWindows Dressing dalam Pasar Modal Indonesia Hutabarat, Ribka Delila; ', Firdaus; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Information disclosure is an important element for the corporate worldbecause information on the substance presents the description, notes ordescription of good for the State of the past and the latest of an enterprise andthe market effect. But in reality, not all issuers disclose information that isactually about the fact material in the prospectus.If there is a breach of the principle of disclosure by issuers then issuers willbe subject to administrative sanctions in accordance with Article 102 of TheCapital Market Laws, namely in the form of a written warning, fines, namely theobligation to pay a certain sum of money, restrictions on business activities,freezing of business activities, business license revocation, cancellation ofagreement and cancellation of registration. is an action that beautify the financialstatements of a company. This is referred to as windows dressing.Windows dressings aims to enhance your company's image so as toattract investors to make investments. The practice of dressing the windows inthe capital markets can still be said to be a reasonable course of actionthroughout the activities aimed to improve the company and not to the detrimentof others. However, the practice of dressing the windows can be categorized as acriminal offence the capital markets if such activity creates information or issuesmisleading so as to affect the market mechanism. In the event of the occurrence ofthe windows dressing, the practice of legal protection afforded to investors couldbe done in a preventive and repressive.Preventative legal protection carried out by PT. Stock Exchange by doing atemporary suspension against securities trading. While the repressive legalprotection carried out by OJK with conducting surveillance, investigation and theimposition of sanctions to any party proven to engage in the practice of cheatingor fraud in the capital market. In addition, investors who feel aggrieved may do alawsuit to the Court against the issuers that have been doing practice windowsdressing.Keywords:Investors Protection - Windows Dressing – Issuer
Penyelesaian Sengketa Dengan Mediasi Melalui Badan Pertanahan Nasional Antara PT. Meridan Sejati Surya Plantation Dengan Kelompok Tani Tunas Jaya di Kabupaten Siak Provinsi Riau. Nanda Yusri Pratama
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Mediation is a form of dispute relation that bring the two sides that there is disagreement between the two parties in order to find a solution or a way out of the problem they face. This mediaton where both parties may issue his opinion of each of the existing problems and their expected path of peace between the two sides.Problems that occur between PT.Meridan with farmer groups shoots Jaya is done through legal channels is court, where PT.Meridan not willing to serve the demands of the farmers victoriuos through mediaton but by taking legal action in court.This type of research is descriptive sociological research conducted in PT.Meridan and farmer groups shoots victorious on land parcels HGU using pimary and secondary data. Of research and discussion lead to the conclusion that PT. Meridan stated that the land they have been obtained by lawful and has made payment of compensation to the land of people who are in a location HGU issued authorized officer.Keywords : dispute realtion-mediaton
KARAKTERISTIK SISTEM PARLEMENTER DALAM SISTEM PEMERINTAHAN DI INDONESIA PASCA AMANDEMEN UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 IZZATI, HALIMAH NUR; Indra, Mexsasai; ', Junaidi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Enforcement of the governance system of a country can be affected by various factors, based on the needs, historical factors and socio-political conditions of a country. To know a country's system of government is to see the mission of the Constitution of each country, whether the country is embracing parliamentary system of government (parliamentary system) or the presidential system of government (presidential system). Parliamentary system is a system that emphasizes the parliament as a subject of the government, while the presidential system emphasizes the role of executive president as the subject of government.Completion of the system of government after the amendment of the Constitution of the Republic of Indonesia Year 1945 in order to truly meet the basic principles of the presidential system has been attempted, such as the strengthening of several articles of the Constitution of the Republic of Indonesia Year 1945 as the mechanism of impeachment of a president who governed more detailed and procedural again. However there are still some phenomena in the life of the state is likely to lead to parliamentary. It's like when the position of the House is getting stronger or a majority of parliamentarians are not the opposition party or parties supporting the President, then the President can not be completely ruled as much about strategic policies that must be taken with the House according to the provisions contained in Act Constitution of the Republic of Indonesia Year 1945.key words: system of government - a parliamentary government system characteristics - Act of 1945
PENGATURAN PENGGANTIAN BIAYA AHLI DALAM MEMBERIKAN KETERANGAN DI PERSIDANGAN BERDASARKAN HUKUM ACARA PIDANA INDONESIA Resti Nauli Halim. B; Erdianto '; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Indonesia is a state based on law (rechtstaat), where one of the existing arrangements in Indonesia is the code of Criminal Procedure (Criminal Procedure Code) as codification and univfikasi law. Under the provisions of Article 184 paragraph (1) of the law on Criminal Proceedings (Criminal Procedure Code) provides that in criminal proceedings, there is valid evidence, namely: witness testimony, expert testimony, letters, instructions and testimony of the defendant. Evidence from expert testimonies have an important role in making light of a criminal case in finding the material truth. In article 229 paragraph (1) Criminal Procedure Code mentioned the right to a replacement cost of a witness or expert who summons to appear in court, but in practice it is not uncommon these rights are ignored and not optimal to run. The purpose of this thesis are: first, to know the idea of reimbursement expert testified at the trial by the Criminal Procedure Code Indonesia. Second, to determine the mechanism of submission of an expert witness in criminal justice according to the Criminal Procedure Law of Indonesia.This research is a normative juridical or normative legal research. The data source is secondary data consisting of primary legal materials, secondary law and tertiary legal materials. Data collection techniques in this study is a review of literature and documentary studies and data analysis used teknik ie deduktive method.From the results of research can be concluded, first implementation of the right to a replacement cost for the expert still are not running optimally according to Article 229 of the Code of Criminal Procedure (Criminal Procedure Code). Second, under of Article 180 paragraph (1) of the Law on Criminal Proceedings (Criminal Procedure Code) provides that the presiding judge may request expert session. If the presiding judge or court hearing the request for information is not expert each party as well as the prosecution alleged, then it can guarantee the impatiality of experts in ensuring the rights of the accused and the prosecution are common cosam judges in finding the material truth. Advice writer, first, to reinforce the responsibility of the state to compensate the experts were called in any court process as outlined in the Code of Criminal Procedure (Criminal Procedure Code). The second, more detailed evidence on when the expert testimony may be required in order to guarantee the rights of each institution to call an expert without ignoring the rights of suspects and defendants.Keywords: Replacement Cost – Expert – In Trial

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