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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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PERANAN PENYIDIK PEGAWAI NEGERI SIPIL BALAI BESAR PENGAWASAN OBAT DAN MAKANAN TERHADAP PEREDARAN KOSMETIK ILEGAL DIWILAYAH HUKUM KOTA PEKANBARU Nadia Maharani; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Abstract

Cosmetics today is already a requirement for women and men to beautify the appearance. Illegal cosmetics contain ingredients harmful to public health at the moment is a serious problem, because the cosmetic products containing hazardous substances are illegal and are still circulating freely in the market. The Center for Food and Drug Administration (BBPOM) is an institution that is given the task by the government to monitor the circulating the said cosmetic products illegal. The purpose of this thesis, namely; First, the role of civil servant investigators (investigators) BBPOM the offenses circulation of illegal cosmetics in Jurisdiction Pekanbaru, Second, obstacles PPNS BBPOM the offenses circulation of illegal cosmetics in Jurisdiction Pekanbaru, Third, efforts made PPNS BBPOM of the offenses the circulation of illegal cosmetics Jurisdiction in Pekanbaru.This type of research can be classified in this type of sociological juridical research, because this research author directly conduct research on a study in order to provide a complete and clear picture of the issues examined. This research was conducted in BBPOM Pekanbaru, while the sample population is the whole party with regard to the issues examined in this study, the data source used, primary data, secondary data and data tertiary data collection techniques in this study by observation, interview and literature study.From the research there are three main things that can be inferred. First, the role of investigators BBPOM Pekanbaru in solving cases of illegal cosmetic circulation is not optimal because there are many cases of illegal cosmetic circulation in Pekanbaru city, and a little more perpetrators are brought into the realm of law only administrative sanctions so the lack of deterrent effect on perpetrators. Second, obstacles PPNS BBPOM Pekanbaru in criminal cases the circulation of illegal cosmetics is, a lack of investigators, lack of coordination with the National Police, the factors of infrastructure, lack of public knowledge, perpetrators fled before the enactment as suspects, Third, efforts made PPNS BBPOM the case the crime of illegal cosmetics circulation is to conduct spot checks in coordination with the National Police to store cosmetics, kepasar-market, traditional markets, salons, and place of the alleged occurrence of illegal cosmetic storage, an investigation into the distributor. and BBPOM also do counseling and issued a public warning about cosmetics prohibited. Advice writer, first, it is expected that investigators BBPOM more leverage in dealing with the crime of trafficking illegal cosmetics in Pekanbaru so that the reduced circulation of illegal cosmetics stretcher community, Second, coordination PPNS BBPOM with police, traders and the public in dealing with the crime of trafficking illegal cosmetics in Pekanbaru, third, civil servants investigator large hall plus drug and food control to be optimized in the line of duty.Key: Part – PPNS – BBPOM – Ilegal Cosmetics
PERAN PEMBIMBING KEMASYARAKATAN TERHADAP NARAPIDANA BEBAS BERSYARAT YANG MELAKUKAN TINDAK PIDANA DI BALAI PEMASYARAKATAN KLAS II PEKANBARU Futri, Shofiyana; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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The role of social counselor has an important role in providing guidance to the inmates who have gained parole, by giving special guidance and scrutiny. The shape of the guidance given manifold, ranging from the provision of guidance on the religious, skills, to the personality development. Guidance providing is done to the clients correctional does not undertake criminal anymore, become a better person and be accepted in society. The purposes of this thesis are: First, to know the role of social counselor for parole inmates who committing criminal in the Correctional Center Class II Pekanbaru. Second, to explain the obstacles that faced by the social counselor for parole inmates who committing criminal in the Correctional Center Class II Pekanbaru. Third, to show the efforts made towards social counselors parole inmates who committing criminal in Correctional Centers Class II Pekanbaru.The research is a sociological study, the research was conducted in the Correctional Central Class II Pekanbaru. The population and the sample is all parties involved with the problems examined. Sources of data used are: primary data, secondary data and data tertiary, technical data collection using interviews, questionnaires and review of the literature.Based on this research there are three main issues that can be inferred. First, the role of social counselor for parole inmates who committed the crime in the Correctional Central Class II Pekanbaru has not run optimally. Second, the obstacles that faced by social counselor for parole inmates who committing criminal in the Correctional Central Class II Pekanbaru namely: lack of personnel, facilities and infrastructure, environmental factors, economic factors, the dependency of inmates, Third, efforts made by social counselor the to overcome for parole inmates who committing criminal in the Correctional Central Class II Pekanbaru, increasing the number of personnel, completed the facilities and infrastructure, organize seminar for social counselor. Writer suggest three things, first required the addition of personnel in the Correctional Central Class II Pekanbaru. Second, social counselor should pay more attention to internal or external issue. And social counselor should firmly and precisely take a stand.
KEDUDUKAN ANAK DALAM PENOLAKAN ITSBAT NIKAH MENURUT UNDANG - UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN (STUDI KASUS PENETAPAN NOMOR 0030/PDT.P/2013/PA.TSE) Chandra, Bobby; Lestari, Rika; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Registration of marriage was very large maslahahnya to mankind, especially in the era of globalization as it is today. The elements that are not recorded marriages because they may be troubled marriages, the couple did not have a valid marriage certificate, for it need reaffirm the marriages already performed more commonly known by the term attestation of marriage. Some of the problems that arise are clashes in the aspects of Islamic marriage laws with national laws due to marriage under the hand, as a result status of children born in such marriages are not clear. As in a rejection attestation of marriage determination once knowl-separation of children in the Religious Court Tanjung Selor with number 0030 / Pdt.P / 2013 / PA.Tse. The purpose of this thesis, namely; First, to determine the position of the child in attestation of marriage rejection of marriage according to Law No. 1 of 1974 About Marriage, second, to determine Determination Number 0030 / Pdt.P / 2013 / PA.Tse provide legal certainty to the rights of children born out of marriage that attestation of marriage rejected by the court. The author uses a normative legal research is a study conducted by examining the legal materials of libraries or secondary data.From the research problem there are two main things that can be inferred. First, Position the child in ithbat rejection as a child outside marriage analogous to marry because it does not comply with Article 42 of Law No. 1 of 1974 on Marriage and the absence of regulation of ithbat marriage in Act No. 1 of 1974 on Marriage though children born out of marriage were canceled but because the position of the child before the rejection of marriage as a child ithbat beyond mating then the position of the child remains a child outside of marriage.Second, The rule of law on the rights of children in Determination No. 0030 / Pdt.P / 2013 / PA.Tse can be met with the jurisprudence as a source of law for children to claim their rights of parents admit that where the form of the right to a name parents, legitimate children's inheritance rights, the right to earn a living, the right to a guardian of marriage of the parents if their daughtersKeywords: Ratification of-Marriage-Kids
PELAKSANAAN KLAIM ASURANSI JIWA PT. PRUDENTIAL LIFE ASSURANCE/PRU AINI PEMATANG SIANTAR TERKAIT BATAS WAKTU PENGAJUAN KLAIM Moria Lastina; Mardalena Hanifah; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Insurance is an agreement by which binding to the insured to receive a premium to provide reimbursement to him for the loss, damage or loss that might be expected clappers suffered as a result of a evenemen (events not sure). One thing is quite complicated insurance claims is a matter which is the money the insurance provided by an insurance company or insurer to the insured.This type of research can be classified in this type of juridical sociological research, namely the legal research that discusses the legal identification and effectiveness law. This research was conducted at PT. Prudential Life Assurance / Pru Aini Siantar, while the sample population is overall the parties relating to the issues researched in this study, the source of the data used are primary data and secondary data, methods of collecting data in this study with interviews and literature study.From the research there are three main issues that can be inferred. First, the implementation of life insurance agreement PT Prudential Life Assurance / Pru Aini Siantar with the insured has not been fully implemented. Evidently, there are many insured who received a late claim, do not understand do not even understand about the claim, there are still many requirements that are less claims and not in accordance with the procedure. This proves the persistence of the things in the agreement contained in a life insurance policy that has not been done. Second, barriers that occur in the life insurance agreement with PT Prudential Life Assurance / Pru Aini Siantar are insured are often late paying premiums to a life insurance agent, a lack of public knowledge about life insurance, so that delays in the implementation of insurance between the PT Prudential Life Assurance / Pru Aini Siantar with the insured person. Third, the efforts made by PT Prudential Life Assurance / Pru Aini Siantar against obstacles that arise are giving off facilities premiums (premium holiday) to the insured in order to keep the policy agreements materialize and provide accurate information about the life insurance contract to the insured. Suggestions Writer, first, to implement the provisions of the claim that is not beyond the deadline. Second, find out more information life insurance agreement. Third, reinforce the legislation by including sanctionsKeywords: Life Insurance-Claim-PT Prudential Life Assurance
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA KORUPSI DANA HIBAH DI KABUPATEN BENGKALIS Zikri Yohanda Khairi; Erdianto '; Mexsasai Indra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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One of the criminal acts which can be said to be phenomenal is the problem of corruption. Corruption in Indonesia as it has already become a culture that developed among the upper-class society down. As a district that has a large Regional Government Budget, Bengkalis Regency has a huge potential going criminal offence of corruption, especially on social assistance grants and funds are budgeted in a Regional Government Budget each year. Corruption in the Regency of Bengkalis grants funds to occur in 2012 and has been reported to the police starting in October 2013, but until now in 2017, only 7 people who are punished, 1 in the status of the suspect and still leaves 5 other presumed do corruption of this grants. As for the writing of theses goals, namely: first, the crime of corruption of law enforcement grants and social assistance. Second, the barriers in law enforcement corruption criminal act social assistance grants and funds. Third, efforts are being made to overcome the barriers in law enforcement criminal acts of corruption.The research was sociological legal research i.e. Research wants to see unity between law and society by the existence of a gap between the das sollen and das sein. This research was conducted in the area of the Regency of Bengkalis, while population and the sample is the entire parties concerned with the issue examined in this study, the data source used, the primary data, secondary data and data tertier, techniques of collecting data in this study was conducted through interviews and research librarianship.From the results of the research there are three basic issues that can be inferred. First, in the conduct of law enforcement corruption criminal act social assistance grants and funding, investigators and the public prosecutor made efforts of law enforcement in pereventif as well as repressive. Second, the obstacles faced by the Ditreskrimsus Police State Attorney's Bengkalis Riau and there are two factors, namely the internal factors and external factors. Third, efforts are being made in overcoming internal obstacles that is to increase the number of personnel, minimize expenses for tapping the Fund operations, and coordinate with relevant agencies-agencies. While the effort of overcoming obstacles Externa is renting a House as a place of temporary office and split the teams and collect witnesses assisted by relevant agencies.The author's suggestion, first, improving supervision and involves an active role in the celebrated by law enforcement corruption criminal act social assistance grants and funds. Secondly, the efficiency of the body's internal law enforcement either Police or District Prosecutor General as well as the efficiency of external factors. Third, enforcing the law in a professional manner as well as providing criminal sanctions against the perpetrators of the crime of corruption funds grants.Keywords: Law Enforcement – Criminal Act – Corruption – Grants
KONSTITUSIONALITAS PENGATURAN DEKONSENTRASI DALAM PASAL 5 AYAT (4) UNDANG-UNDANG NOMOR 23 TAHUN 2014 TENTANG PEMERINTAHAN DAERAH DIKAITKAN DENGAN PASAL 18 AYAT (2) UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 IskandarIskandarIskandar, Hafiz; Haryono, Dodi; Artina, Dessy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Abstract

In a unitary State can use the system sentralistis or desentralistis in this Country Indonesia chose the United State desentralistis, it can be seen in chapter VI of the Constitution of the Republic of Indonesia in 1945 About local governance, in the formulation of article 18 paragraph (2) of the constitution of 1945. Another thing in Act No. 23 of 2014 on local governance as implementing Article 18, which lists the dekonsentrasi between the principle of autonomy and medebewind tasks. Then arose the question of whether the dekonsentrasi settings are not set in the Constitution 1945 can be arranged in the Act that in fact is the advanced settings over the constitution of 1945.The type of research that used the author is normative legal research. Normative legal research legal research which is doctrinal, also referred to as the research library or study emphasis is focused on documentary skunder data. The technique of data collection in this research is the study of librarianship, namely authors take an excerpt from the book, literature, or the supporting books relating to issues that will be examined. In the writing of this thesis, the author uses descriptive analysis (descriptive analisys) that aims to provide the task force on the subject of the research based on data obtained from the subject researched.The results of this thesis research States Country Indonesia is a unitary State desentralistik, it can be seen in the history of local government in Indonesia which is reviewed from before independence and the aftermath of independence, To anticipate it and then the Government implement political decentralization and deconsentrasition together in a big way, it is aimed at opening opportunities to the population to participate in organising and taking care of the interests of his household. Actually it doesn't include the word "deconsentrasition" in article 18 paragraph (2) of the constitution of 1945 remain unconstitutional according to the author, as long as deconsentrasition is meant as part of a decentralization commonly referred to as ambtelijk i.e. pelimpahan decentralisatie authority of State equipment (Center) to subordinate agencies (region) to carry out certain jobs in the Government.Keywords: Constitutionality – Deconsentrasi – Local Governance
PELAKSANAAN PEMBERIAN KREDIT KEPADA USAHA MIKRO KECIL DAN MENEGAH OLEH BANK RAKYAT INDONESIA SYARIAH KOTA PEKANBARU Hariyawati, Desi; Bachtiar, Maryati; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Understanding the Syariah principle contained in Article 1 paragraph 13 of Law No. 10 of 1998 which reads principle of Shariah is Islamic law based on the treaty rules between the bank and other parties to hold funds or financing business activities, or other activities stated in accordance with sharia. Understanding Micro by PB BI No. 14/22/PBI/2012 Article 1 paragraph 5 which reads Micro is a productive enterprise belonging to individuals and/or individual business entities, which meet the criteria of Micro, as stipulated in Law No. 20 of 2008 on UMKM. UMKM applying for loans to BRI Syariah must include assurances can be book Owners of Motor Vehicles, Land Certificate, or other securities. However, if the loan requested under Rp 25.000.000, the BRI Syariah establish UMKM do not have to include a guarantee. But in reality, there are UMKM that can not make loans under Rp 25.000.000.Issues examined in this study are: First, How is the implementation lending to micro, small and medium enterprises by BRI Syariah? Second, Is BRI Syariah considerations does not provide credit facilities to the Micro, Small and Medium Enterprises in the city of Pekanbaru?This type of research is a sociological research. Source data used are primary data and secondary data, engineering data collection using interviews and literature study.This study uses a qualitative analysis. By Using conclusion inductive method of thinking.The results of this study are the First, extension of credit to UMKM, BRI Syariah Pekanbaru perform field checks, checks of applications, BICheking data checks, check the surrounding environment, and did a survey of UMKM who submitted pinjaman.UMKM were applying for loans to BRI Syariah must include a guarantee in the form books Own Vehicle, Land Certificate, or other securities. If the loan is requested under Rp 25.000.000, the BRI Syariah establish UMKM do not have to include a guarantee. However, in practice there are UMKM that can not make loans under Rp 25.000.000, -Second, BRI Syariah Advisory Pekanbaru does not provide credit facilities to UMKM because of the absence of guarantees for loans below Rp 25,000,000, is not appropriate , because according to the rules that the Bank Shall provide loans under Rp 25.000.000, without using collateral. Consideration should be avoided not accept to run the obligation to provide credit support to UMKM.Keywords: PT. BRI Syariah Pekanbaru - UMKM - Credit
PELAKSANAAN KEWAJIBAN ANAK TERHADAP ORANG TUA STUDI KASUS UNIT PELAKSANA TEKNIS PELAYANAN SOSIAL TRESNA WERDHA (PSTW) KHUSNUL KHOTIMAH PEKANBARU DITINJAU DARI UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN Charisa Yasmine; Hayatul Ismi; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Marriage raises legal relations with the child born, the Marriage Act in Article 46, paragraph 2 states: if a child has grown, he is obliged to maintain according to his ability, parents and family in straight line upwards, if they need his help.The problems that the author made the basis in the study is how the implementation of the obligations of children against parents according to Law Number 1 Year 1974 About Marriage, and what is the factor of children entrust parents in the Technical Implementation Unit Social Service Tresna Werdha Khusnul Khotimah Pekanbaru. The research method used is descriptive sociological juridical. Source of data used in this research that comes from primary and secondary data. Data analysis uses qualitative data analysis and draw conclusion with deductive method.The results of this study on the implementation of the obligations of children to parents in Technical Implementation Unit of Social Services Tresna Werdha Khusnul Khotimah Pekanbaru when referring to Law Number 1 Year 1974 About Marriage that regulates the obligation of children to parents still found many deficiencies in the implementation. Where there are still children who neglect their parents and entrust to the nursing home. And the reason the child entrusted the parents there are three because of financial factors, the health of parents, and the work of children in the work. The conclusion of Law No. 1 of 1974 concerning Marriage in Article 46 paragraph (2) is implicitly explained about the obligation of the child to provide for his or her parents: the word "nurture" depends on the child's awareness, circumstances and situation.Keywords: Children, Obligations, Parents.
Penyidikan Tindak Pidana Pemalsuan Merek Spidol Snowman Berdasarkan Undang-Undang Nomor 15 Tahun 2001 Tentang Merek Oleh Polisi Daerah Riau Pitri Aisyah; Rika Lestari; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Crimes regarding forgery or falsification is a crime abbreviated form of the crime in which an element of untruth or false state of something (an object), the things it looks from the outside as if true when in fact contrary to the truth. Regarding the rule of law and brand protection stipulated in Law No. 15 of 2001 on Marks. The author chose the study with Snowman marker object as a brand name items are forged with Snowmay markers, because this Snowman markers forgery case the most recent case handled by the Riau Police. Currently the case has SP3, or the forgery case does not proceed, because the parties have to take the path of peace. In the stages of the investigation, the expert witness presented by investigators, stating that the case of counterfeiting markers Snowmay into markers Snowman, was not included into the brand counterfeiting, because the difference between the brand name markers.Issues examined in this study are: First, Do suspicion of counterfeiting markers Snowman become markers Snowmay brand counterfeiting is a criminal offense? Second, How is the investigation of criminal trademark counterfeiting markers Snowman by Act No. 15 of 2001 on Marks by Riau Regional Police ?, What considerations Ditreskrimsus Riau Police investigators claimed that brand counterfeiting markers Snowman is a forgery under Article 91 of Law No. 15 of 2001 Trademark by Riau Regional Police?This type of research is the study of law Sociological. Source data used are primary data and secondary data, data collection techniques. obtained from interviews and literature study. In this study the authors used a qualitative analysis, in drawing conclusions using inductive method of thinking. Results from this study is the first, suspicion of fraud markers Snowman become markers Snowmay a criminal offense of counterfeiting brand is something of a misnomer, because there is a difference in form, name, layout and mentions between markers Snowmay and markers Snowman is the fact that the allegation of forgery brand is mistaken , Second, the investigation of cases of counterfeiting markers Snowmay and markers Snowman become expert examination has been to such a degree, but the case eventually stopped after the complainant revoke its report. In this case the investigator using Article 91 of Trademark Law. Third, consideration Riau Police investigators claimed that brand counterfeiting markers Snowman is a forgery because of a report from the complainant who use Law No. 15 of 2001 on Marks. Suggestions from authors First, investigators must be careful in determining the allegation in a case of forgery of brands Second, in the implementation of the investigation of alleged cases of counterfeit brand Snowman goes wrong, because this case is not counterfeit brand, Third, investigators must be careful in determining the elements of a criminal offense.Keywords: Counterfeit Brand-Markers Snowman-Ditreskrimsus
MODEL OTONOMI DAERAH PADA MASA ORDE LAMA ORDE BARU DAN REFORMASI DI NEGARA KESATUAN REPUBLIK INDONESIA Sagala, Andi; Firdaus, Emilda; Ghafur, Abdul
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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The area is a continuation of the central government in a unitary state, as implemented in Indonesia through the constitution which stipulates that the unitary state of Indonesia is divided into provincial regions and provincial regions divided into regencies and cities, and each province and district / the city has a local government. The regional administration based on the legislation that serves as the norm, strander, procedures, and judging is set by the central government.Law research method used is a normative legal research. Normative legal research refers to the legal norms contained in the legislation and judicial decisions. The nature of this research is descriptive research that is done is illustrate the results of these studies. Or the study of the principles of law, sestematika law, the degree of synchronization of law, legal history and comparative law.The application of legislation of local governments in development are constantly changing as well as policy implementation more decentralized continues to experience ups follow dynamics of incumbents, at least since the independence of Indonesia has had seven laws of local government, in three stages regime, namely the old regime, orde new, and order reforms. During the old order enacted Law No. 1 of 1945 and Act No. 22 In 1948, Law No. 1 In 1957, Law No. 18 In 1965, the new order of Law No. 5 of 1974, and at the time of the order of this reform since 1998 to date have been by the Law No. 22 of 1999 and Law No. 32 of 2004 where the laws no. 32 of 2004 have been revised four times, the first being revised by Law No. 8 In 2005, the latter was revised by Law No. 12 In 2008, the third through the law No. 23 of 2014 and the fourth through Act No. 9 of 2015. Based on studies that do against the law of local government, in any enforcement concept of the unitary state and the decentralization policy has always been the basis of its policies , although its implementation in local government there are regimes that have not fully is applying especially decentralization policies that can generate regional autonomy.Keywords: Autonomy, Mode, and the Unitary State.

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