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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Articles 2,579 Documents
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PENERAPAN HUKUM TERHADAP TINDAK PIDANA MENYAMPAIKAN INFORMASI PALSU YANG MEMBAHAYAKAN PENERBANGAN Teguh Arif Setiawan; Erdianto Effendi; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Aviation Security is a condition that provides protection to aviation from unlawful acts through the integration of the utilization of human resources, facilities, and procedures. One of the threats to the safety and security of aviation is the presence of information that is threatening to safety and security. Threats to the security and safety of civil aviation against acts of terrorism and its derivatives, including information on threats to the safety and security of aviation either verbally, through social media, telephone, mail kites, packages, or otherwise. Threats received by airlines on threats and terror information will be taken seriously to ensure the safety and security of aviation. The purpose of writing this skrisi is; First, to find out how the application of the law to criminal acts conveys false information that endangers aviation. Secondly, to find out how the application of law to perpetrators who claim to jokingly convey false information that endanger the flight.This type of research can be classified in the type of normative juridical research, namely research that discusses the principles of law, legal system, level of legal synchronization, in this case researchers discuss the principles of law. This research is done by examining library materials or secondary data in the form of legislation and books written by legal experts related to research titles, articles, journals and various other sources. The data source used is secondary data source. Secondary data is divided into three types, namely: primary legal materials, secondary legal materials and tertiary legal materials, data collection techniques in this study used literature review method or documentary study.From the results of research problems there are two main things that can be concluded. First, Delivering False Information that jeopardizes flights under the Terrorism Act is called an act of terrorism because it has caused fear of the crowd. Second, the application of the law to the perpetrator conveying false information claiming to joke that endanger the flight may be subject to article 437 paragraph (1) of Law Number 1 of 2009 on Aviation. Until now the application of criminal sanctions Article 437 paragraph (1) Law No. 1 of 2009 on Aviation for perpetrators has not been done. The author's suggestion, Firstly, the Elements of Regulation No. 15 of 2003 on the Eradication of Terrorism Crime and Law Number 1 of 2009 on Aviation to make it more clear that the application of its law can be executed in accordance with the actions of the perpetrator to convey false information that endanger Aviation . Secondly, criminal sanctions for perpetrators passing false information that endangers flights should be more assertive.Keywords: Implementation-False Information
TINJAUAN YURIDIS PUTUSAN KOMISI PENGAWAS PERSAINGAN USAHA TENTANG PERSEKONGKOLAN MENENTUKAN PEMENANG TENDER PENGADAAN BARANG DAN JASA BIDANG ALAT KEDOKTERAN, KESEHATAN DAN KB TAHUN ANGGARAN 2011 DI KOTA BATAM (PUTUSAN PERKARA NOMOR 10/KPPU-L/2013) Vitis Sera; Mardalena Hanifah; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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For economic growth and development can not be separated on interference of the Government in the economic activity. The shape of the intervention of the Government include the establishment of Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition, which is the purpose of the establishment of the Act is to provide equal opportunities for citizens or businesses to run their businesses, creating a climate of a healthy business, conducive, competitive and improve people's welfare. In the Act there are provisions concerning the activities, one of which is a conspiracy that could lead to monopolistic practices and or unfair business competition. In the study the authors make is about the violation of Article 22 of Law Number 5 of 1999, which in Case Decision Number 10 / KPPU – L / 2013 of conspiracy determine the winner of the tender for Procurement of Goods and Services Sector, Medical Equipment, Health and Family Planning Fiscal Year 2011 in Batam. From the research that the author created, which became the central issue is: How conspiracy in menentuan winning bidder Procurement in Case Commission's Decision No. 10 / KPPU-L / 2013 of conspiracy determine the winner of the tender for Procurement of Goods and Services Sector, Medical Equipment, Health and Family Planning Fiscal year 2011 in the city of Batam. How legal considerations Business Competition Supervisory Commission of the conspiracy in the Commission's Decision on Case No. 10 / KPPU - L / 2013. The method used in this study is if the views of its kind, the study included in this type of normative research, while judging from the nature of this research is descriptive that provide the data as accurately as possible about the fundamental issues that the author adopted with the purpose of obtaining the answers to these problems and to assist in perpetrate the old theories or in order to construct new theories, which intends to provide a clear picture and details about how the implementation of the law, both in theory and in practice to be described as well the principles of law between the regulatory Act number 5 of 1999 in Case Decision number 10 / KPPU-L / 2013. The research results are of Conspiracy on convictions Case Number 10 / KPPU-L / 2013, then the Commission commissioned Preliminary Examination team, Advanced Inspection to conduct an investigation into Case Decision No. 10 / KPPU-L / 2013. Legal considerations of the Commission in Case Decision No. 10 / KPPU-L / 2013, by conducting a series of investigations that are assigned to the Investigation Team, then collected evidence, namely Letters and Documents of the Party, as well as gathering information from witnesses and Reported, so that the results of the examination and tools evidence-tool as consideration of the Commission to decide Case Number 10 / KPPU-L / 2013. Keywords: KPPU-Procurement-Tender
Kekuatan Hukum Surat Kuasa Membebankan Hak Tanggungan (SKMHT) Sebagai Dasar Pembebanan Hak Tanggungan Dalam Perjanjian Kredit) Ilham Dedi Perdana; Maryati Bachtiar; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Article 15 paragraph (3) and (4) of Law No. 4 of 1996 on Mortgage has stated that, the Power of Attorney Imposing Mortgage (SKMHT) over land rights that have not been registered shall be followed by the manufacture of the Deed Granting Mortgage Not later than 3 (three) months after the given, and the Power of Attorney Imposing Mortgage (SKMHT) over land rights that has been registered shall be followed by administration of Mortgage Deed no later than 1 (one) month after awarded. The fact that happened on the field many of the parties that do not register SKMHT be APHT which the registration deadline has been set by UUHT.The purpose of this paper are: first, to determine the legal effect of SKMHT that is not registered with APHT manufacture, secondly, to determine the binding force of the Power of Attorney Imposing Mortgage (SKMHT) in credit agreements.Type of this research can be classified in this type of normative research, normative research is a law research literature. Because it makes the literature as the main focus in this research. In a normative legal research has criteria for this type of research is research that discusses the general principles of law, the data source used, primary data, secondary data, and the data tertiary data collection techniques in this study by the research literature or study documents.From the research problem there are two main things that can be inferred. First, if SKMHT not yet been registered into APHT then the debtor may extend the term of SKMHT with a record of paying with jumblah very big, because if SKMHT not be registered as APHT then SKMHT the void that would result in the creditor does not have preferential rights over object security rights if the debtor defaults or bad credit. Second, difficulties in registration SKMH are: expensive and very short period of time. Advice writer, first, Should the parties, especially creditors to consider the use of SKMHT in terms of the debtor credit borrowing, second, Should the creditor to provide credit to borrowers is not the whole at once but gradually by the time credit has been agreed.Keywords: SKMHT - APHT - Credit Agreement
ANALISI YURIDIS TERHADAP PENGECUALIAN PEMBAKARAN LAHAN DAN HUTAN BERDASARKAN PASAL 69 AYAT (2) UNDANG-UNDANG NOMOR 32 TAHUN 2009 TENTANG PENGLOLAAN DAN PERLINDUNGAN LINGKUNGAN HIDUP Gaol, Hendra Eriant Dikser Lumban; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Indonesia is a country rich in natural wealth. Among them are forests. According to Big Indonesian Dictionary, the forest is a land overgrown with trees and usually not maintained by people. Some types of forest in Indonesia according to climate is tropical rain forest, forest season, savanna, steppe and mangrove forest (mangrove). The type of forest based on its function is conservation forest, protection forest and production forest.Forest fires are frequent in Indonesia, especially on the islands of Sumatra and Kalimantan. In history it is said that forest fires have occurred in Indonesia since the 18th century. Starting from a fire in the forest area between the Kalanan River and Cempaka (now Sampit River and Katingan River) Central Kalimantan Province in 1877. Based on the above explanation, the author of this law provides a knowledge of a thing that should be raised into a study with Title "Juridical Analysis Against the Exemption of Land and Forest Burning Based on Article 69 Paragraph (2) of Law Number 32 Year 2009 on the Management and Protection of the Environment". With the issue What is the basis of consideration of the exception to forest fires according to Law Number 32 Year 2009 on Environmental Protection and Management? Is the exclusion not contrary to other laws and regulations? The type of research used by the author is normative juridical research, which is the type of research that discusses the principles of law, legal system, legal synchronization level, legal history and comparative law.As for the conclusions obtained from the research is that the basis of consideration of exception to forest fires according to law number 32 of 2009 on environmental protection and management to date is still a question. Taking into account only local wisdom, fires on forests and land are then allowed (exceptions). The Status of Exception The provision of Article 69 Paragraph (2) of the Other Laws and Regulations is clearly contradictory. This is particularly evident in Article 28H paragraph (1) of the 1945 Constitution of the State of the Republic of Indonesia.KEY WORDS: Law Enforcement, Forest and Landfire, Regulatory Synchronization
PERJANJIAN JUAL BELI KELAPA SAWIT ANTARA PETANI KELAPA SAWIT DENGAN TAUKE (PEDAGANG KELAPA SAWIT) DI KELURAHAN PADANG JOTO GADANG KECAMATAN PALEMBAYAN KABUPATEN AGAM PADA TAHUN 2014 Hoga Retmi Hendri; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Approximately 70% of the people in the village of Padang Koto Gadang district of Palembayan, Agam regency hung their life with oil palm plantations and sell their produce to the tauke (palm oil traders). Selling harvesting by debt bondage system is indeed at first appeared that both parties acting in good faith, however, over time this transaction will result in losses for farmers because farmers usually sell the harvest below the production selling price. The problems discussed in this thesis is, First, how is the execution of a purchase agreement between the farmers and oil palm traders in Padang Koto Gadang, district of Palembayan, Agam regency 2014? Second, how is the legal protection of the oil palm farmers from debt bondage system which is done by the employer (palm oil traders) in Padang Koto Gadang district of Palembayan, Agam regency 2014? Third, how is the legal effort which is taken by the parties in the purchase agreemen in Padang Koto Gadang district of Palembayan, Agam regency 2014?The method of research in this study, using this type of research is sociological / empirical research sites jurisdiction of the High Court of Riau. In this research, data collection by interview, and literature study. After the data collected then analyzed qualitatively, then conclude with the deductive method is to analyze the problems of the general form into special shapes. From the results of this study concluded, the first, execution of a purchase agreement between the oil palm farmers in Padang Koto Gadang district of Palembayan, Agam regency 2014 is done with debt bondage system. This system makes the farmers suffered losses because of debts growing in the long term, the second, legal protection against oil palm farmers from debt bondage system in Padang Koto Gadang district of Palembayan, Agam regency 2014 is settled with the family principle with consensus, and present chairmen of indigenous families and communities in that area, the third, legal actions taken by the farmers have been regulated by Law No. 19 of 2013 on the Protection and Empowerment of Farmers in the form of the provision of facilities and infrastructure, provide insurance of land, providing education and counseling about the farmKeywords: Sale and purchase of palm oil, Debt bondage system, Village of Padang Koto Gadang
PERALIHAN HAK KEPEMILIKAN HARTA KEKAYAAN YANG TIDAK DIKETAHUI PEMILIK DAN AHLI WARISNYA DI BALAI HARTA PENINGGALAN KOTA MEDAN Marta Afdel Bonita Sihombing; Firdaus '; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Switch means the transfer of ownership of the land from its owner to other parties due to the existence of a legal act. Transfer of rights of ownership of assets that are not known to exist based on Article 463 of the Civil Code which states that the Heritage Center as a representative for the people who are not known to exist to take care of property that is not present based on the stipulation of the District Court. In the submission, Heritage Hall Medan is not fully perform its obligations due to some constraints. Heritage Hall is the unit law enforcement in the field of wealth and trust in the Ministry of Justice. Heritage Hall authorities, obliged and responsible in dealing with problems in the field of guardianship, wardship, ketidakhadiranan, inheritance derelict and bankruptcy. Absence (afweigheid) is intended to provide certainty of one's civil rights to both the left and abandoned.This type of research can be classified in this type of 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 the Center for Heritage city of Medan, while the sample population is a whole party with regard to the problems examined, the data source used, primary data, virgin secondary data and tertiary data collection techniques in this study with interviews and literature study.From the results of research and discussion can be concluded that, First, transition ownership of assets of unknown owners and their heirs are not going transition between the owner and occupants because of the obstacles that make Heritage Hall did not carry out its obligations in its staff, in the rules. Secondly, the legal consequences of the transfer of rights ownership of the assets of unknown owners and their heirs that no transfer of ownership of the assets to the occupant and the occupant can only occupy the building as an educational building.Keywords: Transition - Circumstances Not Present (afwezigheid) - Heritage Hall
Pelaksanaan Nikah Muhalil di Kecamatan Peranap Kabupaten Indragiri Hulu Utami, Lisa Putri; Ismi, Hayatul; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Nikah muhalil is a man who married a woman who was in triple divorce with the aim that the first man could come back with him. In this marriage muhalil, the problem arises when the engineering process occurs when the former husband looking for another man to marry his wife by stating the requirement is that the man who married his wife and then menceraikanya. The purpose of writing this thesis, namely; First, Implementation of marriage muhalil in Peranap District Indragiri Hulu Regency, Second, the factors causing the happening of marriage muhalil in Permanap District Indragiri Hulu Regency, Third, The impact of the happening of marriage muhalil in District Peranap.This type of research can be classified in the type of sociological juridical research, because in this study the authors directly conduct research on the location or place studied in order to provide a complete and clear picture of the problem under study. This research was conducted in Kecamatan Peranap of Indragiri Hulu Regency, while the population and sample were all parties related to the problem studied in this research, data source used, primary data, secondary data, and tertiary data, data collecting technique in this research with Interviews and literature study.From the results of research problems there are three main things that can be concluded. First, Nikah muhalil only to justify a woman who has been divorced three to be married back by her ex-husband. Secondly, the factors of the happening of marriage muhalil in Peranap District Indragiri Hulu regency like, the desire of married couples back with ex-spouses, religious factors, educational factors, economic factors, the lack of socialization of the relevant agencies, Third, the impact of the occurrence of marriage muhalil ie, Impact on the parties, impact on children, impact on marriage after marriage muhalil, impact on the environment. Suggestion Writer, First, For the government of Sub-District Peranap Indragiri Hulu need to socialize about marriage especially about this marriage muhalil and problem in it, Second, For those who carry out marriage muhalil expected to understand about purpose of real marriage and also for muhalil which justifies woman Have been denied three do not just get married to expect some money,Third, For religious leaders should explore the science of marriage law in Indonesia in order to understand the marriage and divorce procedures. Keywords: Implementation - Nikah Muhalil - District Peranap
PENYIDIKAN TERHADAP TINDAK PIDANA PERAMBAHAN KAWASAN HUTAN CAGAR BIOSFER GIAM SIAK KECIL OLEH KEPOLISIAN RESOR BENGKALIS BERDASARKAN UNDANG-UNDANG NOMOR 18 TAHUN 2013 TENTANG PENCEGAHAN DAN PEMBERANTASAN PERUSAKAN HUTAN Marsela, Sharah; Indra, Mexsasai; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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In the case of encroachment Forest neighborhood Biosphere Reserve Giam Siak Kecil this, the Investigator is the person doing the investigation consisting of officials that the State Police of the Republic of Indonesia (INP) which is divided into official investigators full and investigation authorities helpers, as well as civil servants particular by special authority of the law. The case of encroachment of forest land biosphere reserve is done by the village Government-owned land sold to people to buy the land with the intention to expand the village.From the research there are three main issues that can be inferred. First, the Crime Investigation Encroachment Against Forest Region Biosphere Reserve Giam Siak Kecil By Police Bengkalis has not done effectively, because there are many cases of forest fires and encroachment of forest areas Cgar Giam Siak Kecil Biosphere in Bengkalis. Second, barriers experienced by Police Bengkalis is terkendalanya with mapping experts, lack of personnel and budget to the investigation. Third, efforts made to deal with cases of encroachment of Forest Areas Biosphere Reserves Giam Siak Kecil by the formation of a special team for the investigation of the case in the field of forestry and their budget from the Government. Advice writer, First, To Police Bengkalis Particularly in the field of Criminal Sat Tipiter in order to realize the environmental crime law enforcement, are expected to always be consistent and always improve deficiencies in its function as law enforcement officers were repressive. So that law enforcement action against the perpetrators of encroachment of forest areas Biosphere Reserve Giam Siak Kecil and burning the land can be treated with the maximum and no more cases of forest fires in Bengkalis, Second, in the implementation of the investigations conducted by the investigator Police Bengkalis with civil servants must cooperated well in order to expedite the completion of the investigation, and the government also should create a budget for an investigation, the Third, the Importance formed a special team for an investigation because more personnel will speed up the investigation process so that performance is more leverage and focused.Keywords: Investigation - Crime - Giam Siak Kecil Biosphere Reserves
PENATAAN MEKANISME SELEKSI PENGANGKATAN HAKIM DI LINGKUP KEKUASAAN MAHKAMAH AGUNG DIKAITKAN DENGAN INDEPENDENSI KEKUASAAN KEHAKIMAN Try Fauzan Permana; Emilda Firdaus; Junaidi '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Judge appointment selection is actually intended that can generate th best judge, could keep the judge dignity and has integrity in works. But, since the constitutional court decision Number 43/PUU-XII/2015 has released, the people and legal advicer doubt with credibility and integrity of judge who is generated through judge appointment selection which is just involving supreme court, included the author. The purpose of this paper is not just to describe the urgency of the involvement of yudicial commission in the process of judge appointment selection, but the author want to give the new scheme of judge appointment selection which is involving the people because today, the judge is public office.The type of this research can be classified in the type of normative law research is literature. In this normative law research, the author make the research against principles of law. The conclution of this research is the judicial commission must be involved in judge appointment selection to maintain the dignity and integrity of judge and generate the qualified judge, because the regulatory process has did early and could maintain the independence of judicative power. Then, in this research is also concluding that is not just involve judicial commission and supreme court, but also involve people so that is form a new scheme which can generate the qualified judge.
AKIBAT HUKUM TERHADAP PENJUALAN GAS ELPIJI 3 KG DI ATAS HARGA ECERAN TERTINGGI (HET) DI WILAYAH KOTA PEKANBARU M. Arbi Ubaidillah; Mardalena Hanifah; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Based on the Decree No. 430 Pekanbaru Mayor of the Year 2015 Adjustments second highest retail price of Liquefied Petroleum Gas Tubes 3 Kg Subsidized in Pekanbaru, that the price per 3 kg LPG cylinder is Rp. 18,000 (eighteen thousand rupiah). But the facts found is still the number 3 kg LPG gas stations that sell above the highest retail price set by the government. From this background, the authors conducted a study titled "Effects of 3 Kg LPG Gas Sales Above the highest retail price (HET) in Pekanbaru City Region".The issues that the authors made the basis of this research is how the legal consequences of the sale of LPG 3 kg above the highest retail price (HET) in the city of Pekanbaru and how the government's attempt to impose the highest retail price (HET) LPG 3 kg in accordance with government regulations Pekanbaru. While the purpose of writing, among others to determine the legal consequences of the sale of LPG 3 kg above the highest retail price (HET) in the city of Pekanbaru and to know the government's attempt to impose the highest retail price (HET) LPG 3 kg in accordance with government regulations Pekanbaru.This type of research can be classified in this type of empirical legal research or sociological, because in this study the authors 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 the Department of Industry and Trade as well as at several bases Pekanbaru 3-kg LPG in the urban area of Pekanbaru involved in the problems studied. Source of data used, namely: primary data and secondary data. Data collection techniques in this study using observation, interviews, and review of the literature.The results obtained from are the First, implementation of sales gas LPG 3 kg was not effective due to the persistence of the bases that sell gas LPG 3 kg above of the highest retail price (HET) which has been established by the City of Pekanbaru in accordance with the Decree of the Mayor of Pekanbaru No. 430 2015 adjustments second highest retail price of Liquefied Petroleum gas tubes 3 Kg Subsidized in Pekanbaru, that the price per LPG cylinder is Rp. 18,000 (eighteen thousand rupiah); Second, efforts to overcome obstacles in violation of the highest retail price (HET) is a need for synergy and cooperation relationship between the City Government with Pertamina; Installation information highest retail price (HET) LPG 3 kg at each base and the provision of strict sanctions by the Department of Industry and Trade of the base abuse; Department of Trade and Industry should actively seek information regarding daily stall not base that sell LPG 3 kg; and the distribution uneven base, especially for areas located some distance away from the agency.Key words: Retail Price, Propane, Sales

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