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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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PERAN HAKIM PENGAWAS DAN PENGAMAT BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1981 TERHADAP POLA PEMBINAAN NARAPIDANA DI LEMBAGA PEMASYARAKATAN PEKANBARU Destuti Situmorang; Erdianto '; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

In addition to checking, hearing and deciding the case in court, the judge also has the task of monitoring and observation coaching inmates at the Correctional Institution. The judge in charge of overseeing and observing the inmates called the Supervisor and Observer Judge contained in the Code of Criminal Procedure Article 277-283. But this time, the judge was only carrying out its mission in the Court, then later handed over to the inmates of correctional Institution. Supervision and observation of prisoners conducted so far have not been going well. The purpose of this thesis, namely: First, Implementation Role Supervisor and Observer Judge Against Development of Prisoners in Penitentiary Class IIa Pekanbaru, Second, Obstacles Faced By Supervisor and Observer Judge In Supervise and watching inmates at the Correctional Institution Class IIa Pekanbaru, Third, efforts ducted by Supervisor and observer Judge To Improve Monitoring and Observation Prisoners in Penitentiary Class IIa Pekanbaru.This type of research can be classified in this type of sociological 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 District Court of Pekanbaru and at the Correctional Institution Class IIa Pekanbaru, while the sample population is a whole party with regard to the problems examined, the data source used, primary data, secondary data and data tertiary, data collection techniques in this study with interviews and literature study.From the research of this problem has three main things that can be inferred. First, the role of Supervisor and Observer Judge not run well in Class IIa Pekanbaru Penitentiary. Second, the constraints faced by the Supervisor and Observer Judge that the busy schedule of judges in the courts, the number of Supervisor and Observer Judge only 1 (one), the absence of the auxiliary staff of the judges, the absence of a given budget. Third, efforts were made which will maximize the time to execute the duties of men, increase the number of Supervisor and Observer Judge or auxiliary staff.Keywords: Role - Supervisor and Observer Judge - Inmates Coaching
PENEGAKAN HUKUM TERHADAP PRAKTIK TENEGA KESEHATAN TANPA IZIN BERDASARKAN UNDANG-UNDANG NOMOR 36 TAHUN 2014 TENTANG TENAGA KESEHATAN DI KOTA PEKANBARU Handayanis, Okta Dwi; ', Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The practice of unlicensed health workers is one of the crimes that harm the entire community, especially the health needs of the community to make the risk of the existence of health workers practice without this permit will increasingly endanger the safety of the community. In practice, health workers should be continuously upgraded through continuous education and training, certification, registration, licensing, as well as guidance, supervision and monitoring so that the implementation of health personnel practices is in accordance with the development of science and technology. The aim of this thesis are: First, the enforcement of the law against the practice of medical personnel without permission under Act No. 36 of 2014 on Health Workers in Pekanbaru, Second, obstacles to the enforcement of the law against the practice of medical personnel without permission under Act No. 36 of 2014 Health workers in the city of Pekanbaru, Third, efforts are being made to overcome the barriers in law enforcement against unlicensed practice of health professionals based on Law No. 36 Year 2014 about Health workers in Pekanbaru.This research type is research of sociological law, that is research with see effectiveness of law enforcement in field. This research was conducted at Pekanbaru Police Resort and Pekanbaru City Health Office. Population and sample are all parties related to the problem under study. Sources of data used are: primary data, secondary data and tertiary data, data collection techniques using interviews and literature review.From the results of research there are three main issues that can be concluded. First, the enforcement of the law against the practice of health workers without permits in the city of Pekanbaru, the lack of coordination between the Parties to the Police, the Department of Health and the Indonesian Dentists Association, Second, obstacles to the enforcement of the law against the practice of medical personnel without permission in Pekanbaru, Factors Act, factors of law enforcement officers, the factor of facilities and amenities, as well as community factors as the most vital, Third, efforts are being made to overcome the obstacles in the enforcement of laws against the practice of medical personnel without permission in Pekanbaru, law enforcement officers are expected to cooperate with agencies that have Supervisory authority and supervision and guidance in the form of socialization to the community related to the knowledge about the practice of health workers without permission and danger from visiting the practice of health workers without permission. Suggestions writer, First, role of government oversight associated with the practice of health workers without such permission must first be improved to avoid the occurrence of violations, Second, law enforcement officials are expected to work closely with the Department of Health and the Association of Indonesian Your doctor. The health offices are more effective in monitoring the practice of unskilled health workers.Keywords: Law Enforcement - Health Worker Practices - Without Permission
PERANAN TUNGKU TIGO SAJARANGAN DALAM MENGATASI PERKAWINAN SESUKU MENURUT HUKUM ADAT DI NAGARI SUNGAI BULUAH KECAMATAN BATANG ANAI KABUPATEN PADANG PARIAMAN Pratama, Iqbal Sonta; Bachtiar, Maryati; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Abstract

Minangkabau society is one of the largest ethnic in Indonesia that use the system matrilinealkinship (matrilineal). Minangkabau society envisage at the matter of marriage as a very important event,because marriage is the successor of the descent. Marriage in matrilineal society is exogamy, marriageconsists of the group is not justified because they all are descended from a group of blood-reltive. If theprospective spouses to marriage is prohibited by customary law Minangkabau it will be sanctioned by thetraditional leader known as Tungku Tigo Sajarangan. The purpose of this thesis is; First, to find out therole of traditional leaders in overcoming that tribal marriages under customary law in Nagari SungaiBuluah Batang Anai District of Padang Pariaman; Second, to find out the marital dispute settlementagainst tribesmen by Tungku Tigo Sajarangan in Nagari Sungai Buluah Batang Anai District of PadangPariaman.This type of research is the type of juridical empirical research, can be a study of the identificationlaw (common law), in which this is done to determine the unwritten law based on the applicable law insociety, as well as research on the effectiveness of law that addresses how the law operates in society. Thisresearch requires the researcher to know the science of law, social sciences and memeiliki knowledge insocial science research.From the research, there are two main things that can be inferred. First, the role of traditionalleaders in overcoming that tribal marriages under customary law in Nagari Sungai Buluah Batang AnaiDistrict of Padang Pariaman in this case are the responsible and obliged to preserve the members of thetribes and their area. In a customary term, namely; Kusuik manyalasai, Karuah mampajaniah, Tumbuahnyoditanam, Tingginyo dianjuang, Gadangnyo diamba. Second, the marital dispute settlement againsttribesmen by Tungku Tigo Sajarangan in Nagari Sungai Buluah Batang Anai District of Padang Pariamancarried out in the form of meetings attended by all Ninik Mamak, Alim Ulama and other indigenous leaders.Executed with several stages of completion, namely the imposition of penalties, payment of the fine and anapology. The sanction was fined one or two head of cattle such as cows, goats or buffalo, were expelledfrom their homes and should no longer re-settled in villages as husband and wife. Performers that tribalmarriage may return home with a record already doing sanctions and received forgiveness from alltraditional and community leaders.
PERLINDUNGAN HUKUM TERHADAP TENAGA KERJA WANITA YANG BEKERJA PADA MALAM HARI DI PT. SWARA INDAH RIAU BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN Ngajulu Petrus; Mardalena Hanifah; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Abstract

Labor is an important factor in a company. The company has the obligation to comply with and fulfill the rights of female workers who work at night as it is protected by the Law No. 13 Year 2003 on Manpower. PT. Swara Indah Riau does not meet workers' rights as the corresponding labor regulations that female workers to do the job is not guaranteed the security, safety and nutritious food that should be obtained from the company.The purpose of this study was to determine the rights and obligations of workers under a labor agreement against female workers who work at night in PT. Swara Indah Riau and to identify any obstacles that exist in the implementation of the legal protection of women workers in PT. Swara Indah Riau by Act No. 13 of 2003 on Manpower.This study using sociological research methods, the research force of the law covering research the effectiveness of the law, the legal impact study and research unwritten law identification with nature descriptive study that describes the rules of legal protection of women workers who work at night. Location of research at PT. Swara Indah Riau, located in Jalan Jend. Sudirman, Office complex Sudirman Raya Blok A 1-3. The data used primary data, field data taken directly from the respondents conducted through interviews and questionnaires while the secondary data were used from the legislation, books, expert opinions related to the problems. To support this research, should be set the sample population. Population is the whole or a set of objects with the same characteristics and samples are some of the characteristics of the population about to be investigated and considered to represent the entire population.The results of this research are companies make contracts that did not pay attention to Law No. 13 of 2003 on Labour and the weakness of knowledge workers in the regulation of workers' rights guaranteed by legislation. The obstacles that occur in the implementation of legal protection is the lack of budget funds, lack of understanding of the provisions of Labour legislation and Weak supervision of the Department of Manpower and Transmigration.Keywords: Legal Protection, Labor Women, PT. Swara Indah Riau
PERANAN INTELIJEN KEJAKSAAN DALAM PENGUNGKAPAN DUGAAN TINDAK PIDANA PENCUCIAN UANG DI WILAYAH HUKUM KEJAKSAAN TINGGI RIAU Bintang Hari Setiawan; Erdianto '; Ferawati '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Abstract

The crime of money laundering is an activity to conceal or disguise the origin of property which is the result of money laundering in various ways so that the wealth of the proceeds of the crime is difficult to be traced by law enforcement officers. In the case of handling the money laundering case itself in Indonesia can be handled by the Police of the Republic of Indonesia, the Corruption Eradication Commission, the Financial Services Authority, the Financial Transaction Reports and Analysis Center, and the Attorney General's Office.The type of research used in this study is empirical juridical or sociological research. The empirical juridical research is conducted by means of identifying the law and how the law's effectiveness is applicable in the society. While the nature of the research is descriptive which aims to provide a detailed and clear description of the role of intelligence prosecutor in the disclosure of alleged money laundering crime in the jurisdiction of the high prosecutor's office. While the population and the sample is the whole party related to the problems studied in this study. Sources of data used are primary, secondary and tertiary data sources, data collection techniques in this study with interviews and library studies.From the results of this study that the authors do can be concluded. First, Role of the Intelligence of the Riau High Prosecutor Office in the disclosure of alleged money laundering crime is to conduct activities and operations of judicial intelligence or investigation to collect data or information that can be used as evidence of whether or not a money laundering has occurred. The two obstacles faced by the Riau High Prosecutor's Intelligence namely the human resources factor, the factor of legislation that is perceived to be inconsistent with the demands of the development of society, the difficulty factor for the Intelligence Prosecutor's office in obtaining the evidence in the form of letters, valuable documents, or Related assets, lack of funding factors, lack of coordination by the Attorney General's Office with the relevant agencies, and the lack of planning factors undertaken by the Riau High Prosecutor's Intelligence. Third, Efforts made by Intelligence Attorney, should really pay attention to the principle of fairness and quality of human resources.Keywords: Money Laundering-Inquiry-Intelligence Prosecutor's Office
PEMUTUSAN HUBUNGAN KERJA AKIBAT KEADAAAN MEMAKSA (FORCE MAJEURE) DI PT. CIMB NIAGA AUTO FINANCE CABANG SURABAYA DITINJAU DARI UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN Christian P.W. Hutasoit; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Abstract

Economics is the most influential aspect in society. Economics becomes the first consideration in Determining policy. Indonesia is a country of law. The characteristic of state law is giving the protection of Human Rights. The purpose of this study was to research the economic crisis can be used as a reason for the employment termination due to force majeure in Undang-Undang No. 13 Year 2003 about Manpower and knowing the implementation of the Employment Termination in PT.CIMB. This research was a sociological study. The research location was at PT. CIMB Niaga Auto Finance Branch Surabaya. Legal protection as a description of the function of law is a concept where the law can give an assurance, benefit and peace. PT. CIMB Niaga Auto Finance Branch of Surabaya had been carrying out legal protection to workers affected by employment termination due to force majeure. The reasearch found that Law No. 13 of 2003 about Manpower need a revision especially about the economic crisis can be included as a reason for termination of employment. Hopefully PT. CIMB Niaga Auto Finance Branch can continue to run their business in order to continue to fulfill the needs of the community.Key Words: Force Majeure - Legal Protection - PT. CIMB Niaga Auto Finance Branch Surabaya
Tinjauan Normatif Penerapan Sanksi Kepada Perusahaan Yang Tidak Menjalankan Tanggung Jawab Sosial Perusahan (Corporate Social Responsibility) Ardi Armandanu; Firdaus '; Dasrol '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Abstract

Since 2007, indonesia becoming one thing only country requiring implementation of csr, with its approved law no. 40 year 2007 on limited liability company and is added to the law no. 25 year 2007 on investment. But since then was, obligations with sanctions, only limited word not much implies. Confusion legislators in formulating sanctions provisions, being great opportunities for the company to not carry out corporate social responsibility. Normatively, there is no rule of law that governs about csr implementation mechanism in one rule of law. Interest thesis writer namely; first, to determine the setting of sanctions to companies that do not run the social responsibility of companies in indonesia; second, to determine the mechanism of sanctions to the company that are not running a corporate social responsibility (corporate social responsibility). What kind of legal research used writer is a kind of normative legal research or legal research literature.from the findings of researchers, there are two main thing that can be inferred. First, there is a lot of laws and regulations governing corporate social responsibility, namely the law of state owned enterprises (soes), law investment law corporate law, law of mineral and coal, and many others, however of the many rule of law which set of corporate social responsibility (csr) there is inconsistency makers act are the terms of use csr that would potentially lead to multiple interpretations in practice, then not all the laws that set about csr also includes rules sanctioned therein, and those laws yang the rules include sanctions, also does not explain how the mechanism of sanctions to be implemented. Second, the mechanism of sanctions can only seen in regulation (regulation csr), the automatic mechanism of sanctions is not set in size and only limited to local areas that govern only. Bylaw csr even this will not be able to walk without a forum its function as containers container aspirations, composer planning, also serves to conduct monitoring and evaluation of the implementing csr, as well as provide recommendation results evaluation report addressed to the head of the region is to review furthermore, the regional administrations can be present the or precisely memberian sanctions
PERANAN YAYASAN PANTI ASUHAN AL FHAT SEBAGAI WALI ATAS ANAK ASUHAN DITINJAU DARI SEGI HUKUM DI PEKANBARU Fahasta, Tiara Purnama; Bachtiar, Maryati; ', Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Abstract

Guardianship is a person acting in lieu of the parent of a child who is immature because the child's parent dies or the limitation of ability in the economy or the right of the caregiver of the parent to be revoked by the court due to legal consequences. For that the role of orphanage foundation is very influential in the survival of children caused by these factors. As regulated in Law Number 35 Year 2014 in Article 33 paragraph 1 that in the case of a parent the child is incapable of performing legal acts or unknown residence or whereabouts, then a person or legal entity that meets the requirements may be appointed as the guardian of the child concerned .Based on the problems as mentioned above, the authors conduct research at Al Fhat Orphanage Foundation with the aim of research: a. To determine the role of the Al Fhat orphanage in overcoming the legal guardianship issues b. To know the legal consequences caused by the appointment of guardianship to foster children not through the determination of the court.Viewed from the point of the method used, this research is classified in the type of research socioligis juridisi namely sociological juridical is an attempt to examine the effect of the validity of positive law on the life of the community by looking at the real circumstances that exist in society because in this study the authors directly conduct research on Foundation Orphanage Al Fhat while viewed from the nature of this research is Descriptive.Summarizing the content of this research, it can be concluded that the Al Fhat orphanage in receiving foster children does not meet the requirements of the law such as the establishment of the court in accepting the foster children because the foster children are accepted based on the submission of parents or substitutes of the child's parents and attaching the poverty certificate from the residence. Thus the Al Fhat orphanage can be said or classified as a social worker.Key words: Role-Guardianship-Orphanage
KEDUDUKAN KETERANGAN KORBAN PEMERKOSAAN YANG MENGALAMI KETERBELAKANGAN MENTAL DALAM PROSES PEMBUKTIAN di TINGKAT PENYIDIKAN OLEH KEPOLISIAN RESOR KOTA PEKANBARU Mukhtal Lutfi; Erdianto '; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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The problem of sexual violence (rape) is one form of crime that harasses and tarnish the dignity, it should be categorized as a type of crime against humanity (crime againts humanity). Rape is not just occur in women and children is normal but it also occurs in women and children mental retardation. In the case of rape victims is a woman who is mentally retarded, and this case also there are irregularities in the investigations, the investigating authorities to inform the family that the investigators did not find the two items of evidence, because the victim suffered mental retardation. Based on the study author, already fulfilling element to rape women mental retardation, namely the documentary evidence and witness testimony evidence, which the witness is a witness victim himself. The purpose of this thesis are: First, How is the implementation of investigation by the investigators in order to find evidence in cases of rape of women mental retardation, Secondly, What is the strength of the evidence victim testimonies in cases of rape of women mental retardation, Third, what are the constraints of the police in gathering evidence cases of rape of mentally retarded womanFrom the research problem there are two main things that can be inferred. First, implementation of investigation terdahap the crime of rape in the City Police Pekanbaru, that in the process of criminal investigation of rape is not working as it should, because it did not carefully and thoroughly so that the presence of the error performance of the investigator handling the case giving rise to dissatisfaction on the part of the victim's family because the perpetrators can not be declared free or snared by the law. Second, as the basis of testimony of the victim, investigators involving experts who have special skills in their field psychologist, to determine whether the information is correct or not their dberikan. After getting assistance in the investigations of the psychologist, the testimony of the victims through the explanation could psychologist dijadian valid evidence. Third, Victim difficult for questioning and could not do a good communication. The absence of witnesses other than the victim, serata difficulty keronologi investigators to determine the incidence of the crime of rape on women who have mental retardation.Keywords : The Victim of rape – mental retardation - KUHP
PELAKSANAAN PERATURAN DAERAH NOMOR 4 TAHUN 2011 TENTANG PAJAK REKLAME DI KOTA PEKANBARU Novia Tesa; Emilda Firdaus; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Advertisement tax is a tax on the implementation of the billboard. Implementation of the advertisement tax is regulated on Regional Regulation Nu. 4 in 2011 on Advertisement Tax in Pekanbaru City. In Article 1 point (13) the taxpayer is an individual or entity that organizes advertisement. It is means the Advertisement Entrepreneur is obliged to pay the advertisement tax. But the reality in the field, many Organizer Advertisement Tax do not pay taxes. This is causes a reduction of the original income Pekanbaru City in 2015.Regional Regulation Nu. 4 in 2011 on Advertisement Tax in the Pekanbaru City. The Second, obstacles in the implementation of Regional Regulation No. 4 of 2011 on Advertising tax in Pekanbaru, The Third, efforts should be made to overcome the obstacles Implementation of Regional Regulation No. 4 in 2011 on Advertisement Tax in Pekanbaru CityKeywords:Implementation-Tax- Advertising

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