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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Articles 2,579 Documents
PENEGAKAN HUKUM OLEH POLISI RESOR KOTA PEKANBARU TERHADAP PEREDARAN MINUMAN KERAS IMPOR ILEGAL OLEH PEDAGANG GEROBAK DORONG DI JALAN JUANDA KOTA PEKANBARU Anrifa, Rianty; ', Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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As which it is known that the circulation of liqour despite tighneted in terms of administration, it was not able to stem it’s spread. Many trader do cheating antecedent to avoid the complexity of the administrative permit one of which is the sale of illegally imported liquor.In law enforcement against traders who sell liquor are expected officers to be able to crack down firmly. Community participation is also expected to oversee, for goverment enforcement and implementation of regulations should be strengthened and not going nowhere.Keyword : Circulation – liquor – trader
PERANAN KANTOR WILAYAH KEMENTERIAN HUKUM DAN HAK ASASI MANUSIA RIAU DALAM PENGAWASAN DAN PENINDAKAN KEIMIGRASIAN TERHADAP ORANG ASING DI PEKANBARU (STUDI KASUS DI KANTOR WILYAH KEMENTERIAN HUKUM DAN HAK ASASI MANUSIA RIAU Rahmad Salim; Mexsasai Indra; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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The Ministry of Justice and Human Rights of the Republic of Indonesia is the implementing element of the government which is under and responsible to the President. The Directorate General of Immigration is a structural part of the ministry of justice and human rights that has the main duty of formulating and implementing technical policies and standardization in the field of immigration. The purpose of writing this thesis is; First, State authority of the Regional Office of the Ministry of Justice and Human Rights of Riau in the supervision and enforcement of immigration against foreigners in Pekanbaru. Second; Knowing the supervision of the Regional Office of the Ministry of Justice and Human Rights of Riau in the supervision and enforcement of immigration against foreigners in Pekanbaru.This type of research can be classified into a type of Sociological study. This research is conducted by researching directly to the field and reviewing library materials or secondary data in the form of legislation and books written by lawyers 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 interview methods and literature review.From the results of research problems there are two main things that can be concluded. First, the authority of the Regional Office of the Ministry of Justice and Human Rights of Riau in the implementation of supervision and enforcement of immigration against foreigners in Pekanbaru as Coordinator in coordinating, planning, controlling activities of supervisory activities and immigration actions against foreigners, supervisory and supervisory actions for immigration Foreign, law enforcement in the field of immigration. Second, Supervision of Regional Office of the Ministry of Justice and Human Rights of Riau in the implementation of supervision and enforcement of immigration to foreigners in Pekanbaru is to coordinate, control, and supervise technical activities. Supervision and enforcement of immigration by the Immigration Office in accordance with its working area in the Regency and City. All activities of the Immigration Office in carrying out supervision and action against foreigners are supervised and controlled by the Regional Office of the Ministry of Justice and Human Rights of Riau. The results of these activities are reported to the Regional Office of the Ministry of Justice and Human Rights of Riau every 1 (one) month. Suggestion Writer, It is expected to the Office of the Ministry of Justice and Human Rights Riau to prioritize and improve discipline, integrity and performance optimally in performing roles and functions in the implementation of supervision and repression of foreigners.Keywords: Role-Ministry of Justice and Human Rights-Immigration
PENYIDIKAN TINDAK PIDANA TANPA SURAT PERSETUJUAN BERLAYAR OLEH KANTOR SYAHBANDAR DAN OTORITAS PELABUHAN RENGAT BERDASARKAN UNDANG- UNDANG NOMOR 17 TAHUN 2008 TENTANG PELAYARAN Ramadhan, Satria; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Criminal investigations cruise by investigators civil servants (investigators) showcased in Act No. 17 of 2008 on the voyage later derivative of the regulation is the Regulation of the Minister of Transportation No. 36 of 2012 on the Organization and the Office Kesyahbandaran and the Port Authority, in the regulation that Kesyahbandaran office and Port authority (KSOP) class IV Rengat given authority to conduct patrols under field subsections sailing safety guard and patrol (KBPP). In law enforcement efforts at sea there are few records of the results of marine security and safety patrols, namely the case of vessels that have SPB, but when inspected on the high seas apparently did not have a letter of approval to sail. Not infrequently also found marine transportation accidents caused by the negligence of a harbor master to give consent and letter kelaiklautan cruise ships to ships that are not seaworthy and ships that do not pass the test.From the research there are three main issues that can be inferred. First, the role of civil servant investigators (investigators) in the Office Kesyahbandaran and Port Authority Rengat in dealing with the crime of sailing without a letter of approval to sail in the waters Rengat not optimal due to the lack of quality of Human Resources law enforcement officers (investigators) in the Office Kesyahbandaran and Port Authority Rengat , Second, Obstacle civil servant investigators (investigators) in Kesyahbandaran Office and Port Authority Rengat in criminal cases to sail without the approval letter is sailing in the waters Rengat Factor Facilities and amenities and Weak coordination among law enforcement agencies. Third, efforts made civil servant investigators (investigators) in the Office Kesyahbandaran and Port Authority Rengat against criminal cases to sail without the approval letter sail is to improve the quality of education by investigators, create a budget for the filing of a detention room Saran Writer, hoped that the Servant Investigators civil (investigators) Kesyahbandaran Office and Port Authority Rengat be maximized in handling criminal offenses sail to sail without the approval letter. As well as civil servant investigators (investigators) Kesyahbandaran Office and Port Authority Rengat can send training staff in the investigation that the investigation team can increase knowledge in conducting the investigation.Keywords: Investigation - Crime - Sailing Approval Letter
PENGGUNAAN SARANA NON PENAL DALAM PENANGGULANGAN TINDAK PIDANA PENCABULAN TERHADAP ANAK DI WILAYAH HUKUM KEPOLISIAN SEKTOR TAMBANG Fauziah Aznur; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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The growing problem of the criminality is a part of social change and not a new thing of this world, even though the time and place different but still the value of its crime is the same. Crime, in addition to a humanity problem is a social problem. One of them is the crime of sexual abuse against children. According to data the authors obtained, the crime of sexual abuse against children that occurred in the police sector of Tambang has increased from year to year, it can not be avoided simply by using jaur, therefore prevention and control of this crime should be done with an integral approach, by using non penal facility. The purpose of this thesis, First, to determine the factors that cause criminal acts of sexual abuse against children in Jurisdiction Police Sector of Tambang, Second, the use of non penal facility in the prevention of criminal acts of sexual abuse against children in Jurisdiction Police sector of Tambang, Third, to know the obstacles of using non penal facility for tackling felony obscenity against children in police sector of Tambang.This type of research is a sociological study, the research wanted to see the correlation between law and society, so as to reveal the effectiveness of the rule of law in society and to identify the unwritten law that applies to communities.From the results of research and discussion of the problem, it can be concluded, First, the factors that caused the criminal offense of sexual abuse against children in police sector of Tambang is the lack of parental supervision, lack of education and the economy, technology and the mass media. Second, the use of non penal facility in the prevention of criminal acts of sexual abuse against children in police sector of Tambang was not effective yet.Third, the barriers faced by the limited number of members of the police, lack of community participation, law enforcement officers are less professional in their duties and functions, and lack of facilities and infrastructure. Suggestions Writer, First, to the relevant parties can address the factors that cause criminal acts of sexual abuse against children in a way to make people aware that child protection is everyone's responsibility, namely through the use of non penal facility, Second, because most of time, children are victims of felony obscenity in police sector of Tambang, the police sector of Tambang need to make effective use of non penal facility in response for sexual abuse against children by conducting legal counseling, Third, government / local governments can support the use of non penal facility with complementary facilities and infrastructure the necessary legal authorities in carrying out its duties and functions. And to the law enforcement authorities in order to enhance professionalism in performing their duties in accordance with their each field, for the purpose of law can be achieved as appropriate.Keywords: Non- Penal Facility, Obscenity Crime, Children
PEMBAHARUAN BATAS USIA ANAK DALAM UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK DIKAITKAN DENGAN PERTANGGUNGJAWABAN PIDANA ANAK Gie Saputra. R, Hartanto An
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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The delinquency is an act or acts of violation of norms, both legal norms and social norms committed by children younger ages. Criminal offenses committed by children, was like a criminal act has been committed by an adult even beyond criminal offenses committed by adults.Based on this understanding, the authors formulated two formulation of the problem, namely: First, What is the urgency of renewing the age limit of children in Act No. 11 of 2012 on the Criminal Justice System Children associated with the criminal responsibility of children to children who commit criminal acts. Second, How are ideally age and criminal liability of children in the Criminal Code of children who commit criminal acts.This type of research can be classified in normative law research (legal research) or also called the research literature, because in this study the authors conducted a normative juridical approach under study is library materials or secondary data, which consists of primary legal materials, secondary law, and tertiary legal materials, while the collection of data used in the writing of this study is to use the method of assessment literature or documentary study then analyze the data quantitatively, which is basically the highlighting of the problem and attempt to solve, undertaken with the efforts that many are based on measurements which solves the objects of research in certain elements, then pulled a generalization of the widest possible scope.From the research there are three main issues which can be summarized as follows: First, provide awareness especially to writers and readers in general urgency of renewing the age limit of children in Act No. 11 of 2012 on the Criminal Justice System Children associated with the criminal responsibility of children. Second, to sensitize the general public about the ideal age limit and criminal liability of children in the Criminal Code of children who become perpetrators of criminal acts. Third, contribute ideas and tools to encourage fellow students to continue further research on the renewal of an age limit of children in Act No. 11 of 2012 on the Criminal Justice System Children on children who commit criminal acts.Keyword: Updates - Limit - Age - Children - Responsibility - Criminal
PENETAPAN WALI ADLAL PADA PERKARA NOMOR 086/PDT.P/2013/PA.PBR DI PENGADILAN AGAMA PEKANBARU Lestari Anggraeni; Mardalena Hanifah; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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One of human needs is marriage, because marriage is a requirement with respect to the physical and mental demands of a human being. Physical demands meant is sexual intercourse between men and women, while the spiritual demands in question is the creation of happiness because of affection between men and women. All of the above can be incorporated into a legal bond called Marriage. Based on Article 1 of Law No. 1 of 1974 About Marriage, hereinafter called the Marriage Act, the definition of marriage is the emotional and physical bond between a man and a woman as husband and wife with the intention of forming a family (household) were happy and everlasting based on God. To perform a marriage there must be harmony and conditions to be met, one of which is the guardian of marriage. If the marriage guardian adlal or reluctant to become guardian of marriage it is necessary to judge guardian. In this case relating to the Determination of Adlal Guardian No. 086/Pdt.P/2013/PA.Pbr in the Religious Court of Pekanbaru.The purpose of this thesis, namely: First, to know the basic consideration of Judge in determining the wali adlal in the Religious Court of Pekanbaru. Second, to determine the factors that led to the refusal to be a guardian of marriage for parents. This type of research can be classified in this type of sociological juridical research 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.From the research results can be concluded. First, the judge in determining a guardian was adlal in case Number: 086/Pdt.P/2013/PA.Pbr is based on thorough consideration and comprehensive. Consideration of normative-juridical accordance with the legislation in force, namely Law No. 1 of 1974 About Marriage and the Compilation of Islamic Law which, in the case trustee adlal The Petitioner and her husband have fulfilled the terms of a marriage according to the laws and Islamic Shari'ah, and there is no prohibition/obstacles in implementing marriage. Second, the factors that led to the refusal to be a guardian of marriage for parents in case the mayor Determination Adlal with Number: 086/ Pdt.P/2013/PA.Pbr. Of guardians that the Applicant's father refused to be a guardian of marriage for prospective bridegroom less educated and work as a barber. Writer’s advice, first, it is expected that the judge in determining the adlal trustee determination not only create legal certainty, but also expediency and fairness as the highest legal ideals. Second, the guardian of marriage should not complicate the process of marriage for their daughters for reasons that do not conflict with Personality (religion), legislation and it should be still discussed and resolved amicably because marriage is a way of worship commanded by God glory to Him.Keywords: Marriage – Adlal guardian – Religious Court
ANALISIS PERJANJIAN SEWAMENYEWA SAFE DEPOSIT BOX (KOTAK PENYIMPANAN BARANG/SURAT BERHARGA) DI PT BANK MANDIRI (PERSERO) TBK PEKANBARU Maylia Darwita; Mardalena Hanifah; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Safe Deposit Box is a bank services system for people that bank leases the box with size and period of time to protect valuable things. PT Bank Mandiri (Persero) Tbk Pekanbaru is a bank does business to provide a place toprotect thing and marketable securities. Safe Deposit Box leasing service in PT Bank Mandiri (Persero) Tbk Pekanbaru regulates by The Safe Deposit Box Leasing Ttreaty and General Term of Safe Deposit Box Leasing between PT Bank Mandiri (Persero) Tbk Pekanbaru and customer to obey Article 1548 Indonesia Civil Code about leasing.The purpose of writing this thesis are: first, to know regulation about Safe Deposit Box in Indonesia Law. Second, to know the right and obligation of customer and the Bank from Safe Deposit Box Leasing Treaty what is suitable with the Third Book of Indonesia Civil Code. And Third, to know PT Bank Mandiri (Persero) Tbk Pekanbaru’s responsibility for things inside Safe Deposit Box.Kind of this study can classified as normatif-emphiric study, becuase in this study, writer analysize the Safe Deposit Box Leasing Treaty and investigate in place according problem directly. This study does in PT Bank Mandiri (Persero) Tbk Pekanbaru used data source, are primary data and secondary data, technique of data collect in this study is literature study and interview with bank party as a party of leasing and customer party as Safe Deposit Box lessee.Based on the results of study, there are three main points can be summarised. First, there is no the regulation focus to regulate how Safe Deposit Box is regulated and other technical points in Indonesia thus PT Bank Mandiri (Persero) Tbk Pekanbaru make treaty with the customer to use legal norm of leasing treaty in practice. Second, PT Bank Mandiri (Persero) Tbk Pekanbaru obligation is not regulated in Safe Deposit Box leasing treaty and also in General Term of Safe Deposit Box Leasing. Third, PT Bank Mandiri (Persero) Tbk Pekanbaru do not responsible for thing inside Safe Deposit Box if thing brokes or losts, because it had appointment by the parties in standard clausula form.JOM Fakultas Hukum Volume III Nomor 2, Oktober 2016 Page 2Writer recomendation is: first, it needs the Safe Deposit Box regulations in order to implement Safe Deposit Box leasing treaty between the Bank and the customer to avoid confusing in implement. Second, the Bank must notice customer interest and not more concerned with bank interest. Third, it needs increasing costumer protection using Safe Deposit Box and legal certainty of responsibility to lost thing inside Safe Deposit Box.Keywords: Safe Deposit Box, Leasing Treaty, PT Bank Mandiri (Persero) Tbk Pekanbaru.
Peranan Kepolisian Dalam Menanggulangi Pungutan Liar Terhadap Sopir Truk Pengolah Kelapa Sawit Oleh Warga Masyarakat Di Wilayah Hukum Kepolisian Resor Kuantan Singingi Epri Naldi Lendri; Mexsasai Indra; Ferawati '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Illegal charges are acts committed by someone or more by requesting payment of an unsuitable amount of money or not under the rules relating to the payment. Factors that influence the occurrence of illegal charges are: abuse of authority of position or power, mental character or behavior, cultural or organizational culture, limited human resources, and weakness of control system and supervision. Illegal levies need to be prevented and eradicated because of the impact that has caused public comfort and peace to be disturbed. Police especially the Kuantan Singingi Police Force as state apparatus that carries out the functions of law enforcement, security, and public, order and protection, security and public servant, must perform all these functions in order to provide a sense of security and comfort to the people, especially Kuantan Singingi people.This type of research can be classified in the type of sociological legal research, the approach by looking in terms of reality the occurred in the field and provide acomplete and clear picture of the problem under study. The research was conducted in the jurisdiction of the Kuantan Singingi Police Resort. While the population and sample are all parties used, primary data, secondary data, consisting of primary, secondary, and tertiary legal materials, data colection techniques in this study with observation, questionnaire, interview, and literature review.From the results of research problems there are two main things that can be concluded. First, in tackling the practice of illegal levies, especially on the highway Police Resort Kuantan Singingi have made various efforts or have taken legal action in which the role of Police as follows patrolling the region, forming saber pungli team, giving severe punishment to perpetrators/illegal fees, and socialize to the community about illegal levies and punisment. Second, the factors that hampered the police force of the Kuantan Singingi Resort in tackling the illegal levies on truck drivers of palm oil trucking by the community are: lack of human resources, lack of legal institusions, limited Police facilities and infrstructure, and lack of public awareness of the law itself the author’s suggestion, first: in tackling the practice of this illegal levy the Police should better maximize existing efforts and coordinate white each other. Secondly: it is expected that the police add operational funds and the number of personel, increase sozialization to the community, then add equip facilities and infrastructure.Keywords: Role – Police – Tackle – Illegal charges
PENERAPAN PRINSIP GOOD FAITH BAGI DIREKSI PERSEROAN TERBATAS BERDASARKAN UNDANG-UNDANG NOMOR 40 TAHUN 2007 TENTANG PERSEROAN TERBATAS Siltami, Frisa Ayu; ', Firdaus; Hanifah, Mardalena
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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The Directors shall be acting in good faith and responsibly in conducting management of the Company. It was done based on a standard of liability (standard of duty) the most high as stated by law. in this case the role was based beliefs that include, scrupulous, good faith, condor. Related to the case of a lease which is wrapped around the former director of PT Merpati Nusantara criminalizing directors of the company, especially in terms of decision-making led to a loss for the company when making such decisions based on good faith, and in accordance with the articles of association of the company. Article 97 Paragraph 5 of the Company Law says that the Board of Directors shall be take a responsibility for the loss of the Company if the directors can prove that in doing the maintenance company and the decision has been based in good faith and with prudence for the benefit and in accordance with the purposes and objectives of the company the.The research objective of this thesis, namely; First, the application of the principles of Good Faith in the Company Law. Secondly, legal certainty for directors of limited liability company that runs the principles of Good Faith by the Company Law.This type of research is a normative legal research. In a normative legal research, the author have examined the legal issues by using normative research on the principles of law.From the results of research and discussion of the problem there are 2 main things that can be inferred. First, the application of the principles of good faith in leading the Company's directors as stipulated in Article 97 of the Company Law. Although the Company Law acknowledges the existence of the principle of good faith, but no details of the Company Law and the details regarding the principle of good faith (good faith). Second, protection of legal certainty for directors in making a business decision has been regulated in Article 97 paragraph (5) of the Company Law, but in practice there are still many problems could be found for their interpretations in terms of the notion of state finances and state assets causing disharmony between the Company regulations and other regulation so that directors are acting in good faith for taking care of the company is hard to get legal certainty. Suggestions Author, First, should be made a special regulation governing the standard of good faith is not just for company directors, but for the organ of the company such as the AGM and the board of directors in order to create legal certainty for the organ of the company in carrying out their respective duties. Secondly, it needs to be harmonization of all four of the Act by changing the understanding of the State assets are separated state finances and to revise the law.Keywords: Principles of Good Faith, Directors, Limited Liability Company
PELAKSANAAN PERJANJIAN KREDIT PT. BANK RAKYAT INDONESIA (PERSERO) UNIT BUKIT AGUNG CABANG PANGKALAN KERINCI DENGAN JAMINAN SURAT KETERANGAN GANTI RUGI (SKGR) Artika, Primata Prischa; Bachtiar, Maryati; ', Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Function Bank is one of them as a deposit-taking institution and channeling funds to the community through loans to communities in need . Banks should conduct a careful assessment of the character , capacity, capital , collateral and business prospects of the debtors . The people's choice for financial institutions due to the need for prompt delivery , no complicated procedures , and requirements are easily met. PT Bank Rakyat Indonesia ( Persero ) will continue to develop new forms of services for micro and small businesses in the form of direct financing .In the implementation of this credit will always be associated with the collateral issue. Although the provision of credit to guarantee the ground by a certificate of indemnity ( SKGR ) still caused problems, but financial institutions PT Bank Rakyat Indonesia ( Persero ) Unit Mount Agung Branch Pangkalan Kerinci , has undertaken the provision of credit to guarantee indemnity certificate . in this case certainly PT Bank Rakyat Indonesia ( Persero ) Unit Mount Agung Branch Pangkalan Kerinci is already thinking about the risks that arise in case of bad credit and procedures for the settlement of the guarantee .

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