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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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TANGGUNG JAWAB DIREKSI PT. RIAU AIRLINES TERHADAP PARA PEMEGANG SAHAM SETELAH GAGAL USAHA Lubis, Erick Rianto F.; Fitriani, Riska
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 Board of Directors shall be fully responsible for the management and operation of the Company for the company's purposes and objectives. In carrying out its duties, the directors are granted full rights and powers, with the consequence that any actions and acts committed by the board of directors shall be deemed and treated as actions and actions of the company, as long as they act in accordance with those specified in the articles of association of the company. As long as the board of directors does not violate the articles of association of the company, the company shall bear all the consequences of the actions of the Board of Directors, while for the actions of the Board of Directors that harms the Company, which it does outside the limits and authority granted to it by the articles of association, . This means that the board of directors is personally liable for his actions beyond the limits of authority granted in the company's articles of association. Based on this understanding, the writing of this thesis formulates two formulation of the problem. Ie; First, the responsibility of the RAL board of directors to the Shareholders after the Second attempt fails, the efforts that must be made by the Board of Directors in executing the responsibilities to the Shareholders after the unsuccessful attempt.This type of research can be classified in the type of research This legal research is a normative juridical research, namely: research that discusses the legal aspect, by conducting library research in terms of comparative law or legal history oriented to the legislation Shall apply, inter alia: Law Number 1 Year 1995 Concerning Limited Liability Company, Law Number 40 Year 2007 About Limited Liability Company. The authors in this paper focus more on aspects of law that are closely related to the responsibility of the Board of Directors to the Shareholders.From the results of research problems there are two main things that can be concluded First, Responsibility is the obligation of an individual individual to carry out activities assigned to him as possible, according to his ability. The responsibilities of the Board of Directors are regulated in Law Number 40 Year 2007 regarding Limited Liability Company, namely the Board of Directors is responsible for the management of the Company as referred to in Article 92 paragraph.Second, the efforts of the board of directors of a Limited Liability Company (PT), are based on the principle that each member of the Board of Directors is personally liable for the loss of the Company if the person is guilty or negligent in performing his duties. If the Board of Directors consists of 2 (two) members of the Board of Directors or more, the responsibilities as referred to, apply jointly to each member of the Board of Directors.. Shareholders after the failure of the business as stipulated in Law Number 40 Year 2007 regarding Limited Liability Company has been lacking in giving a sense of justice and legal certainty for the shareholders. Keywords: Responsibility - Limited Liability Company - Business Failure – Shareholder
PENERAPAN UNDANG-UNDANG NOMOR 13 TAHUN 2006 TENTANG PERLINDUNGAN SAKSI DAN KORBAN DENGAN UNDANG-UNDANG NOMOR 31 TAHUN 2014 TENTANG PERUBAHAN ATAS UNDANG- UNDANG NOMOR 13 TAHUN 2006 DALAM PERLINDUNGAN WHISTLEBLOWER OLEH LEMBAGA PERLINDUNGAN SAKSI DAN KORBAN SIHOTANG, DEWI SARI
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Amid the lack of legal protection in Indonesia, a whistleblower may be threatened because of reports or testimony of the alleged violations and crimes. The parties who feel aggrieved will most likely provide resistance to prevent whistleblower report or testimony. Not even rule out those who feel aggrieved can threaten and carry out reprisals. Until now there has been no legislation that specifically regulates the whistleblower in Indonesia. Based on this fact, then there are two formulation of the problem in writing this essay, namely: First, What are the weaknesses of Act No. 13 of 2006 on Protection of Witnesses and Victims of the protection afforded Institute Witness and Victim Protection Against Whistleblower so amended by Act No. 31 of 2014? Second, How Application of Law No. 31 of 2014 on the Amendment of Act No. 13 of 2006 in the Whistleblower Protection By Witness and Victim Protection Agency?This research is a normative research, because this research author directly discusses the principles of law and its comparison. Source data used are secondary data sources comprising: primary legal materials, secondary law and tertiary legal materials. Data collection techniques in this study was conducted in accordance with methods of assessment literature or documentary studies.From the analysis of the problems that can be concluded first, Weaknesses Act No. 13 of 2006 on the Protection of Witnesses and Victims of the protection afforded by the Witness and Victim Protection Agency Against Whistleblower whistleblower is a limitation defisini understanding includes the notion of the reporting and the reporting offenders. Second, the adoption of Act No. 31 of 2014 on the Amendment of Act No. 13 of 2006 on the Protection of Whistleblower By Institute for the Protection of Witnesses and Victims are applying on the definition of the reporting (whistleblower) in the explanation of the Law Institute of witness protection, strengthening of authority Lermbaga Witness and Victim Protection; the expansion of the subject of protection; expansion of services to victims and witness protection, increased cooperation and coordination between the protection of witnesses and victims, rewards and special treatment given to the perpetrator Witness, witness Reporting (Whistleblower). From the above analysis the authors suggest, first, the whistleblower should receive adequate protection from the competent institutions. Second, it requires the existence of a law that specifically regulates the Whistleblower.Keywords: Application - Protection - Witness and Victim - Whistleblower
KERJASAMA NEGARA ANGGOTA ASEAN DALAM UPAYA PENCEGAHAN DAN PENANGGULANGAN KEBAKARAN HUTAN DI INDONESIA BERDASARKAN ASEAN AGREEMENT ON TRANSBOUNDARY HAZE POLLUTION Yolanda Dwi Maharany; Mexsasai Indra; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Abstract

Transboundary haze problem that occurred in the ASEAN region has been prominent since the 1980s. Due to the increasing number of forest fires that transboundary haze from year to year, then in 2002 all ASEAN members agreed to establish an international agreement on transboundary haze namely the ASEAN Agreement on Transboundary Haze Pollution. In this agreement are several provisions on cooperation will be carried out by member states in agreement on the prevention and control of forest fires that occurred in the ASEAN region. In this study the authors specialize in the area of Indonesia. The purpose of this thesis, namely; First, to determine the cooperation of ASEAN member countries in the prevention and control of forest fires in Indonesia based on the ASEAN Agreement On Transboundary Haze Pollution. Second, to determine the responsibility of the state polluters against forest fires that occurred in the ASEAN region by the ASEAN Agreement on Transboundary Haze Pollution.Based on the results of research and discussion the authors described above, there are several important things, first cooperation ASEAN Member Countries In Prevention And Mitigation Forest Fire In Indonesia based ASEAN Agreement On Transboundary Haze Pollution can be seen in the fourth chapter, namely Article 4 paragraph ( 1) and (2), Article 9, Article 12, paragraph (1) and (2) and Article 16 paragraph (1). Second, Responsibility of the State Pollutant Against Forest Fires Happened in ASEAN region by the ASEAN Agreement on Transboundary Haze Pollution which each party is responsible to ensure that activities within their jurisdiction and control do not cause damage to the environment and endanger human health. In addition, the polluters are required to provide exemptions and facilities that need to the donor. These exceptions include a waiver of taxes, duties or other charges levied on the equipment and materials brought in for the purpose of providing assistance.Keyword: Cooperation of ASEAN Member States - Fires - Asean Agreement On Transboundary Haze Pollution
PERANAN SATUAN POLISI LALU LINTAS DALAM MENANGANI PELANGGARAN KECEPATAN MELAMPAUI BATAS MENURUT UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN DI KEPOLISIAN RESOR KOTA PEKANBARU Ridho Triwardana; Erdianto '; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Abstract

Each person uses a motor vehicle to facilitate its activities to mobilize or move from one place to another in everyday life, be it a two-wheeled vehicle or four wheels. Motor vehicle is any vehicle that is driven by mechanical equipment such as engines other than vehicles running on rails. As motorists must give priority to the safety and comply with the applicable regulations in accordance with the provisions in force in the State Indonesia. Pursuant to Article 106 paragraph (4) (g) or Section 115 (a) of Law Number 22 Year 2009 regarding Traffic and Road Transportation. The research objective of this thesis, namely; First, to determine the role of Pekanbaru City Traffic Police, Second, To know the constraints faced by the City Police Traffic Pekanbaru, Third, To know the efforts made by the City Police Traffic Pekanbaru.This type of research can be classified into types of juridical sociological research, because in this study the authors directly conduct research on location or area under study in order to provide a complete and clear picture of the problem under study. This research was conducted in the Unit and Traffic Police Pekanbaru, while the sample population is a whole party with regard to the issues examined in this study, the data source used, primary data, secondary data, and the data tertiary, data collection techniques in research This observation, interviews, questionnaires and studies literature.From the research, there are two basic problems that can be concluded. First Traffic Police Unit Pekanbaru City resort has an important role in addressing melalmpaui speed limit to foster and disseminate to the public of its speed exceeds the limit by reprimanding and sanctioning offenders if proved to have violated the speed limit exceeded. The second obstacle faced Traffic Police Unit resort city of Pekanbaru, among others, the absence of gauges or radar speed to prove offenders who violate the rules speed exceeds the limit, people who do not know the basis of the regulation speed exceeds the limit, and not maximal means of signs regulation speed on the national road in the city of Pekanbaru, the result of people who do not know about the speed regulation makes a lot of accidents that causes the speed beyond the limit, and the awareness that did not exist, but to actively participate in the creation of traffic orderly and safe.Keywords: Role - Traffic Unit - exceed speed limits
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PEREDARAN OBAT IMPOR YANG TIDAK MEMILIKI IZIN EDAR OLEH PENYIDIK PEGAWAI NEGERI SIPIL BALAI BESAR PENGAWAS OBAT DAN MAKANAN DI PEKANBARU SYAFRINA MAISUSRI; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Medicine as a very important component for supporting health treatment for society. Distribute of medicine in society must have license, for production of medicine in of the country and import medicine, that gived by Badan POM (The National Agency of Drug and Food Control). Article 106 clause (1) law Number 36 of 2009 on Health, the preparation of pharmaceutical and health equipments can only be released after obtaining the marketing authorization. So, preparation of pharmaceutical can distribution in Indonesia if has been valuated throught mechanism medicine registration for get license. Illegal import medicine distribution will endanger its consumers’ health and safety because there is no safety, efficacy and quality guarantee of Badan POM.In reality, there are many illegal import medicine distribution cases the pharmacy in Pekanbaru. For example in Apotek Cempaka, Balai Besar POM Pekanbaru (Provincial office of Drug and Food Control in Pekanbaru) to found 58 items illegal import medicine, there are tebonin forte, lescol xl, camazol, navamin and so many import medicine that not yet have license. This show that law enforcement for illegal import medicine distribution in Pekanbaru conducted by Balai Besar POM Pekanbaru is not optimal.Keyword: Law enforcement, import medicine distribution lisence.
PENGATURAN PENYIDIKAN TERHADAP ANGGOTA KEPOLISIAN REPUBLIK INDONESIA YANG MELAKUKAN TINDAK PIDANA Nainggolan, Dedi Ardianto; ', Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Abstract

The probe is an early stage of the criminal law enforcement process or the working of the Criminal Justice System. The probe has a position and role are very important and strategic to determine the success or failure of subsequent criminal law enforcement process. Implementation of good investigation will determine the success of the Public Prosecutor in the prosecution and then makes it easy for judges to explore / discover the truth materially examine and prosecute in court. Many obstacles and barriers, of legislation and the implementation of a technical field such as the behavior of law enforcement officials and community participation led to many legal inequality that occurred within the police force, which on the one hand they are as investigator and on the other side of them as perpetrators of crime should be investigated. Investigations conducted by members of the police against fellow members of the police tends not professional and their reluctance to investigate a fellow of the institution.The purpose of this thesis are: First, to find out the settings investigations against members of the Indonesian National Police for a criminal offense; Second, to determine the ideal setting investigation against members of the Indonesian National Police for a criminal offense. This type of research used in this study, using normative legal research can also be called by the doctrinal legal research. In this normative legal study conceptualized as what is written in the legislation (law in books).According to Article 1 paragraph 1 of the Law of Criminal Procedure and Article 1 point 10 of Law Number 2 of 2002 on the Indonesian National Police, that is the investigation of a series of actions the investigator in the case and in the manner set forth in this law to find and collect evidence with evidence with evidence that shed light on the crime happened and to find the suspects. Whereas Article 1 point 1 and 2 of the Code of Criminal Procedure states that the investigator is an official police or specific civil Servants specifically authorized by law. To overcome the obstacles Police in investigating the need to establish an institution for external police who can supervise and follow up members of the police who committed the crime and reforming the Code of Criminal Procedure which governs the investigator, the processes of investigation and control of fossil or cooperation between investigators and other law enforcement officials.Keywords: Investigation setting-Police-Crime
PERANAN PSIKOLOGI KEPOLISIAN DALAM PROSES PENYIDIKAN (STUDI KASUS MUTILASI DI SIAK) Ester Ailen Sirait; Erdiansyah '; Erdianto '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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In Psychology police use mentioned in Law No. 2 of 2002 on the Indonesian National Police in Article 14 Paragraph 1 (h): Holding a police identification, police and forensic laboratory medicine and psychology of police for the benefit of police duties. Psychology of police as a branch of psychology is the application of the concepts of psychology to law enforcement agencies, meaning that the main concepts of psychology used for law enforcement in order to achieve justice, using the techniques of certain commonly applied psychology so that the investigator to conduct an examination of the suspect was not need to get angry and can steer the suspect in order to provide answers that are correct, regardless of the fact whether he is guilty or not, as well as in criminal psychology confronted the investigator as an examiner can confront the perpetrators of criminal acts better in order to expedite the course of the examination in the level of investigation. Given psychology backgrounds, behavior and alleged acts by approaching the psychological, which is expected to expedite the task penginterogasian / examination suspects without an attitude of coercion / emphasis be a problem in this research is how the role of psychology of police in the examination of a suspect in the case of mutilation in Siak, psychological barriers to the use of police force in the examination of a suspect in the case of mutilation in Siak. The purpose of this study is to determine the role of psychology in helping the police to conduct examination on suspected cases of mutilation in Siak, knowing any obstacles in the use of psychology of police and the efforts made to overcome the obstacles. The research method that the author has to do is research sosiologisdisamping it also juridical sociological approach that is done by looking at the correlation between the law society, so as to reveal the effectiveness of the rule of law in society. Through research the author has done, implementation of the psychological police are still going well in practice is due to the task of psychology police have difficulty in terms of the authority to conduct the examination without any request terlabih advance of the investigating authorities, which would restrict the movement of the psychology of the police to do more to do investigative efforts that need to be done by the police are: 1. Keep their willingness dati strategically positioned from the Police so that more police psychological role in the disclosure of the case at this stage of the investigation. 2. Increasing the educational programs for the police, especially for those who are at the front dibarisan (investigator). Thus the implementation of the psychological role of the police should be improved better with socialization in order to investigations conducted in accordance with Law No. 2 of 2002 on the Indonesian National Police Article 14, paragraph 1 (h) so that the rights of suspects are protected in accordance with applicable law.Key Words: Police Psychology - Mutilation – Investigation
PENGATURAN MEKANISME PELIMPAHAN POKOK PERKARA KE PENGADILAN NEGERI DIKAITKAN DENGAN PUTUSAN PRAPERADILAN YANG DITERIMA MENURUT KITAB UNDANG-UNDANG HUKUM ACARA PIDANA Boy Mono Indra; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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The judge's verdict accepts pretrial in order to protect the rights ofsuspects and defendants for the unauthorized conduct of investigation. In this casethe pretrial verdict number. 19/ Pid.Pra / 2016 / PBR. However, pursuant toArticle 82 Paragraph (1) Sub-Paragraph (d) of the Criminal Procedure Code ofPublic Prosecutor for its authority to delegate the principal matter to the districtcourt registered in the case number 535 / Pid.B / 2016 / PN.RHL. Pursuant toArticle 137 of the Criminal Procedure Code does not have a principle ofpresumption of innocence for the rights of suspects and defendants faced beforethe court.The purpose of this thesis writing is: First, to know the setting ofdelegation of principal case to the district court is associated with the pretrialdecision accepted according to the Criminal Procedure Code. Secondly, to knowthe ideal setting of the principal issue of the case to the district court is related tothe pretrial ruling received under the Criminal Procedure Code. Thirdly, to knowthe legal consequences of the transfer of principal case to the district court isrelated to the pretrial decision accepted according to the Criminal ProcedureCode.This type of research is normative legal research or can be called alsoresearch doctrinal law. From the research result of the problem, there are threemain points that are concluded. Firstly, the regulation of the main issue of thecase to the District Court is related to the pretrial ruling which is accepted basedon Ius Constitutum Article 137 KUHAP there is no legal certainty of regulatingrules. So that the principle of Presumption of Innocence (presumption ofinnocence) has ignored the rights of suspects / defendants. Secondly, the idealarrangement of the central delegation mechanism to the District Court is relatedto the pretrial ruling received that the pretrial judgment received by the judgethen the trial in the district court can not be continued so that it is clearlymentioned in the legislation in this case the Book Criminal Procedure Code.Thirdly, the consequence of the law of delegating the principal case to the districtcourt is related to the pretrial decision received, namely the case investigated isthe cessation of prosecution, the case is null and void. The authority of the publicprosecutor has ignored justice for the rights of the accused / defendant.Keywords: Setting-Pretrial-Judgment-Principle of Guilty Prediction
PENYIDIKAN TINDAK PIDANA PEMALSUAN SURAT KETERANGAN TANAH DAN SURAT KETERANGAN GANTI RUGI YANG DILAKUKAN OLEH CAMAT DI KEPOLISIAN RESOR KOTA DUMAI Hutabalian, Malvin; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Advancement of the economy of a region will always be accompanied with the increase of various kinds of criminal acts in the region, this too has happened in the region laws City Police Dumai where Kota Dumai turns menyisahkan 2 issue of the crime of forgery that occurred in 2012 and 2013, but the year 2013 forgery case has not been resolved completely and was still under investigation by the police.In the process of investigation by the police on criminal acts dumai town this falsification experience various inhibiting factors in the investigation, one of which is the testimony of witnesses who where witnesses can not provide detailed information and explanations seem convoluted and difficult to understand. While witness testimony is one tool in exposing evidence of a crime. Therefore the investigation of criminal cases of forgery that occurred in 2013 are not resolved completely.From the research the problems faced by the Police Dumai can be concluded, namely: First, the investigation conducted by the Police Dumai against fraud statement on land and compensation. Second, inhibiting factors experienced by the investigator to conduct the investigation of forgery and not maximal performance of police officers. Third, efforts made to overcome the problems in the investigation of criminal cases of forgery statement on land and compensation by giving socialization to the community so that law-abiding are not afraid to be a witness if the look and feel of offense happened.Keywords: Process-Crime Investigation-Counterfeiting-Mail
PENGELOLAAN MOBIL DINAS PEMERINTAH KOTA PEKANBARU OLEH BADAN ASET MENURUT PERATURAN PEMERINTAH NOMOR 27 TAHUN 2014 TENTANG PENGELOLAAN BARANG MILIK NEGARA/DAERAH Elisa, Kiki; Indra, Mexsasai; ', Junaidi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Seeing the use of official cars by the day , the authors observe is often used to transport goods , the driver changing, and perhaps drove different way to when driving a private car . Private car seems to be well maintained , used with affection , driven with care / not rude , turn persenelingnya conducted in accordance with the speed of the car , so it is not quickly broken. Kind of this research is empirical jurisdiction, namely by approaching problems examined with real law in accordance with the reality on the ground. In this study the authors directly conduct research on the location or point studied to provide complete the problem. This research conducted in Pekanbaru City and Financial Management Board and the Regional Asset. Population and sample are those relating to the issue, examined in this study, the source of the data used is a primary data, secondary data and data tertiary. Data collection techniques in this study is observation, interview and literature study. From the research, there are three main problems can be inferred. First, Is the management of official cars by the government of Pekanbaru are in accordance with Government Regulation Number 27 of 2014? What are the limiting factor in the implementation of the management of official cars for government officials in the city of Pekanbaru? And Efforts natural assets management agency carbuncle car Pekanbaru City Government? Advice writer first, Expected created a special rule regarding the collection of official cars so that there is no official car of excess or less in each SKPD. Secondly, It is expected that the government can impose sanctions that have a deterrent effect . So that users do maintenance official car of the official car of possession.Keywords: Management – Official Car

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