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TINJAUAN YURIDIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 76 TENTANG PENGUJIAN UNDANG-UNDANG NOMOR 17 TAHUN 2014 TENTANG MPR DPR DPD DAN DPRD TERHADAP UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 RAUF, MUHAMMAD AMIN; Firdaus, Emilda; Artina, Dessy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Decision of the Constitutional Court Number 76 / PUU-XII / 2014 About Testing of Law Number 17 Year 2014 The People's Consultative Assembly, DPR, DPD, and DPRD are considered ultra petita and positive legislators, because the Constitutional Court in making this decision makes the rule of law new as well as making an unsolicited decision by the applicant.in Law Number 4 Year 2014 on the Second Amendment to Law Number 24 Year 2003 Article 45A and Article 57 has been regulated by the Constitutional Court in making the decision. Decision of the Constitutional Court Number 76 / PUU-XII / 2014 About Testing of Law Number 17 Year 2014 About MPR, DPR, DPD, and DPRD questioned its juridical validity ..the purpose of writing this skrripsi, namely: First, to know whether the decision of the Constitutional Court Number 76 / PUU-XII / 2014 About the Testing of Law Number 17 Year 2014 About the MPR, DPR, DPD and DPRD has been in accordance with the authority of the Constitutional Court as regulated in the law.secondly, to know the implications of the Constitutional Court's decision on examination, investigation and investigation, a member of the People's Legislative Assembly suspected of involvement in a crime after the issuance of the decision.The type of research used by the author, is the normative legal research is literature law research, because it makes the literature materials as the main pedestal.in this Normative legal research the authors do research on the principles of law and legal systematic starting from certain areas of law. The data sources used include Primary, Secondary, and Tertiary. Technique of collecting data by using literature study method.From the results of research problems there are two main things that can be concluded.first, Decision of the Constitutional Court Number 76 / PUU-XII / 2014 is considered as a decision of an ultra petita and positive legislator. Secondly, In the law, the authority of the Constitutional Court only cancels a norm of law if the law is not in accordance or contradictory to higher norms.the author's suggestion, Firstly, the Constitutional Court should perform its functions in accordance with those mandated by law.secondly, the Constitutional Court should have made a decision that is not contradictory or in accordance with the authority granted by law, if it is justified to make the ultra petita decision and positive legislator then it is necessary to amend the law of the Constitutional Court.Keywords: Testing of the Law, Constitutional Court, Ultra petita, Positive legislator
Tanggung Jawab Pelaku Usaha Terhadap Kelebihan Berat Angkut Pada Angkutan Semen Padang PT. Dunia Usaha Kota Dumai Derma, Robby; Ismi, Hayatul; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Law Number 22 Year 2009 on Traffic and Road Transport (LLAJ), is the legal basis that it is not allowed to withdraw levies of overload. So there needs to be the responsibility of business actors to the excess weight of transport on cement transport Padang PT. Business World Dumai City, which became one of the problems that have a major impact on the smooth flow of traffic. Therefore, the purpose of writing this thesis, namely: First, how the implementation of the responsibility of business actors on the transport of goods that are overloaded hauling, Secondly, What is the legal consequences for the transporting business that transports more than the weight of transport, Third, how the efforts of the government in to curb business actors who exceed the weight of freight.This type of research can be classified in the type of sociological legal research that is the study of the effectiveness of the current law. In this case the authors do research on the implementation in the transportation of goods by land. This research was conducted in Dumai City. Populations and samples are Business actors who use cargo trucks as a means of land transportation, Trucking entrepreneurs use cargo trucks in Dumai City as freight services, and drivers as truckers carrying truckloads that exceed the capacity of cargo.The conclusion that can be obtained from the results of the research is Firstly, the implementation of the responsibility of the business actors on the transportation of goods that are overweight of transport has not been suitable as a whole. Secondly, the legal consequences for the transporting business that transports more than the weight of the transporter should be imposed administrative sanctions and sanctions but the legal consequences have not been implemented properly. Third, the efforts of the government to curb business actors that exceed the weight of freight, namely: loading the responsibility of controlling the load of goods, the Government conducts studies on the load for the transport and Improvement of surveillance on land transportation.Keywords: Responsibility of Business Actor-Heavy Excess Heavy-Transport Dumai City
PENYIDIKAN TINDAK PIDANA PERAMBAHAN HUTAN BERDASARKAN UNDANG-UNDANG NOMOR 18 TAHUN 2013 TENTANG PENCEGAHAN DAN PEMBERANTASAN PERUSAKAN HUTAN OLEH DIREKTORAT RESERSE KRIMINAL KHUSUS KEPOLISIAN DAERAH RIAU Laksmi, Dewa Ayu Putu; , Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Lately, the destruction of forests has become more widespread and complex. The destruction occurs not only in production forests but has also penetrated into protected forests or conservation forests. Forests encroachment is a forest clearing activity for the purpose of owning, controlling, and utilizing forest product regardless of the basic function carried by a forest area. Illegal occupation of forest land, forest use deviating from its function, and irresponsible forest exploitation are severely damaged. The losses incurred by forest encroachment are enormous, the country losing billion and even trillions of rupiah. In addition to economic losses of forest products taken by encroachers uncontrollably and ignoring sustainable principles, the enormous environmental damage is very large and has extraordinary impact on forests ecosystem imbalances.This study uses a kind of sociological juridical research that sees the correlation between law and society. This research was conducted at Sub Directorate IV of Directorate of Special Criminal Investigation of Riau Regional Police, while population and sample are all related parties in problem to be studied. Sources of data used, primary data, secondary data, and tertiary data, data collection techniques in this study by interviews, and literature review.From the research there are three main points that can be concluded. The first, criminal investigation of forest encroachment based on Law Number 18 of 2013 on Prevention and Eradication of Forest Destruction by Directorate of Special Criminal Investigation of Riau Regional Police, is still not running properly that has been regulated in legislation. Secondly, obstacles in the criminal investigation of forest encroachment based on Law Number 18 of 2013 on Prevention and Eradication of Forest Destruction by Directorate of Special Criminal Investigation of Riau Regional Police, are financial obstacles, obstacles of facilities and infrastructure, obstacles to bring in forestry experts, lack of public legal awareness, and geographical factor. Third, efforts to overcome obstacles in the criminal investigation of forest encroachment based on Law Number 18 of 2013 on Prevention and Eradication of Forest Destruction by Directorate of Special Criminal Investigation of Riau Regional Police, are propose additional operational costs, adding facilities and infrastructure, coordinate or communicate with experts, and raising public awareness of forest legislation.Key Words: Investigation – forestry crime – forest encroachment
PELAKSANAAN TANGGUNG JAWAB PENGANGKUTAN BARANG MELALUI LAUT DI PT. INDO PERDANA LINTASJAGAD BATAM DENGAN CV. JAYA RAYA Pratomo, Bobby Farras; Bachtiar, Maryati; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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The transport of goods in its implementation is preceded by agreement between the parties, namely the sender, the receiving party, and the third party as the introductory party. This freight deal is contained in a contract of carriage which includes the rights and obligations of each party in the process of delivery to the receipt of goods. This contract is very important considering the risks that will be encountered when the goods are in transit, the clause on the transport agreement must include also the rights and obligations of third parties. The purpose of this study is to know the rights and obligations in the agreement of transporting goods by sea at the transportation company PT. Indo Perdana Lintasjagad and constraints that occur in the implementation of goods transport by sea between PT.Indo Perdana Lintasjagad with CV. Jaya Raya.The type of this research is sociological law research that is research on the effectiveness of the current law while when viewed from the nature of this research is descriptive. This study uses primary data that is data obtained directly from the first source and direct observation conducted by the researcher into the field and secondary data that is the data that has been so.The results of this study are the rights and obligations in the sea freight transport agreement in the freight company PT.Indo Perdana Lintasjagad Batam embodied in legislation or delivery agreement of goods made by PT. IPL with CV. Jaya Raya. Rights and obligations between PT. IPL and CV. Jaya Raya is everything that must be met or must be accepted by PT. IPL and CV. Jaya Raya arising from a legally-established agreement. Constraints in the implementation of goods transport by sea between PT. Indo Perdana Lintasjagad with CV. Jaya Raya is a dense transport schedule followed by the number of existing customers and the delay of delivery of CV's belongings. Jaya Raya to Container Yard (CY), the occurrence of damage to the goods during the inspection process by the water police officers and at the time of bongkat loading by the ABK. To overcome this, done cooperation or sign contract with CV. Jaya Raya with a minimum contract period of one year.Keywords: responsibility, transportation, sea.
PELAKSANAAN OPER KREDIT KENDARAAN BERMOTOR RODA EMPAT TANPA DIKETAHUI PIHAK PERUSAHAN PEMBIAYAAN KONSUMEN PT BUANA FNANCE TBK BERDASARKAN UNDANG-UNDANG NOMOR 42 TAHUN 1999 TENTANG JAMINAN FIDUSIA Rio Julivan Sibarani; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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The credit operation under the hands represents a transfer of liabilities from the old debtor to the new borrower to the fiduciary security object, the transfer of this credit without the consent of the creditor, the credit operation under this hand will cause further legal problems because of this without the consent of the creditor. The formulation of the problem is how the implementation of Law Nomber. 42 of 1999 on Fiduciary Guarantee of motor vehicle operations without known to the financing institution, how the legal efforts against credit operations without knowing by the financing institution. The results of this study that the credit operates have been frequent in all finance companies not only in PT. Buana Finance, Tbk the occurrence of this credit operations because the debtor is not able to continue installment payments, so that from the vehicle seized by the PT. Buana Finance Tbk, it is better to operate it to other party, but the problem of vehicle credit operation is done unnoticed by the company so that the debtor has violated Article 23 Paragraph (2) Fiduciary Law, which becomes the obstacle of this problem is the debtor Many do not know the legal consequences caused when doing credit operations unnoticed by the financing institutions in addition to lack of socialization of the company to the problem of credit oper, the vehicle in oper credit to others do not know its existence, and efforts made to overcome the existing obstacles , Where the debtor by giving an explanation to the debtor at the signing of the credit agreement, by explaining the credit operations, asks the old debtor to take responsibility for the transferred vehicle who does not know its existence by paying off the outstanding debtKeyword: take over credit, Four-wheel vehicle, Fiduciary guarantee
PERLINDUNGAN HUKUM BAGI KONSUMEN AIR MINUM ATAS PELAYANAN PERUSAHAAN DAERAH AIR MINUM TIRTA INDRA KABUPATEN INDRAGIRI HULU Meta Fitria; Firdaus '; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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As a service provider company and providing non-profit public benefits,PDAMs should be oriented towards quality service quality, capable of providinghigh quality water that meets health requirements (colorless and odorless),continuity, innovative, so that PDAM Tirta Indra Kab Indragiri Hulu can defenditself, and in the future is expected to become a service company that can betrusted and proud by consumers, especially Indragiri Hulu Regency. However, inreality there are still many unattainable drinking water consumer rights, such asthe right to convenience, where consumers are less comfortable with the servicesof PDAMs, and the right to information, where PDAMs are not open toconsumers regarding quality information from the drinking water they consumeeach year.As for the purpose of writing this thesis is To know the implementation,constraints, and efforts in legal protection for consumers of drinking waterservices Tirta Indra Regional Water Company Indragiri Hulu regency.The conclusions can be obtained from this research is, First, theimplementation of legal protection for consumers of drinking water services TirtaIndra PDAM Indragiri Hulu regency is still not running properly. Second,constraints in the implementation of legal protection for consumers of drinkingwater services Tirta Indra PDAM Indragiri Hulu regency is the number ofcomplaints from consumers and the quality of drinking water. Third, the effortsmade by PDAM Tirta Indra Indragiri Hulu regency in overcoming the problemsof drinking water services to consumers, related to consumer complaints directlyhandled by Public Relations Section and Customers PDAM Tirta Indra, ondrinking water quality, PDAM Tirta Indra Indragiri Hulu do some fixes such asPlow Meter and Pam Browsing. The author's suggestion from this research is,First, PDAM Tirta Indra Kab. Inhu is expected to improve services in providingclean water and quality. Secondly, PDAM Tirta Indra Kab. Inhu is expected tominimize complaints from consumers to provide clean water services. Third,PDAM Tirta Indra Kab. Inhu is expected to continue working to overcomevarious problems related to his ministry.Keywords: Legal Protection - Consumer - PDAM
ANALISIS YURIDIS PERLINDUNGAN KONSUMEN TERHADAP OBAT-OBATAN TRADISIONAL YANG BERASAL DARI LUAR NEGERI BERDASARKAN UNDANG-UNDANG NO. 8 TAHUN 1999 TENTANG KONSUMEN Efendi, Sumardi; Bachtiar, Maryati; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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The State has appointed the Food and Drug Supervisory Agency (BPOM) as a Non Departmental Government Institution established to carry out government duties in the field of drug and food control in accordance with applicable laws and regulations. BBPOM domiciled in Jakarta and to carry out its duties in the area of BBPOM has a technical implementation unit one of them in the form of Center for Food and Drug Supervisor (Balai Besar POM) in the area with their respective working areas. Based on the above background, the authors are interested to explore it more deeply, because with the circulation of these drugs are not accompanied by labels from BPOM, so this can harm consumers as users of these drugs, however health is the main thing, but how it is the case if the sick body is entered by traditional drugs that harm the body, can even result in death.The author sets out the following key issues on How Consumer Protection Against Traditional Drugs Originating From Abroad Based on Law no. 8 of 1999 on Consumers and How Constraints in Consumer Protection Against Traditional Drugs Originating From Abroad Based on Law no. 8 Year 1999 About Consumers.This writing when viewed from the type of research is classified as normative legal research that is research conducted by examining the legal library materials associated with the problem, whereas if viewed from the nature of this research is descriptive research that explains in the form of a clear sentence and detailed.From the results of the research that protection of consumer protection against traditional drugs originating from abroad pursuant to Article 1 paragraph (1) of Law no. 8 Year 1999 About Consumer Protection is any effort that ensures the existence of legal certainty to provide protection to consumers conducted by BBPOM in charge of supervising the circulation of drugs on the market. As an example of a case carried out by BBPOM Pekanbaru who made the arrest of the owner of Drug Store Sumber Rezeki Makmur located in Mal Pekanbaru. From the results of the arrest was confiscated evidence of drugs originating from China bamboo curtain country. Constraints In Consumer Protection Against Traditional Drugs Originating From Abroad Based on Law no. 8 of 1999 About Consumers are: No direct responsibility from pharmaceutical companies to consumers, Lack of supervision conducted by BBPOM on drugs from abroad, lack of human resources, lack of participation from the community and lack of law enforcement to business actors.Keywords: Consumer Protection Traditional Medicine - From Abroad
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PORNOGRAFI MELALUI MEDIA SOSIAL BIGO LIVE BERDASARKAN UNDANGUNDANG NOMOR 19 TAHUN 2016 PERUBAHAN ATAS UNDANGUNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK DI KEPOLISIAN RESOR KOTA DUMAI Natasya Alfiana Sagita Saragi; Erdianto Effendi; Ferawati '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Internet media can give birth to new activities that are not fully regulatedby the existing law. This fact has made people aware of the need for regulationthat regulates the activities that involve the internet media. Along with theexistence of internet media in the community developed the internet media alsogave birth to new anxieties, among others the emergence of a new, moresophisticated crime in the form of cyber crime (cyber crime). The purpose ofwriting thesis in, namely First, To know how the law enforcement process and theapplication of sanctions against pornographic crime through social media bigolive based on Law No. 11 Year 2008 About Information and ElectronicTransactions. Second, To know the preventive efforts of government and lawenforcement officers in overcoming the high index of pornographic crime throughsocial media bigo liveThis type of research can be classified in the type of sociological juridicalresearch, because in this study the authors directly conduct research on thelocation or place studied to provide a complete and clear picture of the problemunder study.From the research results of the problem there are two main things that canbe concluded, First,Law Enforcement and Application of Sanctions againstpornography through social media bigo live Based on Law Number 19 Year 2016amendment to Law Number 11 Year 2008 About Information and ElectronicTransaction at the Dumai City Police Force,law enforcement at the Dumai CityResort Police has not been running as it should and the imposition of its sanctionscan’t be imposed directly on the perpetrators. Secondly, the preventive effortsundertaken by the Government and the law enforcement officers of Dumai CityPolice Force are to socialize the dangers and negative impacts of pornographythrough social media to the community.Author's suggestion, Firstly, It takescommitment in law enforcement against pornography through bigo live socialmedia.Keywords: Law Enforcement-Pornography-Dumai City Police Officer
ANALISIS YURIDIS KEDUDUKAN PERJANJIAN HOMOGLASI DALAM MENGAKHIRI KEPAILITAN SESUAI DENGAN UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG Rahmat Marianus Sidabutar; Hayatul Ismi; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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The Verdict of the Endorsement of the Treaty of Peace or often referred to as Homoglasi must have legal certainty in ending bankruptcy. Homoggation provides an important opportunity for the debtor to re-manage his property. Assets and Passiva of a company are important considerations in deciding the ratification of a peace agreement or homoglation. This is useful for ensuring business continuity and for the fulfillment of the content of the homoglation agreement. Article 166 Paragraph 1 provides a strict stipulation that the homoglasi agreement has a strong position to end bankruptcy and in Article 288 stating that Homoglasi has the legal standing to end the Postponement of Debt Payment Obligations. The Treaty of Peace which has been approved by the Commercial Court (Homoglasi) must have a definite legal effect to end the bankruptcy that befell the debtor and become the base of rights for both parties. Judge must be more careful in deciding any bankruptcy case that has ended with homoglasi for the creation of legal certainty that becomes the legal umbrella for the debtor and creditorThe purpose of this thesis writing is: First, to know how the legal position of verdict of endorsement of peace (Homoglasi) in ending bankruptcy in accordance with Law Number 37 Year 2004 About Bankruptcy and Delay of Obligation of Debt Payment, Second, What is the effect of law of verdict of endorsement of peace agreement (Homoglasi ) to the Company's bankruptcy status in view of Law Number 37 Year 2004 Concerning Bankruptcy and Suspension of Payment Obligations.This type of research is normative legal research or can be called also research doctrinal law. From the research result of the problem there are two main points that concluded, Firstly, the position of verdict of endorsement of peace agreement (Homoglasi) which is not able to give guarantee of legal certainty to debtor pursuant to Law Number 37 Year 2004 About Bankruptcy and Delay of Debt Payment Obligation. Second, the legal consequences of the Decision of the Peace Agreement which can not have legal certainty resulting from the position of the Ratification of the Peace Treaty Agreement which has no legal certainty in ending the bankruptcy of the debtor.Keywords: Legal Status- Homoggation- Law Effects
PENCEGAHAN TINDAK PIDANA TERHADAP ANAK BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2014 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK OLEH KEPOLISIAN SEKTOR BANGKO PUSAKO ROKAN HILIR Almizan '; Dessy Artina; Ferawati '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Implementation of child protection in the territorial waters of the Bangko Pusako Sector Police has not been maximally protection for children still the number of children who become victims of crime, in contrast to those already regulated in the Act. Therefore, the purpose of writing this thesis, namely: first, how the implementation of prevention of crime against children based on Law number 35 year 2014 about the amendment to Law number 23 year 2002 about child protection by Police Sector Bangko Pusako Rokan Hilir. Second, what are the obstacles in implementing prevention of crime against children based on Law number 35 year 2014 regarding the amendment to Law number 23 year 2002 concerning child protection by Police Sector of Bangko Pusako Rokan Hilir. This type of research can be classified in the type of sociological law research, because in this study the authors directly approach the way by looking in terms of legislation and the reality that looks at the object of research. The author conducted this research in the Police Sector Bangko Pusako. Population and sample of this research are Kapolsek Bangko Pusako, Reskrim Criminal Polsek Bangko Pusako, Victim's Parent and / or Victim's Legal Counsel. Sources of data used are: primary data and secondary data. Data collection techniques in this study with interviews, observation, and literature review. The conclusions obtained from the results of this study are first, the implementation of prevention of crime against children based on Law number 35 year 2014 on the amendment of Law number 23 year 2002 on child protection by Police Sector Bangko Pusako Rokan Hilir not fully in accordance with what expected by the community and the aspiration of the law because the efforts undertaken by the police have not been maximized and can not touch all levels of society as a whole. Second, obstacles in the implementation of prevention of crime against children based on Law number 35 year 2014 about the amendment of Law number 23 year 2002 concerning child protection by Police Sector of Bangko Pusako Rokan Hilir Sector ie society factor, facility factor and infrastructure, personnel and geographical factors.Keywords: Prevention-Crime-Against Child-Police Sector Bangko Pusako.

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