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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Articles 2,579 Documents
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PEMENUHAN HAK TENAGA KERJA DALAM PENERIMAAN UPAH PEKERJA HARIAN LEPAS PADA(BBI) BALAI BENIH INDUKDI KECAMATAN RETEH KABUPATEN INDRAGIRI HILIR BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN Hapsah, Siti; Bachtiar, Maryati; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Workers can not be denied existence in an intermediate working relationship theparent seed center with its workers, because they give each other a product plants that canbring benefits to the parent seed parent itselt. Meaning that the worker is a very importantfactor in a business activity carried out in the main breeding center. One of those cases doesnot fulfill the right of the worker daily freelancers who have the status of workers/laborees inacceptance of unfair wages in accordance with the legislation can be found in the main subdistrictseedlings reteh districts indragiri downstream, freelance worker less get welfareregarding the acceptance of unfair wages of 1.760.000 (one million seven hundred and sixtythousand rupiah ) per month that workers should earn 2.163.658 ( two million one hunfredsixty three thousand six hundred fifty eight rupiah ) per month.it appears that workers onlyearn wages that are still below the minimum wage, whereas based on government regulationnumber 78 year 2015 about wages in chapter 3 says that: wage policy is directed to theachievement of income that fulfills a decent living for the workers.The purpose of writing this thesis, nemely: to know how the fulfillment of the rights ofdaily workers freely in the receipt of wages at the parent seed center in the subdistrict ofindragiri downstream district. Second, to find out the cause of non-fulfillment the right ofdaily workers freelance in the receipt of wages at the main breeding center in the subdistrictof indragiri downstream regency.This type of research is a sociological study, because of the research on the effectiveness ofthe prevailing law.This researchwas conducted at the main breeding center in the subdistrictof indragiri downstream, while the population and sample were is a whole party related tothe problems studied in this study, data sources used, primary data,secondary data andtertiary data, techniques data collection in this study by interview and literature review.From the results of research problems there are two main things that can beconcluded. First, casual workers who work in the main breeding centers receive wages lessthan the minimum wage set by the downtream indragiri district. Second, the cause of wagesless than the minimum wage of indragiri downstream regencies is a system of less controlledand sanctioned sanctionss which is less run by the labor and transmigration offices of thedownstream indragiri district. The author’s suggestion, first, the casual worker must be madea written work contract in order for, the wage given in accordance with the minimum.Second, the labor and transmigration services must perfrom their functions as supervisionand protection for the workforce.Keywords : daily wage-worker fulfillment of parent stock
PEMBAGIAN HAK WARIS PADA PERKAWINAN POLIGAMI DALAM MASYARAKAT ADAT MINANGKABAU KECAMATAN MATUR KABUPATEN AGAM Zuliantika, Ananda; Ismi, Hayatul; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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In Minangkabau indigenous peoples the search property of husbands dividing their inheritance rights under Islamic law both in monogamous marriages and polygamy. Basically polygamous marriage must have a lot of husband's injustice as the head of the household. The division of inheritance of Islamic law in Minangkabau adat is somewhat ambiguous as the understanding of Minangkabau indigenous people towards Islam is low. In the general community, especially Agam Regency, there are still many problems faced in terms of distribution of inheritance, then in writing will be discussed about the prerogative of inheritance rights in polygamy marriage in Minangkabau indigenous people. The purpose of writing this thesis, namely: First Knowing how to divide the heirs in polygamy marriage in Minangkabau indigenous people Matur Sub-district Agam regency, Second Knowing the obstacles in the issue of division of inheritance rights in polygamy marriage in Minangkabau indigenous people Matur sub-district Agam regency.This type of investigation can be categorized into a sociological juridical research type. Because in this study the authors directly conduct research on the location or place studied in order to provide a complete and clear picture of the problem under study. This research was conducted in Matur sub-district, while the population and sample were all parties related to the problem studied in this research. Sources of data used, primary data, secondary data and tertiary data, data collection techniques in this study by observation, interview and literature study.From the results of the study concluded that the division of inheritance on the wife and children in polygamous marriage in Minangkabau indigenous people has not been fully done inheritance law of Islam. Distribution of inheritance in the form of deliberation with consensus with the whole family. The problem that arises in the distribution of inheritance to wives and children in polygamous marriages in Minangkabau indigenous peoples is that the nephew / nephew is included in the heirs who are entitled to the heirs' private property. It is not in accordance with the division of inheritance in accordance with the Islamic inheritance law which prioritizes the distribution of inheritance to the wife or children of the testator as regulated in the Quran Sura Annisa. If a dispute arises between the two, the standard is perfect, that is, the law of inheritance of Islami.Keywords: Inheritance - Polygamy - Islamic Heritage - Minangkabau
PERBANDINGAN PENGATURAN TINDAK PIDANA ABORSI MENURUT HUKUM POSITIF INDONESIA DAN HUKUM ISLAM R. Dyah Siti Safira
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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A woman becomes pregnant unwanted and she cannot accept the situation as her fate, so she does all sorts of effort to abort her womb. The formulation of the problem, how to compare the arrangement of abortion based on Positive Law in Indonesia and according to Islamic Law. What is the ideal of abortion crime of rape victims so far according to Positive Law in Indonesia and Islamic Law.The purpose of this research is to know the setting of abortion crime according to Positive Law in Indonesia and Islamic Law to know comparison of abortion based on Positive Law in Indonesia and Islamic Law. This type of research is normative research which discusses legal principles, legal system, legal synchronization level, legal history and comparative law of problem based on the prevailing laws and regulations by prioritizing library materials and its implementation in practice. Research conducted by the author is an analytical descriptive research.Conclusion Comparison of arrangement of abortion crime according to Positive Law in Indonesia and according to Islamic Law is seen from positive criminal law of abortion is categorized as a crime refers to Law Number 36 Year 2009 on Health, Criminal Code (Penal Code), and Government Regulation on Reproductive Health. The Criminal Code explicitly states the abortion of violations of law and criminal acts under Article 346 of the Criminal Code and there is no exception, the Health Law Article 75, the aspect of Islamic law of abortion in the Qur'an in Sura An-Nisa 'verse 93, Surat al-Isra 'verse 31, Hadith Muttafaq'alaih, and Ijma' ie MUI Fatwa Number 4 Year 2005 regulates the abortion. In Islamic law illegitimate abortion lawya because like killing humans and sanctions got a very big sin from Allah SWT except that not yet 40 days and for medical reasons. Ideally, the abortion of rape crime victims according to Positive Law in Indonesia and Islamic Law that the Positive Law of Indonesia provides legal protection against the act of abortion provocatus on rape victims with some requirements as medical reasons such as Article 75 paragraph (3), 76 Law Number 36 Year 2009. Revision of Law Number 36 Year 2009 on Health abortion is allowed not only limited medical reasons to save the life of the mother of emergency, but also pregnancy due to rape and incest, pregnant women suffering from severe mental disorders, and the fetus has severe congenital defects. Islamic law does not permit abortion, but seeing the psychological effects that rape women suffer so much, the considerations based on the rules of fikiyah, abortion due to rape may be justified by reason and abortion notes of indications of medical emergency and pregnancy due to rape, abortion may be performed before the age of 40 day is calculated from the last experience of menstruation.Keywords: Abortion-Positive Law in Indonesia-Islamic Law
TINJAUAN YURIDIS LEGAL STANDING TERHADAP LEMBAGA PERLINDUNGAN KONSUMEN SWADYA MASYARAKAT (Studi Kasus Nomor Perkara 0931/Pdt.G/2015/Pa.Jmb) Helfi Adilah; Hayatul Ismi; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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The Consumer Protection Agency of Swadya Society is an institution thatwas established to help Indonesian consumers in struggle for the rights ofconsumers who have been harmed by the businesses offender, with litigate to thecourt when deliberations between the two sides cannot be solved properly. In ActNo. 8 of 1999 about consumer protection, describes Consumer Protection Agencyof Swadya Society have legal standing in filing a lawsuit, but in practice judgehave consideration to the Consumer Protection Agency of Swadya Society has nolegal standing in filing a lawsuit to the court. It’s certainly make some questionabout legal standing of Consumer Protection Agency of Swadya Society. Thepurpose of this thesis about : first, to analysis legal standing of ConsumerProtection Agency of Swadya Society. Second, to analysis the judgement about thelegal standing of Consumer Protection Agency of Swadya Society.The type of this research can be classified in types of juridical normativeresearch, because in this research the authors use the study material libraries likeofficial documents, books for research, in this study, the data source using theprimary data, secondary data and tertier data, data collection technique on thisresearch is study of librarianship method or documentary studies.The results of this research can be concluded first, based on act No. 8 of1999 about consumer protection, Consumer Protection Agency of Swadya Societycan filing a lawsuit to the Court because the act explained Consumer ProtectionAgency of Swadya Society can filing a lawsuit to the Court for the benefit ofconsumers and the notion of consumers has been regulated in section 1paragraph (2) of act No. 8 of 1999 about Consumer Protection. Second, thejudgements adjudication Number 0931/PDT. G/2015/PA.Jmb has not fulfilledlegal certainty because inaccurate of the judges in deciding the case andinattention on the regulation about Consumer Protection Agency of SwadyaSociety.Author's suggestion, first, expected judges who adjudicate the case ofconsumer protection must pay attention to the applicable regulation especiallyabout legal standing of Consumer Protection Agency of Swadya Society.Secondly, needed regulation about the lawsuit mechanism of legal standing tocreate legal certainty.Keyword : Legal Standing - Consumer Protection Agency of Swadya Society
IMPLEMENTASI TERHADAP PERATURAN BANK INDONESIA NOMOR 18/16/PBI/2016 TENTANG RASIO LOAN TO VALUE UNTUK KREDIT PROPERTI DAN RASIO FINANCING TO VALUE UNTUK PEMBIAYAAN PROPERTI ', Angelina; Ismi, Hayatul; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Number of population growth in a city then the more shelter house emerged. As of shelter in the wake up with themselves, housing, and also the house of rows (apartments). Shelters are built with their own previously must have flat land first before starting to build a building remains. This time to get the land broad and strategic location in the City of Pekanbaru is more difficult in the add again the price of the land that is becoming more and more days increasing cause some more choose shelter directly so as of housing (apartments) and housing.Developer currently compete to build a shelter answered the question the community in selecting shelter.Many interesting offers that are provided by the developer in the form of advertising flyers and brochures so that people can see and are interested to have a house in want with DP and low interest rate installment also 0%. The Ad in the form of the offer for sales service distribution and properties of anything to exist or not exist, real, personal or mixed, or other goods that can affect people - people either directly or indirectly.This type of research can be categorized in types of sociological research, because in this study the author used how to interview, find sample is also the literature of the materials such as the official documents, books to do research in this study, data sources used, main data, data secondary and tertiary data , the technique of data collection in this study by the methods an overview of the library or field study.The implementation of Bank Indonesia Regulation No. 18/16/PBI/2016 about the ratio of Loan To Value for property credit and Financing to value for the financing of the property is not running well in the city of Pekanbaru, because there are several factors that affect to apply the regulation, some factors was from the bank, consumers and does not expressly sanction given.Suggestion of author, Firstly, The Bank Indonesia should be more decisively against Banks vie shari'a in Pekanbaru, Second, sharia banks should reject customers who want to do the mortgage financing that more than 85%, And the last developer should not do sales system pre-project selling because it is very risky, also sock away more should be more carefully and learn their personal finances.Keywords: Credit Shari'a - The Financing of the Property
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 Dewa Ayu Putu Laksmi; Erdianto '; Widia Edorita
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
Perkawinan Semarga Dalam Adat Mandailing Di Desa Simanosor Kabupaten Tapanuli Selatan Dalam Persfektif Hukum Adat Batak Mandailing Wahyuni Malina Harahap; Maryati Bachtiar; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Marital marriage is a marriage that is prohibited in indigenous Batak Mandailing, because it is considered to be from the same lineage which means having blood relation. There are three customary marriage systems: eksogamy, endogamy and eleutherogamy. Batak mandailing community belong to the exogamy marriage system, a man is prohibited from marrying a woman of the same age or as a man. A man must marry a woman out of her family. The purpose of this thesis writing is first: to know the causes of prohibited marriage in the village simanosor south tapanuli. secondly, to find out the customary sanctions given to married offenders in the village simanosor south tapanuli district.The type of research can be classified in the type of sociological research, because in this study the authors directly conduct research on the location or place studied in order to provide a complete and clear picture of the problems studied. This research was conducted in the village Simanosor south tapanuli. Descriptive, research with the source Primary, Secondary, and tertiary, while the population and sample are marital offenders, customary leaders and villagers Simanosor. Teknik data collection of interviews, questionnaires and literature review.From the results of research there are two main things that can be concluded, first: the cause of the prohibition of marriage is due to the belief that people who have same clan. Secondly: the customary sanction given to the married offenders is offering betel in the customary assembly session, as a sacrifice requesting forgiveness for wrong, paying customary sanction to prospective in-laws, families and customary chiefs by cutting a buffalo, eaten together by Dalihan na Tolu, women who do marriage should reshuffle their clan from the mother’s side of the husband through the process of traditional ceremonies, not allowed to live village or from the community environment. This penalty is given if not able to meet the fine of one buffalo. The writer’s suggestion is, firstly: the activeness of the adat leaders to teach and guide community to understand the values of adat law and the meaning of the ban of marriage semarga. Secondly: in the application of sanctions must be more assertive aimed to give effect jeragar people are afraid to violate the provisions of customary law one of them doing marriage as a family.Keywords: mandailing customary law, marriage of sunrnsi, adat sanction.
DAMPAK POLIGAMI TERHADAP PEMENUHAN HAK-HAK ISTRI YANG SAH PADA PERKAWINAN BERDASARKAN KOMPILASI HUKUM ISLAM Marisa Elsa; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Marriage has a very important and sacred meaning in human life and is a culturalpattern to control and shape the population of life in society. But today, marriage is oftenregarded as not sacred anymore. Because there are some people who use marriage for agood cause. such irregularities such as the men who do polygamy.Polygamy is basically not a bad thing, if done in accordance with the rules andguidance of religion. But most of today polygamy is used as a gap for the fulfillment ofirresponsible male desires and other personal interests. The act of polygamy certainly has agood effect for both men and women. in this thesis the authors wanted to raise about the lossreceived by the wife because it is not in full of the rights of the legal wife who has been inpolygamy by her husband.This thesis, the author will discuss about How is the view of Islamic law and positivelaw about the rights of the legal wife in polygamous marriage? And What are the effects ofthe unenforceability of legitimate wife rights in a polygamous marriage? In this thesis theauthors use research methods of sociological research can be grouped into researchobservational research by survey.The research that has been done in the field with the informant who is the legal wifeof polygamy can be concluded that most of the rights of legal wives that have been regulatedin legislation are in fact not fulfilled, so the concept of fairness in marriage polygamy will notexist if between rights and obligations are not filled with one another.Keywords: Impact - Polygamy marriage - Legitimate Wife Rights
Pelaksanaan Perlindungan Hukum Terhadap Anak Sebagai Pelaku Dan Korban Dalam Tindak Pidana Kesusilaan Di Wilayah Hukum Kepolisian Resor Kampar Adimas Bagus; Emilda Firdaus; Erdianto '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Human rights are basic rights that are inherently human, universal, and bestowed by God Almighty. In the protection of human rights, children are also included. A child is a person who is not yet 18 (eighteen) including a child still in the womb. Child protection efforts should begin as early as possible, but the reality is still often heard by the child being the perpetrator and the victim of decency. In Indonesia the government and the police function to make efforts to protect and improve the welfare of children. Based on data obtained from the polar kampar police, Kampar district occupies the first level of moral crime, especially children who commit criminal acts of decency, and the number of cases has always increased in the last three years. In this case relate to the protection of the child who is the perpetrator and the victim in criminal acts committed by the police of Kampar resort. Efforts are made to overcome obstacles from the Implementation of Legal Protection Against Children as perpetrators and Victims in criminal acts in the territory of Kampar Police Resort Law.This type of research can be classified in the type of sociological juridical research, because in this study the authors directly conduct research on the location or place studied to provide a complete and clear picture of the problem under study. This research was conducted in Kampar Village Resort Police Law whereas population and sample are all parties related to the problem studied in this research, data source used primary data, secondary data, and tertiary data, data collecting technique in this research is done by observation questionnaires, interviews, and literature review.From the results of research problems there are three main things that can be concluded. First, the implementation of legal protection for children as perpetrators and victims in criminal acts of decency, namely in the form of providing protection in accordance with child protection legislation. Second Implementation of Legal Protection Against Children as perpetrators and Victims in criminal acts in the territorial wards of Kampar Police Resort. The three obstacles in the implementation of legal protection of children as perpetrators and victims in criminal acts in the area of police law resort kampar. The writer's suggestion, firstly in providing legal protection of Kampar Resort Police especially PPA unit is expected to continue to maximize the interests of the child, either as the perpetrator or as the victim, so as not to disturbed the psychological of children experiencing legal process; Secondly, Legal protection of children as perpetrators and victims in legal territory The Kampar Resort Police must be carried out as a digression or discretion as soon as possible while the act can be forgiven. Third, the obstacles faced by the Kampar Police Force from the implementation of legal protection of children as perpetrators and victims there are 2 (two) factors that are internal factors and external factors that must be considered as much as possible.Keywords: Kampar District Police- Child Protection as Perpetrators and Victims - Criminal Acts of Decency
PERLINDUNGAN HUKUM TERHADAP PERAWAT YANG BEKERJA PADA MALAM HARI BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN Lidya Destyani; Hayatul Ismi; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Since Indonesia was founded, the people of Indonesia have realized that work is a basic need of citizens. One of the job opportunities is offered to people who have specialist knowledge especially nursing and work in hospital. In his consideration, the authors took place at Aulia Hospital Pekanbaru, the caregiver was male and female. They are not entitled to such rights as set forth in the Manpower Act and other government regulations relating to protection, in particular the rights to be obtained for male and female nurses working at night.The purpose of this research is First, the implementation of legal protection against nurses who work at night at Aulia Hospital Pekanbaru based on Law Number 13 Year 2003 About Manpower. Second, constraints and efforts faced by the parties in the implementation of legal protection against nurses who work at night in Aulia Hospital Pekanbaru. This type of research is sociological research. This research was conducted at Aulia Hospital Pekanbaru. The population is the nursing manager and contract nurse. The data used are primary data and secondary data. Data collection techniques are interviews, questionnaires and literature study.From the results of research there are two things that can be concluded. First, the implementation of the legal protection of nurses who work at night in Aulia Hospital Pekanbaru is still not fulfilled, namely the right to get food and drink, the right to get security during work, and the right available shuttle facility workers. Secondly, the efforts and obstacles to fulfill the right of nurse, Aulia Hospital Pekanbaru's obstacle is the lack of understanding of the regulation in Law Number 13 Year 2003 on manpower so as not to explain in detail the right of nurse, the nurse does not know the right what they should get at work. It should make an agreement that contains all the rights and obligations of both applied during the employment relationship, until the workers know all of their rights that should be earned while working and the employers know their duties and what they should do to give the nurse right.Key Words: Legal protection of nurses at night, male nurses and female nurses - Aulia Hospital Pekanbaru Pekanbaru

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