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INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 2,579 Documents
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KEDUDUKAN HUKUM REKOMENDASI DEWAN PERWAKILAN RAKYAT DAERAH DALAM PELAKSANAAN PEMBANGUNAN DI DAERAH BERDASARKAN UNDANG-UNDANG NOMOR 9 TAHUN 2015 PERUBAHAN KEDUA ATAS UNDANG-UNDANG NOMOR 23 TAHUN 2014 TENTANG PEMERINTAHAN DAERAH Alfhadri Maulana; Ikhsan '; Dessy Artina
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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Abstract

Local government administrators are Local Government and DPRD. In the framework of local governance that local government and DPRD together but in different duties and functions. The combination and duty of the local government together with the DPRD is a manifestation of the implementation of local government. So the local government with the DPRD should be able to function according to their respective duties so that the realization of good regional government and sustainable development of the region. In some instances, development in the regions is sometimes required by the legislature to be involved and strengthen the capacity to implement a development. Recommendations are also needed when identifiable obstacles or challenges that can not find a solution so that development becomes impeded.The type of research used in the writing of this law is a normative legal research that focuses on the principles by formulating legal principles, both from social data and from positive written legal data. While viewed from the nature of this research is descriptive. This study uses secondary data that is ready-made data.The result of this study is the recommendation of DPRD in the implementation of regional government is not an elaboration of the authority of DPRD oversight of local government. The DPRD recommendation in the regional development process is a constitutional convention in the administration of the State government. The DPRD recommendation in its implementation has two functions, namely the function of the requirements and the confirmation function. In the requirements function, recommendation is a requirement of issuing government decisions. In the confirmation function, the DPRD recommendation is merely an instrument of non-binding approval in the publication of government decisions.Keywords: recommendation of DPRD, local government.
IMPLEMENTASI PERKAWINAN SEDARAH PADA MASYARAKAT DESA SEROMBOU INDAH KECAMATAN RAMBAH HILIR KABUPATEN ROKAN HULU ', Suryani; Ismi, Hayatul; Bachtiar, Maryati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Abstract

Marriage is one of the most important events in human life. Indonesian people who still hold firm customs also know the term "Indigenous Marriage". Indigenous marriage is a very important event in the life of indigenous peoples, because the marriage is not only about the two brides, the two families, but also concerning the community even concerning the spirits of the ancestors of both sides. Regarding marriage is regulated in Law Number 1 Year 1974 About Marriage. Regarding the prohibition of marriage is regulated in Article 8 of the Act. The notion of inbreeding on indigenous peoples Serombou Indah Village, Rambah Hilir sub-district of Rokan Hulu, is different from the notion of inbreeding marriage contained in Article 8 of the Marriage Law. For the indigenous people of Serombou Indah Village which is said to be marriage of inbreeding that is marriage that happened between siblings, father's sister, sister of mother, sister of grandfather.In the village of Serombou Indah there are couples who marry inbreed according to custom. The author then raised the problem into the writing of this thesis. The problem found by the author is that there is an inbreeding between the couple with the initials R and D (initials). Marriage conducted by R and D has violated the custom, because according to the customary law of this area between R and D still have blood relation. The blood relationship between R and D is a brother with a third generation, who is legally prohibited from marriage.Keywords: Marriage, Custom, Marriage.
PERLINDUNGAN HUKUM TERHADAP WARTAWAN YANG MENGALAMI TINDAK PIDANA KEKERASAN DALAM MENJALANKAN TUGAS PROFESI Elfrida, Eisabet Sri; Indra, Mexsasai; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Abstract

The development of mass media today is growing rapidly to be accepted and consumed by the public, whether news that smells negative or positive. The press and mass media are also very supportive for the success of development and the achievement of a just and prosperous society based on Pancasila in addition to the facilities that support the implementation of other development.As for the problems in this research is the cause of violent crime against journalists who are carrying out duties and professions. The legal rules concerning violent crime committed against journalists who are carrying out their duties and profession and legal protection against journalists who are subjected to criminal acts of violence in carrying out duties according to the Criminal Code and Law No. 40 of 1999. This research includes research normative law, including research on the inventory of positive law, legal principles, clinical law research, systematic legislation, synchronization of a legislation, legal history and comparative law.Legal arrangements against journalists of criminal acts of violence in performing professional duties Article 28 of the 1945 Constitution. Law Number 40 Year 1999 concerning the Press. Law Number 39 Year 1999 on Human Rights. Causes of violence against journalists are Internal Factors, Weak Regulation, Changes in legislation, Incompetence of journalists, Standards competence of journalists against changes in the laws of the press. External factors. Perpetrator of Persecution Not Understanding Journalist is a Profession Protected by Law and Constitution. Journalists who do not work in accordance with journalistic code of ethics and Law no. 40 of 1999. Press companies that have not been total in defending journalists. Criminal law policy against journalists in performing professional duties, namely: Penal Penal path, namely by applying criminal law (criminal law application). Non Penal The non penal path is done in a way that is: prevention without punishment, including the imposition of administrative sanctions and criminal and civil sanctions. Affects the public's view of crime and mass media development (influencing views of society on crime and punishment).Keywords: Legal Protection, Journalist-Crime of Violence, -Executing Profession Duties
TINJAUAN YURIDIS KEDUDUKAN ANAK DALAM PERKAWINAN CAMPURAN DITINJAU DARI UNDANG-UNDANG NOMOR 12 TAHUN 2006 TENTANG KEWARGANEGARAAN Brison, Boris; Bachtiar, Maryati; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Abstract

Mixed marriage in Indonesia has been widely practiced in Indonesia. Marriage conducted between citizen and foreign citizen can bring legal effect to husband and wife who do the mixed marriage, both about citizenship of couples of citizen in this case married to foreigners. In civil law, it is known that man has a legal status since he was born, Article 2 of the Criminal Code provides an exception that a child still in the womb can be a legal subject if there is a desirable interest and is born alive. Man as subject of law means to have rights and obligations, as well as to children, children have authority in the status of property ownership in the household and have inheritance when the divorce arises from the marriage of both parents. With the many occurrences of mixed marriages in Indonesia, legal protection in mixed marriage and child protection in this mixed marriage should be well accommodated in Indonesian legislation.This type of research is normative legal research that focuses on the level of legal syncrosion with document studies on the position of marriage mixed children according to Law No.12 of 2006 on Citizenship, while if viewed from the nature of this research is descriptive. This study uses secondary data that is ready-made dataThe result of this research is the position of the child of mixed marriage products according to Law Number 12 Year 2006 regarding the Citizenship of the Republic of Indonesia that the child of the mixed marriage has the right to decide or to choose citizenship. The right is granted if it meets the requirements set after the age of 18 years. The provisions governing to elect citizenship to a child of mixed marriage shall be provided only to the child who is registered or registered at the Immigration Office. Factors that cause child custody in the case of divorce are in the father of foreign citizenship is the cause of divorce comes from Mother, father has more ability in financing life of child and child of its own who wants parenting is on your side.Keywords: child status, mixed marriage.
PENYELESAIAN PERKARA PERSELISIHAN DALAM RUMAH TANGGA SECARA PERADILAN ADAT DI GAMPONG SEUTUI KECAMATAN BAITURRAHMAN KOTA BANDA ACEH Rahman Saleh; Firdaus '; Hayatul Ismi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Abstract

In solving the problems that exist within the Gampong community, Keuchik as the supreme leader must coordinate with all officers of Gampong, Keuchik must also coordinate with the security and public order security (Babinkamtibmas) or the Community Police (Polmas). Coordination between the Gampong (Keuchik) Judiciary and Police officers is very much in line with the Community Police Partnership Forum (FKPM) program. In connection with the above description there are many cases of minor maltreatment that have been carried out peace efforts through customary institutions / justice as regulated in Qanun Aceh no. 9 of 2008.The purpose of this thesis writing is: First, To know the Stages of Settlement Case Disputes In Households by Traditional Court In Gampong Seutui Baiturrahman Sub-district City of Banda Aceh. Secondly, to know the existence of the settlement of cases of disputes within the household by customary court in Gampong Seutui Baiturrahman sub-district of Banda Aceh city has provided justice between the parties.The type of this research is sociological juridical research which means to review the condition of existing problems in the field is related to the applicable legal aspects and which regulate the problem.From the result of the research, it is concluded that Firstly, the stage of settling the case of disputes within the household by customary court in Gampong Seutui Baiturrahman Sub-district of Banda Aceh City is in the implementation of custom settlement there are stages or gradually in the process of settlement and there are customary sanctions provided by the community. The stage starts from the keuchik level, then, tuha peut, then the mukim as the final place of completion in adat. and the time given at all levels by the government is 1 month. And if the case is not resolved customarily then it will be taken by the competent authority to settle the matter legally in force. Second, the settlement of cases of disputes within the household by customary court in Gampong Seutui Baiturrahman Sub-district City of Banda Aceh Giving the justice between the parties is basically giving justice between the parties caused by the parties have taken the agreement to make the peace so that the agreement has given the legal certainty of both the victim who has been harmed and the perpetrator who must fulfill the agreement will not repeat his actions and if the perpetrators repeat it then there is a legal threat to be prosecuted under applicable law.Keywords: Settlement of Household Disputes, Traditional Court of Gampong
PERAN DEWAN KEAMANANPERSERIKATAN BANGSA-BANGSA DALAM PENYELESAIAN KASUS TINDAK PIDANA TERORISME ISIS (ISLAMIC STATE OF IRAQ AND SYRIA) Fioleta Putri Fakhni; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Abstract

Terrorism as a crime has expanded to cross country crime taking place in a country not only seen as the jurisdiction of a single the state but it can claimed including jurisdiction crimes more than one country.With progress then it could create conflicts jurisdiction that can interfere with intemational relations between countries in handle cases dangerous crimes. Isis ( islamic state of iraq and syria is an organization having the objective of establish the state islam.gerakan this the first time born in the middle eastern regions led by ashes two al-baghdadi.The purpose of campaign times this is conquer and uniting areas syria, iraq, egypt, lebanon, jordan, and israel of being a state unity under flag caliphate, an empire apply the law the faith in full in run the administration the state.This type of research can be classified in the type of normative research, because in this study the authors find data in books and legal journal of the problems studied. The nature of descriptive research with primary data sources, secondary data and tertiary data, while the population and sample are the parties in the cooperation agreement examined in this study. Data collection techniques are interviews and literature review.From the results of research problems there are two main things that can be concluded.First, International community on view of criminal acts of terrorism done isis had violated international law norms .Violation of human rights , imposition ideology and terror who break balance and peace .International law having the international community namely the state of being agreed that isis is a threat so that required resolusi-resolution at the security council pursue the united nations to crack down on terrorism movement isis, Second, The role of the un security council poured in resolution 2253 acting in a military fashion, and all kinds of a manner to remove terrorist group isis immediately, with the role of all member states the un security council and all state member the united nations and borders before controlled isis narrowed so as to make isis depressed.Keyword : Terrorist – ISIS – UN Security Council
ANALISIS YURIDIS PENGGUNAAN CESSIE UNTUK PENGAJUAN KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG (PKPU) DENGAN 1 (SATU) KREDITOR (STUDI KASUS TERHADAP PUTUSAN PENGADILAN NIAGA NOMOR 63/PKPU/2012/PN.NIAGA. JKT.PST. DAN PUTUSAN PENGADILAN NIAGA NOMOR 09/PAILIT/ Novalia Simamora; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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PKPU decision No. 63/ PKPU / 2012 / PN.Niaga.Jkt.Pst, the judge in its verdictacknowledges that the transfer of receivables (cessie) made by PT.Global (the applicant) toJohanes H.L.Thomas, although not preceded by civil events. Decision No. 09 / Bankrupt /2013 / PN.Niaga.Mdn, rejected the petition for bankruptcy filed by the petitioner because thejudge believes that the Cessie done by PT.TUM (the applicant) to Maswadi Yanto Ndey isconsidered invalid because it was not preceded by civil events prior to the transition accountsreceivable (cessie).The purpose of this research is first, to know whether to file Bankruptcy andSuspension of Payment Obligation (PKPU) with 1 (one) creditor. Second, how to obtainother creditors by using available legal institutions and tools and lastly to see if the cessiehas the legal power to get other creditors.This research uses the method used is normative juridical. This research method isdone by examining the existing library material that is more discussed about legalsystematics. The data used is secondary data, that is data supporting the information orsupporting the completeness of primary data obtained from library conducted by literaturestudy or literature. Data collection techniques that will be used in this research is by way oflibrary research and data analysis is done qualitatively normative ie the analysis usedwithout the use of numbers and statistics and mathematical formulation is presented in theform of description.The results of this research are first, based on Article 2 paragraph (1) of Law Number37 Year 2004 on Bankruptcy and Postponement of Debt Payment Obligations. The creditorcan not apply for Bankruptcy and Suspension of Debt Payment Obligation because it doesnot meet one of the requirements that the debtor has only 1 creditor only. Secondly, Cessie isa method of transferring and / or handling of receivables in the name set forth in Article 613of the Civil Code (KUH Perdata). The transition of receivables by means of this cessie thatcan be used as a creditor to get other creditors. Third, the government should make morespecific and detailed legal rules on the transfer of receivables in a cessie manner so that lawenforcement authorities can consistently apply the rule of law for the sake of justice for theparties concerned in PKPU.Keywords: Cessie-Bankruptcy-Legal Certainty
MEDIASI TERHADAP PENYELESAIAN SENGKETA HAK MILIK ATAS TANAH DI WILAYAH HUKUM PENGADILAN NEGERI BENGKALIS Irham, Muhammad; Bachtiar, Maryati; ', Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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The dispute settlement through mediation prioritizes the principles of deliberation to achieve consensus that is in harmony with the culture of the Indonesian nation, then it is proper that the mediation is applied maximally in every process of dispute settlement in court. Integrated mediation in the courts is a process of dispute settlement that must be taken as an instrument to reduce the burden of civil litigation in court, the active role of the parties in mediation with the help of a neutral mediator judge to achieve the peace process through simple mediation, fast and low cost. This study aims to gain clarity about the process of mediation in court which includes the stages of mediation and the effectiveness of the mediation in case reduction, the constraints faced by the courts and efforts to overcome them.The problems in this research are 1) How is the procedure of mediation to settlement of land ownership dispute in the District Court of Justice of Bengkalis based on Supreme Court Regulation Number 1 Year 2008 About Mediation Procedure in Court? 2) How is the effectiveness of the implementation of mediation in the settlement of land ownership disputes in the Legal District of Bengkalis District Court? 3) What are some barriers that occur in mediating the settlement of land ownership disputes in the Legal District of Bengkalis District Court? This research method uses Juridical Empirical approach. The location of this research was conducted in the jurisdiction of Bengkalis District Court. The population in this research is the Chairman of Bengkalis District Court, Bengkalis District Court Judge, Mediator. The data source of this research is primary data and secondary data by collecting data through interview, literature study. The data analysis technique used is qualitative.The general picture in this study is a description of the mediation concept in the Court, a picture of the mediation and a description of the settlement of land rights disputes. The description of the mediation concept in the court discusses the scope, objectives, principles, and mediation process, the Overview of mediation discussing the roles, functions, and tasks of mediators. A description of the settlement of land disputes addresses the settlement of land disputes through the Court and outside the Court.The process of conducting mediation in the courts includes stages of a general and non-detailed regulation commencing with the registration of a lawsuit by the party by paying court fees and determining the judge and summoning the parties, in the pre-mediation phase of the panel of judges explaining the mediation and proceeding with the judges' the mediation process of submitting a resume and receiving a peace option from a mediator judge and proceeding with a meeting or caucus session, the final stages of mediation result in a peace agreement or failure. The cause of the failure of mediation due to the limitations of mediators, facilities, and lack of support from the parties, the efforts undertaken in order to carry out mediation proceed effectively with the criteria of mediator judgment and the provision of space for mediation and peace options offered to the partiesKeywords: Mediation Engineering - Settlement - Land Rights – Mediator
Perbandingan Formulasi Tindak Pidana Judi Dalam Kitab Undang-Undang Hukum Pidana Di Indonesia Dengan Hukum Islam Sari, Wulan Kartika; ', Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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The Arrangements on Gambling are governed by Article 303 of the Criminal Code and Article 303 bis of the Criminal Code jo. Law of the Republic of Indonesia Number 7 Year 1974 regarding Gambling Control. The purpose of writing this thesis that is to know the setting of gambling, weaknesses and advantages of gambling arrangements in the Book of Criminal Law in Indonesia and in Islamic Law.The research methods in this research, First, the type of research is normative law and descriptive analysis. Second, data sources are supported by primary data sources, secondary data, and tertiary data. Third, data collection techniques used are literature review or documentary study. After the data collected then analyzed qualitatively, and draw conclusions with the deductive thinking method of analyzing the problem from the general shape to the special form.From the results of this study that the authors do can be concluded. The setting of gambling is not based on the philosophical, sociological and juridical values of Indonesian society. The Criminal Justice Code only specifies that what is meant by gambling whereas in Islamic Law the criminal act of gambling is subject to ta'zir punishment.Keywords: Arrangement-Gambling-Islamic Law.
Tanggung Jawab Pelaku Usaha Terhadap Kelebihan Berat Angkut Pada Angkutan Semen Padang PT. Dunia Usaha Kota Dumai Robby Derma; Hayatul Ismi; Riska Fitriani
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

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