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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
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TINJAUAN YURIDIS TERHADAP PERLINDUNGAN KONSUMEN DALAM PENGGUNAAN JASA ANGKUTAN OJEK ONLINE Ridho Kurniawan; Firdaus '; Riska Fitriani
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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Law Number 8 Year 1999 Concerning Consumer Protection is the legal basis for the protection ofthe users of ojek online. Implementation of ojek transportation still there are some consumer rights thathave not been fully met by online motorcycle taxi drivers, s become one of the problems that have a majorimpact on consumer rights. Therefore, the purpose of writing this thesis, namely: First, know the legalprotection of consumers as users of ojek online transport services, Secondly, knowing government efforts toprovide legal protection to consumers as users of ojek online transport services.Type of research This research can be classified into the type of sociological juridical research is astudy of secondary data in the form of legislation, as well as the results of research law scholars, such asbooks related to the subject. This research was conducted in Pekanbaru City, Riau. Population and samplesare Head of Department of Transportation Pekanbaru City, Head of Department of Investment andIntegrated Service One Pekanbaru, Staff Go-Jek Pekanbaru, Online motorcycle taxi driver Pekanbaru Cityand Consumer ojek online Pekanbaru City. Sources of data used are primary data and secondary data. Datacollection techniques in this study with interviews, questionnaires and literature review.The conclusions can be obtained from the results of research is First, Implementation of Law No. 8of 1999 on Consumer Protection has not been in overall as there are still some consumer rights that havenot been fully met by online motorcycle taxi drivers. Secondly, the government's effort to provide legalprotection to consumers as the users of ojek transportation services online, there are two, namely thegovernment's effort in the short term that is to socialize the importance of using mass transit so as to attractpeople who have been using private vehicles and conduct supervision. Second, the government's long-termeffort to create new regulations on online motorcycle taxis and revise the Law on Traffic and RoadTransport. Suggestion writer, so that the government immediately issued legislation concerning motorcycletaxi online or revise the existing rules about the legality of motorcycle taxi online. Then it is expected to themanagement of motorcycle taxi online to pay more attention and increase responsibility for the use of onlinemotorcycle taxi services, so as to provide a sense of security, and comfortable for both consumers anddrivers who serve consumers.Keywords: Transportation Service-Transpotasi Ojek Online-Pekanbaru
PENEGAKAN HUKUM TERHADAP KENDARAAN BERMOTOR ANGKUTAN BARANG MENGENAI TATA CARA PEMUATAN DAYA ANGKUT DAN DIMENSI KENDARAAN BERDASARKAN UNDANG- UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN DI KOTA PEKANBARU Abdillah, Muhammad Fadil; Indra, Mexsasai; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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The presence of large-dimensional vehicles and large capacity is a factor causing road damage and high fasalitas for road users in Pekanbaru City. The obligation to comply with the provisions of goods shall be regulated in Article 169 paragraph (1) of Law Number 22 Year 2009 regarding LLAJ which reads "The Driver and / or Public Transport Company must comply with the provisions on loading procedures, transportation capacity, vehicle dimension and road class, large tonnage in violation of the hauling procedure is very disturbing to the public.The rise of violation of cargo goods that occurred in Pekanbaru City is not free from the law enforcement process that has not been optimal, therefore the law enforcement of motor vehicle goods that are not in accordance with the provisions must be optimized to realize legal certainty and public comfort.The purpose of writing this thesis, namely: First, To know the law enforcement of vehicle freight knowing the procedure of loading and transporting vehicle dimensions based on Law no. 22 Year 2009 About LLAJ in Pekanbaru City. Second, To know the obstacles in law enforcement of motor vehicle freight in general. Third, To know the efforts made in the law enforcement of motor vehicle freight in general.This type of research can be categorized in the type of sociological research. The research location is Pekanbaru City. Sources of data used are primary data and secondary data. Data collection techniques are interviews and literature study using deductive methods that draw conclusions from things that are general to things that are special.From the research results can be concluded. First, the enforcement of motor vehicle law in Pekanbaru City has not been proven optimally with high freight cost. Secondly, lack of optimization of law enforcement caused by obstacles such as limited authority of PPNS Dinas Perhubungan, lack of regulations on limitation of freight rates, corruption, lack of coordination of authorized institutions, minimal facilities and facilities, absence of storage warehouse, lack of awareness of drivers and cultural factors. Third, motor vehicle law enforcement efforts in Pekanbaru City include the stipulation of regulation concerning limitation of public transportation tariff and strengthening of authority of Transportation Department Vehicle, personnel skill improvement, budget improvement for provision of weighing tool and improvement of facilities and socialization and law enforcement to increase awareness about traffic safety .Keywords: Law Enforcement-Motor Vehicle Transportatio-Procedures for Vehicle Resilience and Dimensions of Motor Vehicle Law No 22 Year 2009 About LLAJ-Pekanbaru City
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
IMPLEMENTASI TANGGUNG JAWAB PELAKU USAHA TERHADAP PENJUALAN SEPATU BERMEREK PALSU DI KECAMATAN TAMPAN KOTA PEKANBARU Desi Muzdalifah; Firdaus '; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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In addition to copyright and patents, trademark rights has also become a part of the intellectual property rights that must be protected from the legal aspect. Not Maximum efforts are made to reduce violations of the brand led to the present distribution of the goods of violations still occur. Traders itself has continued to trade in fake goods by using well-known brands such as Nike, Adidas, Bilabong, Ripcurl, channel and much more.In the world of trade, the brand as one form of intellectual property has an important role has been used to distinguish the origin of goods and services. A brand becomes a valuable asset because it make the price of a product expensive.Sales of fake designer goods is licensee of the mark concerned may sue the other party who intentionally use the brand to earn greater profits by using the brand without permission owner of the mark.The research method is that the yuridict sociological law research and data collection is done by searching for information based on the questionnaires, interview and review of literature which it aims.Keywords : famous brands, counterfeit brands, consumer protection.
PERLINDUNGAN KONSUMEN ATAS PENJAMINAN MUTU MAKANAN LONTONG PLASTIK YANG BEREDAR DI PASARAN DITINJAU DARI UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN DI KECAMATAN TAMPAN Dedek Suci Andriani; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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One of the products of technological sophistication is plastic packaging,packaging often used by business actors to pack food. The advantages of plasticpackaging itself is impressed practical, simple, and clean. However, the actual plasticpackaging can endanger health if used in hot temperatures is to pack lontong whoparticipated in the manufacturing process (boiling / steaming). This is very consumerhealth and has violated Article 4 Letter (a) Law Number 8 Year 1999 on ConsumerProtection namely: Right to comfort, safety, and safety in consuming goods andservices. The purpose of writing this thesis, namely: First, consumer protectionplastic food lontong in Kecamatan Tampan. Secondly, the responsibility of businessactors selling plastic lontong food based on Law Number 8 of 1999 on ConsumerProtection.This type of research can be classified in the type of sociological research,because in this study the authors directly conduct research spaciousness. Researchlocation and population along with samples in this writing is on Consumer, andLontong Plastic Food Seller in Kecamatan Tampan Pekanbaru City. The data sourcesconsist of primary data and secondary data, data collecting technique throughinterview and distributing questionnaires to consumers as respondents andDiscussion to Central Supervisor of Drugs and Food as practitioners in the field.From the results of research problems there are two main things that can beconcluded. First, the Consumer Protection of plastic lontong food in KecamatanTampan, that consumers are not aware of any harm or impact of consuming plasticlontong food, with the fact that consumers' knowledge of their rights protected by lawis still lacking. Second, the responsibility of the seller of lontong food seller businesspursuant to Law Number 8 Year 1999 concerning Consumer Protection for damage,pollution, or consumer loss due to consuming goods and services. Suggestion,consumers are expected to be more independent and can protect themselves from theexistence of things that can harm consumers. Better business people selling lontongfood better cook lontong by using banana leaves or ketupat. Besides, it is expectedthat the development and training of consumers and supervision of the SupervisoryAgency for Drugs and Food on consumers of business actors who have harmed theconsumers.Keywords: Consumer Protection, Plastic Lontong Food
PERTANGGUNGJAWABAN PENYIDIK KEPOLISIAN REPUBLIK INDONESIA DALAM TINDAKAN SALAH PENANGKAPAN TERHADAP PELAKU TINDAK PIDANA DALAM HUKUM PIDANA INDONESIA Manurung, Indah Rezeki; Effendi, Erdianto; ', Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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One of the arrests is the mistake or negligence of the investigator indetermining the offender. The phenomenon of cases of wrongful catch is evidenceof weak performance of law enforcement officers and this should be accounted forreferring to the professionalism as law enforcement.This type of research can be classified with the type of normative juridicalresearch, because in this study the authors directly synchronize the law by usingthe normative approach focused on library research. This study analyzes thelegislation concerning the accountability of Polri investigators who have miscaughtwhen carrying out the duties and the cause of the wrong action of arrestby the investigator.From the results of this study there are some things that concluded theauthor. First, the occurrence of the victim of the arrest due to the lack ofunderstanding and the implementation of the investigator against the principle ofpresumption of innocence and the Criminal Procedure Code, the investigator usesa way contrary to the law to investigate the suspect by force or use violence toobtain information and recognition of the suspect, making BAP is far from actualthis matter may be punished and prosecuted in pre-trial shall be imposed withArticle 52, Article 333, Article 334, Article 351 of the Criminal Code. Secondly,the responsibility of the police investigator is divided into two, namely thematerial responsibility, namely the sanction of apology and the immaterialresponsibility, namely the sanction in the form of the obligation of re-education inthe institution of the police education.Keywords: Accountability - Investigators - False Arrest
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
PENGAWASAN DINAS KESEHATAN PEMERINTAH KOTA PEKANBARU TERHADAP KUALITAS AIR MINUM USAHA DEPOT AIR MINUM ISI ULANG BERDASARKAN PERATURAN MENTERI KESEHATAN NOMOR 736/MENKES/PER/IV/2010 Octavianti, Bella; Firdaus, Emilda; Artina, Dessy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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The development of refill drinking water depots is growing very rapidly can be seen from its existence everywhere. Refill drinking water is very attractive to the public because the price is relatively cheap and easy to obtain. But it is very unfortunate by the public less concerned with the quality of drinking water consumed is what it meets the quality standards that have been set in accordance with the number 492 / MENKES / PER / IV / 2010 on Water Quality Requirements. The purpose of writing this thesis, namely; Firstly, to know the form of supervision of Pekanbaru City Health Office on drinking water quality of refill drinking water depot, Secondly, To know the obstacle factor from the implementation of supervision of Pekanbaru City Health Office, Third, To know the public policy of future supervision by Pekanbaru City Health Office. This type of research can be classified with the type of sociological juridical 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 problem under study. This research was conducted at Pekanbaru City Health Office, while population and sample were all parties related to the problem studied in this research, data source used, primary data, secondary data. Data collection techniques in this study with interviews, literature review, and data analysis.From the results of research problems there are two main things that canbe concluded. First, the productivity of Pekanbaru City Health Office in supervising the quality of drinking water to the business of drinking water refill depot can be said not yet successful. This is the existence of the targets that have been set Pekanbaru City Health Office has not reached the maximum. Secondly, the lack of socialization between Dinas Kesehatan and business practitioners of refill drinking water depots and the community about drinking water drinking society is regulated in Kepmenkes. 492 / MENKES / PER / IV / 2010. Suggestion Writer, First, In order to increase the productivity of Pekanbaru City Health Office to be able to identify the refill drinking water depot that has not been checked the water quality by way of water test in the laboratory provided by the Health Department, Secondly, To improve and add employees in conducting quality control Drinking water refill drinking water depot, Third, To improve the performance of Pekanbaru City Health Office in supervision of water quality refill drinking water depot, then Pekanbaru Municipal Health Office must provide funds budget support activities on supervision of drinking water refill depor. All this time the container is the entrepreneurs refill drinking water depot.Keywords: Supervision – Sanctions – Drinking Water Depots
PELAKSANAAN PERKAWINAN DENGAN WALI HAKIM DI KEPENGHULUAN SUAK TEMENGGUNG KECAMATAN PEKAITAN KABUPATEN ROKAN HILIRDITINJAU DARI HUKUM ISLAM Susilawati, Ningrum; Ismi, Hayatul; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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The law of marriage in Religion of Islam has a very important provision, therefore the rules concerning marriage are arranged and explained clearly and in detail. Islamic Marriage Law is basically not only regulate the practice of marriage but also regulate all issues closely related to marriage. The marriage procedure in Indonesia is categorized differently from one to the other because in Indonesia it recognizes the existence of various religions and beliefs, which are different.Marriage is a sacred part of life, because it must pay attention to norms and rules of life in society. According to the provisions of Article 2 paragraph (1) of Law Number 1 Year 1974 that a marriage is considered valid if done according to religion and belief and recorded by authorized officials. In Indonesia, marriage regulations For Muslims are set out in detail in the Compilation of Islamic Law on get alon and the terms of marriage that must be met and between one with others should not be left behind. One of them is about the guardian in marriage. If the guardian of the nasab is still in place and there is no obstacle whatsoever then he must marry the bride in order of position of guardianship arranged in Articles 21,22 and 23 KHI.The problems that the authors make the basis of the research is How the implementation of marriage with the judges guardian in Kepenghuluan Suak Temenggung, What factors cause the implementation of marriage with the guardian judges in Kepenghuluan Suak Temenggung and what is the result of marriage with judges in Kepenghuluan Suak Temenggung Pekaitan District Rokan Hilir Regency reviewed of Islamic law. The research method used is descriptive sociological juridical. Source of data used in this research that comes from primary and secondary data. Data analysis uses qualitative data analysis and draw conclusions with deductive methods. The results of this study indicate that: first, marriage is done with the judges guardian at the time the wali nasab is in place and without any obstacle to marrying the bride. Second, the factors causing the marriage with judges are due to customary factors, inability to pronounce lafaz marriage contract, religious factors, educational factors, and lack of socialization from the relevant agencies. As a result of the implementation of this marriage is the unfulfillance of the get alon and marriage conditions in accordance with Articles 21, 22 and 23 KHI, not achieving Article 2 of the UUP, marriage can be canceled and become a habit in the community kepenghuluan Suak Temenggung. According to the authors, people who have the right of guardianship in a marriage exercise should be better able and understand in using the right of guardianship because the role of the guardian determines the validity of a marriage implementation.Keywords: Implementation - Marriage - guardian of judges - Kepenghuluan Suak Temenggung
KEKUATAN ALAT BUKTI KETERANGAN SAKSI YANG MEMILIKI HUBUNGAN DARAH DENGAN TERDAKWA DALAM PROSES PEMBUKTIAN DI PENGADILAN SARI, APRI MONA; ', Erdianto; ', Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Proofing process in the trial is passed by a process of examination of evidence of witness testimony. In this case, the researcher wants to know the verification process of Decision Number 106 / Pid.B / 2013 / PN.Pbr, then Decision Number 272 / Pid.Sus / 2017 / PN.Pbr, and Decision Number 451 / Pid.Sus / 2017 / PN.Pbr, because in some of these verdicts the witness is someone who has a blood relationship with the defendant. However, in Decision Number 46 / Pid.Sus / 2013 / PN.SLW witness who has a blood relationship with the defendant can not be presented as a witness in court due to having a blood relationship with the defendant. The type of this research is normative juridical that is to analyze the provisions rather than the legislation seen from the decisions by the judge, using secondary data obtained from primary law material, secondary law material and tertiary legal material. Data collection techniques for legal research is used literature review method and data analysis used deductive analysis, which is drawing the conclusions of the general arguments to the arguments of a special nature.It can be concluded based on the formulation of the problem of the first researcher, the evidentiary process of witness testimony that has blood relation with the defendant is not all criminal acts are allowed for witnesses who have blood relation giving testimony in the hearing, the setting of witnesses is also unclear and has no legal certainty. Secondly, the basis of the judge's consideration in deciding on the evidence of witness testimony that has a blood relation with the defendant in this proofing process is that of the decision number 106 / Pid.B / 2013 / PN.PBR, 272 / Pid.Sus / 2017 /PN.PBR, and verdict number: 451 / Pid.Sus / 2017 / PN.PBR provides consideration for witnesses who have a blood relationship, and in the decision number: 46 / Pid.Sus / 2013 / PN.SLW for witnesses who have a relationship blood can not be filed as a witness in court for violating Article 168 of the Criminal Procedure Code, in which the witness having blood relation is presented as a lightening witness to the defendant. The first author's suggestion should be to authorized officials to make the law more thorough in its manufacture. More systematic preparation, let alone related to the problem of the witness should be arranged more fully and clearly. Second, crimes committed within the family should be resolved in a familial way, if it is still possible to settle with the family itself rather than finally through legal proceedings in court.Keywords: Proof Process Description of Witness Having Blood Relation with Defendant - Legal Certainty.

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