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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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PERLINDUNGAN HUKUM HAK KOMUNITAS MASYARAKAT ADAT (STUDI PERLINDUNGAN RIMBA LARANGAN MASYARAKAT ADAT RUMBIO KAMPAR Sari, Dwi Mutia; ', Firdaus; ', Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Customary law is part of the law which is derived from the customs, ie social rules that are created and maintained by the legal functionaries and intended to regulate legal relations in a society and have sanctions. The 1945 Constitution of Indonesia concerning on customary law has stipulated in Article 18B paragraph (2), the article states that "The State recognises and respects traditional communities along with their traditional customary rights as long as these remain in existence and are in accordance with the societal development and the principles of the Unitary State of the Republic of Indonesia, and shall be regulated by law". Besides of being protected in the constitution, protection of the rights of indigenous peoples is also regulated in several laws. Rimba larangan is the source of life for the Rumbio indigenous people, and its utilization is done hereditary. The existence of customary forests determines the social economy of the Rumbio community. Recognition is the basic fundamental needed by indigenous peoples to secure the rights of indigenous peoples. The purposes of the author of this thesis, namely: First, To find out why the Rimba Larangan as the rights of Rumbio indigenous peoples not get the recognition from the state. Secondly, to know the mechanism of protecting the rights of indigenous peoples of Rumbio towards Rimba Larangan. Thirdly, to know the efforts to be made so that the rights of indigenous peoples of Rumbio to the Rimba Larangan gain recognition from the state. This 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 comprehensive and clear picture of the problem. This research conducted at Rimba Larangan Adat Rumbio Kampar Regency, while population and sample are all parties related to the problem studied in this research. The source of data using primary data, secondary data, and tertiary data. In addition, the methods of data collection in this research are by questioning through questioner, interviewing and literature studies. From the result of the research, it can be concluded that, there is a dissonance and no harmonization of the Law and Regulation related to the definition of customary forest and indigenous people, The Government considered less attention to the aspirations of indigenous peoples related to the recognition of indigenous peoples' rights toward Rimba Larangan also have to form the cooperation between indigenous and the government in terms of recognition and protection of the rights of indigenous communities. Suggestions to be given are that indigenous peoples should filed a petition in accordance with procedures which has regulated by the law and Government as a bridge to realize the aspirations of the community should provide socialization and knowledge of the Legislation Regulation related to the rights of indigenous peoples. Keywords: Legal Protection - Community Rights - Indigenous Peoples - Rimba Larangan
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
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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
PELAKSANAAN PUTUSAN HAKIM YANG TELAH BERKEKUATAN HUKUM TETAP ATAS PENGEMBALIAN BARANG BUKTI DI KEJAKSAAN NEGERI INDRAGIRI HULU Setio, Heri Anjar; Indra, Mexsasai; , Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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The AGO is not only in charge of prosecution, but also as executor of the judges decision which has obtained permanent legal force, as regulated in Article 270 of the Criminal Procedure Code which appoints the prosecutor as the executor of the court decision. Therefore the Public Prosecutors Office Indragiri Hulu in addition to the prosecution of criminal acts, also focused on the evidence that has been picked on the content of court decisions. Which is known in terms of execution of judicial decisions by judges about the evidence is so under-emphasized because in the case of the trial, the defendant in the case of the criminal act is focused. Judging from its authority, the prosecutors office has the right in returning the evidence which has been listed by the judge in the execution of the court decision whether it belongs to the defendant or the victim, judging from the storage place of the evidenced so much, the writer is interested to examine the execution of the judges verdict which has the permanent legal force for the return of evidence at the Indragiri Hulu State Prosecutor Office.The researcher wants to study and answer the problem of how the execution of the judges decision which has the permanent legal force over the return of the evidence? as well as the barriers that occur in the implementation of the return of evidence that has obtained legal force remains? and also how the efforts undertaken in overcoming the barrier of return of evidence that has obtained legal force remains?The method that writer use is by method of sociological approach with collecting data as follows: literature study, document study, and interview.The results of the study and discussion can be concluded that the judge made a letter of passage of the verdict, the decisions came out 1 week after the verdict was read by the judge. The petition of the verdict is then granted to the prosecutor for the prosecutor to prepare the minutes of the judges determination (BA-6) and make the report of the evidence-taking event (BA-20), then (BA-6) and (BA-20) awarded to the defendant or party which is mentioned in the contents of the decisions made by the judge, because the minutes of the proceedings constitute notification of the collection of evidence as stated in the contents of the decision in the Prosecution or RUPBASAN. Constraints in the implementation of the return of evidence by the prosecutor that the lack of clarity of the address to the owner of the evidence, the vehicle is still a credit, and the period of return of evidence has not been set in concrete causing the storage space of evidence becomes full, Suggestion case author who has received the decision of Inkracht Prosecutor the executor of the judges verdict shall promptly return the evidence to the person mentioned in the content of the decision or those who are entitled in accordance with the laws governing it. As well as the addition and renewal of infrastructure to minimize the accumulation of evidence at the AGO and RUPBASAN.Keywords: Procurator - Goods Proven - Judges Decision
PENYELESAIAN PERKARA PERSELISIHAN DALAM RUMAH TANGGA SECARA PERADILAN ADAT DI GAMPONG SEUTUI KECAMATAN BAITURRAHMAN KOTA BANDA ACEH Saleh, Rahman; ', Firdaus; Ismi, Hayatul
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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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
AKIBAT HUKUM PERCERAIAN TERHADAP PEMBAGIAN HARTA BERSAMA BERDASARKAN KOMPILASI HUKUM ISLAM DI (KELURAHAN TANAH TINGGI, KECAMATAN TAPUNG HILIR, KABUPATEN KAMPAR ) Frizka Lystari Limbong; Hayatul Ismi; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Man is a creation of God who has various needs in his life and every manwould want fulfillment of his needs properly to be able to live as a perfect human,both individually and as part of the community. Marriage is a necessity of life forall humanity, from ancient times until now. Because marriage is an actual issue totalk about within and outside the legal arena. From marriage there will be a legalrelationship between husband and wife and then with the birth of children,resulting in a legal relationship between parents and their children. Frommarriage they have property, and there will be a legal relationship between themwith the property.In the division of joint property as a result of divorce the Compilation ofIslamic Law also explains in Article 97 KHI which says that the widow ordivorced divorce each shall be entitled to equal to the common property as longas no other specified in the marriage agreement. Unlike the case in the communityprecisely in Kelurahan Tanah Tinggi, Tapung Hilir District, Kampar Districtwhich is the author's research area, where the author finds the problem, wherethe problem is different from the provisions that should apply. In this case foundthe case that a widow does not get her right in terms of sharing of joint propertyafter divorce with her husband.Budi's son got part of Palm Oil Plantation, and his daughter love to getpart 1 Unit Rumah .. While the wife did not get part of the marriage property.Seeing the above reality, the writer considers it is a problem that needs to bestudied and got a legal solution. Therefore, the authors are interested to conductresearch titled Due to Divorce Law on the Division of Joint Treasure Based onthe Compilation of Islamic Law.Keywords : Divorce-Division of Joint Treasure-Compilation of Islamic Law
PENEGAKAN HUKUM TERHADAP PUNGUTAN LIAR YANG DILAKUKAN OLEH PEGAWAI NEGERI SIPIL DINAS KEHUTANAN PROVINSI RIAU OLEH TIM SAPU BERSIH PUNGUTAN LIAR POLISI DAERAH RIAU Malynda '; Erdianto '; Ferawati '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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One form of corruption that often happens in everyday life is illegal levies.This also occurs in the realm of the Forestry Service, Civil Service Official of theForestry Service which in this case performs illegal levies is a member of forestpolice officers where forestry police are supposed to carry out their positions inaccordance with the power of law but instead perform actions that harm thepublic by abusing their power. In Indonesia, illegal levies are one of the forms ofcorruption crimes set out in Article 12 of Law Number 20 Year 2001 concerningthe Eradication of Criminal Acts of Corruption of Amendment of Law Number 31Year 1999 on Corruption, the article regulating the threat of sanctions that can beimposed against perpetrators of illegal punishment. But of course the regulationon sanctions alone is not enough to eradicate illegal pungli. Therefore, in order tofurther enforce the law related to illegal levies, the Government issuedPresidential Regulation No. 87 of 2016 on the Task Unit of Clean Sweep of IllegalDrawing. However, the dilemma itself for the team clean sweep illegal Polda Riauwhere efforts to enforce the law against illegal perpetrators because it does notexplain the nominal amount of levies that can be snared into Article 12 letter eLaw Number 20 Year 2001 on Corruption Eradication Corruption Act - LawNumber 31 Year 1999 on Corruption. The purpose of writing this thesis, namely;First, To know law enforcement against Civil Service Officer of Forestry Serviceof Riau Province who do illegal levies. Second, To know the legal issues thatoccur in law enforcement against Civil Service Officer Riau Forestry Servicewhich do illegal levies.From the results of research problems there are two main things that canbe concluded. Firstly, law enforcement by the Clean Sweep Team of Riau DistrictPolice Charges on Civil Service Officials of Riau Province Forestry Service whoimpose illegal levies is influenced by law enforcement factors. Secondly, the legalissue that occurs in the process of law enforcement against illegal levies by CivilService Officers of Riau Province Forestry Service is the complexity of problemsexperienced by law enforcers themselves where there is no reference to thenumber of illegal levies that can be categorized as illegal fees. This makes adilemma if there are illegal fees that have been considered to have a smallnominal, but if the transaction is often done then the nominal amount to be largeas well.Keywords : criminal act - illegal levies - law enforcement.
IMPLEMENTASI PERKAWINAN SEDARAH PADA MASYARAKAT DESA SEROMBOU INDAH KECAMATAN RAMBAH HILIR KABUPATEN ROKAN HULU Suryani '; Hayatul Ismi; Maryati Bachtiar
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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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.
MEDIASI TERHADAP PENYELESAIAN SENGKETA HAK MILIK ATAS TANAH DI WILAYAH HUKUM PENGADILAN NEGERI BENGKALIS Muhammad Irham; Maryati Bachtiar; 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
TINJAUAN YURIDIS TERHADAP PEMBAGIAN KEWENANGAN PRESIDEN DAN WAKIL PRESIDEN DALAM SISTEM KETATANEGARAAN REPUBLIK INDONESIA Andry Hernandes; Mexsasai Indra; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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President is the executive in charge of government administration. In carryingout his duties the President is assisted by a Vice President. The position of thePresident and Vice President is in a balanced position because it is pronounced inone breath on the constitution which has prevailed in Indonesia. However, on theconstitution, the position of the Vice President as auxiliary to the President is notclearly regulated on his duties and authorities. The purpose of writing this thesis,namely: First, the division of the authority of the President and Vice President on theconstitutional system of the Republic of Indonesia, Second, the ideal arrangementrelated to the division of authority President and Vice President the Republic ofIndonesia in the future.This type of research can be classified in normative research that is researchthat discusses the principles of law, legal system, legal synchronization level, legalhistory and comparison of law.From the research results of the problem there are two main things can beconcluded. First, the President is accompanied by the Vice President in an equalposition in the constitutional structure of the Republic of Indonesia; Second, Incarrying out governmental duties in the executive field, the duties and authoritiesobtained by the President derive from the constitution, while the duties andauthorities of the Vice President are obtained from a joint agreement between thePresident and Vice President. Suggestion Writer, Firstly, Should be madeimprovements to the position of Vice President on the constitutional structure of theRepublic of Indonesia, with the aim to be more clearly related to the flow ofcoordination and communication, especially in the field of executive power. Second,the 1945 Constitution of the State of the Republic of Indonesia should be amended inrelation to the division of authority of the President and Vice President, affirming theposition of the Vice President in the constitutional structure of the Republic ofIndonesia, making the Law on the Presidential Institution as the exercise.Keywords: President - Vice President – Authority
ANALISIS YURIDIS TERHADAP PENYELESAIAN GUGATAN SEDERHANA DI WILAYAH HUKUM PENGADILAN NEGERI PEKANBARU Rizkiyah Putri Zonia; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Regulation of the Supreme Court (PERMA) No. 2 Year 2015 on Procedures for Settlement of Simple Claims, PERMA is referred to as the milestone of "small claim court". A simple lawsuit is a civil suit with a $ 200,000,000.00 (two hundred million rupiah) lawsuit filed with a simple procedure and verification. The settlement of a simple lawsuit can only be used for breach of contract (wanprestasi) and / or Unlawful (PMH). The formulation of the problem, how the settlement of a simple lawsuit in the jurisdiction of the new district court under Supreme Court Regulation No. 2 of 2015 on the Procedures for Settlement of Simple Claims. What is the legal effect of a simple lawsuit on Decision Number. 01 / PDT.G.S / 16 / PN.Pbr in Pekanbaru District Court.The purpose of this research is to know the settlement of the Simple Lawsuit in Jurisdiction of Pekanbaru District Court based on Supreme Court Regulation Number 2 Year 2015 on Procedure of Settlement of Simple Claim. To know the legal effect of a simple lawsuit on Decision Number. 01 / PDT.G.S / 16 / PN.Pbr in Pekanbaru District Court. This type of research is normative that is a study that discusses the principles of law is based on applicable legislation by prioritizing library materials and its implementation in practice.Conclusion The Settlement of Simple Lawsuit in Pekanbaru District Court of Justice pursuant to PERMA Number 2 Year 2015 on Procedure of Settlement of Simple Claim in theory has fulfilled the requirement, but in practice there are some discrepancies. The time given by PERMA Number 2 Year 2015 to give notice of decision to the parties shall be 2 (two) working days after the decision is made or after the decision notification, this opens the possibility of overlapping with Article 5 Paragraph (3) which emphasizes that the settlement of the lawsuit simple 25 (twenty five) working days from the day of the first hearing. The defendant objected through the specified time due to the notice of the verdict which also passed from the specified time. This can be seen in the case implementation process with the verdict Number. 01 / Pdt.G.S / 2016 /Pn.Pbr Plaintiff Nurlelawati Boru Sinulingga with defendant Abdul Kadir.The legal consequences of a simple lawsuit on Decision Number. 01 / PDT.G.S / 2016 / PN.Pbr in the Pekanbaru District Court is final and binding after being adjudicated / comparison of the foreclosure determination by the bailiff can be executed in accordance with the applicable provisions. And punish the defendant to immediately settle all his debts of Rp.100,000,000.00 (one hundred million rupiah) to the plaintiff; and punishes the defendant to pay the case fee up to this date of Rp.2.362.000,00 (two million three hundred sixty two thousand rupiahs); reject the plaintiff's claim other than and beyond.Keywords: Simple Claim, Plaintiff and Defendant

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