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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 2,579 Documents
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PENCEGAHAN TINDAK PIDANA TERHADAP ANAK BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2014 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK OLEH KEPOLISIAN SEKTOR BANGKO PUSAKO ROKAN HILIR ', Almizan; Artina, Dessy; ', Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Implementation of child protection in the territorial waters of the Bangko Pusako Sector Police has not been maximally protection for children still the number of children who become victims of crime, in contrast to those already regulated in the Act. Therefore, the purpose of writing this thesis, namely: first, how the implementation of prevention of crime against children based on Law number 35 year 2014 about the amendment to Law number 23 year 2002 about child protection by Police Sector Bangko Pusako Rokan Hilir. Second, what are the obstacles in implementing prevention of crime against children based on Law number 35 year 2014 regarding the amendment to Law number 23 year 2002 concerning child protection by Police Sector of Bangko Pusako Rokan Hilir. This type of research can be classified in the type of sociological law research, because in this study the authors directly approach the way by looking in terms of legislation and the reality that looks at the object of research. The author conducted this research in the Police Sector Bangko Pusako. Population and sample of this research are Kapolsek Bangko Pusako, Reskrim Criminal Polsek Bangko Pusako, Victim's Parent and / or Victim's Legal Counsel. Sources of data used are: primary data and secondary data. Data collection techniques in this study with interviews, observation, and literature review. The conclusions obtained from the results of this study are first, the implementation of prevention of crime against children based on Law number 35 year 2014 on the amendment of Law number 23 year 2002 on child protection by Police Sector Bangko Pusako Rokan Hilir not fully in accordance with what expected by the community and the aspiration of the law because the efforts undertaken by the police have not been maximized and can not touch all levels of society as a whole. Second, obstacles in the implementation of prevention of crime against children based on Law number 35 year 2014 about the amendment of Law number 23 year 2002 concerning child protection by Police Sector of Bangko Pusako Rokan Hilir Sector ie society factor, facility factor and infrastructure, personnel and geographical factors.Keywords: Prevention-Crime-Against Child-Police Sector Bangko Pusako.
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
PENYELESAIAN SENGKETA TANAH ULAYAT KAUM OLEH MASYARAKAT ADAT DI NAGARI SUPAYANG KECAMATAN SALIMPAUNG KABUPATEN TANAH DATAR (SENGKETA TANAH KAUM DATUK TIANSO DAN KAUM DATUK CUMANO) Randy Prasetya; Firdaus '; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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The Republic of Indonesia is the State of Agriculture, the composition of the life of the people including the economy derived from the agriculture. As an agricultural country, of course the land problem is needed because of places of farming and gardening, as well as places of business, residence and also burial ground. If we discuss the land issue in West Sumatra, we can not help but worry about the Minangkabau Customary Law because the land is an inseparable part of the law itself.Inter-communal land dispute between peoples also experienced by indigenous peoples in Nagari Supayang Salimpaung Subdistrict Tanah Datarpersengketaan Regency is the struggle of treasure treasure that is the land of the house which resulted to the quarrel between the Datuk Cumano (Parikcancang Piliang) and Datuk Tianso (Suku Salo Caniago). This dispute that once stood a house, and the house was formerly controlled by Anwar Zen and his wife Liana, Anwar is a people of Datuk Rajo Penghulu Perak of Salo Caniago tribe, and Liana is a people of Datuk Cumano from tribe Parik cancan PiliangFirst, the purpose of the researcher is to write this thesis to find out the cause of the land disputes of ulayat by indigenous peoples in nagari supayang Salimpaung Subdistrict of Tanah Datar (case study of land dispute of Datuk Tianso and Datuk Cumano), How is the process of settling land disputes of customary land by indigenous peoples in nagari supayang Salimpaung District Tanah Datar (case study of land dispute of Datuk Tianso and Datuk CumanThis 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 under study in order to provide a comprehensive and clear picture of the problem.This research was conducted in Tanah Datar regency of West Sumatera Province, while population and sample were all parties related to the problem studied in this research. Data sources use primary data, secondary data, and tertiary data. In addition, the method of data collection in this study is to question through, interview and literature study. Suggestions should be given is expected to the head of the community / penghulu to further deepen the customs of Minangkabau especially in the settlement of the communal land disputes of the people because customary law is a law that lives in indigenous peoples and it is highly appreciated from the descend, in order to create peace between indigenous peoples in the Minangkabau.Keyword: Dispute Resolution - Culture - Hak Ulayat
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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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.
DAMPAK POLIGAMI TERHADAP PEMENUHAN HAK-HAK ISTRI YANG SAH PADA PERKAWINAN BERDASARKAN KOMPILASI HUKUM ISLAM Elsa, Marisa; Bachtiar, Maryati; Fitriani, Riska
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 PEMBAGIAN HARTA WARISAN MENURUT ADAT DI KENAGARIAN AIR TIRIS KABUPATEN KAMPAR Rahmat Rian Putra; Firdaus '; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Customary law is the original law of the Indonesian nation that comes from unwritten laws of law which grow and develop and is maintained with the consciousness of society because these rules are not written and grow and develop, the customary law has the ability to adjust and elastic. The legal system of inheritance of Islam is the legal system of inheritance which the execution and settlement of the estate when the heir dies. Upon entering the era of reform and post the second amendment of the 1945 Constitution of the State of the Republic of Indonesia hereinafter referred to as the 1945 Constitution of the Republic of Indonesia, the provisions governing customary law are regulated in Article 18B paragraph (2), Inheritance distribution of Kenagarian Water Water of Kampar Regency has many influences of the West Kalimantan Minangkabau customary law especially in terms of division of inheritance, from high inheritance and low inheritance which descends into maternal lineage (Matrilinial). Kenagarian Air Tiris stated that this custom which we believe is very fair especially in the distribution of inheritance that goes down to the women in the family. The distribution of indigenous peoples Kenagarian Air Tiris gives a sense of justice on the part of men is that the justice has been shaped into a customary law special adat law of matrilineal inheritance adhered to the indigenous people of Kenagarian Water Tiris. If they used to be the men of Kenagarian Air Tiris to feel unfair then they would make those changes in the inheritance law that leads to the female lineage.Keywords: Custom, Customary Law, Inheritance Law, Justice
PELAKSANAAN PERKAWINAN DENGAN WALI HAKIM DI KEPENGHULUAN SUAK TEMENGGUNG KECAMATAN PEKAITAN KABUPATEN ROKAN HILIRDITINJAU DARI HUKUM ISLAM Ningrum Susilawati; Hayatul Ismi; Ulfia Hasanah
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 judge's 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 judge's 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.
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/ 2013/PN.NIAGA.MDN.) 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
PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA PUNGUTAN LIAR YANG DILAKUKAN OLEH PEGAWAI NEGERI SIPIL DI KOTA PEKANBARU BERDASARKAN UNDANG-UNDANG NOMOR 20 TAHUN 2001 TENTANG PERUBAHAN ATAS UNDANG- UNDANG NOMOR 31 TAHUN 1999 TENTANG PEMBERANTASAN TINDAK PIDANA KORUPSI Debby Diannita Jaya; Erdianto '; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Illegal charges are those committed by a person or a Civil Servant or a State Official by requiring payment of an unsuitable amount of money based on regulations relating to the payment. This is often equated with extortion, fraud or corruption. In practice, Illegal charges have been regulated in Law No. 20 of 2001 on Amendment to Law Number 31 Year 1999 on Corruption Eradication. In reality, however, the crime of illegal levies is still prevalent in the various services performed by civil servants. One of them in the Department of Population and Civil Registration of Pekanbaru City. This illegal levy certainly required a very firm law enforcement to be overcome maximally. But the action of this Illegal charges still occur with various opportunities that exist. The problems and objectives to be discussed in this thesis is to know how the form of law enforcement against the perpetrators of illegal charges committed by civil servants in the city of Pekanbaru based on Law No. 20 of 2001 on the amendment of Law No. 31 of 1999 on the eradication criminal act of corruption.This type of research is sociological, 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 Town Police Department and Population and Civil Registration Office of Pekanbaru City, while 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 collection in this study with interviews, questionnaires and literature study.The result of the research can be concluded that Law Enforcement on illegal charges conducted by civil servants in Pekanbaru city has not run well and maximum. The constraints faced cause law enforcement of these illegal fees to be low and difficult to implement maximally. To overcome this problem, it is suggested to tighten the supervision on illegal fees and also to socialize to the public so that the public will be more understanding about the criminal sanction of Illegal charges.Kata kunci : Law Enforcement - Illegal Charges - Civil Servants - Corruption
EFEKTIVITAS PENYELESAIAN PERSELISIHAN PERBURUHAN HUBUNGAN INDUSTRIAL OLEH DINAS TENAGA KERJA DI KOTA PEKANBARU MELALUI MEDIASI ', Rosmaneli; Bachtiar, Maryati; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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The legislation in the labor-settlement process first applied in Indonesia is through Emergency Law No. 16 of 1951 on Labor Completion through Mediation. The law provides a decision in the form of a recommendation to the parties to the dispute. The manner in which labor disputes are settled in accordance with Law Number 22 Year 1957 concerning Settlement of Labor Disputes that hold on to the principle of consensus for consensus stand at the first stage, in the event of a dispute, the settlement shall be submitted to the disputing parties. The industrial relations cases that enter the Manpower Office in Pekanbaru City include demands for wage improvement, welfare, jamsostek membership, workers / labor union as well as termination of employment, industrial relations disputes ranging from normative demands such as minimum wage, leave status, work and overtime pay.The entire dispute above is an industrial relations dispute as defined in the provisions of Article 1 number I of Act No. 2 of 2004 concerning Industrial Relations Dispute Settlement provides a definition of Industrial Relations Disputes are disagreements that result in a conflict between employers or the combination of employers with workers / laborers or unions workers / labor unions due to disputes over rights, interest disputes, disputes over disputes, and disputes between trade unions / labor unions within a company.From the results of research problems there are two main things that can be concluded. First, the process of mediation in the Office of Manpower of Pekanbaru City, has not been effective because the number of cases coming into the Office of Manpower Pekanbaru as much as 779 from 2012-2016 can only be completed 331 cases from 2012-2016. This proves that the mediation carried out by the mediator in Pekanbaru City Manpower Office has not been effective in resolving industrial relations disputes in Pekanbaru City. Second, the obstacles experienced so inefficient and effective in the mediation session at Pekanbaru City Manpower Office is the difficulty of uniting the interests of both parties, the lack of mediators and the ability of each different mediator, as well as adequate courtroom facilities. Suggested authors: First, it is expected that the parties to the dispute, prefer the form of settlement of industrial relations disputes through non-litigation channels through mediation. Secondly, in the mediation session proceeded smoothly by the Municipal Labor Office of Pekanbaru City should provide a special room for mediation to ensure its effectiveness is maintained so that both parties can exchange thoughts to unify their two interests. So the mediator also easily decide the results of the trial that goes well.Keywords: Dispute - Relationship - Industrial - Labor

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