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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
 85   86   87   88   89 
Analisis Terhadap Kepemimpinan Perempuan Ditinjau Dalam Perspektif Hukum Islam Muhammad Arba’in; Emilda Firdaus; 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

Female leadership in the perspective of Islamic law is a controversial issue among Muslims. Some scholars see that religion (Islam) forbids women from becoming leaders, the reason being that the text of the verses of Al-Qur'an and Al-Hadist explicitly state such a ban. But some scholars hold the opposite view, that legitimate women become leaders, the reason the text of the verses of Al-Qur'an and Al-Hadist must always be interpreted (understood) contextually, not merely textual, meaning that every text must be understood in the context of social-political sphere. The sociopolitical context that developed during the period of the fall of the texts was very different from the present social context. In the context of modern times, there is no reason to forbid women to be leaders.The purpose of writing this thesis namely: First, To know the position of women in Indonesian law, Second, To know the leadership of women in Indonesia is appropriate if associated with Islamic Law.This type of research is a normative juridical study. This research is conducted by examining the literature, collection of books or writings, or secondary data that still have to do with Women's Leadership in Islamic Law Perspective. From the results of research problems there are two main things that can be concluded, First, the position of women in Islamic law is very noble and received considerable attention and occupy a very commendable poisisi, even many verses in the Qur'anic texts praise the women. Secondly, the scholars agree to allow women to be judges or leaders if examined in fiqh consideration and see the current political condition of politics.Keywords: Leadership - Women - Perspective - Law - Islam
PENYELESAIAN KREDIT MACET TANPA AGUNAN PADA PERJANJIAN PEMBERIAN BANTUAN DALAM PROGRAM NASIONAL PEMBERDAYAAN MASYARAKAT MANDIRI PEDESAAN (PNPM-MP) KABUPATEN DHAMASRAYA Amelia, Vivi; Bachtiar, Maryati; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Abstract

The National Program for Rural Community Empowerment (PNPM-MP) is a program to increase poverty in the form of revolving aid for Small and Medium Enterprises (MSMEs) in the form of Savings and Loans for Women (SPP). Provision of revolving loans to the poor through Self-Help Groups (SHGs), where the community groups apply for loans in the form of SPP. The advantage of this program is the non-imposition of collateral as a condition to enter into credit agreements. Unsecured loans are highly vulnerable to default. The purpose of this thesis namely; First, the factors causing the debtor to default on PNPM-MP Sungai Rumbai District. The second problem solving to the debtor who has been performing in PNPM-MP of Sungai Rumbai Sub-district. The type of research to be used is Sociological research, Sociological research is a study that examines the legal aspects by looking at applicable legislation and comparing with the implementation of the field survey. The location of research conducted PNPM-MP located in District River Rumbai Regency Dharmasraya West Sumatra. Sources of data used are primary, secondary and tertiary legal data, data collecting techniques in this study with observation, interview and literature study.The result of this research is concluded that the factors causing bad credit in PNPM-MP Sungai Rumbai sub-district that the writer get consist of: Factors derived from the manager (UPK) PNPM-MP Sungai Rumbai, First, the manager is not careful in analyzing the loan application of the prospective debtor. Second, the excessive credit granting of the debtor's needs. Third, the lack of credit supervision is given. Factors derived from the debtor itself, namely: First, family economic factors. Second, business factors. Third, the debtor factor is not well-intentioned. And factors that come from external outside the ability of PNPM-MP and KSM: First, the decline in selling prices of plantation products. Secondly, the disaster that struck the debtor's business. Efforts to solve the problem of the debtor making the default: First, rescheduling. Second, Reconditioning. PNPM-MP Sungai Rumbai does not go through the process of seizure / procurement of general security in non-performing loans and through legal process even though there is a written provision in the Letter of Agreement of SPP Revolving Loan Payment. UPKs solve non-performing loans by only being solved by village deliberations or in a familial manner that is considered not to cause problems by either the Manager or the Authority Holder.Keywords: Credit Agreement, Bad Credit and PNPM-MP
PUBLIC TRANSPORTATION RESPONSIBILITY TO PASSENGERS NOT RECOGNIZED ON A TRANSPORT COMPANY WHO GET LOSS Nasrian, Hendro; Bachtiar, Maryati; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Abstract

Transportation facilities are an important factor in realizing the smooth process in organizing the transportation of people by public transport. The importance of these means of transportation can be reflected in the increasing need for public transport services, especially in big cities, the need for public transport services as if it has become part of the urban community who do not have their own vehicle.Problems and objectives to be discussed in this thesis is to know how the rights and obligations of the carrier in transporting passengers with the travel services as a public transport service entrepreneurs and To know the extent of the responsibility of the carrier to passengers who are not recorded on the agency who suffered losses. The location of the research is conducted on public transportation in Rengat City, Indragiri Hulu Regency. Research is focused on the existing travel in Rengat City.The type of this research is sociological research, while the nature of the research is descriptive. Sources of data in this study obtained through primary data and secondary data. Data collection techniques conducted in this thesis using interviews and literature review while the author data analysis techniques do with qualitative methods.Having described and discussed in this thesis, it can be concluded and suggested that the responsibility of public transport to passengers who are not recorded on the agency that suffered losses is the presumption responsibility that the company will provide compensation in accordance with Law No. 33 of 1964 and Law No. 34 Year 1964 junto Government Regulation No. 17 of 1965 and Government Regulation Number 18 Year 1965 on the amount of compensation. According to the principle of liability under the presumption of liability, the carrier shall always be held liable for any loss arising from the transport carried. But if the carrier can prove that he is not guilty, then he is exempt from the obligation to pay compensation. The meaning of "innocent" is not to do negligence, has taken the necessary action to avoid any losses or incidents that cause unavoidable unavoidable.Keywords: Responsibility - Public transport - Unofficial - Consumer
PELAKSANAAN PERKAWINAN DI BAWAH UMUR PADA MASYARAKAT ADAT TALANG MAMAK DESA TALANG PERIGI KECAMATAN RAKIT KULIM KABUPATEN INDRAGIRI HULU Lestari, Rafida; Ismi, Hayatul; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Abstract

Talang Mamak is also called Orang Adat, Langkat Lama or Talang. The title of Talang means a person who lives in remote areas and is alienated in the forest. The pattern of settlements scattered, generally located on the left side of the river with a small number of households or huts. Talang Mamak customary tribe located in the District of Rakit Kulim one of them located in Talang Perigi Village is a group dependent on the existence of nature. They use forests for medicinal materials, forest plants are also used for living equipment, such as woody species, bark, leaves, sap, rattan, and bamboo.Childrens life Talang Mamak tribe who live in Talang Perigi village generally do not have education because they do not have birth certificate and so and because these indigenous peoples do not see the future and do not attach any importance to it then thats the children of indigenous tribe Talang Mamak many do not hold education. Talang Mamak indigenous peoples in Talang Perigi Village generally adhere to Islam, but in marriage they put forward the marriage based on their customary belief.The purpose of writing this thesis, namely; First, To know the implementation of underage marriage on indigenous peoples Talang Mamak Tribe in Talang Perigi Village, Rakit Kulim Sub-district Indragiri Hulu Regency, Secondly, To know the factors of underage marriage in Indigenous people of Talang Mamak Tribe in Talang Perigi Village Rakit Kulim Kabupaten Indragiri Hulu.This type of research is a sociological research, because the author of the study of the effectiveness of the current law. This research was conducted in Indigenous Peoples Talang Mamak Indragiri Hulu, while the population and sample were all parties related to the problem studied in this research, data source used, primary data, secondary data and tertiary data, data collection technique in this research with interviews, questionnaires and literature study.From the results of research problems there are two main things that can be concluded. First, Customary Law does not recognize the age limit of immature and adult. Secondly, the law is applied if there are children who have problems due to marriage under age. In addition also from the point of moral norms due to the law, many people who will criticize for marriage underage. Suggestion of the writer, First, the public should not be influenced by the prevailing customs and traditions. Secondly, the Government by revising Law Number 1 Year 1974 The support and demand for the revision of the Marriage Law is a manifestation of a joint effort to save the ahead of Indonesian children.Keywords: Marriage - Under Age - Indigenous Peoples - Talang Mamak
PENYELESAIAN SENGKETA TANAH ULAYAT ANTARA MASYARAKAT KENEGERIAN SIMANDOLAK DAN MASYARAKAT KENEGERIAN TERATAK AIR HITAM KABUPATEN KUANTAN SINGINGI Urpi Rahma Weni; Firdaus '; Maryati Bachtiar
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Abstract

The ulayat land dispute between the Kenegerian Simandolak community and the kenegerian Teratak Hitam Hitam society occurred in 2015 due to mutual claims and mutual claims of land rights on ulayat land on the second border of kenegerian, causing both kenegerian communities to attack each other with sharp weapons and air rifles causing injuries on both sides. Simandolak residents residing in Teratak Air Hitam Jaga were burned by the residents.The purpose of writing this thesis are: First, To know the factors that cause the occurrence of ulayat land disputes between the community Kenegerian Simandolak and Kenegerian people Teratak Air Hitam Kuantan Singingi Regency. Second, To know the process of settlement of land disputes between ulayat kenegerian Simandolak community and kenegerian people Teratak Air Hi tarn Kuantan Singingi, Third, obstacles in the settlement of land disputes ulayat between kenegerian Simandolak and kenegerian community Teratak Air Hitam Kuantan Singingi Regency.This type of research is sociological juridical research which means approach by looking in terms of legislation and the reality that occurred in the field.From the results of the study concluded, First, the causal factor of the ulayat land disputes between the people of Kenegerian Simandolak and the Kenegerian people of Teratak Air Hitam is the usage of ulayat land which is in Status Quo between two kenegerian, quarrels and the destruction of land that exist around ulayat land, kenegerian boundary is not clear . Second, the process of settling land disputes between the Communal of Kenandman Simandolak and Kenegerian Teratak Air Hitam is through consultation process and with the help of a third party or mediator but the result also can not satisfy each society. Third, the obstacles in the settlement of land disputes over the communal land between the Kenregerian Simandolak Community and the Kenegerian Teratak Hitam Hitam Community are the absence of an agreement to resolve the dispute between the two kenegerian, the village government can not solve because of the difficulty to disperse between two kenegerian, unsuccessful deliberations.Keyword: Dispute Resolution, Land Ulayat
ANALISA YURIDIS TERHADAP PENARIKAN KENDARAAN BERMOTOR OLEH KREDITUR Sijabat, Adrianus; ', Firdaus; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Abstract

A covenant is an event in which there is a promise to another person or two people to promise each other to carry out a thing. Default means not fulfilling what is required as what has been specified in the engagement. The non-fulfillment of obligations by the debtor is caused by two possible reasons, namely due to the debtor's mistake, whether intentionally or unfulfilled or negligent and because of overmacth, the force majeur may be due to human circumstances and influenced by natural conditions. Based on this understanding, the authors formulate two formulation of the problem, namely: First, Why the debtor is negligent in fulfilling the obligations as a debtor so that the creditor withdraw the debtor vehicle. Second, how the mechanism of motor vehicle withdrawal by the creditor for negligence or not carried out the debtor's liability to the creditor. The type of research or approach used by the author is normative legal research. Normative legal research is a legal research conducted by examining library materials or secondary data only. Because making the literature as the main focus of this research, the data source used, primary data, secondary data, and tertiary data, technical data collection in this study with literature study then by analyzing and processing the data qualitatively and generate descriptive data and then take the conclusion deductively. From the research results of the problem there are three main things that can be concluded, namely: First, Causes of Negligence Debtor Conducting Obligation As A Debtor. Second, Mechanism of Motor Vehicle Withdrawal by Creditor for Negligence or Not Performed Debtor Obligation To Creditor.Keywords : Agreement, , Withdrawal of Motor Vehicles
PERLINDUNGAN HUKUM BAGI KONSUMEN TERHADAP PEREDARAN MIE BASAH YANG MENGANDUNG ZAT BERBAHAYA OLEH PELAKU USAHA DI KOTA PEKANBARU Rian Dwiky Fernanda; Firdaus '; Dasrol '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Abstract

The more advanced and growing community or consumers in Indonesia,the more consumer demands will be things practical. In eraglobal the easier thecirculation of food products from within and abroad that enter the domesticmarket so as to avoid the possibility of expired food products, and containing orcontaminated with hazardous substances and prohibited food additives such asformalin, borax, rodhamin B, methanyl yellow or processed food originating fromthe import of substandard waste food.As for the purpose of writing this thesis is To know the Legal Protectionfor Consumers Against Circulation of Wet Noodles Containing DangerousSubstance By Business Executors In Pekanbaru City, as well as obstacles.The conclusion that can be obtained from this research is, First, theprotection of the law for consumers to the circulation of wet noodles containingharmful substances by business actors in the city of Pekanbaru is still not runningproperly, where there are still many consumers who are harmed due to thecirculation of wet noodles containing hazardous substances, Second, barriers inlegal protection for consumers to the circulation of wet noodles containinghazardous substances by business actors in Pekanbaru city caused by severalfactors including, consumer factors, business actors, and government. Suggestionwriter in this research is, First, Government should increase supervision tocirculation of wet noodle containing hazardous materials in Pekanbaru City tominimize losses suffered by society Second, business actors in running theirbusiness should show good faith and give clear information of goods and orservices circulated and attempts to pay attention to consumer rights andobligations as business actors that have been formulated in the UUPK and alsoconsumers wet noodles should be more careful in buying and consuming wetnoodles to avoid danger.Keywords: Legal Conservation - Consumer - Wet Noodle - DangerousSubstance - Business Actor
PELAKSANAAN CORPORATE SOCIAL RESPONSIBILITY PT. ANUGRAHA NIASA SAWINDO DESA ROKAN TIMUR KECAMATAN ROKAN IV KOTO Jannah, Roudhatul; ', Firdaus; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Corporate social responsibility is in a moral and moral dilemma, where companies are unethical when enjoying substantial profits, while environment is damaged and society is disregarded or harmed by its rights. In accordance with the core of moral strength is the awareness that is present in the company, it was not able to create awareness of the company to care about the community and the environment, therefore the law entered and made CSR as a mandatory for companies, especially PT. Anugerah Niaga Sawindo which is located in Rokan Timur Village Rokan IV Koto District Rokan Hulu District that existed since 2005. As for the purpose of writing this thesis, namely: First, to find out how the implementation of Corporate Social Responsibility at PT. Anugerah Niasa Sawindo Rokan Timur Village Rokan IV Koto Subdistrict. Second, to find out whether the implementation of corporate social responsibility PT. The award of Niasa Sawindo to the people of Rokan Timur Village Rokan IV Koto Sub-district is in accordance with the laws and regulations.This research is a sociological law research that is research that want to see unity between law and society with existence of gap between das sollen and das sein. This research was conducted in Rokan Timur Village Rokan IV Koto Sub-district Rokan Hulu District, while the population and sample are all parties related to the problem studied in this research, data source used, primary data, and secondary data, data collection technique in research This is done through interviews, literature review and questionnaires.The conclusion of this research is, First Implementation Corporate Social Responsibility PT. Anugrah Niaga Sawindo in Rokan Village, Rokan IV Koto Sub-district has been implemented, the name of its realization The Company only executes not as an obligation as regulated by the Law. Where in running the corporate social responsibility program, the company does not carry out social responsibility in a sustainable manner that can improve the economy of the community. Second In accordance with the provisions of unification Legislation PT. Anugrah Niaga Sawindo in the implementation of corporate social responsibility does not refer to Regional Regulation Riau Province No. 6 of 2012 on Social Responsibility and Environment of the Company. Suggestion writer to the problems studied is the first future in the future PT. Anugrah Niaga Sawindo must carry out corporate social responsibility in accordance with the needs of local communities that provide training, guidance to small and medium micro enterprises and provide guidance to farmer groups to improve the standard of living of the community. Second For the sake of the sustainability of corporate and community development in the environment of PT. Kebun Raja Garden then the company must implement Law Number. 40 Year 2007 regarding Limited Liability Company, Government Regulation Number 47 Year 2012 Concerning Corporate Social Responsibility and Environment Limited, and Riau Province Regional Regulation Number 6 Year 2012 About Corporate Social Responsibility in Riau Province.Keywords: CSR - Society - Economy
Penerapan Sanksi Tindak Pidana Pencemaran Nama Baik Melalui Media Sosial Berdasarkan Undang-undang Nomor 11 Tahun 2008 Tentang Informasi dan Transaksi Elektronik di Pengadilan Negeri Medan (Studi Kasus Perkara Nomor 248/Pid.Sus/2016/PN.Mdn) Nessia Gresyola Saragih; Evi Deliana; Ferawati '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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The criminal defamation is a crime caused by the advancement of computer technology. Defamation is a lawless act that attacks the honor or reputation of others. The application of law against defamation offenders is regulated in Law Number 11 Year 2008 on Information and Electronic Transaction Article 45 paragraph (1): "Any person who meets the elements as referred to in Article 27 paragraph (1), paragraph (2), paragraph (3), or paragraph (4) shall be punished with a maximum imprisonment of 6 (six) years and/or a fine of not more than Rp 1,000,000,000.00 (one billion rupiah).The type of research or approach done by the author is the study of socio-legal law. This research conducted in Medan District Court. This location was chosen because of a criminal defamation case in Medan. In this study the authors use data sources that can be grouped as follows: Primary data, is data obtained directly in the location of research. Secondary data, is data obtained indirectly through the literature (library research).Article 27 paragraph (3) of Law Number 11 Year 2008 on Information and Electronic Transactions "any person intentionally and without right to distribute and/or transmit and/or make accessible electronic information and/or electronic documents containing insult and/or defamation. In the application of criminal sanctions against defamation cases in Number 4248/Pid.Sus/PN.Mdn, The Judge has sentenced the defendant Angelica Rivera to 2 (two) months imprisonment and stipulates that the crime is unnecessary, except later on the order of the Judge. The defendant was sentenced to a previous trial for 4 (four) months. The application of sanctions also concerns the judges' considerations that can alleviate punishment against defamation offenders.Keywords : Criminal act-Defamation-Social Media
PELAKSANAAN PEMBERIAN KREDIT USAHA RAKYAT (KUR) MIKRO PADA PT.BANK RAKYAT INDONESIA (BRI) UNIT TUANKU TAMBUSAI PEKANBARU ', Syafrianto; ', Firdaus; Bachtiar, Maryati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Micro Business Loan (KUR) Micro is a credit or working capital financing aimed at business actors who do not have additional collateral, but in the implementation the dealer still requested additional collateral to the prospective customer.The purpose of writing this thesis, namely: first, to know the implementation process of Micro Business Loans (KUR) at PT. Bank Rakyat Indonesia (BRI) Unit Tuanku Tambusai Pekanbaru. Second, knowing the reason of PT. Bank Rakyat Indonesia (BRI) Unit Tuanku Tambusai Pekanbaru requested additional collateral to prospective customers in Micro Small Business Credit (KUR) process. The type of this research is sociological research, that is research obtained directly from society.From the results of the study there are several things that can be concluded that the reason for requesting additional collateral to prospective customers is to guarantee and provide a sense of security to the bank against the funds it provides and to ensure that the debtor has the intention and good faith to fulfill his achievements because his securities serve as additional collateral. The author's suggestion, the dealer to further improve the quality of service and remove additional collateral requests so as to provide a legal certainty for the community.Keyword: Implementation - Micro KUR - Additional Collateral

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