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INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 2,579 Documents
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PENERAPAN STANDARISASI UPAH MINIMUM BERDASARKAN SURAT KEPUTUSAN GUBERNUR RIAU NOMOR.1358/XI/2016 TENTANG UPAH MINIMUM KABUPATEN/KOTA SE PROVINSI RIAU TAHUN 2017 (Studi Kasus Badan Usaha Perbengkelan Kecamatan Sail) Wahyu Hafzi; Hayatul Ismi; 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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Abstract

Wages in practice must be in accordance with the provisions of applicablelegislation that is based on Law No. 13 of 2003 on Employment and also based onthe government's determination of provincial minimum wage and city minimumwage, namely Decree of Governor of Riau No. 11735 / XI / 2016. Application ofwages made by employers should not be lower than the applicable provisions. Iflower than the applicable provisions then null and void. In many cases there arestill many entrepreneurs who have not been able to pay wages based onPekanbaru City minimum wage in Sail District. The purpose of writing thesisnamely; First, the application of standardization of minimum wage of Pekanbarucity to workshop business sector sector in 2017; Secondly, obstacles faced byprivate entities in implementing minimum wage city Pekanbaru in 2017; Third,efforts made by employers and government in applying minimum wage policy ofPekanbaru year 2017.This type of research can be classified in sociological research. From theresearch results three points that can be concluded, Firstly, the application ofminimum wage standards is not applied based on the Decree of the Governor ofRiau Number: Kpts. 1058 / XI / 2016 Regarding Minimum Wage of Regency/Cityin Riau Province 2017 Second, Constraints faced by employers in applyingminimum wage for worker in Sail Sub-district are factors of Production Cost,employee education level, weak legal awareness of workers. Third, Efforts toovercome obstacles made by the Department of Manpower and employers is byway of deferring payment of minimum wage in accordance with applicableregulations, and conduct surveys and socialization of employers and workers inPekanbaru City. First, For employers, should pay more attention to the welfare oftheir workers, because workers are the most important asset owned by acompany; Second, For local government, to pay more attention to the wages givenby the company to its employees and play an active role in addressing theseminimum wage issues , Third, For employees, to be more active again to questionwages or salaries that are not in accordance with the provisions applicable in thiscase based on the Decree of the Governor of Riau.Keywoard: Wage – Application – Protection - Laborers
PENCABUTAN PENGADUAN PADA KASUS TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA BERDASARKAN PASAL 75 KITAB UNDANG-UNDANGHUKUM PIDANA DIKAITKAN DENGAN KEADILAN RESTORATIVE JUSTICE (STUDI KASUS KEPOLISIAN SEKTOR TAMPAN PEKANBARU) Iis Fatmala Sari; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Abstract

Domestic violence is not a new thing, but it is a crime that has long been rooted in the culture of society. As set forth in Article 51 to Article 53 of Law Number 23 Year 2004 on the Elimination of Domestic Violence is a complaint offense, in which the victim can determine whether the case has been reported to be terminated and revoked by his complaint or will continue until before the demand is read out at Court. In some cases of domestic violence that often ends in the settlement of cases Domestic Violence ends a verdict for the imposition of a prison sentence to the perpetrator.Based on the background of the problems that the authors describe above, the authors are interested to conduct research with the title: "Removal of Complaints in Cases of Criminal Acts of Domestic Violence Under Article 75 Criminal Law Code Related to Justice Restorative Justice (Case Study Police Sector Tampan Pekanbaru)" . With the formulation of the problem that is how the process of settlement of Criminal Violence in Households based on restorative justice by Pekan Sector Police Tampan Pekanbaru? And what are the obstacles to solving domestic violence based on justice of restorative justice by Pekanbaru Charming Sector Police?This research is a type of sociological legal research (empirical), which is the research of sociological law is as an effort to see the effect of the validity of positive law on the life of the community, because in this study the authors directly conduct research on the location or place studied in order to provide a complete picture and clear about the problem under study. From this study the authors obtained the result that the process of revocation of the complaint must be approved by the victim which is done through the mediation process suggested by the Tampan Police. Barriers often experienced by the Tampan Police is because most victims and victims do not want to reconcile with the perpetrator because they still feel resentment or disappointed with the act of the perpetrator.Key Words : Domestic Violence, Restorative Justice, Police Sector of Tampan, Complainment
PERLINDUNGAN TENAGA KERJA TERHADAP PENGATURAN WAKTU KERJA DI PT. QUALITY SOLUTION Fani, Said; Bachtiar, Maryati; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Employment protection against working time at PT. Quality Solution needs supervision, this is caused because there are still many entrepreneurs who violate the rules about working time for their workers, the working time arrangements that apply resulted in losses for the workers in due to non-fulfillment of the right workers. Due to the improper application of working time, the Entrepreneur shall be liable for losses suffered by the employee.The issues discussed are Firstly, on how the implementation of labor protection whose working time exceeds working hours is reviewed from Law Number 13 Year 2003 on Labor Affairs, and Secondly how the responsibility of PT. Quality Solution on the rights of workers that are violated in terms of Law Number 13 Year 2003 concerning Employment.The research method used is empirical research, another term used is sociological legal research is also called field research and this research is descriptive. In data collection, the type of data used in this study is primary data and sekuder data, namely directly through respondents (field), Law No. 13 of 2003 on Employment, legal journals and books related to research. This data analysis is done qualitatively and deductively deduced.From the results of research conducted by the author, it was found that the application of such work time for workers already excessive from existing rules, so that it could harm the workers because their rights are not met. So on the basis of this need a very good labor protection and supervision of the implementation of work time by PT. Quality Solution.Keywords: Protection - Labor - Settings - Working Time.
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 Andriani, Dedek Suci; Bachtiar, Maryati; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Abstract

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
KEDUDUKAN REKAMAN CLOSED CIRCUIT TELEVISION SEBAGAI ALAT BUKTI TINDAK PIDANA UMUM BERDASARKAN PASAL 184 KITAB UNDANG-UNDANG HUKUM ACARA PIDANA Mieke Christian S; Erdianto Effendi; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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This study examines and answer legal issues regarding the position of Close Circuit Television (CCTV) in the proof at trial a general criminal offense under article 184 the Code of Criminal Procedure which governs the five legal evidence.In this study the authors use the method of normative-juridical research is the search for truth is coherence in addressing issues in the law through the study of law is intrinsically (legal research), with the approach of the Act (statute approa ch) and the conceptual approach (conseptual approach). Sources of research used in the form of primary legal materials namely Law No. 8 of 1981 About the Book of Criminal Procedure Law, and Law Number 11 Year 2008 on Transaction and Electronic information, as for secondary law material refers to reference books as well Legal journals. Once the legal material is classified secra systematically then analyzed to draw conclusions and provide prescription.The results showed that Close Circuit Television (CCTV) conducted in the framework of law enforcement at the request of the police, prosecutors and / or other law enforcement institutions established under the law as explicitly stated in the Constitutional Court Decision Number 20 / PUU-XVI / 2016 Valid evidence that may be used to obtain the judge's conviction in the trial of a general criminal offense, for as information stored electronically, the CCTV record shall be a valid evidence as provided for in Act Number 11 of 2008 on Information and Electronic Transactions, By using systematic method of interpretation and holding on to the organic view that the whole legislation as a whole system, the CCTV record as electronic evidence is an extension of evidences as set forth in Article 184 of the Criminal Procedure Code whose application is not limited to criminal acts Specific, but also applicable in the evidence of a general criminal trial.Key Word : CCTV Recording, Evidence, Proof Of General Crime
Pelaksanaan Tanggung Jawab Oleh PT. Pos Terhadap Pengiriman Apabila Terjadi Kerusakan atau Keterlambatan (Studi Kasus PT.Pos Cabang Pekanbaru) Irma Esterina Ginting; Firdaus '; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Article 31 of Law Number 38 Year 2009 on Post stipulates that Post Operator must compensate for damages suffered by postal service users due to negligence and / or errors of postal organizer. Users of late package and mail delivery services obtain legal protection provided by PT. Postal items will be processed and provide compensation allowance in accordance with the rules applicable and in accordance with the decision of the Board of Directors. If the package and the letter is damaged or not up to the service user, PT. Post will give the responsibility to users of PT.Pos service but here the postal party neglected in his responsibility. The purpose of writing this thesis, namely: First, To know How the legal protection of users of packet delivery services at PT. Pekanbaru Branch Posts, Secondly, To find out what form of accountability is given by PT.Pos Indonesia Pekanbaru Branch if there is a claim from the user of the package delivery service PT.PosThis type of research can be classified in the type of research is a type of research that is sociological research on the effectiveness of the current law.From the results of the research the problem is clear that the legal protection of users of package delivery services at PT. Pekanbaru Branch Post is because it does not run smoothly and the number of negligence made by the post that can harm the postal service users themselves. On the postal service user who sends a letter or package that does not use express service, the estimated time of mail or package is within 7 days but the package has not reached within 7 days, the package is more than 7 days and not delivered to the package address Sent. Form of accountability provided by PT.Pos Indonesia Pekanbaru Branch if there is a claim from the user of the package delivery service PT.Pos is PT.Pos liability to the damage and delay of the package has not run smoothly which should be post if there is damage to the will be Process and provide compensation benefits in accordance with applicable rules and in accordance with the decision of the Board of Directors. If the package and the letter is damaged or not up to the service user, PT. Post will give the responsibility of the shipment will be replaced the cost of delay that is: 1 ½ x postage using Price Dependency Value of Goods (HTNB) and 1 x postage that does not use the Price. Keywords : Legal Protection-Accountability- PT.Pos-User Services
Tanggung Jawab Negara Terhadap Lingkungan Hidup yang Baik dan Sehat Berdasarkan Prespektif Hak Asasi Manusia Maya Lorenza; Emilda Firdaus; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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The diminishing quality of the environment has threatened the survival of human life and other living things. Therefore, it is necessary to do the protection and management of the environment that is truly and consistently by all stakeholders. Forest and land fires in Sumatra, such as Riau, Jambi, South Sumatra and parts of Borneo, have caused smog in at least the last three months of 2015. State power is concerned with responsibilities and obligations. Viewed from the aspect of the development of democracy, these two things are elements of the unity of the notion of power. Today there is hardly a power that is not followed by responsibility and obligation. For if not, that would lead to a totalitarian state. Based on this understanding, the authors formulate two formulation of the problem, namely: First, What is the responsibility of the State against forest burning and lahandalam human rights perspective? Second, what are the regulations issued by the Government related to the burning of forests and land?Research methods in this research, First, the type of research is normative law and descriptive analysis. Second, data sources are supported by primary data sources, secondary data, and tertiary data. Third, the data collection technique used is literature study. After the data collected then analyzed qualitatively, and draw conclusions with the deductive thinking method of analyzing the problem from the general shape to the special form.From the results of research problems there are two main things that can be concluded. Firstly, Indonesia in its responsibility as a State of law must provide protection for basic rights, especially the rights of the community on a good and healthy environment, in fact in its implementation has not been done by the state with the maximum. It can cause the Indonesian state to suffer huge losses to forest and land burning to some neighboring countries in particular that would have an impact that not only disrupts the surrounding country's ecosystem but also affects business activities in real sectors such as tourism and air transportation. Secondly, in the framework of regulations issued by the Government related to the burning of forests and land, the State of Indonesia has at least four legal ranks, namely the Constitution of the Republic of Indonesia Year 1995, Law of the Republic of Indonesia Number 18 Year 2013 on Prevention and Eradication of Forest Destruction, -Undonesia Republic of Indonesia Number 39 Year 1999 on Human Rights, and Law of the Republic of Indonesia Number 32 Year 2009 on Environmental Protection and Management. Such law enforcement through the approach of criminal law, international law, and constitutional law actually provides an alternative to uphold justice. But it seems the four laws are seen not to give an answer to the sense of justice.Keywords: State Responsibility - Environment - Human Rights
ANALISIS YURIDIS KEDUDUKAN PERJANJIAN HOMOGLASI DALAM MENGAKHIRI KEPAILITAN SESUAI DENGAN UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG Sidabutar, Rahmat Marianus; Ismi, Hayatul; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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The Verdict of the Endorsement of the Treaty of Peace or often referred to as Homoglasi must have legal certainty in ending bankruptcy. Homoggation provides an important opportunity for the debtor to re-manage his property. Assets and Passiva of a company are important considerations in deciding the ratification of a peace agreement or homoglation. This is useful for ensuring business continuity and for the fulfillment of the content of the homoglation agreement. Article 166 Paragraph 1 provides a strict stipulation that the homoglasi agreement has a strong position to end bankruptcy and in Article 288 stating that Homoglasi has the legal standing to end the Postponement of Debt Payment Obligations. The Treaty of Peace which has been approved by the Commercial Court (Homoglasi) must have a definite legal effect to end the bankruptcy that befell the debtor and become the base of rights for both parties. Judge must be more careful in deciding any bankruptcy case that has ended with homoglasi for the creation of legal certainty that becomes the legal umbrella for the debtor and creditorThe purpose of this thesis writing is: First, to know how the legal position of verdict of endorsement of peace (Homoglasi) in ending bankruptcy in accordance with Law Number 37 Year 2004 About Bankruptcy and Delay of Obligation of Debt Payment, Second, What is the effect of law of verdict of endorsement of peace agreement (Homoglasi ) to the Company's bankruptcy status in view of Law Number 37 Year 2004 Concerning Bankruptcy and Suspension of Payment Obligations.This type of research is normative legal research or can be called also research doctrinal law. From the research result of the problem there are two main points that concluded, Firstly, the position of verdict of endorsement of peace agreement (Homoglasi) which is not able to give guarantee of legal certainty to debtor pursuant to Law Number 37 Year 2004 About Bankruptcy and Delay of Debt Payment Obligation. Second, the legal consequences of the Decision of the Peace Agreement which can not have legal certainty resulting from the position of the Ratification of the Peace Treaty Agreement which has no legal certainty in ending the bankruptcy of the debtor.Keywords: Legal Status- Homoggation- Law Effects
KEKUATAN KETERANGAN AHLI DALAM PEMBUKTIAN TINDAK PIDANA PEMBUNUHAN (Studi Kasus Putusan Nomor 777/Pid.B/2016/PN.JKT.PST Atas Nama Terdakwa Jessika Kumala Wongso) Daniel Af Hutapea; Erdianto Effendi; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Justice is the responsibility of all law enforcement personnel, especially police, prosecutors and judges. Evidence is a problem that plays a role in the process of examining the trial. If the evidence proved by the law is "insufficient" to prove the guilt of the defendant, the defendant shall be released from punishment; on the other hand, if the defendant's error can be proven by the evidence referred to in article 184 KUHAP, the defendant shall be declared "guilty ". Based on the trial in the case of Jessika's murder of a victim called Mirna, the evidence in the trial only focuses on expert information only. In this case that actually used as evidence in the trial is based on the facts that occurred in the field is not but opinion and custom.This type of research can be classified in the type of normative legal research, the legal principle used as the problem object in the study is the principle contained in the criminal justice system, that a judge should be able to consider the facts of the trial to create a sense of justice. data sources used consisting of primary legal materials, secondary law materials, and tertiary legal materials, data collection techniques in this study by literature review method, after the data collected and then analyzed to be drawn conclusions.From the result of research and discussion it can be concluded that, First, the power of expert information in the proof of the crime of murder verdict Number 777 / Pid.B / 2016 / PN.JKT.PST on behalf of defendant Jessika Kumala Wongso is the evidence in the trial only focus on the expert's testimony, the judge judged the testimony of the expert witness to prove that Jessika Kumala Wongso was proven guilty, while on the other hand there was no evidence of the fact that the defendant had included cyanide (sodium cyanide) into the victim's drink or so-called Mirna. Secondly, the basis of the judge's legal considerations in deciding the criminal case Number 777 / Pid.B / 2016 / PN.JKT.PST on behalf of defendant Jessika Kumala Wongso is in the consideration of the judge asserted there should be no eyewitness who saw a person committing a criminal act. The judge may obtain from indirect evidenceKeywords: Justice - Proof - Judge Consideration
TANGGUNG JAWAB PELAKU USAHA TERHADAP PAKAIAN BEKAS IMPOR BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN ( Studi Kasus Pasar Datuk Rubiah) Jusma Dona; Hayatul Ismi; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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The rapid economic development has resulted in various types and variations of goods and / or services. With the support of technology and information, consumer needs are simple, and the relationship between consumers and traditional society is relatively simple. Where consumers and producers can meet face-to-face. The modern society produces consumer goods in bulk, thus creating mass consumers as well. The purpose of thesis writing is: firstly, to know the impact on the business actors with the Regulation of the Minister of Trade of the Republic of Indonesia No. 51 / M-DAG / PER / 7/2015 on the prohibition of second-hand clothing import, secondly to know the responsibility of the imported clothing business players based on the Law -Indonesia Number 8 Year 1999 About Consumer Protection.This type of research can be classified in the type of sociological juridical legal research and data collected by seeking information based on questionnaires, interviews and literature related to the research. This research was conducted in Datuk Rubiah market Kota Bagansiapiapi whereas population and sample were all parties related to the problem under study. In this study the data used, in this study is by observation, interview and literature studyFrom the research result of the problem there are two main things that can be concluded, firstly, the impact of business actor on Ministerial Regulation No. 51 / M-DAG / PER / 7/2015, business actor opinion is reduced, Second, business actor responsibility based on Law No. 8 year 1999 about consumer protection, they do not provide clear information, so that the rights of consumers are violated. warrant, the perpetrator must be aware of the Ministerial Regulation No. 51 / M-DAG / PER / 7/2015 Minister, for consumers should be more careful in buying and reading -Undonesia Number 8 Year 1999 About Consumer Protection.Keywords: Used Clothing - Responsibility - Consumer Protection

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