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INDONESIA
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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SENGKETA TANAH ULAYAT MASYARAKAT ADAT DESA SIKIJANG KECAMATAN LOGAS TANAH DARAT KABUPATEN KUANTAN SINGINGI DENGAN PT. RAPP (RIAU ANDALAN PULP AND PAPER) Herida Nilawati Manurung; Maryati Bachtiar; Dasrol '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Problems that occur between PT. RAPP (Riau Andalan Pulp and Paper) with the indigenous people of Sikijang Village precisely in Logas Tanah Darat Subdistrict ie Citizen Residents Subdistrict Logas Tanah Darat requested that PT. RAPP (Riau Andalan Pulp and Paper) for an area of 479 Ha in Sikijang Village, Logas District of Tanah Darat. Due to the submission agreed by both parties as stated in the Memorandum of Understanding (MoU), which on August 31, 2000 ago, the 479 hectares of land can be taken by the indigenous people of Sikijang Village after logging, said Head of Logas Tanah Darat, Efrizon Marzuki AP , during negotiations between the two sides at the Kuantan Singingi Forest Service Office Hall. The purpose of writing this thesis, namely: First, To determine what factors that cause the flow of land disputes ulayat between PT. RAPP with Indigenous Peoples of Sikijang Village, Secondly, To know how to settle land disputes of ulayat between PT. RAPP with Indigenous Peoples of Sikijang Village.This type of research can be classified in the type of sociological research is a study of the effectiveness of applicable lawFrom the results of research problems it is clear that the factors that cause the occurrence of land disputes ulayat indigenous Sikijang Village with PT. RAPP, is the non-execution agreement between PT. RAPP with Sikijang Village community, After the agreement ends the promised land of ± 479 Ha is not returned to the community, due to the lack of knowledge of the indigenous peoples thus causing their land to be cultivated or used over the time limit as promised, non-transparent compensation in the execution of grant compensation as compensation for land use, the investor sometimes directly related to the Local Government and even ninik mamak, the community asked to PT. RAPP that the community asked the company to return the land ± 479 Ha and no serious response and settlement made by the company. How to settle land disputes of ulayat between PT. RAPP with indigenous peoples of Sikijang Village was conducted through the mediation stage on September 16, 2014 which resulted from the mediation provided a sum of funds worth Rp. 100 million / year (one hundred million rupiah per year) but not in the form of money but in the form of several programs such as building musollah in several local hamlets. This program has been done since the year 2000 and every year conducted negotiations between the PT. RAPP with Sikijang Village community.Keywords: Settlement of Disputes-Limited Liability Company-Ulayat Land
PELAKSANAAN TANGGUNG JAWAB PENGANGKUTAN BARANG MELALUI LAUT DI PT. INDO PERDANA LINTASJAGAD BATAM DENGAN CV. JAYA RAYA Pratomo, Bobby Farras; Bachtiar, Maryati; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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The transport of goods in its implementation is preceded by agreement between the parties, namely the sender, the receiving party, and the third party as the introductory party. This freight deal is contained in a contract of carriage which includes the rights and obligations of each party in the process of delivery to the receipt of goods. This contract is very important considering the risks that will be encountered when the goods are in transit, the clause on the transport agreement must include also the rights and obligations of third parties. The purpose of this study is to know the rights and obligations in the agreement of transporting goods by sea at the transportation company PT. Indo Perdana Lintasjagad and constraints that occur in the implementation of goods transport by sea between PT.Indo Perdana Lintasjagad with CV. Jaya Raya.The type of this research is sociological law research that is research on the effectiveness of the current law while when viewed from the nature of this research is descriptive. This study uses primary data that is data obtained directly from the first source and direct observation conducted by the researcher into the field and secondary data that is the data that has been so.The results of this study are the rights and obligations in the sea freight transport agreement in the freight company PT.Indo Perdana Lintasjagad Batam embodied in legislation or delivery agreement of goods made by PT. IPL with CV. Jaya Raya. Rights and obligations between PT. IPL and CV. Jaya Raya is everything that must be met or must be accepted by PT. IPL and CV. Jaya Raya arising from a legally-established agreement. Constraints in the implementation of goods transport by sea between PT. Indo Perdana Lintasjagad with CV. Jaya Raya is a dense transport schedule followed by the number of existing customers and the delay of delivery of CV's belongings. Jaya Raya to Container Yard (CY), the occurrence of damage to the goods during the inspection process by the water police officers and at the time of bongkat loading by the ABK. To overcome this, done cooperation or sign contract with CV. Jaya Raya with a minimum contract period of one year.Keywords: responsibility, transportation, sea.
PERLINDUNGAN HUKUM BAGI KONSUMEN AIR MINUM ATAS PELAYANAN PERUSAHAAN DAERAH AIR MINUM TIRTA INDRA KABUPATEN INDRAGIRI HULU Fitria, Meta; ', Firdaus; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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As a service provider company and providing non-profit public benefits,PDAMs should be oriented towards quality service quality, capable of providinghigh quality water that meets health requirements (colorless and odorless),continuity, innovative, so that PDAM Tirta Indra Kab Indragiri Hulu can defenditself, and in the future is expected to become a service company that can betrusted and proud by consumers, especially Indragiri Hulu Regency. However, inreality there are still many unattainable drinking water consumer rights, such asthe right to convenience, where consumers are less comfortable with the servicesof PDAMs, and the right to information, where PDAMs are not open toconsumers regarding quality information from the drinking water they consumeeach year.As for the purpose of writing this thesis is To know the implementation,constraints, and efforts in legal protection for consumers of drinking waterservices Tirta Indra Regional Water Company Indragiri Hulu regency.The conclusions can be obtained from this research is, First, theimplementation of legal protection for consumers of drinking water services TirtaIndra PDAM Indragiri Hulu regency is still not running properly. Second,constraints in the implementation of legal protection for consumers of drinkingwater services Tirta Indra PDAM Indragiri Hulu regency is the number ofcomplaints from consumers and the quality of drinking water. Third, the effortsmade by PDAM Tirta Indra Indragiri Hulu regency in overcoming the problemsof drinking water services to consumers, related to consumer complaints directlyhandled by Public Relations Section and Customers PDAM Tirta Indra, ondrinking water quality, PDAM Tirta Indra Indragiri Hulu do some fixes such asPlow Meter and Pam Browsing. The author's suggestion from this research is,First, PDAM Tirta Indra Kab. Inhu is expected to improve services in providingclean water and quality. Secondly, PDAM Tirta Indra Kab. Inhu is expected tominimize complaints from consumers to provide clean water services. Third,PDAM Tirta Indra Kab. Inhu is expected to continue working to overcomevarious problems related to his ministry.Keywords: Legal Protection - Consumer - PDAM
ANALISIS YURIDIS TERHADAP PENYELESAIAN GUGATAN SEDERHANA DI WILAYAH HUKUM PENGADILAN NEGERI PEKANBARU Zonia, Rizkiyah Putri; Bachtiar, Maryati; Fitriani, Riska
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
TINJAUAN YURIDIS TERHADAP PUTUSAN PENGADILAN AGAMA PEKANBARU TERHADAP PERCERAIAN TANPA IKRAR TALAK (Studi Putusan Nomor : 0600/Pdt.G/2015/PA.Pbr) ', Nurlia; Bachtiar, Maryati; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Article 1 of Law Number 1 Year 1974 Concerning Marriage affirms,marriage is the inner birth bond between a man and a woman as husband andwife, with the aim of forming a happy and eternal family (household) based on thedivinity of the One Supreme. However, maintaining a household is not easy. Thebreakup of marriage for three reasons, namely divorce, death and court decisions.Literally, talak means freelance and freedom. Divorce divided again that is,divorce raj'i or divorce 1, may refer before the iddah ends. Divorce ba'in small ordivorce 2 which in the sense can still be re-referenced, and divorce ba; in sughratalak 3 can not return before ex-wife married to another man and divorced.The consideration of the judges of the Religious Courts of Pekanbaru inhandling divorce cases without the pledge of divorce which the authors obtainedfrom the copy of number 0600 / Pdt.G / 2015 / PA.Pr., Is the verdict of the trial ofthe pledge of divorce between the applicant, Efendi bin Zahar Labai with theRespondent Neli Ernawati bint Syahril. Whereas in the rule of Islamic law if therequirements of divorce are fulfilled then divorce has been considered fallen. Inthis case Efendi bin Zahar Labai and Neli Ernawati bint Syahril have been legallydivorced according to Islam but there is still a legitimate marriage bond betweenthem. According to a positive judicial review, the judges consider no divorcebetween the applicant and the requested party, as the appellant of therepresentative / his proxy does not come to the pledge of divorce even afterexceeding the 6 (six) month period. According to the authors this does not givecertainty to the petitioners for their status, their divorce is not legitimate in theeyes of law because divorce is considered lawful if it has been decided by thecompetent court and also executed in accordance with the applicable law, butaccording to Islamic Shari'a still has fall of divorce to wife.Keywords: Divorce_ Pledge of Talak
Penegakan Hukum Terhadap Pelaku Balap Liar Yang Dilakukan Oleh Anak Dibawah Umur Di Wilayah Hukum Kepolisian Resor Kota Pekanbaru Berdasarkan Undang-Undang Nomor 22 Tahun 2009 Tentang Lalu Lintas dan Angkutan Jalan. Gilbranu, Dimo; Effendi, Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Children are the generation and potential of the nation in pebangunan to realize the ideals of independence. The main cause of the rampant delinquency of children under the age of today is due to lack of attention and affection of parents. One of the delinquency of children is a criminal act of wild racing, wild racing is a lot happening in the city of Pekanbaru especially during the night of the week.The formulation of the problem in this research there are two, first, how law enforcement against wild racing perpetrators conducted by minors in the jurisdiction of city police resort Pekanbaru based on law number 22 of 2009 on traffic and road transport ?. Secondly, what are the obstacles faced in law enforcement against illegal racing perpetrators by minors in the municipal police resort area Pekanbaru based on law number 22 of 2009 on traffic and road transport ?.The conclusions of this research are two, namely first, law enforcement against wild racing perpetrators conducted by minors in the jurisdiction of resort police resort Pekanbaru city based on law number 22 of 2009 on traffic and road transport. Law enforcement against wild racing by children under age in the city of Pekanbaru by the traffic police unit using two ways that is preventive, and repressive. Second, obstacles faced in law enforcement against illegal racing perpetrators by minors in the municipal police resort area Pekanbaru based on law number 22 of 2009 on traffic and road transport. there are two barriers namely the general obstacles: a. The legal factor itself, b. Law enforcement factors, c. Factors of facilities or facilities that support law enforcement, d. Community factors that include legal awareness and legal compliance, and e. Factor of legal culture. The five obstacles are still making rampant wild racing conducted by children in the city of Pekanbaru.Keyword: Law Enforcement-Illegal Street Racing-Child
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
PERLINDUNGAN HUKUM BAGI NASABAH TERHADAP AGEN BRI LINK BERDASARKAN PERATURAN OTORITAS JASA KEUANGAN NOMOR.19/POJK.03/2014 TENTANG LAYANAN KEUANGAN TANPA KANTOR DALAM RANGKA KEUANGAN INKLUSIF DI WILAYAH KOTA PEKANBARU Putri Nurhasanah Lubis; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Banking transactions can be done without having to come to the bank office, that is with theexistence of technology-based banking services such as telephone, sms, banking, ATM, and thelatest with brokers bank agents branchless banking service which is a service without office by notthrough office network but use information technology in its operations and requires cooperationfrom other parties that is the agent as an arm of the bank to provide banking services to people whodo not know, use and or obtain banking services and other financial services.The research is to know the legal protection for customers against the users of BRI LINKAgent service under the Regulation of the Financial Services Authority Number. 19 / POJK.03 /2014. And know the efforts made by the bank if the customer suffered losses on transactions in theAgent BRI LINK. This type of research is sociological juridical. This research was conducted atseveral BRI LINK Agencies in Pekanbaru City Area, while the population and sample were allparties related to the problem studied in this research, data source used, primary data, secondarydata and tertiary data, data collection technique in research this is by observation, interview andliterature study.Conclusion, First, the Bank must provide protection to its customers, both preventive andrepressive. This preventive protection on Branchless Banking Services, which is obliged to provideinformation in terms of delivery of products services Agent BRI LINK, the imposition ofadministrative costs and even obliged to educate the public and business actors with the aim tounderstand in the use of services Agent BRI LINK While the protection customer in a repressivemanner, the Bank must provide a customer complaint scheme. Secondly, while legal protection forBRI LINK Agent agent can only be realized with the participation of various parties. Author'ssuggestion, First, it is desirable for the Customer to be more proactive to know its rights andobligations and also the Agent should be more open and improve its performance. Secondly, it isexpected for customer service user of BRI LINK Agent to always pay attention to the amount ofmoney sheets, to avoid mistake between agent and customer . As for Publisher Organizer of BRILINK, especially PT. Bank Rakyat Indonesia Persero (Tbk) in order to provide and add specialtraining to candidates of BRI LINK Agency in Pekanbaru city area.Keywords : Customer, Branchless Banking Agent Transaction
PENYIDIKAN TINDAK PIDANA YANG DILAKUKAN OLEH ANAK BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK OLEH PENYIDIK KEPOLISIAN SEKTOR KOTO TANGAH KOTA PADANG Adha, Aditya; ', Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Criminal Acts are acts committed by human beings who may be liable in which the act is prohibited or ordered or permitted by law which is sanctioned in the form of criminal sanction. A child is a person who is not yet 18 (eighteen) years of age, including a child still in the womb. The number of crimes committed by children at this time could adversely affect the lives of children in the future. The investigation of a crime committed by a child is carried out by a special police investigator to conduct an investigation of the child. Associated children who deal with the law are regulated in Law Number 11 Year 2012 on the Criminal Justice System of Children. As for the purpose of writing this thesis is, First to find out the investigation of criminal acts committed by children based on Law Number 11 Year 2012 About the Criminal Justice System of Children by police investigators Sector Koto Tangah Padang City. Secondly, to find out the settlement of crime committed by the child is in accordance with Law Number 11 Year 2012 on the Criminal Justice System of Child by Police Sector investigator Koto Tangah Padang City.The method of research in this study, using the type of juridical sociological research is Criminal Acts is an act committed human beings who can be responsible where the act is prohibited or ordered or permitted by law that is given sanctions in the form of criminal sanctions with research sites in the Police Sector Koto Tangah Padang City. In this study conducted data collection by way of interviews, and literature review. After the data collected then analyzed qualitatively, then drawn the conclusion with deductive method that is analyze the problem from the general shape to the special form.From the result of the research, it can be concluded that the first investigation of criminal acts committed by the child by the investigator of Police Sector Koto Tangah Padang City during the investigation process did not distinguish between the criminal investigation conducted by the adult and the criminal investigation conducted by the child and in the case of the placement of the detention children are not placed in special room for children services as referred to in Law Number 11 Year 2012 on Child Criminal Justice System. second, the settlement of criminal acts committed by children there is incompatibility with Law Number 11 Year 2012 on the Criminal Justice System of Children namely that not all crimes committed by children can be resolved in the field of investigation through the diversi, and in the settlement of crimes committed by children through the Koto Tangah Police Sector's investigative division of Padang City excludes the Community Guard and Correctional Center.Keywords: Investigation - Crime - Child
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PEREDARAN SERUM PALSU OLEH KEPOLISIAN DI WILAYAH HUKUM KEPOLISIAN RESOR KOTA PEKANBARU Ipung Syahrir Situmorang; Erdianto Effendi; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Health is the most important thing the human body needs. Efforts to improve the quality of human life in the field of health, is a vast and comprehensive effort. These efforts include improving public health both physical and non-physical. The Kalthhat Kalth System mentions that health concerns the aspect of life that scope and scope is very broad and complex. Serum is a blood plasma that has antibodies to fight against certain antigens. Generally serum administration is done for treatment and not prevention. For example someone who was bitten by a poisonous snake was helped by injecting a serum anti snake serum. Giving serum like this is called passive immunity because the body does not form its own antibodies. Serum contains antibodies that can fight substances / foreign bodies or germs that enter the body. Foreign substances entering the body are said to be antigens. Antibodies that can agglomerate antigens are called precipitins, which can decompose antigen called lysine and which can offer toxins called antioxins.This type of research belongs to sociological juridical research, because in this study the authors directly conduct research on the place under study in order to provide a complete and clear picture of the problem under study. This research was conducted at Pekanbaru Pekanbaru Resort Police and Pekanbaru Pekanbaru Food and Drug Supervisory Center, while the 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.From the results of the study, it can be concluded that, First, to enforce the law against the crime of fake serum circulation in the jurisdiction of Pekanbaru City Police. Second, obstacles in handling the law enforcement of fake serum circulation in the jurisdiction of Pekanbaru Town Police Force, among others; Lack of human resources, lack of facilities and pre-facilities, lack of coordination with related institutions, low awareness and public legal awareness, and the deliberate acts of perpetrators to circulate false cries. Third, Efforts to overcome such obstacles; Improve coordination with related instasi, structuring human resources, improving public services. Brief suggestions from the author is to optimize the role of investigators, make agreements with relevant agencies and improve the socialization of the law regarding the dangers of the use of fake serum.Keywords: Law Enforcement-Crime-Distribution

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