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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
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Articles 2,579 Documents
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
Perkawinan Semarga Dalam Adat Mandailing Di Desa Simanosor Kabupaten Tapanuli Selatan Dalam Persfektif Hukum Adat Batak Mandailing Wahyuni Malina Harahap; Maryati Bachtiar; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Marital marriage is a marriage that is prohibited in indigenous Batak Mandailing, because it is considered to be from the same lineage which means having blood relation. There are three customary marriage systems: eksogamy, endogamy and eleutherogamy. Batak mandailing community belong to the exogamy marriage system, a man is prohibited from marrying a woman of the same age or as a man. A man must marry a woman out of her family. The purpose of this thesis writing is first: to know the causes of prohibited marriage in the village simanosor south tapanuli. secondly, to find out the customary sanctions given to married offenders in the village simanosor south tapanuli district.The type of research can be classified in the type of sociological research, because in this study the authors directly conduct research on the location or place studied in order to provide a complete and clear picture of the problems studied. This research was conducted in the village Simanosor south tapanuli. Descriptive, research with the source Primary, Secondary, and tertiary, while the population and sample are marital offenders, customary leaders and villagers Simanosor. Teknik data collection of interviews, questionnaires and literature review.From the results of research there are two main things that can be concluded, first: the cause of the prohibition of marriage is due to the belief that people who have same clan. Secondly: the customary sanction given to the married offenders is offering betel in the customary assembly session, as a sacrifice requesting forgiveness for wrong, paying customary sanction to prospective in-laws, families and customary chiefs by cutting a buffalo, eaten together by Dalihan na Tolu, women who do marriage should reshuffle their clan from the mother’s side of the husband through the process of traditional ceremonies, not allowed to live village or from the community environment. This penalty is given if not able to meet the fine of one buffalo. The writer’s suggestion is, firstly: the activeness of the adat leaders to teach and guide community to understand the values of adat law and the meaning of the ban of marriage semarga. Secondly: in the application of sanctions must be more assertive aimed to give effect jeragar people are afraid to violate the provisions of customary law one of them doing marriage as a family.Keywords: mandailing customary law, marriage of sunrnsi, adat sanction.
IMPLEMENTASI TANGGUNG JAWAB PELAKU USAHA TERHADAP PENJUALAN SEPATU BERMEREK PALSU DI KECAMATAN TAMPAN KOTA PEKANBARU Desi Muzdalifah; Firdaus '; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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In addition to copyright and patents, trademark rights has also become a part of the intellectual property rights that must be protected from the legal aspect. Not Maximum efforts are made to reduce violations of the brand led to the present distribution of the goods of violations still occur. Traders itself has continued to trade in fake goods by using well-known brands such as Nike, Adidas, Bilabong, Ripcurl, channel and much more.In the world of trade, the brand as one form of intellectual property has an important role has been used to distinguish the origin of goods and services. A brand becomes a valuable asset because it make the price of a product expensive.Sales of fake designer goods is licensee of the mark concerned may sue the other party who intentionally use the brand to earn greater profits by using the brand without permission owner of the mark.The research method is that the yuridict sociological law research and data collection is done by searching for information based on the questionnaires, interview and review of literature which it aims.Keywords : famous brands, counterfeit brands, consumer protection.
TINJAUAN YURIDIS TERHADAP PERLINDUNGAN KONSUMEN DALAM PENGGUNAAN JASA ANGKUTAN OJEK ONLINE Ridho Kurniawan; Firdaus '; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Law Number 8 Year 1999 Concerning Consumer Protection is the legal basis for the protection ofthe users of ojek online. Implementation of ojek transportation still there are some consumer rights thathave not been fully met by online motorcycle taxi drivers, s become one of the problems that have a majorimpact on consumer rights. Therefore, the purpose of writing this thesis, namely: First, know the legalprotection of consumers as users of ojek online transport services, Secondly, knowing government efforts toprovide legal protection to consumers as users of ojek online transport services.Type of research This research can be classified into the type of sociological juridical research is astudy of secondary data in the form of legislation, as well as the results of research law scholars, such asbooks related to the subject. This research was conducted in Pekanbaru City, Riau. Population and samplesare Head of Department of Transportation Pekanbaru City, Head of Department of Investment andIntegrated Service One Pekanbaru, Staff Go-Jek Pekanbaru, Online motorcycle taxi driver Pekanbaru Cityand Consumer ojek online Pekanbaru City. Sources of data used are primary data and secondary data. Datacollection techniques in this study with interviews, questionnaires and literature review.The conclusions can be obtained from the results of research is First, Implementation of Law No. 8of 1999 on Consumer Protection has not been in overall as there are still some consumer rights that havenot been fully met by online motorcycle taxi drivers. Secondly, the government's effort to provide legalprotection to consumers as the users of ojek transportation services online, there are two, namely thegovernment's effort in the short term that is to socialize the importance of using mass transit so as to attractpeople who have been using private vehicles and conduct supervision. Second, the government's long-termeffort to create new regulations on online motorcycle taxis and revise the Law on Traffic and RoadTransport. Suggestion writer, so that the government immediately issued legislation concerning motorcycletaxi online or revise the existing rules about the legality of motorcycle taxi online. Then it is expected to themanagement of motorcycle taxi online to pay more attention and increase responsibility for the use of onlinemotorcycle taxi services, so as to provide a sense of security, and comfortable for both consumers anddrivers who serve consumers.Keywords: Transportation Service-Transpotasi Ojek Online-Pekanbaru
PERLINDUNGAN HUKUM TERHADAP PERAWAT YANG BEKERJA PADA MALAM HARI BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN Lidya Destyani; Hayatul Ismi; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Since Indonesia was founded, the people of Indonesia have realized that work is a basic need of citizens. One of the job opportunities is offered to people who have specialist knowledge especially nursing and work in hospital. In his consideration, the authors took place at Aulia Hospital Pekanbaru, the caregiver was male and female. They are not entitled to such rights as set forth in the Manpower Act and other government regulations relating to protection, in particular the rights to be obtained for male and female nurses working at night.The purpose of this research is First, the implementation of legal protection against nurses who work at night at Aulia Hospital Pekanbaru based on Law Number 13 Year 2003 About Manpower. Second, constraints and efforts faced by the parties in the implementation of legal protection against nurses who work at night in Aulia Hospital Pekanbaru. This type of research is sociological research. This research was conducted at Aulia Hospital Pekanbaru. The population is the nursing manager and contract nurse. The data used are primary data and secondary data. Data collection techniques are interviews, questionnaires and literature study.From the results of research there are two things that can be concluded. First, the implementation of the legal protection of nurses who work at night in Aulia Hospital Pekanbaru is still not fulfilled, namely the right to get food and drink, the right to get security during work, and the right available shuttle facility workers. Secondly, the efforts and obstacles to fulfill the right of nurse, Aulia Hospital Pekanbaru's obstacle is the lack of understanding of the regulation in Law Number 13 Year 2003 on manpower so as not to explain in detail the right of nurse, the nurse does not know the right what they should get at work. It should make an agreement that contains all the rights and obligations of both applied during the employment relationship, until the workers know all of their rights that should be earned while working and the employers know their duties and what they should do to give the nurse right.Key Words: Legal protection of nurses at night, male nurses and female nurses - Aulia Hospital Pekanbaru Pekanbaru
PENYIDIKAN TINDAK PIDANA PENYALAHGUNAAN PENYALURAN PUPUK BERSUBSIDI BERDASARKAN PERATURAN MENTERI PERDAGANGAN REPUBLIK INDONESIA NOMOR 15/M-DAG/PER/4/2013 TENTANG PENGADAAN DAN PENYALURAN PUPUK BERSUBSIDI UNTUK SEKTOR PERTANIAN DI KEPOLISIAN DAERAH RIAU Pera Erawina Siregar; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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The government has regulated regulations on subsidized fertilizers but there are still many criminal acts of misuse of subsidized fertilizer distribution. Fertilizers that are subsidized by the government are designated for farmer groups or poor farmers to help improve the economics of farmers' groups or farmers. However, in practice, fertilizers that have been subsidized by the government are misused by the perpetrators of criminal acts for their personal or group interests that result in losses to the government and loss to farmers groups or needy farmers. Abuse of subsidized fertilizers is included in economic crime. Economic crime is the act of a person who violates government regulations in economic field. The purpose of writing this thesis is first To know the role of Investigators in tackling the crime Abuse of Distribution of Subsidized Fertilizer based on Regulation of Minister of Trade of Republic of Indonesia Number 15 / M-Dag / Per / 4/2013 About Procurement and Distribution of Subsidized Fertilizer for Agricultural Sector in Riau Regional Police. Secondly to know the factors that cause the rampant Misuse of Subsidized Fertilizer Distribution.This type of research can be categorized in the type of sociological research. The research location is Riau Regional Police. Sources of data used are primary data and secondary data. Data collection techniques are questionnaires, interviews, literature review. After the data collected then analyzed qualitatively by using the deductive method of drawing the conclusions of the things that are general to things that are special.From the results of research there are two main things that can be concluded. First Role of Police Investigator in tackling crime of abuse of distribution of subsidized fertilizer for Agricultural Sector in Riau Regional Police, that in its implementation the role of police investigator is not running properly for that in this case should police investigator do preventive and repressive effort. Both factors causing widespread misuse of the distribution of subsidized fertilizers include internal and external factors.Keywords: Subsidized Fertilizer - Investigation - Crime
PENYELESAIAN KREDIT MACET TANPA AGUNAN PADA PERJANJIAN PEMBERIAN BANTUAN DALAM PROGRAM NASIONAL PEMBERDAYAAN MASYARAKAT MANDIRI PEDESAAN (PNPM-MP) KABUPATEN DHAMASRAYA Vivi Amelia; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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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
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) Saragih, Nessia Gresyola; Deliana, Evi; , 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
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) Sari, Iis Fatmala; Indra, Mexsasai; , Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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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
TINJAUAN YURIDIS PENGATURAN TENTANG KEWAJIBAN PENUNJUKAN PENASEHAT HUKUM BAGI TERDAKWAYANG DIANCAM PIDANA DIATAS 5 TAHUN BERDASARKAN PASAL 56 KITABUNDANG-UNDANG HUKUM ACARA PIDANA Tresia Debora Sinaga; Mexsasai Indra; Ferawati '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Pengaturan tentang kewajiban penunjukan penasehat hukum bagi terdakwa yangdiancam pidana diatas 5 tahun sebagaimana yang diatur dalam Pasal 56 KUHAP. Namun,dalam praktiknya dipersidangan masih banyak ditemukan terdakwa yang diancam pidanadiatas 5 tahun yang tidak didampingi penasehat hukum, dapat dikatakan bahwa kewajibanpenunjukan tersebut diabaikan atau dikesampingkan oleh aparat penegak hukum.Tujuan penulisan skripsi ini, yakni; Pertama, untuk mengetahui pengaturan idealtentang kewajiban penegak hukum untuk menunjuk penasehat hukum bagi terdakwa yangdiancam pidana diatas 5 tahun, Kedua,untuk mengetahui upaya hukum yang dapat ditempuh terpidana terhadap putusan hakim yangtelah berkekuatan hukum tetap yang dalam proses persidangan tidak didampingi penasehathukum.Jenis penelitian ini dapat digolongkan dalam jenis penelitian hukum normatif.Penelitian ini bersifat deskriptif, yang menggambarkan secara jelas dan terperinci mengenaikewajiban aparat penegak hukum dalam menunjuk penasehat hukum bagi terdakwa. Sumberdata yang digunakan adalah data sekunder yang bahan hukum primer, bahan hukumsekunder, tehnik pengumpulan data dalam penelitian ini dengan metode kajian kepustakaansetelah data terkumpul kemudian dianalisis dan ditarik kesimpulan.Dari hasil penelitian dan pembahasan dapat disimpulkan bahwa yang Pertama,pengaturan ideal tentang kewajiban penunjukan penasehat hukum bagi terdakwa yangdiancam pidana diatas 5 tahun sangat diperlukan,karena Pasal 56 KUHAP masihmengandung banyak kelemahan sehingga tidak menciptakan kepastian hukum bagi terdakwadan terkesan mati suri, oleh sebab itu diperlukan pengaturan yang lebih jelas dan terperincimengenai akibat hukum bagi aparat penegak hukum yang mengesampingkan kewajibanpenunjukan tersebut, Kedua, upaya hukum yang dapat ditempuh terpidana terhadap putusanyang telah berkekuatan hukum tetap adalah upaya hukum luar biasa yakni upaya hukumPeninjauan Kembali (PK), ini merupakan bentuk perlindungan hukum represif bagi terdakwayang tidak didampingi penasehat hukum dipersidangan.Kata Kunci : Pengaturan Ideal - Kewajiban- Penunjukan Penasehat Hukum Terdakwa

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