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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
Arjuna Subject : -
Articles 2,579 Documents
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PEMUTUSAN HUBUNGAN KERJA SEPIHAK ANTARA PT. INDAH KIAT DENGAN TENAGA KERJA BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN Muhammad Fahrurrozi; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Termination of employment within the company often creates problems, especially layoffs for efficiency reasons such as granting workers' rights as compensation for layoffs. Employers often give workers rights that are less suitable and often workers / laborers are asking for their rights beyond the provisions set forth in legislation.The method used in writing this skiripsi is to make a sociological approach that is by doing research in the field. Termination of Employment that occurred caused by many factors ranging from laborers, employers, law or by the court. Termination of Employment because efficiency is categorized as layoff by company / entrepreneur. Procedures and procedures for the settlement of termination of employment are regulated in Law Number 2 Year 2004, but the procedures for termination of employment due to efficiency are not specifically regulated in this law.Based on research results, it is concluded that Termination of Employment conducted by PT. Indah Kiat is not in accordance with the mechanism of Termination of Employment which is in the rules of the company itself and not in accordance with the provisions of articles 151 and 161 of Act number 13 of 2003 on Manpower. Efforts made in the settlement of termination of this employment is to make decisions properly and correctly. Termination of Employment can not be made without the approval of the industrial relations settlement court and without the consent of both parties.Keywords: Termination of Separate Working Relations - worker - PT. Indah Kiat
PELAKSANAAN DIVERSI DALAM SISTEM PERADILAN PIDANA ANAK DI WILAYAH HUKUM KEPOLISIAN RESOR AGAM Yulisa Fitri; Dessy Artina; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Until now, criminal acts committed by children still occur in the jurisdiction ofAgam Police Force. In accordance with Law No. 11 Year 2012 on the CriminalJustice System of Children the process of settlement of child criminal cases that isthrough diversi. Criminal acts committed by children in the territory of AgamPolice Force in 2015 as many as 5 cases, in 2016 as many as 5 cases, and in 2017the number of crimes committed by children as many as 6 cases. From the abovecases, 4 cases have been successfully diverted, 7 cases failed to be resolved bydiversion while 5 cases were not attempted to be diverted.This research is a type of research that is empirical or sociological lawresearch. Legal juridical empirical research or sociological law research isresearch conducted directly on site or in the field to obtain data to provide acomplete and clear picture of the problem under study. Viewed from its naturedescribes the facts of symptoms and facts contained in life in a deep social.The results of research conducted by the author is the firstimplementation of the diversion in the process of criminal justice of childrenhandled by the Police Resort Agam not optimal. Second, constraints from the lackof knowledge and legal awareness of the community, at least the number ofmembers of the Women and Child Protection unit and not yet holds a law degree.Third, efforts to overcome these obstacles by increasing participation andknowledge with legal socialization to the community, increasing the number ofmembers of the Protection of Women and Children unit and should have a policedegree holds law degree.Keywords: Investigation - Child Crime - Diversi
PEMBERANTASAN TINDAK PIDANA PENYELUDUPAN BAWANG MERAH OLEH PETUGAS BEA DAN CUKAI DI WILAYAH HUKUM KOTA DUMAI Ramadhan, Andika; ', Erdianto; ', Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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The purpose of writing this thesis namely: First, Knowing the efforts made by the Customs officers in eradicating criminal onion smuggling in Dumai City Legal Areas, Second, obstacles in eradicating criminal onion smuggling by Customs officers, Third, the efforts made in overcoming obstacles in eradicating criminal onion smuggling by customs officers.The study was conducted in the unofficial ports of Dumai City, while the population and the sample were all parties concerned with the problems studied in this study, the data sources used, the primary data, the secondary data, and the tertiary data, the data collection techniques in the study this with the observation, interview and literature study.From the results of research problems there are two main things that can be concluded. First, the effort made by Customs officers in eradicating the criminal act of smuggling of onion in Dumai city law area is the participation of the society is still lacking, this is because the people feel lucky, because they can buy the goods of export of foreign origin smuggled with low price and high quality. The high cost of production makes the production less able to compete with goods produced overseas.Second, the obstacles of customs officers in eradicating Red Crime Smearing on the Dumai City Legal Territory in the form of weak coordination and cooperation between officers and inter-related agencies in the field provide opportunities for smuggling. Suggestion Writer, First, It is expected to Customs to increase patrol intensity in every territorial waters of Dumai City and its surroundings. Especially in the ports and rats (unofficial) that are not supervised by the authorities and run the provisions of customs administration consistently, considering it is very detrimental to the State of Indonesia from the tax revenue sector.Second, for the PPNS Directorate General of Customs to provide punishment and a maximum penalty for the perpetrators, in order to have a deterrent effect on the perpetrator and be a lesson for other people not to commit the criminal act of the smuggling. Third, the community is expected to participate actively in preventing the occurrence of criminal acts of smuggling, with care about the situation and conditions around each and can inform the parties to the Customs.Keywords : Customs, era dication of criminal offense, onion
ANALISIS YURIDIS TERHADAP EKSEKUSI HAK TANGGUNGAN (STUDI KASUS PUTUSAN PERKARA PERDATA NOMOR 38/PDT.G/2012/PN.PBR) Simamora, Try Jaya; Bachtiar, Maryati; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Land as collateral is a good guarantee property because it has economic value, therefore the author is interested in the title "Juridical Analysis Against Execution of Mortality Rights (Case Study Case PerdataNo.38 / PDT.G / 2012 / PN.PBR)." Based on the results of the discussion can be concluded the existence of the concept of civil lawsuit case is due to an agreement between the debtor and the creditor who experienced wanprestasi.The creditor takes the action of execution, but if judged by the amount of collateral, it should not be able to immediately auction the land under suspension, without the knowledge of the landowner, resulting in a prolonged conflict until the end of 2012 with the Court'sEnsure the repayment of the landowner's debts with the license of two land plots of Certificate of Property, will the landowner's business fail, the credit to the Bank as the creditor, the congestion. Finally, the Bank has passed the execution of mortgages (mortgages) through the District Court Pekanbaru with the determination of the amount of compensation amounting to Rp.104.009.759, -then then unilaterally changed to Rp.420.780.749.779.The owner of the land as the debtor has been impaired, hence the barrage of problems and cases related to the execution of the above mortgages, illustrated some efforts made by the parties until the verdict of civil cases No.38 / Pdt.G / 2012 / PN.PBR (with the permissibility of the indebted, either moving or immovable, whether existing or new, will be in the future, become a liability for all personal engagements. "
TINJAUAN YURIDIS TERHADAP HAK PEKERJA YANG TERIKAT DENGAN PERJANJIAN KERJA WAKTU TERTENTU YANG DEMI HUKUM BERUBAH MENJADI PERJANJIAN KERJA WAKTU TIDAK TERTENTU Z, Grace Elizabeth S; Bachtiar, Maryati; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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One of which is a form of employment agreement is a time-specific employment agreement. Temporarry Appointment Work Agreement is stipulated in Article 59 of Law Number 13 Year 2003 on Labour. Many companies today are using Temporarry Appointment Work Agreement but many do not comply with the provisions contained in Article 59 of Law Number 13 Year 2003 on Manpower. PT Mekar Usaha Nasional has extended certain time Working Agreement with Moch.Subandi more than once so causing dispute at the time of Moch.Subandi in layoffs. In addition, as happened to the Foundation of Taruna Bakti has also made Temporarry Appointment Work Agreement with Jo Hong Eng not in accordance with the provisions in the Law on Manpower.The purpose of writing this thesis is: First, to know the legal arrangements on the rights of workers in the temporarry appointment work agreement and permanent employment contract; second, to know the temporarry appointment work agreement decision Number: 2 / Pdt.Sus-PHI.G / 2016 /PN.Gsk and Decision Number: 11 / G / 2013 / PHI.BDG with Law Number 3 Year 2003 on Manpower.This type of research is normative legal research or also called doctrinal legal research and this research is descriptive. Sources of data used in this study is secondary data that is data obtained from bibliography such as legal journals, books, judges decision related to research. This data analysis is done qualitatively and deductively deducedFrom the research results of the problem there are two main points that are concluded, Firstly the regulation of workers' rights whether bound in a temporarry appointment work agreement and permanent employment contract is described in an unconscionable manner in Law Number 13 Year 2003 on Manpower. The Second Arrangement of Temporarry Appointment Work Agreement in Law Number 13 Year 2003 Labour does not provide certainty in terms of making a specific employment agreement.Keywords: Worker- Temporarry Appointment Work Agreement - permanent employment contract
Penerapan Sanksi Pidana Terhadap Pencemaran Lingkungan Yang Disebabkan Oleh Sampah di Kelurahan Lipat Kain Kecamatan Kampar Kiri Berdasarkan Undang-Undang Nomor 18 Tahun 2008 Tentang Pengelolaan Sampah ', Surianti; ', Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Environmental pollution caused by waste can be allegedly violating Chapter XV article 39concerning criminal provisions in the Basic Law on Waste Management. However, the reality of pollution towaste in the Folding Kain village continues to occur and is getting worse. Enforcement of environmentalcriminal law does not go as it should, this is what proves that law enforcement that should provide adeterrent effect and prevent the occurrence of repetition of criminal acts or similar crimes has not runoptimally. The purpose of this thesis research is; First, to determine the application of criminal sanctionsagainst environmental pollution caused by garbage in the village of Lipat kain Kampar Kiri District,Second, to find out the obstacles and efforts faced in addressing environmental pollution caused by garbagein the District of Lipatkain Kampar Kiri District. From the results of the study there are two main problemsthat can be concluded. First, the application of criminal sanctions against environmental pollution causedby garbage in the Folding Kain Village in Kampar Kiri District is not running properly.Environmental pollution caused by garbage is regulated in Law Number 18 of 2008 concerningWaste Management, namely in CHAPTER XV article 39, but the application of sanctions carried out by theEnvironmental Service is still in the form of reprimand and garbage collection, sanctions imposed are not inaccordance with the Law or Applicable regulation. Secondly, the obstacles experienced by theEnvironmental Service in addressing environmental pollution caused by waste are in the form of lack ofawareness and knowledge of the residents of Lipat Kain Village on the law and the importance of theenvironment, the law enforcement factors, lack of personal and professionalism of law enforcement, lack offacilities and infrastructure adequate. And as for the efforts made by the Environmental Service inaddressing environmental pollution caused by waste, in the form of coordinating with the Kampar DistrictResort police, conducting socialization or counseling with the community, establishing good relations withthe community, installing banners or appointing, providing the necessary facilities in the case of wastemanagement such as garbage trucks, landfills, and personnel. Researcher's suggestion, First, it is suggestedto law enforcement officers to be able to apply the existing rules and the sanctions given are expected tohave a deterrent effect on the perpetrators of environmental pollution caused by garbage in order to createa clean and healthy environment. Secondly, it is expected that the Environment Service can implementmaximum prevention programs against environmental pollution, and work according to their respectiveprofessionalism.
Penyidikan Tindak Pidana Peredaran Kosmetik Palsu Berdasarkan Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen Oleh Direktorat Reserse Kriminal Khusus Kepolisian Daerah Riau Ridwan Sahputra; Erdianto Effendi; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Along with the era of free trade now various types of cosmetics in the market with various uses of various brands as well. Cosmetic products that are the result of development of the pharmaceutical industry has now developed into one of basic needs of the community along with the development of people’s lifestyles. Business players are competing to produce various kind of beauty products with various uses for the community to attract consumers as much as possible. The human desire to always look beautiful, perfect in all opportunities untilized by a group of business actors who are not responsible for producing or trading cosmetics that do not meet the requirements to the public. The main target is the woman who want to get quick and maximum result.Based on the description, the authors are interested to conduct research under the title criminal investigation of counterfeit cosmetics based on law Number 8 0f 1999 on Costumer protection by the special criminal investigation Directorate of Riau Regional Police, while the purpose of this study is to determine the cause of circulatory factors fake cosmetics in the jurisdiction of the special criminal investigation Directorate of Polda Riau, then the last know to process of investigation of fake cosmetics crime by the Directorate of special Criminal investigation Polda Riau.In the study of authors use descriptive research that aims to describe precisely the properties of an individual, circumstances, symptoms or a particular group, or to determine the translation of a symptom, or to determine whether there is a relationship between a symptom with other symptoms in society. The study provides an illustration of the rampant circulation of fake cosmetics in the justification of the Riau Police as well as the impact raised and how to follow up the case.
KEKUATAN PEMBUKTIAN AKTA DI BAWAH TANGAN YANG DILEGALISASI OLEH NOTARIS (Studi Putusan Nomor:201/Pdt.G/2014/PN.Pbr) Wanty Agustina; Maryati Bachtiar; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Basically the position of a deed under the hand that is legalized by a deed under the hands that is not legalized is equally not an authentic deed in terms of proof. but when it is associated with the veracity of the signature, the deed under the legalized hand is stronger than the undocumented deed under the hand. This is because the signing of the certificate under the legalized hand is done before a notary public official who is authorized to do so.The type of research used in the writing of this law is empirical sociological law research is a method or method used in legal research conducted by examining the existing library materials by looking at events or facts that occur in the social environment. The nature of this research is descriptive. This study uses secondary data that is ready-made data.The result of this research is the strength of proof of the deed under the hand that is legalized before the notary (study decision number 201 / Pdt.G / 2014 / Pn.Pbr) is not the same as the authentic deed because it can still be denied the truth and must prove its truth through the evidence other or witnesses. The Notary guarantees the certainty of the date of the deed and the signatures of the parties, but is not liable for the contents of the deed. Deed under hand has no authenticity and has no executorial power. Where a deed under a new hand is valid if the signing party recognizes the signature. The responsibility of a notary to a legalized deed that is legalized before him (Study Decision number: 201 / Pdt.G // 2014Pn.Pbr) is about the certainty of the signature that it is certain that the signature is indeed a party to the agreement, not someone else. It is said that because the legalization of the letter is required to know the person who signed it by looking at his identification such as Identity Card and others. If the legalized person knows the right person, then they put their signature before the legalized at that time, day and date.Keywords: proof, deed under the hand
PENYELESAIAN KLAIM PRULINK (PRUDENTIAL UNIT LINK) DI PT. PRUDENTIAL LIFE ASSURANCE PEKANBARU Amelia, Sri Ayu; Ismi, Hayatul; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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insurance has two types of insurance namely health insurance and life insurance. Health insurance is one of the insurance products that have several categories. The main categories of health insurance are income disability insurance, assuming traditional medical costs. Furthermore life insurance is a socioeconomic tool, which is the way of a group of people to be able to work together to reduce the burden due to the premature death of the members of the group. In insured life insurance is caused by death (death). Such deaths result in the loss of income of a person or a particular family. Risks that may arise in life insurance mainly lies in the "element of time (time), because it is difficult to know when someone dies. To minimize the risk, it should be held a life insurance. The purpose of writing thesis namely: first, To know the forms of event that can cause rights for the insured involved in prudential links to file claims in PT. Prudential Life Assurance Pekanbaru. Second, To know the things that become obstacles implementation of insurance claims in PT. Prudential Life Assurance Pekanbaru. Third To know the legal protection of the insured who filed a claim in prudential link at PT. Prudential Life Assurance Pekanbaru. This type of research can be classified in the type of juridical sociological legal research and data collected by seeking information based on questionnaires, interviews and literature related to the research. This research was conducted at 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 study From the research results of the problem there are two main things that can be concluded, firstly, the forms of the event that can be claimed by the insured is because of the events that occur it causes losses, such as the accidental fire, the occurrence of accidents and death before the appointed time of the agreement. Keywords: Arusansi- Claim-Prudential Unit Link
EFEKTIFITAS PENERAPAN LARANGAN PEMAKAIAN TELEPON SELULER DI DALAM PESAWAT UDARA BERDASARKAN UNDANG UNDANG NOMOR 1 TAHUN 2009 TENTANG PENERBANGAN (STUDI KASUS BANDARA SULTAN SYARIF KASIM II PEKANBARU) Prayoga Darsa; Zulfikar Jayakusuma; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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The influence of cellphones on the plane is very large. Cellular phones causeinterference with the aircraft's steering system or the navigation system. Disturbancesoriginating from the cellphone will make the flight direction deviate, the HIS indicator(Horizontal Situation Indicator) is interrupted, VOR (VHF Omnidirecttional Receiver)cause noise is not heard, navigation system interference, communication frequencyinterference, fuel indicator interference and automatic steering system interference. Theinterference caused by the cellphone was not only when the plane was flying, but whenthe plane was moving on the runway, the noise on the heads of the pilots did not receiveinstructions from the watchtower properly.The type of research used in this legal writing is sociological legal research,which is a study of the effectiveness of the law that is in effect or research on legalidentification. Whereas if seen from the nature of this research is descriptive. This studyuses primary data, namely data obtained from the field through interviews andsecondary data, namely data that has been prepared.The results of this study are the effectiveness of the implementation of the ban oncell phone use in aircraft based on Law Number 1 of 2009 concerning Aviation (thecase study of the Sultan Syarif Kasim II airport in Pekanbaru) has not been effectivebecause airlines as less professional operators have implemented prohibitionregulations. cellular telephone in an aircraft. On the other hand the government as theparty that regulates, supervises and enforces regulations is still not optimal in takingaction on conditions that occur in the field and does not have firmness in the regulationof airlines that do not meet safety standards. Legal actions that can be taken on the useof cellular telephones in aircraft based on Law No. 1 of 2009 concerning Aviation (casestudy of the Sultan Syarif Kasim II Pekanbaru airport) subject to criminal sanctions forpassengers who disturb order can be punished with a maximum of 1 (one ) year or amaximum fine of Rp.100,000,000.00 (one hundred million rupiah) in accordance withthe provisions of Article 412 paragraph (2) of Law Number 1 of 2009 concerningAviation. Whereas the use of cellular telephones can be subject to a maximum jailsentence of 2 (two) years or a maximum fine of Rp. 500,000,000.00 (five hundredmillion rupiah) in accordance with the provisions of Article 412 paragraph (1) of LawNumber 1 of 2009 concerning Aviation.Keywords: Effectiveness, Prohibition, Use of Cellular Phones, Aircraft.

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