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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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TINJAUAN YURIDIS KEDAULATAN NEGARA TERHADAP PENGGUNAAN MATA UANG ASING DI WILAYAH PERBATASAN NEGARA KESATUAN REPUBLIK INDONESIA Elisabeth, Sandy; Deliana, Evi; Diana, Ledy
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

The sovereignty of a country is the highest power of the country to rule andenforce the law in its territory. Including with power in regulating the economicsystem and the use of currencies imposed in the territory of the country. This isdue to today's modern society, the mechanism of the economy based on the trafficof goods and services of all economic activities will require money as a means ofsmoothing to achieve its objectives. Problem that arises in the use of money is thatthe use of foreign currency in the borders of the Republic of Indonesia is stillwidely practiced. So that the sovereignty of a country finds intervention due to theuse of foreign money. Bank Indonesia as the central bank has duties, one of whichis to keep the value of the rupiah stable. The rupiah regulation in order to remainstable has been followed up in Law Number 7 of 2011 concerning Currency. Inaddition International Regulations governing the economic sovereignty of acountry are discussed in Articles 1, 2 (paragraph 1), 7 and 10. The Montevideo1933 Convention concerning the Rights and Obligations of the State explain thejurisdiction of a country's sovereignty.The writing of this thesis uses normative legal research method with libraryresearch data collection, that is by examining library material or secondary datain the form of primary legal materials namely related regulations, secondary legalmaterials namely related documents and tertiary law which is an indication ofprimary and secondary legal materials. Secondary data that has been compiled isthen analyzed using qualitative methods to obtain conclusions.Exceptions to the use of the Rupiah Currency regulated in Article 21paragraph 2 of Act Number 7 of 2011 concerning Currency are certaintransactions in the context of implementing the budget and state revenues andexpenditures, receiving or granting grants from or abroad, international tradetransactions, deposits at banks in the form of foreign currency, and internationalfinancing transactions. Related to the use of the Rupiah Currency regulated inArticle 21 of 2011 is a tool for the purpose of payment, settlement of otherobligations carried out in the Territory of the Republic of Indonesia.
TINJAUAN YURIDIS PERTIMBANGAN ALAT BUKTI BERUPA KETERANGAN AHLI DALAM MEMUTUSKAN PERKARA DI PENGADILAN Rudi Antonius Panjaitan; Erdianto '; Ferawati '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Abstract

In the Indonesian Criminal Procedure Code, Article of 184 explains 5 means ofevidence. The expert information is one of the legal evidence and was ranked numbertwo after the statements of the witnesses to be examined in the trial. The expertinformation is needed to make light of a case which may be required to be presented bythe presiding judge, prosekotor and the defendant. Based on this understanding, theauthor formulates three problems, namely: The first, how is the process of filing anexpert to testify in the trial of criminal cases in the District Court ?, second, what is thejudge’s consideration in accepting the expert presented by the parties in the criminalproceedings at the District Court?, and the third, how is the judge’s judgment indeciding a case based on expert information in the District Court?.This type of research can be classified in normative legal research (legalresearch) or also called research literature by examining secondary legal materials orresearch based on standard rules that have been recorded is also called bibliographyresearch, the type of data used is using secondary data consisting of primary,secondary and tertiary legal material. While the data collection used in this writing isthe method of literature review or documentary study, the data has been collected andthen processed bay way of selection, clarified systematically, logically and juridicallyqualitatively. The author draws a deductive conclusion, drawing the conclusions of thethings that are general to the things that are special.From the result of research and discussion it can be concluded that, First, theRegulation concerning the process of submission of an expert in the trial has beenregulated in the Criminal Procedure Code, whereby the presiding judge, publicprosecutor and defendant may propose an expert if deemed necessary to make light of acase. Second, an expert presented in Court should meet the requirements set forth in thedecree of Chief justice of the Supreme Court of the Republic of Indonesia, number:36/KMA/SK/II/2013 about Enabling Environment Case Management Guidelines inChapter VII. Third, consideration of the judge in deciding a case based on the expertinformation that is based on faith, when if the party who according to the judge'sconviction is not guilty then the expert statement submitted will be more considered.Keywords: Evidence-Expert Informant-Judge Consideration.
PERANAN SERIKAT BURUH SOLIDARITAS INDONES IA KOTA PEMATANGSIANTAR DALAM PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL DI KOTA PEMATANGSIANTAR DITINJAU DARI UNDANG-UNDANG NOMOR 21 TAHUN 2000 TENTANG SERIKAT PEKERJA/SERIKAT BURUH Cresensia Yohana Saragih; Hayatul Ismi; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Abstract

This Research discussed about the role of the Labor Union Solidarity ofIndonesia in resolving disputes industrial relations in Pematangsiantar city. Theselection of this title based on that Labor Union Solidarity of Indonesia inPematangsiantar not effective in implementing up his role as parties in disputeresolution industrial relations through negotiations bipartite. In the implementationof the bipartite discussion have not been in accordance with article 3 paragraph 2 ofthe law number 2 year 2004 about industrial relations dispute resolution, so that theprotracted dispute resolution. In this case the Labor Union Solidarity of Indonesiapredicted by the workers to be able to fight for and their interests have not be able tokeep up his role well, as it is not consistent with the objectives of the formation oflabor union that is in article 4 paragraph ( 1 ) the act of number 21 year 2000regarding labor union , which is to provide some level of protection, the rights andinterests of the defense, as well as improve the welfare of that was appropriate forunion workers and their families. The purpose of writing this thesis; first, to know therole of the Labor Union Solidarity of Indonesia in resolving disputes industrialrelations in Pematangsiantar city, second, to know what obstacles faced by the LaborUnion Solidarity of Indonesia in resolving disputes industrial relations inPematangsiantar city, third, to know the efforts made by the Labor Union Solidarityof Indonesia to overcome obstacles of resolving conflicts industrial relations.This type of research can be classified in the type of sociological juridicalresearch. The Research was conducted at the office of Labor Union Solidarity ofIndonesia in Pematangsiantar City. Sociological law research uses primary data andsecondary data, while population and sample are the parties related to the problemstudied in this research. Technique of collecting data in this research by interviewand literature study. Second, the obstacles faced by SBSI Pematangsiantar City is thelow quality of human resources, lack of funds, lack of communication, as well asobstacles from the employers and the government, Third, the efforts undertaken bySBSI Pematangsiantar City isproviding education and training, raising funds,JOM Fakultas Hukum Universitas Riau Volume V Nomor 2 Oktober 2018 2improving communication and actively involved in the Tripartite CooperationInstitution.From the results of research problems there are three main things that canbe concluded. First, SBSI Pematangsiantar City has not been effective in resolvingindustrial relations disputes in Pematangsiantar City, Second, the obstacles faced bySBSI Pematangsiantar City is the low quality of human resources, lack of funds, lackof communication, as well as obstacles from the employers and the government.Writer suggestion, First, The parties prioritize the principle of deliberation toconsensus in resolving any industrial relations disputes that occur,Second, the Parties are expected to better understand their rights and obligationsrespectively. Third, It is hoped that both the government, academics and the widercommunity can cooperate in fighting for the rights of the oppressed workers.Key Words : Labor Union-Dispute-Industrial Relations
TINJAUAN YURIDIS TERHADAP HAK EKONOMI PENCIPTA BERDASARKAN UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA ', Marzuki; Bachtiar, Maryati; Deliana, Evi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Economic rights are the exclusive right of an Authir or a Copyricght Holder to obtain economic benefits to the Work. Economic right may be transferred to a licensed party who has entered into an agreement with the creator. As for several matters which make economic rights an exclusive right, provided for in article 9 paragraph (1) of Law Number 28 Year 2014 concerning Copyright, Creator or Copyright Holder as reffered to in Article 8 has the economic right to do a.Publishing Creation; b.The copying of Creation in all its forms; c. The translation of Creation; d.Adjustment, arrangement, transform Creation; or e.Publication of Works or copies there of; f.Show Creation; g.Problems and objectives to be discussed in this thesis is to know how the form of protection of economicrights law creator.This type of research is normative, because iin this study the authors directly conduct research on legislation that regulates the copyright. The author’s research focus is on protecting the economic right of the creator, to see whether the protection afforded by lawis capable or not to protect the creator’s copyrighted work against the perpetrator of copyright infingemen.From the results of the study it can be concluded that the violation of the economic rights of the creator is still happening, the lack of legal awarenessof the community towards the protection of the economic rights of the creator is still one of the main obstacles in implementing the law and regulations of copyright, therefore the role of the law enforcer in implementing the law copyright is necessary, in order to create the protection of copyright law that is expected by the creator and able to encourage creativity of creators in the work with a sense of security because the creation of a copyright protection is expected during this.Keywords: Legal Protection – Economic Right – Creator – Copyright
ANALISIS YURIDIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 97/PUU-XIV/2016 TERKAIT KONSTITUSIONALITAS HAK PENGHAYATKEPERCAYAAN DI NEGARA KESATUAN REPUBLIK INDONESIA Masco Afrianto Lumban Tobing; Mexsasai Indra; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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A country cannot be regarded as a state of law if the country concerneddoes not give an award and guarantees protection against human rightsproblems. The idea of human rights is built on the principle of equality. Speakingof the characteristics of the Unitary State of the Republic of Indonesia, thatIndonesia is plurality because it consists of various tribes, languages and customsthat spread from Sabang to Merauke. Likewise, there are various religions andbeliefs that are believed by every citizen. Normatively, regarding the legitimacy ofreligions recognized and regulated in laws and regulations, then Law Number 01/ PNPS / Year 1965 concerning Prevention of Abuse and / or Blasphemy ofReligion constitutes the constitutionality of the type of religious dogmaticsrecognized in the Unitary State of the Republic of Indonesia. After the issuance ofthe Constitutional Court Decision Number 97 / PUU-XIV / 2016 which won therequest of the trustees caused a controversy. Where the verdict raises the reasonfor the government to provide legitimacy also for the existence of belief groups inthe NKRI. However, common sense in the community strongly rejects the equalityof rights for the majority of the followers of the religion with the believers.This type of research can be classified as a type of normative legalresearch, this research is descriptive, namely a study that describes clearly and indetail the constitutionality of belief rights in the Unitary State of the Republic ofIndonesia after the verdict of the Constitutional Court Number 97 / PUU-XIV /2016 read out, data sources Secondary data used consisting of primary legalmaterials, secondary materials, and tertiary legal materials, data collectiontechniques in this study with the library study method, after the data collected isthen analyzed to draw conclusions.From the results of the research problem three main things that can beconcluded. First, the problem of fulfilling the Human Rights of the Believers in theUnitary State of the Republic of Indonesia. second, the existence of Believers inIndonesia after the Constitutional Court Decision concerning Trustees. Third, andthe researcher gave an ideal concept related to the fulfillment of the constitutionalrights of the believers in the Unitary State of the Republic of IndonesiaKeywords: Constitutionali – Human Rights – Inmates of Trust
MEDIASI PENAL SEBAGAI ALTERNATIF PENYELESAIAN PERKARA TINDAK PIDANA KECELAKAAN LALU LINTAS YANG MENGALAMI KERUGIAN MATERIAL OLEH KEPOLISIAN RESOR KOTA PEKANBARU Lidya Astari; Erdianto '; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Police investigators may actually conduct penal mediation through peace between the victim and the suspect in traffic accident cases suffering material loss. Polri has the authority to stop or continue a case in the criminal justice process for certain reasons. The legal basis that can be used is Article 18 paragraph (1) of Law Number 2 Year 2002 regarding the Police of the Republic of Indonesia, which reads for public and public interest, the officer of the Indonesian National Police in performing its functions, duties and authorities may act in its judgment own.The type of research used in the writing of this law is the study of sociological law by case study method is the method used to research the truth of an event / event that occurs by observing an object in the form of circumstances, individuals and communities. If viewed from the nature of this research is classified as descriptive. The study uses the primary data that is data obtained from the field through interviews and secondary data ie data that has been so.The result of this research is the implementation of penal mediation as an alternative to the settlement of traffic accidents case that experienced material loss by Pekanbaru Resort Police done when there is material loss and minor physical injury suffered by the victim, the mutual agreement between the two parties litigation ie victim and suspect or family related case traffic accidents suffered as well as compensation, a non-demanding statement from the victim to the case and did not want the case to proceed to the next stage; the investigator performs a title of the case against the traffic accident that has been resolved through the mediation of the penal. The obstacles in the implementation of mediation of penal as an alternative of case settlement in the case of traffic accident by Jember Police can be distinguished in 2 (two) internal factors, for example: in applying penal mediation to criminal cases because there is no clear and firm rules governing penal mediation but based solely on discretionary authority possessed by the police alone, there is no equal understanding of the investigators regarding the implementation of this penal mediation, as well as the absence of SOPs Standard Operating Procedure) concerning penal mediation mechanism on criminal case including in case of traffic accidents having material loss. External Factors, for example: victims who are not willing to be settled by penal mediation and still demand that the case be continued to the next stage, uncooperative suspects in the conduct of investigations thereby impeding penal mediation, the failure of the agreement between the victim and the suspect or his family.Keywords: penal mediation, criminal offense, traffic accident
ANALISIS YURIDIS PUTUSAN HAKIM TERHADAP NOTARIS YANG MERUBAH ISI MINUTA AKTA PERJANJIAN TANPA PERSETUJUAN PARA PIHAK (Studi Kasus Perkara Nomor 42/Pdt.g/2013/Pn.pbr) KARTIKA WILY; Maryati Bachtiar; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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An institution with its devotees is assigned bythe Law requires such or desired by the public to produce written evidence that has authentic powers. This makes the Notary Institutions very necessary. Notary has an obligation to make deed in the form of Original of the deed. This deeds are kept as part of the Notary Protocol. From that deeds, the Notary is obligated to issue Grosse Deed, Official duplicate copy of the deed and Extract of the deedto the person directly concerned with the deed, heirs, or other person obtaining rights, unless otherwise provided by law. In order to prevent misuse of the trust given by the Law to Notary, it must be ensured the rights and obligations of the parties for the sake of certainty, order and legal protection for the interested parties as well as the society as a whole. Therefore it is necessary to supervise the task of Notary always in accordance with the rules of the underlying law. The Judge through the decision of a case of change of the Original of the deed shall contain the grounds and grounds of the decision, containing certain articles of the relevant legislation or source of the unwritten law as the basis for judgment and the determination and decision shall contain judicial judgment based on the right legal basis and correct. The purpose of writing this thesis are to know; firstly to know the legal force against the Deed of Cooperation Agreement No. 149 in Case Number 42/Pdt.g/2013/Pn.pbr. Secondly, to find out the civil ruling imposed has been in accordance with the sense of justice.This research is normative law research or literature research. The research data is obtained from literature research using juridical approach method, which is analyzing the problem from the point of view or according to the law or the applicable law. This research is conducted by examining primary data such as case file with Case Study Case Number: Number 42/Pdt.g/2013/Pn.pbr. This research is Descriptive Research which purpose is to describe or illustrate clearly and in detail.From the research there are two main points that can be concluded; Firstly, the deed may be canceled because it does not complywith the subjective element of disagreement of the parties regarding the contents of the cooperation agreement. The agreement is null and void, because it does not meet the objective requirement which is a valid requirement of the agreement. Therefore the Notary can be held accountable by law and the code of ethics of the Notary profession. Secondly, the Judge takes little consideration of the evidence and intentions of the parties in making such a deed. The legal certainty set forth in the judge's decision is a result based on judicial facts relevant to the jurisdiction and considered with conscience.Keywords: Decision Analysis - Original of the deed - The Parties
IMPLEMENTASI PERLINDUNGAN HUKUM TENAGAKERJA OUTSOURCING YANG DITEMPATKAN PADA TOKO INDOMARET DIKELURAHAN DELIMA PEKANBARU Delfi Aris Wanto; Hayatul Ismi; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Outsourcing workforce protection that is placed in the Indomaret store in Kelurahan Delima Pekanbaru needs to be done, this is because there are still many employers or companies who consider that workers are lowly slaves who can be treated at will. As a result of the employer's treatment, of course, many workers' rights as a human being are broken, the employer should treat the workers in a human condition and must follow the rules of the applicable laws.The issues discussed are first, concerning the employment agreement made between employers and workers based on Law No. 13 of 2003 on Manpower, and Second what form of legal protection provided by employers for workers under Law No. 13 of 2003 on 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 are primary data and secondary data, namely directly through respondents (field), Law No. 13 of 2003 on Employment, Civil Code, 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, found that maih there are rights of workers who are violated by employers or companies, so that workers are not directly harmed. Therefore, based on this law protection is required for outsourced workers working in Indomaret stores from the government.Keywords: Outsourced workers, Legal protection, Worker and Employee Rights
TINJAUAN YURIDIS TERHADAP PENGGUNAAN PLAT NOMOR KENDARAAN BERMOTOR YANG DIMODIFIKASI DI INDONESIA Ridhotul Hairi; Dessy Artina; Ferawati '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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The modification process indeed produces its own satisfaction for the owner, but it is very unfortunate because the results of these modifications often do not pay attention to legal norms and rules so that these modifications result in violating existing laws. An example is the use of modified motor vehicle license plates. In Indonesia the crime of violating the modification of motor vehicle license plates has not been clearly regulated in the laws and regulations. But it is only regulated, namely for every person who is not fitted with a license plate or motorized vehicle number that is official or determined by the police regulated in Article 280 of Law Number 22 Year 2009 concerning Road Traffic and Transportation.The research method in this study. 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 review. After the collected data is then analyzed qualitatively and draw conclusions with deductive thinking method that is analyzing the problem from a general form to a special form.From the results of the problem research, there are two main things that can be concluded, First, the regulation of sanctions on the use of modified motor vehicle license plates based on Indonesian positive law refers to criminal penalties. Law Number 22 Year 2009 concerning Road Traffic and Transportation. Second, the imposition of sanctions is ideal to be applied to motorists who use modified motor vehicle license plates in Indonesia. The imposition of sanctions on violators of criminal offenses must be given special sanctions that can make deterrent such as imprisonment sanctions or fines.Based on this, Indonesia should make further rules regarding criminal offenses to modify motorized vehicle number plates into a form of legislation such as laws on traffic and road transport and weighting penalties by giving appropriate sanctions to the offenses.
KEBIJAKAN HUKUM PIDANA DALAM PENANGGULANGAN PENGGUNAAN DOPING OLEH ATLET Kusuma, Wimroh Putut Wijaya; Artina, Dessy; ', Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Doping is the administration of drugs or ingredients orally or parastallyto an athlete with the aim of increasing unnatural precision. In the Republic ofKenya, imprisonment and fines are imposed on athletes who have been proven touse doping in sports competitions contained in the Act of Kenya Anti-Doping ActNumber 5 of 2016. While in Indonesia doping is regulated in Law Number 3 of2005 concerning the National Sports System and Government Regulation Number17 of 2007 concerning the Implementation of Sports Week and Championship,which clearly prohibits the use of doping in every sports competition. However,there is a void of norms in the rules to become a fundamental problem in lawenforcement in carrying out these rules. The purpose of writing this thesis is:First, to find out the regulation of the ban on doping by athletes in Indonesia.Second, to find out the ideal concept of criminal law policy in overcoming dopinguse by athletes in Indonesia.This type of research can be classified in the type of normative legalresearch, because in this study the authors conducted research by examininglibrary materials. The data sources used are secondary data consisting of primarylegal materials, secondary legal materials and tertiary legal materials, becausethe authors conduct research on the principles of law by utilizing descriptivemethods to provide an overview of the handling of doping use by athletes.From the results of the study it can be concluded, First, the regulation onthe prohibition of doping use in Indonesia is regulated in Law Number 3 of 2005concerning the National Sports System System and Government RegulationNumber 17 of 2007 concerning the Implementation of Sports Week andChampionship. Second, the ideal concept of criminal law policy in the effort toovercome the use of doping by athletes requires a criminal law policy by applyingseveral stages, namely the formulation (legislative) stage, application (judicative)stage and execution (executive) stage. In hopes of redesigning doping rules inIndonesia and so that athletes understand the doping dangers for health and thegovernment to impose criminal sanctions in doping laws as well as in Kenya.Keywords: Doping-Use-Athlete

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