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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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PEMUTUSAN HUBUNGAN KERJA ANTARA PT.BORMINDO NUSANTARA TERHADAP KARYAWAN TANPA PEMBERIAN UPAH PROSES David Bernando; Hayatul Ismi; 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

Employment Development should be regulated in such a way as to fulfill fundamental rights and protections for the workforce and at the same time be conducive to the development of the business world. Termination of Employment by the Employer / Company against the Worker / Laborer because the worker / laborer has suffered work accident causing the worker / laborer who according to the doctor's statement can not perform his job which has been agreed in the work agreement less than 12 months continuously. The issues discussed are firstly how the judges' consideration in consideration decide the case Number 772 K / Pdt.Sus-PHI / 2016. Secondly whether the decision of the case Number 772K / Pdt.Sus-PHI / 2016 has been decided fairly in accordance with Law Number 13 Year 2003 on Manpower. The research method used is normative juridical research that is library research where this research is bebasis research norm of law. In data collection, the type of data used in this study is primary data and secondary data, namely through legislation and from official documents, books and also the results of tangible research. The data analysis is done descriptively and deductively deduced.From the results of research conducted by the author on the basis of the case of termination of employment, the judge is of the opinion that in the case of termination of this employment has been legitimate so that there is no need for payment of wage process to the workers and also the judge in deciding the case has been mistaken in applying the principle of justice.Keywords: Termination of Employment - Labor - Process Wage
ANALISIS PELAKSANAAN KEBIJAKAN PUBLIK DIBIDANG PELAYANAN KESEHATAN MELALUI BPJS DI KOTA PEKANBARU BERDASARKAN UNDANG-UNDANG NOMOR 25 TAHUN 22009 TNTANG PELAYANAN PUBLIK JUNCTO UNDANG-UNDANG NOMOR 24 TAHUN 2011 TENTANG BADAN PENYELENGGARA JAMINAN SOSIAL Teguh Santoso; Emilda Firdaus; Mexsasai Indra
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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BPJS Kesehatan Pekanbaru branch is a body formed to carry out public policy namely the National Health Insurance program (JKN) in the city of Pekanbaru. But in the field implementation there are still a number of problems in the implementation of public policies for public health insurance programs, especially in the implementation of health services. The purpose of this thesis writing, namely: First, the implementation of public policy in the field of health services through BPJS Health in the city of Pekanbaru, Second, Constraints faced in the implementation of public policy in the field of health services through BPJS Health in the city of Pekanbaru, Third, the efforts made by BPJS Health to overcome hambata -hambata in the implementation of public policy in the field of health services through BPJS Health in the City of Pekanbaru. This type of research can be classified in the type of sociological research, because in the study the author directly conducts research on the location or place studied in order to provide a complete and clear picture of the problem under study. This research was conducted at the Pekanbaru branch of BPJS Health office and also in several health facilities that became partners of the Pekanbaru BPJS Health branch, while the Population and Samples were all parties related to the problems examined in this study, data sources used, primary data, data secondary, and tesier data, data collection techniques in this study with observation, interviews, and questionnaires and literature study. From the results of the research problem there are three main things that can be concluded. First, in the implementation of public policy in the field of health services through BPJS Health is still not satisfactory. Second, the constraints faced are in the scope of BPJS health, in the implementation of health services, and in the community sector; third, the efforts made are by the cooperation of stakeholders related to the implementation of public policy in the field of health services through BPJS Health in the city of Pekanbaru. The author's suggestion, first, so that the Pekanbaru BPJS branch can implement the SOP properly in accordance with the prevailing laws and regulations, secondly, to further enhance the active role of the community and also intensify the socialization; thirdly, invite the parties to be more proactive in implementation of public policy in the field of health services through BPJS Kesehatan in the city of Pekanbaru. Keywords: Implementation – Public Policy - BPJS Kesehatan - Pekanbaru City
Pertanggung jawaban Pidana Pengurus Yayasan Panti Asuhan Tunas Bangsa Terhadap Tindak Pidana Kekerasan Anak Menurut Undang-Undang Nomor 35 Tahun 2014 Tentang Perlindungan Anak Di Wilayah Hukum Kota Pekanbaru Sintia Monika; Dessy Artina; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Abstract

Some actions of the management of the foundation have even led to criminal actions. For example,letting the owner of an orphanage violate children in an orphanage, knowing the owner of an orphanagefoundation has committed a crime of violence but does not prevent it, is negligent in carrying outstewardship duties as it is so that the victim dies. So far, very little punishment has been carried out on themanagement of the foundation, even though the sentence is clearly condemned because the management ofthe foundation is one of the legal subjects. The absence of punishment against the foundation's managementwas the background of this research. In accordance with the description above, the authors are interested inconducting research under the title Criminal Liability Against Administrators of the Tunas BangsaOrphanage Foundation Against the Crime of Child Violence according to Law Number 35 of 2014concerning the Protection of Children in the Legal Territory of Pekanbaru City. This thesis aims to find outwhether or not administrators of the nation's orphanage foundations can be held accountable or not if thereis a criminal act in the nation's foster home foundation and to find out how the nation's foster careinstitutions are convicted so that the orphanage foundation administrators can be convicted.The type of research used in writing this law is empirical sociological legal research, namely themethod or method used in legal research conducted by examining existing library materials by looking atevents or facts that occur in the social environment. The nature of this research is descriptive. This studyuses primary data, namely data that the author gets / gets through respondents (field) that are in accordancewith the problem and secondary data, namely data that has been prepared.From the results of the problem research there are two things that can be concluded, firstly, themanagement of the foundation can be criminal if there is a crime that causes casualties because themanagement is an important organ in the foundation. Second, the punishment of the management of thefoundation can be carried out in accordance with the Foundation Law and the Child Protection Act.Keywords: Accountability, Foundation Management.
PERLINDUNGAN HUKUM TERHADAP HAK – HAK PRAMUGARA TRANSMETRO PEKANBARU BERDASARKAN UNDANG – UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN lasoma, Kalys khairy; ', Firdaus; 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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Abstract

Regional Regulation as implementing regulations that specifically regulates Traffic and Road Transportations in Pekanbaru is Regional Regulation Number 2 year of 2009 about Traffic and Transportations in Pekanbaru. Everyone who wants to open parking area outside the road parking facilities are required to have permission from the local government which is stated in Article 259 paragraph (1) Regional Regulation No. 2 year of 2009 about Traffic and Road Transportations in Pekanbaru. However, not everyone who is opening parking area facilities have the permission of the Local Government Pekanbaru.Based on the result of the research, there are three formulation of the problems. First, the implementation of the provisions of criminal or criminal prosecution against theoffenders of illegal parking management in junior high schools area has basically done, forms of crime has been given by the Department of Transportation, Communication, and informationsof Pekanbaru are not in accordance with what has been stated in Regional Regulation Pekanbaru No. 2 year of 2009 on Traffic and Road Transportations in Pekanbaru which are imprisonment and fine. However, only punishment of fines and penalties that are not in accordance with the Regional Regulations. Second, obstacles of the implementation of the penal provisions against the offenders of illegal parking management in junior high schools area in Warpoyan Damai district in terms of personnel, in terms of casualties, and the terms of their perpetrators.Third, the efforts are being made to overcome the barriers to the implementation of the penal provisions against theoffenders of illegal parking management in junior high schools area in the District of Marpoyan Damai is in terms of personnel, in terms of casualties, and the terms of their perpetrators.
PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN TINDAK PIDANA DARI PEMBERITAAN MEDIA MASSA DI KOTA PEKANBARU NATANIKA, YOMI; ', Erdianto
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Abstract

Legal protection for children as victims of criminal acts, one of which is avoidance from publication of their identity as regulated in Law Number 11 of 2012 concerning Child Criminal Justice System Article 19 paragraph (1) and (2). But there are still some media / press that publish the identity of the child completely and clearly both in print and electronic media, it can have an adverse impact on the growth and development of children physically, mentally or socially. The purpose of this study was to find out how legal protection for children as victims of criminal acts from mass media coverage in the city of Pekanbaru and how the influence of mass media coverage of children as victims of the crime.This type of research can be classified in the type of sociological juridical research, because in this study the author directly conducts research on the location or place studied in order to provide a complete and clear picture of the problem under study.This research was conducted in the city of Pekanbaru. while the population and sample are all parties related to the problem under study in this study, the data sources used are primary data, secondary data and tertiary data and data collection techniques in this study observation, interviews and literature review.Legal protection for children as victims of criminal acts whose identity is published is the recovery of good name for the child must also be done so that later the child does not feel afraid when dealing with the surrounding community. The results of this research can be interpreted as any legal protection efforts against freedom and rights child rights and various interests related to child welfare. Legal sanctions are accepted by anyone who violates the obligations as referred to in Article 19 paragraph (1) shall be punished with a maximum imprisonment of 5 (five) years and a maximum fine of Rp. 500,000,000.00 (five hundred million rupiahs). Suggestions in this thesis research, it is hoped that media / press journalists will better understand the applicable legal regulations so that later there will be no more negligence such as publishing the identity of children who are victims of criminal acts.
Penyelesaian Tindak Pidana Kecelakaan Lalu Lintas Yang Menyebabkan Kematian Melalui Hukum Adat di Kecamatan Pujud Firman, Fantias; ', Firdaus; ', Erdianto
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Contractor Traffic and road transport have a strategic role in supporting nationaldevelopment and integration as part of efforts to promote public welfare as mandated by the 1945Constitution of the State of the Re public of Indonesia. Road transport is organized in order torealize the traffic and road transport safely, safe, fast, smooth, orderly, and regularly comfortableand efficient, able to integrate other means of transportation, reach all corners of the land area, tosupport equity, driving and supporting national development at a cost affordable to the purchasingpower.Judging from the development of human life, the occurrence of the law starting from thehuman person who is given by God the mind and behaviors that are continuously carried out byindividuals lead to personal habits, if personal habits are imitated by others, then he will alsobecome the habit of that person. Then if all members of the community practice this then graduallythe habit becomes the custom of the community, so adat is the custom of the community, andcommunity groups gradually make the adat as custom which should apply to all members of thecommunity with sanctions, so become customary law. Customary law is what is accepted and mustbe carried out in the community concerned. In order to maintain the implementation of customarylaw so that there are no irregularities or violations, then among the members of the communitythere is a duty to watch over. Thus, gradually these officers became customary heads.One of the areas in Riau Province that still adheres to customary law is the Pujud area ofRokan Hilir Regency, previously Pujud is a village that has the nickname Kampung Melayu Pujud.In 2011 there has been a criminal act involving traffic accidents causing deaths occurring withinindigenous communities in Kecamatan Pujud that can be resolved through customary law throughconsensus negotiations of indigenous peoples, and customary elements and both parties concernedwith criminal acts the. Traffic Accidents are unexpected and accidental incidental streets involvingvehicles with or without other road users resulting in human casualties and / or human losses.In this case there are differences between national law and customary law, this case thefamilies of the suspect and the victim reported to the local Ninik Mamak so that this serious mistakewas quickly resolved and did not become a grudge between the two parties concerned and broughtto the ground of positive law. The culprit is Mr. Ucok and the victim who died was Tina, the causeof which was the negligence of the victim himself, if the victim rode a motorcycle by speeding andpassing his motorcycle to nudge the car until he had an accident and the victim died.Keywords: criminal – Traffic Accident – Dead
Tinjauan Yuridis Terhadap Anak Berkewarga-negaraan Ganda Dalam Prespektif Hukum Nasional Dan Hukum Internasional Fattah, Ilhamda; 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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Law Number 12 Year 2006 Concerning Citizenship is the legal basis for the protection of children withdual nationality. Children with dual nationality are subject to two jurisdictions, and when examined in terms ofinternational law dual citizenship has potential problems, for example in terms of determining personal statusbased on the principle of nationality. Therefore, the purpose of this thesis writing is: First, the knowledge ofjuridical review of children with dual nationality in the perspective of national law. Secondly, the knowledge ofjuridical review of children with dual nationality in the practice of other countries.Type of research is the type of normative research is a study that discusses the comparison of laws insome countries. Sources of data used are primary data, secondary data and tertiary data. data collectiontechniques in this study by using literature review method that researchers analyze based on books, legislationand other literature related to the problems studied.The conclusions can be obtained from the research results are: First, in the perspective of national lawthat is based on Article 6 of Law Number 12 Year 2006 About Citizenship is granted the freedom for dualcitizenship until the children are 18 years old or until they get married. After the age of 18 years or married thechildren must choose their citizenship, whether to follow their father or become citizen. Secondly, the practiceof other countries such as according to Chinese law every citizen of the treaty countries (Indonesia-RRT) willbe given two years to choose one of citizenship. According to German law the children of foreigners born inGermany automatically become German citizens, provided that both parents of the child live in Germanylegally and within the specified period of the German citizenship law. Suggestion writer that is need to do effortprotection of childhood dual citizen and to realize welfare of child by giving guarantee to fulfill its rights andexistence of treatment without discrimination.Keywords: Children Dual Citizenship -Prespectives of National Law- International Law Perspective
PELAKSANAAN PERJANJIAN JUAL BELI ONLINE (E-COMMERCE) PADA ONLINE SHOP MONSTREATION Rahmayani Indrasari; Firdaus Firdaus; Ulfia Hasanah
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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Online buying and selling deals are pecianities that bind the need to spend the same amount ofgoods, and other parties acting as buyers tie in to buy something prices and transactions are made using theinternet network. Online shop Monstreation has unique products and jackets in the clothing business offeredon social media. One of them is Instagram. Surely an online shop has several provisions that must be obeyedby the parties so that no loss occurs. Becase of its virtual nature that allows the parties not to face eachother, there will be several disputes.This type of of research is sociological legal research, namely research in the form of empiricalstudies to find theories about the process and the process of working the law in society. In this case theauthor serves the implementation of an online sale and purchase greement (E-commerce). This researchwas conducted at the Monstreation Online shop in the city of Pekanbaru. The population and sampe areonline shop Monstretation and the sampe is buyer at the online shop Monstreation.From the results of the study the authors concluded that the implementation of an online buying andselling agreement (E-commerce) between online shop Monstreation and buyers has not been carried outproperly, this is seen from: First, Default made by Monstreation online shop such as: production defects,late production and shipping of goods. Second: defaults from other buyers, namely: transactioncancellation, asking for compensation that incriminates the online shop. The author's suggestion, First, forthe online shop Monstreation to provide clearer information about products and improve the productionprocess of clothes and jackets, while for buyers to do not cancel the orders, for parties to obey their rightsand obligations. each party well. Second, in a relationship there needs to be good communication betweenonline buying and selling agreements, it is necessary for the parties to establish good communication so thatthe agreement is implemented according to the expectations of the parties so that disputes in theimplementation of online buying and selling can be overcome.Keywords: Buying and selling agreement - Online Shop Monstreation - Default
KEDUDUKAN ANAK ANGKAT TERHADAP HARTA WARISAN ORANG TUA ANGKATNYA BERDASARKAN HUKUM ADAT KAMPAR DI DESA EMPAT BALAI KECAMATAN KUOK Rinu Nabilla; Maryati Bachtiar; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Based on Article 1 of Act Number 1 Concerning Marriage, it is startedthat Marriage is a spiritual bond between a man with a woman as husband andwife with the aim of forming a family (a happy and eternal household based onthe Almighty God). The presence of a child is a gift and a complement to thefamily. But, if a husband and wife do not have children, there is anotheralternative, namely the adoption of children. The purpose of writing this thesisis, first, to find out how the position of adopted children to the inheritance ofadoptive is based on Kampar Customary Law. Second, to find out the proses ofsettlement of disputes on inheritance of adoptive parents againts their adoptedchildren based on Kampar Customary Law.The type of research can be classified in the type of Sosiological Lawresearch that is research on the location or place studied. This research wasconduced in the Four Village, Kuok Sub-District, Kampar District, RiauProvince, which is a research to see the correlation between customary lawprevailing in the midst of society. From the results of this research there aretwo things that can be concluded. First, the position of adopted children incostumary law is the same as biological children. Secondly, in settlement ofdisputes that occur within the costum law’s community, assostance is requestedfrom the community or Ninik Mamak from each tribe to settle disputes or find asolution to the problem of the child.This the right inherit to adopted children against their adoptive parentsstill applient in the Kampar Costumary Law based on the Kampar Costumaryphilosophy, namely: the law in encoded Syara’, syara’ encoded in thekitabullah. The authors suggestion, first, the adopted child should respect hisadoptive parents like biological child of the family. Second, the role of NinikMamak i resolving child disputes must be more active in order to avoidongoing disputes.
PENYELESAIAN TINDAK PIDANA PENCURIAN DI LUAR PENGADILAN BERDASARKAN HUKUM ADAT DI DESA TANJUNG ALAI KECAMATAN XIII KOTO KAMPAR KABUPATEN KAMPAR Randi Ramadhan; Erdianto '; Ferawati '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Abstract

The customary settlement is an alternative which with the accumulation of cases in the Court, this customary settlement effort can be made as a reference to cases of minor criminal acts such as happened in Tanjung Alai Village in accordance with the customary provisions in each region, so customary settlement is also important to anticipate the accumulation of cases in court. The legal consequences that occur when the settlement of criminal theft is done through customary law, while the legal consequences that can be applied to the case of criminal theft ie: Bearing the goods stolen around the market in the Village Tanjung Alai or in the crowd with head in the bald, Replacing for stolen items, and Paying the customary fine which is in the form of 1 (one) goat.Essentially, evil is an act that is perceived as a deviant act. Settlement of criminal cases, In addition to settling them before the court, in the community of Tanjung Alai, there are still cases of crimes that are solved through customary law. This study aims to determine the existence of customary law and sanctions against violators of criminal law and whether the type of effective inisancsi as the legal basis in solving this case

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