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Tinjauan Yuridis Terhadap Penyusunan APBD Kota Pekanbaru Tahun 2015 Rialdo Putra; Dodi Haryono; Abdul Ghafur
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Problems budgeting in attestation Pekanbaru City budget in 2015, it was the intervention of Parliament too strong budget right where legislators often propose activities that stray away from the proposed community planning forums. Recess schedule of Parliament with Musrenbang process that does not match Musrenbang already done, the new parliament recess resulted in many proposals of Parliament which then appears and changes the results Musrenbang. This legislative intervention based on the possibility of political motives for seeking the interests of constituent support so that legislators act like Santa Claus which divide the project.This study using sociological juridical approach. Sociological juridical research or empirical research approach is to look at in terms of the fact that occur in the field. While the descriptive nature of the research is aimed at providing a clear picture of the issues examined.The results of this study are: First, the district chief submitted a draft regional regulation on accountability of the budget to Parliament no later than 6 (six) months after the fiscal year ends, while the joint approval of the draft local regulations meant most lambat1 (one) month after the draft local regulations accepted by parliament. Implementation of the Fiscal Year 2015 budget changes must be made after the establishment of local regulations on accountability of the budget for Fiscal Year 2014 and the agreement between the regional government and parliament to draft local regulations on Amendment Fiscal Year 2015 budget is set at the latest by the end of September 2015. Second, Budgeting Pekanbaru city Fiscal year 2015 has been delayed due to new ratifications held in June of the fiscal year running. In the drafting process has been delayed due to the relationship the Executive to the Legislature responsible for the budget process Pekanbaru City Fiscal Year 2015 is less harmonious led to discussion of budget to be blocked, so that the determination of what must be done one month before the fiscal year can only be set by June 2015 or six months into the current fiscal year. In addition to these factors, delays in the preparation process is also influenced by political communication, leadership Regional Head, and Political CorruptionKey Word : Preparation - Budgets - Pekanbaru

PENERAPAN SISTEM SOFT BIKAMERAL DALAM PARLEMEN DI INDONESIA Taufik Hidayat; Dodi Haryono; Abdul Ghafur
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Legislative power which is also commonly referred to as the parliament is the principal institution in the country. Parliament has a significant role in the development and progress of a country. In general, the structure of the parliament in the world divided into two parliamentary two rooms and one room. Changes in the structure of Indonesian parliament after amendments to the Constitution of the Republic of Indonesia of the two-room system using a soft (soft bicameral). With the use of soft bicameral system then one of the rooms are deliberately limited constitutional authority. The implications of the application of soft bicameral system resulted in DPD performance experienced inefficiency until no significant impact on results (output) of the current parliamentary system ini.Purpose of this thesis, namely; First, the application of soft bicameral system in the Indonesian parliament, Second, improvement of soft bicameral system in the Indonesian parliament.This research is normative, which is done with the approach to find the law for a case in concerto, namely the approach of looking for how to find the relevant facts, then find the law in abstracto the right to object under study. Data sources used include primary data, secondary data, and the data tertiary. Data collection techniques using literature studies.From the research problem there are two main things that can be inferred. The first preliminary design DPD is not formed based on the context of checks and balances between the rooms in the parliamentary system (just as the subordination of parliament) so that the parliament has become lame, no institution but not functioned optimally,. Second, the problem lies in the constitution it is necessary to change the constitution by perfecting the current parliamentary system from soft to strong bicameral bicameral. Suggestions writer, First, improvements pattern DPR and DPD relationship should be mutually reinforcing regional interests accommodated maximum order, through product quality legislation will lead to the advancement of the nation, second, through changes to the constitution to encourage efforts to improve the system in the direction of strong bicameral parliament.Keywords: Parliament - Soft bicameral - strong bicameral

AKTUALISASI ASAS OTONOMI DALAM UNDANG-UNDANG NOMOR 23 TAHUN 2014 TENTANG OTONOMI DAERAH Hera Fauziah; Mexsasai Indra; Abdul Ghafur
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Regional autonomy in Indonesia have set up a republic constitution in 1945 after the amandements stipulated in article 18 republic constitution 1945. Autonomy regulate the principle of decentralization, deconcentration and assistance. One such principle is decentralization. In development since Indonesia’s independence to reform implementation. The principle of decentalization in legislation to increase local autonomy towards regional autonomy in accordance with the constitutional mandate, but from the juridical aspect, namely the law number 23 of 2014. Has not been able to pt the principle of decentralization as a cornerstone in the implementation of regional autonomy, the actualization of law number 23 of 2014 leading to a centralized regional autonomy. Causing imbalance affairs division of authority between the center and regions. Based on this understanding the writing of this formulated two formulation of the problem. First, how is the actualization of the principle of local autonomy in the law number 23 of 2014, the second whether laar behind changes in the law number 23 of 2014.The kind of research is legal normative and descriptive analysis. Data sources supported by the data source of primary, secondary and tertiary data. Data collection techniques used is the study of literature. After data is collected than analyzed qualitatively, then concludes with a deductive method of thinking to analyze the problems of the general form into special shapes.O the research problem, there are two main things that can be cocluded, first, the principle of local autonomy principle enshrined in the law of local government has not been able performing well. This is because some of the content of article 23 of 2014 the changes are not consistent with the spirit of regional autonomy development, second, some of the provisions of clauses in the legislation led to a shift of power centers that make desentralization to authoritarian.Keywords : actualization – the principle of local autonomy

IMPLIKASI UNDANG-UNDANG NOMOR 8 TAHUN 2015 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 1 TAHUN 2015 TENTANG PENETAPAN PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG NOMOR 1 TAHUN 2014 TENTANG PEMILIHAN GUBERNUR, BUPATI, DAN WALIKOTA MENJADI UNDANG-UNDANG TERHADAP PENYELESAIAN SENGKETA HASIL PEMILIHAN KEPALADAERAH DI MAHKAMAH KONSTITUSI Arif Ramadhan Sy; Mexsasai Indra; Abdul Ghafur
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Local elections democratically elected as mandated by the Constitution of the Republic of Indonesia, to prioritize the people's democratic sovereignty so dilaksanakanlah local elections directly elected by the people. The elections based on Law No. 8 of 2015 held simultaneously. Implementation of simultaneous elections in 2015 led to the implications for the Constitutional Court and also has implications for the judgments of the Constitutional Court.The conclusions in this study, First, some things that have implications on Law No. 8 of 2015 in the Constitutional Court that the buildup of cases in the Court, when the settlement is only 45 days in the Constitutional Court, filing an application for a maximum of 3 x 24 hours, and terms petition filing that is the difference in vote totals at most 2 percent. Second, There are three (3) things that have implications on the judgments of the Constitutional Court on the settlement of election disputes, namely, implications on the Constitutional Court itself, have significant implications for candidates who dispute and also the electoral commission local area, and impilcations for local area influential for the wheels of local government in the dispute. Advice writer, first, not the accumulation of cases the need for special court established to resolve election disputes so that the completion of election disputes more effective, Second, to avoid the occurrence of a Constitutional Court ruling does not lead to justice the Constitutional Court to take a decision in election disputes this should really consider that it is a matter of dispute the local elections is indeed in violation of the TSM so no results.Keywords: Implications – Law Number 8 In 2015 – To Guardian Constitutional

PERLINDUNGAN HUKUM TERHADAP HAK PEKERJA ANAK BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2014 TENTANG PERLINDUNGAN ANAK Adi Putro; Mexsasai Indra; Abdul Ghafur
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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In order to guarantee the protection of working children has been issued legislation, which is no principle prohibits children to work and when compelled to work, then normatively children must be guaranteed adequate legal protection. Therefore, the central government and local governments should strive oversee the implementation of legal products in order to protect the interests and constitutional rights of the child.This type of research is a normative legal research writer. Normative legal research is legal research doctrinaire, also referred to as a research library or study documents that put emphasis on secondary data. Data collection techniques in this research is the study of literature, the author quotes from books, literature, or supporting books relating to the issues to be studied. The results of this thesis research legal protection for children can be interpreted any attempt berbgai legal protection of the freedoms and rights of children as well as the various interests related to child welfare. The problem of child labor is influenced by factors causing child labor, namely: economic factors, factors of parents, environmental factors. The suggestion author on the legal protection of the rights of child workers under Act No. 35 of 2014 on the protection of children, namely: First, the Government of Indonesia to revise Law No. 35 of 2014 on Child Protection that regulates the provisions or minimum ages for work permits, establish appropriate regulations regarding work hours for child labor and conditions of work for child workers, determine the types of work that is harmful to the child laborers.second, For the parents are expected to be more directed his son to study well in school up to high school level to potentially improve the family economy. Third, the Community should contribute to oversee all the activities of children so that children do not fall in an environment of likelihood of child endangerment.Keywords: Protection-Rights of the Child-Child Protection.

KONSTITUSIONALITAS PERATURAN PEMERINTAH PENGGANTI UNDANG - UNDANG NOMOR 1 TAHUN 2014 TENTANG PEMILIHAN GUBERNUR, BUPATI DAN WALIKOTA Abdul Kapi; Emilda Firdaus; Abdul Ghafur
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Government Regulation in Lieu of Law - Law (PERPPU) is a rule of law issued by the President. That in the constitution and the Law - Law No. 12 of 2011 Concerning the Establishment Regulations - Invitation, and also set out in the Constitutional Court decision, it is given the authority by to President to publish, without the approval of the House of Representatives first. Even after the President issued Government Regulation in Lieu of Law - Law must be submitted to Parliament for discussion at its next session. In the issuance of Government Regulation in Lieu of Law - Law countries are in a state of emergency or urgency that forces, for the government in this regard the President as the key policy-makers, it must act quickly to overcome all permasalahanya. In the constitution in the issuance of Government Regulation in Lieu of Law - Law, what if guided by legal rules that govern them, then it is considered the constitutionality of the top publishers.Or in accordance with the constitution or rules of law. In the case of the issuance of Government Regulation in Lieu of Law - Law No. 1 of 2014 About Election of governors, regents and mayors, in which regulated the election mechanism Governors, Regents and Mayors conducted directly by the people, and in the Act - Act before that Act - Law Number 22 Year 2014 About Election governors, regents and mayors, the Act - This Act also regulates the election mechanism Governors, Regents and Mayors conducted a representative, or by the Legislative Council, Law - Law this is rejected by society in general, so diterbitkanya Government Regulation in Lieu of Law - Act to reinstate the right of people to choose or determine the choice of the head region.Keywords: constitutionality - in lieu of government regulation - legislation

TINJAUAN YURIDIS KEDUDUKAN KEUANGAN DESA BERDASARKAN UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA Tegar Firmandani; Emilda Firdaus; Abdul Ghafur
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Rural Financial position based on Law Number 6 Year 2014 About Desa use of Article 18B paragraph (2) of the Constitution of the Republic of Indonesia Year 1945 as an legal fundament. But juridical Law Number 6 of 2014 on regulating the village especially problematic because the Financial village of Article 18B paragraph (2) does not regulate the village but set the unity of indigenous people. The arrangement of the traditional village of in accordance with the norms of Article 18B paragraph (2) of the Constitution of the Republic of Indonesia Year 1945. However, the setting of the village of New Order juridisnya questionable validity. The aim of this thesis, namely; First, to find out how the financial position of the village. Secondly, to find out how the ideal form of financial arrangements villages.This research is normative, which made the approach to find the law for a case in concerto. that approach find how to find the relevant facts, then find the law in abstracto the right to object under study. Data sources used include primary, secondary, and tertiary data. Data collection techniques using literature study.From the research, there are two main problems that can be inferred. First Position based Rural Finance Act Number 6 of 2014 Concerning the Village is basically very similar to the concept of State Finance. Second, Act Number 6 of 2014 concerning the village should be in Judicial Review by the Constitutional Court prior to this Law governing the Village of New Order is contrary to the Constitution of the Republic of Indonesia Year 1945, the legal fundament. Suggestions author, First, suggest to the Constitutional Court to annul Article About Financial village. Secondly, the Government and the House of Representatives is expected to create new legislation on the countryside.Key words: Village - Financial Village

TINJAUAN YURIDIS KEBEBASAN PERS SSEBELUM dan SETELAH ERA REFORMASI BERDASARKAN PERATURAN PERUNDANG-UNDANGAN YANG BERLAKU Ronny Andreas; Dodi Haryono; Abdul Ghafur
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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During the New Order is a repressive regime, whereas in the era of reform after the Soeharto‟s fall press imposed by euphoria. During the New Order authoritarian make press system so consequently the press is curbed. In contrast, the Reformation reconanced as democratic future, including in terms of press freedom. The purpose of this research are: First, to explain the freedom of the press before the era of the Reformation by Act No. 21 of 1982 on the Principles of the Press and its amendment. Second, to explain the freedom of the press after the Reformation era by Act No. 40 of 1999 on the Press. Third, to explain the advantages and disadvantages of the press before and after the Reformation.From this research, there are three things that concluded. First, freedom of the press before the era of the Reformation by Act No. 21 of 1982 on the Principles of the Press and amendments if traced the articles are shackles for the life of the press, the press is required to issue a license issue this license that can be used to control the editorial contents and banning. Second, freedom of the press after the Reformation era by Act No. 40 of 1999 concerning the Press is to guarantee freedom of the press, because there is no silencing and banning. Third, before the Reformation era Indonesian press called Pancasila press with a free and responsible goals. However, there is no freedom, so no complaints as a result of the deviation of the freedom of the press. However, due to the strict control of the Government of the press lost their identity to carry out its functions independently.Freedom of the press after the Reformation era is done on a national responsibility without limitation license renewal. Disadvantages of the press after the Reformation era is freedom takes precedence over its responsibilities while the excess press after a press Reformation era became an independent institution. Suggestions writer, first to guarantee press freedom ideally built on a foundation of community interest media managers, and the interests of the target service. Secondly, with regard to the interests of community framework is advisable actualization national press freedom, not only will meet the interests unilaterally, either interest manager (source), and the top of the fulfillment of the target interest (public media). The press must be responsive to public situations, because the powerlessness of the public to appreciate his opinion to press leaders should act as a facilitator to be able to appreciate what is desired. Third, freedom of the press after the Reformation era should be retained but remained on its responsibilities so as not to be excessive.Keywords: Press, Before the Reformation, After Reform

EFEKTIVITAS TUGAS LEMBAGA PENEGAKAN HUKUM TERPADU KOTA PEKANBARU DALAM PEMILIHAN UMUM TAHUN 2014 BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 2012 TENTANG PEMILIHAN UMUM DEWAN PERWAKILAN RAKYAT DEWAN PERWAKILAN DAERAH DAN DEWAN PERWAKILAN RAKYAT DAERAH TAHUN 2 Mulyadi Ranto Manalu; Mexsasai Indra; Abdul Ghafur
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The existence of the Integrated Law Enforcement Center (Gakkumdu) Pekanbaru City in completing the follow criminal offense Election maximum rated yet. So hopefully, there is a coordination of the parties involved in Gakkumdu, namely Bawaslu / Supervisory Committee and the Police and the Prosecutor in the city of Pekanbaru. Based on this understanding, then writing this essay to formulate three formulation of the problem, namely: first, how tasks of Integrated Law Enforcement Agencies in Pekanbaru City Election based on Law No. 8 of 2012 on the Election of the Board of Representatives and Regional Representative Council of the Regional Representatives Council year 2014? Secondly, What are the constraints faced Integrated Law Enforcement Agencies Pekanbaru? Thirdly, what the efforts of Integrated Law Enforcement Agencies Pekanbaru to improve its work in the Election? The research method in this study, first, this kind of research is legal sociological and descriptive. Second, research sites Pekanbaru. Hoarse data sources supported by the primary data, secondary data sources and tertiary data sources. Thirdly, data collection techniques used were interviews, and a review of literature. After the data collected then analyzed qualitatively, then draw conclusions with deduktitf thinking method is to analyze the problems of the general form into special shapes. From the research, there are three fundamental problems that it can be concluded, first, the effectiveness of the Integrated Law Enforcement Center tasks (Gakkumdu) in the Crime Case Management legislative elections in 2014 in the city of Pekanbaru is still not optimal, second, Gakkumdu obstacles in carrying out their duties is the level of understanding diantarannya still less to the laws and regulations governing legislative elections, lack of socialization rules and regulations relating to the implementation of legislative elections and the lack of coordination between the personnel sitting in the Sentra Gakkumdu. Third, efforts to improve its work diantarannya Gakkumdu is to improve understanding are still lacking for legislation governing legislative elections, improving socialization rules and regulations relating to the implementation of legislative elections and improve coordination between the personnel sitting in the Sentra Gakkumdu.Keywords : Task - Gakkumdu - General Elections

PARTISIPASI PEMILIH TERHADAP PEMILIHAN GUBERNUR RIAU TAHUN 2013 BERDASARKAN UNDANG-UNDANG NOMOR 32 TAHUN 2004 TENTANG PEMERINTAHAN DAERAH DI KOTA PEKANBARU Joko '; Emilda Firdaus; Abdul Ghafur
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Political participation of the community is a hallmark of political modernization. Executive and legislative elections directly in Indonesia today also followed the local elections and the deputy head of the region mandated by Law No. 32 of 2004. The history of the arrangement of general elections in Indonesia showed the fact of the decrease voter turnout. This is evidenced by the declining number of voters in each election activities. The phenomenon of the decline and the lack of community participation in elections also occur at the local level (Pemilukada).The issues in this thesis is how voter participation in the election of Riau governor in 2013 in Pekanbaru City? What is the obtacle that affecting voter participation in election of Riau governor in 2013 in Pekanbaru city? And whether the efforts made to overcome the tendency of voter participation in the implementation of the election for Riau governor in 2013 in Pekanbaru city?This type of research can be classified as juridical empirical research, that is reviewing the state of the existing problems in the field and then associated with the applicable legal aspects done on location of the research by using data collection tools. The research was conducted including descriptive research that illustrates clearly and in detail and explain the reality of the field of voter participation based on law No. 32 of 2004 on the election of Riau governor in 2013 in Pekanbaru city. The conclusion of this research is the election governor in Pekanbaru city 2013 ago experienced a decline against the participation of voters in the first round where the amount of the participation only 53.37%. This election do in two-round election . Its effect on voter participation. In the second round of voter participation dropped to 46.4%. Pekanbaru city people's reluctance to participate on the election of the Riau governor in 2013, the crisis of public confidence of Pekanbaru city’s society towards the organizers the election of Riau governor in 2013, and the lack of socialization to the people of Pekanbaru city towards governor candidate in 2013 which became the obstacle. The efforts made by election commission (KPU) pekanbaru city related these obstacles is to improve the performance and role of volunteer teams democracy, maximizing dissemination and doing evaluation.Keywords: Elector’s participation, the election of Riau governor, the region government

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