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IMPLEMENTASI PENGADAAN TANAH UNTUK KEPENTINGAN UMUM DALAM PERSPEKTIF UNDANG-UNDANG NOMOR 2 TAHUN 2012 TENTANG PENGADAAN TANAH BAGI PEMBANGUNAN UNTUK KEPENTINGAN UMUM (Studi Kasus di Kecamatan IV Jurai Kabupaten Pesisir Selatan) Srimarwidiati Srimarwidiati; Maryati Bachtiar; Zulwisman Zulwisman
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Land acquisition for development in the public interest is an activity to acquire land, inthe context of fulfilling land needs for development in the public interest, as well as providingcompensation to land owners affected by the activity and releasing legal relations from landowners to other parties, namely the government. The purpose of land acquisition is to provideland for the implementation of development in order to improve the welfare and prosperity ofthe nation, state, and society while still guaranteeing the legal interests of the entitled parties.This research is a type of sociological or empirical research. Empirical legal research islegal research that serves to look at the law in a tangible sense and examine how the law worksin the community. This research was conducted in District IV Jurai. Then the population andsamples are parties related to land acquisition activities, with primary data sources, secondarydata, and tertiary data, as well as data collection techniques used, namely interviews andliterature studies.From the results of this study, it can be concluded that the first is that the implementationof land acquisition for development for the public interest in the perspective of law number 2 of2012 has not been fully implemented properly, then, the two factors inhibiting land acquisitionfor the public interest are people who do not agree with the compensation offered, and the lackof understanding of the community about the importance of development, and the government islacking in socializing to the community. The three efforts made by the government are byholding re-public consultations or by re-deliberation with people who refuse compensation. Keywords: Land Acquisition, Public Interest

OPTIMALISASI FUNGSI PENGAWASAN DPRD PROVINSI RIAU TERHADAP ALOKASI ANGGARAN PERCEPATAN PENANGANAN PANDEMI COVID-19 MELALUI APBD TAHUN 2020 M. Dani Eka Wijaya; Mexsasai Indra; Zulwisman Zulwisman
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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In a democratic country, the existence of a Regional People'sRepresentative Council or referred to as a legislative body is a must. The reasonis that the legislature is the people's representative in making laws or regionalregulations that will be applied to the people. By law the DPRD has the moststrategic position in carrying out the supervisory function of local governments.One of the central council functions is the supervisory function, while the actionsreferred to by the institution are more preventive in nature which impliesevaluating and supervising local government programs. Likewise in RiauProvince, the Riau Provincial DPRD has supervised the use of the budget for theacceleration of the handling of the Covid-19 Panemdi in the 2020 APBD. Asstated in the explanation of Article 41 of Law Number 32 of 2014 concerningRegional Government, it states that "DPRD has functions, among otherslegislative function, supervisory function and budget function.This type of research is empirical juridical research or sociologicallegal research, namely a research approach that emphasizes the legal aspectsregarding the subject matter to be discussed, linked to the reality in the field. Thisresearch was conducted at the Riau Provincial DPRD Office and withConstitutional Law Experts in the city of Pekanbaru. while the sample populationis the whole party related to the problem under study. Sources of data used areprimary data and secondary data, data collection techniques in this study is byobservation, questionnaires, interviews and literature review.In the results of the research problem there are two main things that canbe concluded. First, in optimizing the supervisory function of the Riau ProvincialDPRD on the use of the budget for the acceleration of handling the COVID-19pandemic in the 2020 APBD, it went quite well. The second is that the inhibitingfactor for the DPRD's supervision of the APBD is the factor of the RegionalGovernment.Keywords : Optimizing DPRD Functions – Budget Allocation – APBD

IMPLEMENTASI PERATURAN DAERAH PROVINSIRIAU NOMOR 5 TAHUN 2018 TENTANG PENYELENGGARAAN PENDIDIKAN DALAM HAL PEMENUHAN HAK ANAK AKAN PENDIDIKAN DI KOTA PEKANBARU Irni Susanti; Emilda Firdaus; Zulwisman Zulwisman
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Education is a conscious and planned knowledge transfer process to change humanbehavior and mature humans through the teaching process in the form of formal, non-formal, andinformal education.The main problem in this research is how is the implementation of Riau ProvinceRegional Regulation Number 5 of 2018 concerning the Implementation of Education in terms offulfilling children's rights to education in Pekanbaru City, what are the inhibiting factors for theimplementation of Riau Province Regional Regulation Number 5 of 2018 concerning EducationImplementation in terms of fulfillment children's rights to education in Pekanbaru City and whatare the government's efforts in terms of fulfilling children's rights to education based on RiauProvince Regional Regulation Number 5 of 2018 concerning the Implementation of Education inPekanbaru City.The research method used is Sociological Legal Research, namely interviews andobsevations as a data collection tool.Based on the results of the study, it is known that the implementation of the RiauProvince Regional Regulation Number 5 of 2018 concerning the implementation of education interms of fulfilling children's rights to education in Pekanbaru City has not been carried outproperly due to several things, namely improving the quality of education which is still lesseffective, education units that have not been able to Cooperating and partnering with relatedparties in accordance with the laws and regulations. Government spending on education is theamount of government spending on education (including salaries) which is allocated at least 20%of the State Budget (APBN) for the education sector. The inhibiting factors for the implementationof the Riau Province Regional Regulation Number 5 of 2018 concerning the implementation ofeducation in terms of fulfilling children's rights to education in Pekanbaru City are first, theunavailability of adequate educational facilities and infrastructure to accommodate all student.second, there are policies issued by the state, in this case the central and regional governments,which are allegedly not fully open to equal opportunities for all people to obtain education in anopen, equitable and fair manner. The government's efforts in terms of fulfilling children's rights toeducation are based on the Riau Province Regional Regulation Number 5 of 2018 concerning theimplementation of education in Pekanbaru City, namely primarily improving the quality ofeducation in terms of the Implementation of the Compulsory Education Program as referred to inparagraph (1) The Regional Government is obliged to establish a compulsory education pilot. 12(twelve) years, covering 9 (nine) years of compulsory education for basic education and 3 (three)years of compulsory education in secondary education, ensuring that every child has theopportunity to learn from basic education to secondary education as well as providing tuitionassistance costs at the secondary level. primary and secondary education in accordance with theregional financial capacity in accordance with the Riau Province Regional Regulation Number 5of the Year 2018 concerning the Implementation of Education, namely Article 42 Paragraph (2).Keywords: Implementation, Implementation of Education, Children's Right to Education

BADAN LEGISLASI DEWAN PERWAKILAN RAKYAT REPUBLIK INDONESIA SEBAGAI PENYELENGGARA PERCEPATAN DAN PEMBENTUKAN UNDANG-UNDANG DI INDONESIA Ridha Putri Thaibah; Maria Maya Lestari; Zulwisman Zulwisman
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Article 1 point 1 of Law Number 12 of 2011 concerning the Establishment ofLegislation, states that the Formation of laws and regulations is the making of Legislationstarting from the stages of planning, drafting, discussing, validating or stipulating, andenacting. One of the most crucial stages in the formation of a law is the planning stage. Theconcept of planning for the formation of laws so far has been implemented through theNational Legislation Program (Prolegnas) as the only law planning instrument that is set inthe medium term (five years) and annually (one year) and based on a priority scale. Thedelay in establishing the National Legislation Program is a form of non-compliance by thestakeholders in charge of forming the law. And the Legislative Body of the DPR RI as one ofthe complementary tools of the DPR which assists in planning the formation of laws has agreat responsibility for the preparation and coordination of the Prolegnas.The purpose of this study is to find out how the role of the DPR Legislative Body is inthe process of forming laws and what is the ideal concept of the DPR Legislative Body as anorganizer of the process of accelerating the formation of laws in Indonesia. This research isnormative juridical research and is supported by empirical data, research conducted basedon legislation and additional interview data. The approach taken includes a libraryapproach, namely by studying books and laws and regulations and an interview approachwith informants. The type of data used is premier data type, namely data sources obtainedthrough interviews with sources related to the Legislative Body, secondary data sources,namely data sources derived from books and other regulations, which consist of premierlegal materials, secondary legal materials and legal materials. tertiary law.The Legislative Body of the DPR RI as a complementary organ for the council incarrying out its duties in the process of forming laws has a fairly important role in theprocess of planning the formation of laws. And in carrying out its duties, the Legislative Bodyhas constraints and problems that interfere with the Legislation Body's duties. It is necessaryfor every member of the DPR Legislative Body to understand the duties or responsibilities ofthe Legislative Body as a complementary tool for the DPR in implementing the legislativefunction in the process of accelerating the formation of laws in Indonesia in order to achievethe goal of developing national law.Keywords : Legislation Body, National Legislation Program, Law Number 12 of 2011Concerning the Formation of Legislation

POLITIK HUKUM MASA JABATAN KEPALA DAERAH HASIL PEMILIHAN KEPALA DAERAH SERENTAK 2020 BERDASARKAN PERSPEKTIF KEDAULATAN RAKYAT DI INDONESIA Muhammad Haikal Diegio; Evi Deliana; Zulwisman Zulwisman
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The main pillar in every democratic system is the existence of a mechanism forchanneling opinions by the people through periodic elections, Regional Head Elections(Pilkada) starting from Governors, Regents and Mayors are guaranteed in the constitution inArticle 18 Paragraph (4) of the Constitution of the Republic of Indonesia 1945, in Law No. 10 of2016 which basically regulates the end of the term of office of the Head of the 2020 ElectionResults Region, in his capacity the Head of the 2020 Election Results Region should be sworn infor a term of 5 (five) years since being appointed in accordance with Article 162 paragraph (2)of Law No. 10 of 2016 and Article 60 of Law No. 23 of 2014 so that the term of office should endin 2026, not ending the term of office until 2024 as contained in the provisions of Article 201paragraph (7) of Law No. 10 of 2016. Whereas referring to the provisions of Article 201paragraph (7) of Law No. 10 of 2016, regional heads and deputy regional heads as a result ofthe simultaneous local elections in 2020 will only serve 4 years, some may even be lacking due todelays in inauguration .This type of research can be classified as normative juridical research, because thisresearch is carried out by examining secondary data and approaches to laws, this normativeresearch examines the applicable regulations and relates them to legal politics in the formationof a rule to achieve legal policy ideas. in the implementation of the regional head's term of officeas a result of the 2020 regional head election, the data sources used are primary data, secondarydata, tertiary data, the data collection technique in this research is normative juridical, the dataused is library research.The results of this study examine and analyze the regulations currently in force, namelyLaw No. 10 of 2016 as a legal umbrella regarding terms of office for regional heads where thearrangements and contents of Law No. 10 of 2016 are not achieved which results in notachieving the goal of maintaining people's sovereignty, justice, and certainty by law as well ascertainty from within the law itself. the formation of the ideal law (ius constituendum) regardingthe regulation of the term of office of regional heads in the 2020 regional head election byregulating and establishing technical regulations that really regulate in detail the term of officeof regional heads to avoid a legal vacuum and abuse of office which undermines the system ofpeople's sovereignty in Indonesia.Keywords : Term of Office of Regional Heads, 2020 Simultaneous Regional Elections,LegalPolitics.

PENERAPAN BATAS MINIMUM DAN MAKSIMUM KECEPATAN KENDARAN DI RUAS JALAN TOL BERDASARKAN PASAL 3 AYAT (4) PERATURAN MENTERI PERHUBUNGAN REPUBLIK INDONESIA NOMOR PM 111 TAHUN 2015 TENTANG TATA CARA PENETAPAN BATAS KECEPATAN (STUDI KASUS JALAN TOL PEKANBARU-DUMAI) Meylyn Meylyn; Gusliana HB; Zulwisman Zulwisman
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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This research relates to the Minimum and Maximum Speed Limits ofVehicles Based on Article 3 Paragraph (4) of the Regulation of the Minister ofTransportation of the Republic of Indonesia Number PM 111 of 2015 concerningProcedures for Setting Speed Limits (Case Study of the Dumai-Pekanbaru TollRoad). Road traffic and transportation as part of the national transportationsystem must develop its potential and role to realize security, safety, order andsmooth traffic and road transportation in order to support economic developmentand regional development. Road traffic and transportation safety is a condition inwhich everyone is protected from the risk of accidents during traffic caused byhumans, vehicles, roads and/or the environment. But in reality, theimplementation of this regulation is still experiencing some obstacles.This type of research is sociological law, namely research that wants tosee the correlation between law and society, so as to be able to reveal theeffectiveness of the enactment of law in society. This research was conducted atPT. Hutama Karya (HK) Pekanbaru-Dumai and the Riau Regional Police TrafficDirectorate. Sources of data used are primary data and secondary data. Datacollection techniques in this study were interviews and literature review andconcluded with deductive thinking methods.From the results of the study it was concluded that first, the Minimum andMaximum Limits for Vehicle Speed Based on Article 3 Paragraph (4) of theRegulation of the Minister of Transportation of the Republic of Indonesia NumberPM 111 of 2015 concerning Procedures for Setting Speed Limits have not beenimplemented properly. Second, the factors that affect violations of the maximumspeed limit on the Pekanbaru-Dumai toll road are the human factor and thevehicle factor. Third, the efforts of PT. Hutama Karya and the Riau Police TrafficDirectorate are installing traffic signs, taking action against traffic offenders onthe toll road, and advising all motorists to always check the condition of theirtires and comply with the set speed on the toll road.Keywords: Implementation- Speed Limit

POLITIK HUKUM PEMBENTUKAN UNDANG-UNDANG NOMOR 13 TAHUN 2022 TENTANG PERUBAHAN KEDUA ATAS UNDANG-UNDANG NOMOR 12 TAHUN 2011 TENTANG PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN DALAM PERSPEKTIF ASAS PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN Apri Wulandari Panjaitan; Mexsasai Indra; Zulwisman Zulwisman
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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The formation of laws and regulations must based on the principles of forming good laws andregulations, including: Clarity of Institutional Purposes or appropriate forming officials Conformitybetween types, hierarchies, and content material. The formation of Law Number 13 of 2022 is a follow-upto the Constitutional Court Decision Number 91/PUU-XVIII/2020 as a basic order to regulate theOmnibus method and meaningful participation.This type of normative juridical research, because this research is carried out by examining secondarydata and approaches to laws, this normative research examines the applicable regulations and relatesthem to legal politics in the formation of laws and regulations. to achieve the ideal criteria in amendingLaw Number 13 of 2022 Second Amendment to Law Number 12 of 2011 concerning Formation ofLegislation. The data sources used are primary data, secondary data, tertiary data, the data collectiontechnique in this study is normative juridical, the data used is library research.The results of this study examine and analyze the urgency of the state in the Formation of Law Number13 of 2022 where the law has canceled 6 (six) principles out of 7 (seven) principles for the formation oflaws and regulations and assesses the Ideal criteria in accordance with the aspired law (iusconstituendum) in the Amendment to Law Number 13 of 2022 Second Amendment to Law Number 12 of2011 concerning the Formation of Laws and Regulations based on the Indonesian constitutional system,namely the theory of laws adopted by the Indonesian legal system.Keyword: Law, Principles Of Formation Of Legislation, Legal Politics.

POLITIK HUKUM PENENTUAN TINGKAT PENDIDIKAN SEBAGAI SYARAT MENJADI ANGGOTA DEWAN PERWAKILAN RAKYAT DI INDONESIA DALAM PERSPEKTIF RANCANGAN UNDANG-UNDANG TENTANG PEMILIHAN UMUM Muhammad Rafi Akbar; Emilda Firdaus; Zulwisman Zulwisman
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The DPR has a central role in the constitutional system in Indonesia.Given the enormous role of the DPR in the state administration system inIndonesia, the minimum education requirements set forth in Article 240paragraph (1) letter e of Law No. 7 of 2017 concerning General Elections mustbe renewed/reformulated. Because these regulations are felt to have weaknesses,whereby an institution that has the function and authority to make and issue alegal product and determine policies may nominate themselves as a candidate formembers of the DPR with at least a high school educational background orequivalent. The aim of the reformulation of the system for nominating members ofthe DPR is so that the legal and policy products that will be issued by membersof the DPR can be better and more beneficial to the general public.This research is a normative legal research. This is based on libraryresearch which takes excerpts from reading books, or supporting books that havesomething to do with the problem to be studied. This study uses secondary datasources consisting of primary, secondary and tertiary legal materials. This studyalso used qualitative data analysis and produced descriptive data.From the results of this study it is explained that there is a need toincrease the standardization of the minimum educational requirements to becomea candidate for DPR member. The ideal concept offered by researchers is toincrease or reformulate the minimum educational requirements for candidatesfor DPR members, from a minimum high school diploma to a minimum of abachelor's degree (S1). Some of the considerations that form the basis forforming regulations are: First, on the Aspect of Justice, because to guaranteecompetence, capability and also guarantee the placement of members of the DPRin accordance with their respective portions based on their educationalbackground, so that they are more professional in carrying out their duties andfunctions. Second, on the Certainty Aspect, the minimum educationalqualification requirements for candidates for DPR members are stipulatedthrough clear legal instruments that will provide legal certainty. Third, on theUsefulness Aspect, so that in every contribution a DPR member makes incarrying out his authority, duties and functions it will be better.Keywords: Reformulation-Requirements-Education-DPR

POLITIK HUKUM PEMBENTUKAN UNDANG-UNDANG NOMOR 1 TAHUN 2022 TENTANG HUBUNGAN KEUANGAN ANTARA PEMERINTAH PUSAT DAN PEMERINTAHAN DAERAH DALAM PERSPEKTIF OTONOMI DAERAH Ilham Dwi Mirza; Emilda Firdaus; Zulwisman Zulwisman
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The establishment of Law Number 1 of 2022 concerning Financial RelationsBetween the Central Government and Regional Governments as a result of the Law hasnot been able to provide a significant leap in improvement to the equitable distributionof public services and public welfare, and has not been optimally aligned andsynergistic in the APBD and APBN, so that national fiscal policy has not workedsignificantly in realizing state goals. The purpose of this study is to explain the legalpolitics of the establishment of Law Number 1 of 2022 concerning Financial RelationsBetween the Central Government and Regional Government in the Perspective ofRegional Autonomy.This research is a normative legal research with a focus on legal principles. Toanswer this research, the author uses qualitative analysis with literature study techniqueson primary legal materials in the form of laws and regulations, secondary legal materialsin the form of legal scientific research results, legal science books, and academicmanuscripts of Law Number 1 of 2022, as well as tertiary legal materials in the form oflarge online Indonesian dictionaries.This study examines and analyzes the urgency in the formation of Law Number1 of 2022 which repeals Law Number 33 of 2004 and Law Number 28 of 2009. Therepeal of the two laws resulted from the need to improve the implementation offinancial relations between the central government and local governments. It isrecommended that the President and the House of Representatives are expected toimmediately ratify and promulgate laws and regulations related to the generalprovisions of the HKPD Law, procedures for collecting taxes and regional levies,procedures for collecting Opsen, tax revenues directed at their use, types of additionalregional levies, and procedures for determining tax rates and levies so that the HKPDLaw can be fully implemented.Keywords: Legal Politics, Fiscal Decentralization, Regional Autonomy

GAGASAN OPTIMALISASI KONSEP OTONOMI DAERAH SELUAS- LUASNYA DI NEGARA KESATUAN REPUBLIK INDONESIA M. Ar Huzaifi Samani; Mexsasai Indra; Zulwisman Zulwisman
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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In the implementation of regional autonomy that uses the principle of decentralization,in fact it does not apply optimally. For example, the state budget provided by the centralgovernment with the aim of increasing the level of economy and welfare for the people ineach region. This is based on the provisions of Law 33 of 2004 concerning FinancialBalance between the Central Government and Regional Governments. Where in this caseit is stated that the regional government is obliged to deposit regional wealth that has beenobtained to the central government even from the results of natural wealth owned by thearea. Especially in the reality on the ground that the independence of each region to getthe word prosperous is very far from what was expected.It is the unclear format of regional autonomy that makes the central governmentimplement an excessive centralized system (overcentralization). Excessive centralizationhas destroyed the government system created by the New Order, the destruction of the NewOrder government through the reform movement has confirmed the intention of theIndonesian people to create a just and prosperous nation. Regional natural resources areexploited by the center and given unfairly and not transparently, regional privileges areundervalued and even generalized by the Central Government. The reform movement,which brought fresh air of democracy, has inspired some people to create an Indonesianstate structure within the framework of Federalism, this is in view of the emergence of thethreat of disintegration that has occurred as a result of the centralized system of unitarystate government and the many demands of regional governments for independence, suchas Papua, and others.This research will examine the main issues according to the scope and identificationof problems through a normative juridical approach. Based on normative researchmethods, the data sources used in this study are secondary data sources which consist of 3legal materials, namely: primary legal materials, secondary legal materials, and tertiarylegal materials. Data collected from literature studies.Keywords: The Idea of Optimization - Concept - Regional Autonomy - As Wide asPossible - The Unitary State of the Republic of Indonesia

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