Garuda - Garba Rujukan Digital

TINJAUAN YURIDIS TENTANG BATAS UISA NIKAH BERDASARKAN UNDANG-UNDANG NOMOR 16 TAHUN 2019 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN Novriawanda Novriawanda; Mardalena Hanifah; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Constitution Number one of 1974 concerning marriage has undergone revisions or changes related to the rules for the age limit for marriage contained in Article 7 paragraph (1), these rules are considered no longer relevant to conditions in society. Therefore, the government set a new rule regarding the age limit for marriage with the enactment of Constitution Number 16 of 2019 concerning Amendments to Constitution Number 1 of 1974 about Marriage. The focus of this research were the factors that influence of Constitution Number 16 of 2019 and the legal impact caused by changes the Constitution.This research is a normative juridical research that conceptualizes law as a norm including values, positive law and court decisions. Legal materials were collected by means of document studies and library research, namely by combining primary, secondary and tertiary legal materials related to the age limit for marriage based on Constitution Number 16 of 2019. The analysis of legal materials was carried out by descriptive analysis, namely explaining or explain what it is about a legal event or legal condition based on primary legal norms.Based on the results of the research there were several influences from the enactment of Constitution Number 16 of 2019 including: Philosophically, the change in the age limit for marriage in Constitution Number 16 of 2019 is a commitment of the state in realizing the life of the nation and state that is far from treatment discriminatory. Sociologically, it is the government's effort to prevent early marriage, but this determination is not accompanied by changes to the rules regarding marriage dispensation. So, the number of applications for marriage dispensation in the Religious Courts increase. Juridically, the change in the age limit for marriage is a revision of the previous regulation which is considered irrelevant with the current state of society. So, the current marriage age limit based on Constitution Number 16 of 2019 is that marriage is only permitted if a man and a woman have reached the age of 19 (nineteen) years. The legal impacts arising from the amendment of Constitution Number one of 1974 to Constitution Number 16 of 2019 concerning changes to the marriage age limit arise from various aspects, including sociological aspects, philosophical aspects, juridical aspects, health aspects and psychological aspects.Key words: Age Limit, Constitution Number 16 of 2019

Pendidikan hukum kepada pengusaha makanan khas/tradisonal dalam melakukan pendaftaran merek di Desa Pangkalan Jambi Kecamatan Bukit Batu Kabupaten Bengkalis Ulfia Hasanah; Firdaus Firdaus; Setia Putra; Samariadi Samariadi
Unri Conference Series: Community Engagement Vol 1 (2019): Seminar Nasional Pemberdayaan Masyarakat
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31258/unricsce.1.126-129

One of the growing industrial activities in Bengkalis is the business in the field of production of Traditional / Traditional Foods. Currently known for some typical / traditional foods that are in demand, including dodol, Bolu, Onion chips and others. But there are entrepreneurs of the products sold there who have not registered their brands. Whereas the consequences of not registering a trademark enable the occurrence of counterfeiting or unfair competition which is also greatly felt by business actors and protection of the trademark is also very necessary. The purpose of community service activities is to provide socialization and understanding to the public about the importance of trademark registration and trademark registration procedures. This activity can also increase knowledge competence, skills, community motivation, and role in trademark registration. The importance of providing assistance to the community in protecting the products they produce. The initial activity was initiated by taking information from the community about food products in the Pangangalan Jambi village. Data collection techniques carried out by interview, observation and document analysis. The existence of local products produced by the community in Pangkalan Jmabi Village has made this village a choice in community service activities. Community service activities carried out through personal and community approaches. The results of community service activities showed the enthusiasm of the community attending a series of activities, and the active role of the community was quite good. Activities carried out continuously and continuously have a positive impact on community growth and development.

Penyelesaian Sengketa Tanah Ulayat Menurut Hukum Adat di Kecamatan Benai Kabupaten Kuantan Singingi Setia Putra
Jurnal Ilmu Hukum Vol 6, No 1 (2017)
Publisher : Fakultas Hukum Universitas Riau

Terdapat hak-hak masyarakat adat dalam tanah ulayat di Kecamatan Benai meliputi: Tanah Pekarangan, Tanah Peladangan, Tanah Kebun, Tanah Koto , Rimba Kepungan Sialang, Perairan Penangkapan Ikan, Padang Pengembalaan, Tanah Kandang dan Tanah Pekuburan. Kasus sengketa tanah ulayat yang terjadi di Kecamatan Benai muncul karena Faktor Ekonomi dari dalam suku dan dari luar karena ada investor, Proses musyawarah yang tidak partisipatif dan transparan, Kesepakatan awal yang tidak dilaksanakan oleh pendatang/perusahaan, Ganti rugi yang tidak seimbang dan transparan, dan Tapal batas kenegerian tidak jelas. Sengketa yang terjadi diselesaikan melalui musyawarah para pihak yang bersengketa, dengan mengedepankan nilai-nilai kearifan lokal. Proses musyawarah diselesaikan oleh kepala suku/pemangku adat dan ninik mamak.

ANALISIS YURIDIS TERHADAP PERJANJIAN PEMBIAYAAN PT. TOYOTA ASTRA FINANCIAL SERVICES BERDASARKAN SYARAT SAH PERJANJIAN Ahmad Fajar Siddiq; Firdaus Firdaus; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Contracts in their history can be found in legal documents that developed during the Romanempire. In the early days of contract growth, contracts were ritualistic. The development ofthe business world in the field of agreements has found many problems. One of them is theexistence of a clause in the agreement that is contrary to the law. In addition to includingthe interests of their respective causes, they must also pay attention to the existing legalprinciples and the rights and obligations of the parties. Article 1320 of the Civil Code statesthat for the validity of agreements, namely agreements, skills, certain things and lawfulcauses. For a lawful reason, it is forbidden if it contradicts the law, decency, and publicorder.This research is a normative research with the approach of legal principles supportedby primary data in the form of an agreement. It is also called Doctrinal research which isbased on the literature by taking quotations from the literature that is related to the problemto be studied. Thus, this research uses secondary data sources consisting of primary,secondary, and tertiary legal materials. This research also uses qualitative data analysis andproduces descriptive results.From the results of the discussion and research conducted, it is clear that thefinancing agreement at PT. Toyota Astra Financial Service does not comply with the legalterms of an agreement, namely (halal cause). The existence of rights and obligations is notexpressly stated in the agreement, but arises outside the agreement, namely in theattachment. However, the attachment does not explain the limitations of the attachment andthe clarity of the Withdrawal Power of Attorney as an attachment is not clearly explained.The result is that there are different meanings in the agreement or multiple interpretations ofthe agreement. Therefore, the clause in clause 5 does not fulfill the elements and conditionsas specified in Article 1320 of the Criminal Code (halal cause) explicitly (null and void).Thus, the efforts that must be made by PT. Toyota Astra Financial Service to the Debtor tocomply with the law, namely by the Creditor explaining the material facts regarding therights and obligations, the limitations of the rights of the parties as well as the clarity ofattachments and whether there are clauses containing legal defects.Keywords: Agremeent – legal terms of agreement – legal remedies

PELAKSANAAN PERJANJIAN PEMBIAYAAN MULTIGUNA PADA PT. MITRA PINASTHIKA MUSTIKA FINANCE (MPM) PEKANBARU Wan Rahmatullah Ramadhan; Firdaus Firdaus; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

The high public need for consumptive goods and the need for funds(multipurpose) is characterized by limited ability or purchasing power incash/cash, making consumer finance institutions the preferred choice of thecommunity, thus making consumer finance institutions (consumer finance) haveshown an active role in supporting the economy and business in Indonesia. PT.Mitra Pinastika Musthika Finance Pekanbaru Branch, is a finance company thatcarries out its business activities in the field of consumer finance, which focuses onfinancing new motorcycles and used motorcycles, also provides loan funds withmotorcycle guarantees from debtors known as multipurpose financing, thepayment of which is done in installments or periodically by consumers.The purpose of this study was to determine and understand theimplementation of consumer financing agreements at PT. Mitra PinastikaMusthika Finance Pekanbaru Branch, as well as solving problems that arise ifthere is a default by the debtor in the implementation of the consumer financingagreement.In this study, empirical/sociological juridical methods were used. surveybecause the author went directly to the research location to get primary data,which was then analyzed descriptively, which prioritizes observations(observations) on the actual symptoms of events.The results of the study provide an overview of the consumer financingagreement, especially multipurpose, which is a debt agreement between PT. MitraPinastika Musthika Finance Pekanbaru Branch, and the consumer, the delivery oftheir belongings in this case the motorcycle BPKB and other documents ascollateral, the delivery of collateral is carried out based on trust. Consumerfinancing agreements are made in written form using standard agreements.Delayed installment payments are the debtor's obligation not because of thedebtor's intention to delay installment payments, but the debtor dies during thecontract period, leaving 3 (three) installment obligations. To terminate aproblematic contract is taken by way of deliberation to reach consensus.It can be concluded that consumer finance institutions are an alternative toobtain loan funds and other necessities, with the death of the debtor during thecontract period is categorized as an act of default.Keywords: Multipurpose Consumer Financing, Default

AKIBAT HUKUM TERHADAP PERKAWINAN DARI LAKI-LAKI YANG MENIKAHI DUA PEREMPUAN SECARA BERSAMAAN Risti Febiawati; Mardalena Hanifah; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Marriage has a very important position in social life. In Indonesia, there are four laws thatregulate marriage issues, namely the Civil Code, the Marriage Law, the Compilation of Islamic Law andIslamic Law, stipulating the reasons for allowing polygamy. But in reality, there are cases of marriages ofmen marrying two women simultaneously without fulfilling the terms and conditions that have been set.The purpose of this thesis is to find out the legal consequences of the marriage of a man who marries twowomen at the same time. Second, to find out the legal position of the marriage of a man who marries twowomen simultaneously according to the Marriage Law, Compilation of Islamic Law, Civil Code andIslamic Law.This type of research is classified in the type of normative juridical research using literaturereview. Namely by making a legal comparison between the Marriage Law, Compilation of Islamic Law,Civil Code, and Islamic Law, the approach is carried out using a qualitative analysis approach bylooking for data in books, journals and other scientific works related to this research. The data sourcesused are secondary data covering primary and secondary legal materials.The conclusions obtained from the results of the study are first , the legal position of marriagefor men who marry two women simultaneously in the Marriage Law and the Compilation of Islamic Lawdoes not exist, this is because this marriage is included in sirri polygamy. The position of marriagesimultaneously in Islamic law since the marriage contract is held, the position of husband and wives is thesame. Second, the legal consequences of marriages of men who marry two women simultaneously in theMarriage Law and the Compilation of Islamic Law is an illegitimate marriage so that it does not causelegal consequences. The Civil Code adheres to the principle of monogamy so that if a polygamousmarriage occurs, Article 279 of the Criminal Code will apply. According to Islamic law, this concurrentmarriage is a legal marriage and is allowed by religion.Keywords: Marriage–Polygamy–Marriage Simultaneously

PELAKSANAAN PERJANJIAN KEMITRAAN ANTARA PERUSAHAAN PENGANGKUTAN DENGAN KURIR (Studi Kasus Perjanjian Kemitraan N0.230/PM/MAS/III/2022) Siti Alfiatul Mukaromah; Maryati Bachtiar; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

This study discusses the cooperation agreement between the transportcompany and the courier (case study of the cooperation agreement No.230/PM/MAS/III/2022)”. An agreement is an act whereby one or more personsbind themselves to one or more other persons. Based on Article 1338 of the CivilCode which reads: "All legal agreements are law for those who make them".These agreements may not be revoked except with the consent of both parties, orfor reasons sufficient by law. The purpose of writing this thesis is; First, to findout the fulfillment of the transport company's rights and obligations with thecourier in the cooperation agreement on the basis of good faith; Second, seekefforts to resolve disputes about the rights and obligations of the carrier with thecarrier in a cooperation principle of good faith. The type of legal research theauthor uses is normative legal research or library law research.This type of research can be classified into the sociological researchtype because in this research the author conducts research directly at theresearch site or place to get a complete and clear picture of the problem underinvestigation. This survey was conducted by PT Satria Antaran Prima (SAP)Pekanbaru City, while the population and sample are all parties related to theissues examined in this survey, the data sources used, primary data and secondarydata, and tertiary data, data collection techniques in this study throughobservation and interviews.From the results of this research, the author concludes that the legalprotection of the rights and obligations of carriers with couriers based oncooperation agreements has not been fully implemented properly. The content ofthe cooperation agreement is determined unilaterally in relation to the carrier'sobligations. Couriers do not have the right to convey considerations about thecooperation agreement so that it is less profitable for the parties, especially thecourier. So that the rights and obligations under the partnership agreement arenot met. Settlement of disputes about the rights and obligations of the carrier withthe carrier in the first cooperation agreement through consultation and thesecond through mediation. Dispute settlement through consultation has notachieved the maximum result in practice, so that the parties to the dispute havenot been given proportionate rights and obligations.Keywords: Courier, Transport company, Cooperation agreement.

PELAKSANAAN JUAL BELI MOBIL BEKAS DI SHOWROOM SKY MOTOR PEKANBARU Jessica Olivia; Hayatul Ismi; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

The need for private transportation in the midst of a pandemic that has notended, has an impact on used car sales which are slowly but surely rising again.This used car buying and selling activity will of course begin with an agreementbetween the two parties that is included in the contents of the agreement. Usuallythe form of an oral agreement or written agreement signed on stamp duty by bothparties. In a broad sense, an agreement means any agreement that is caused as alegal consequence as agreed by the parties. In connection with the buying andselling of used cars, problems often occur that do not only originate from businessactors, but also from buyers who are interested in a used car in a showroom, oneof which the author has built in the following research.This type of research can be classified in the type of descriptive qualitativeresearch, because in this study the author directly conducts research on thelocation or place under study in order to provide a complete picture and explainthe problem under study. This research was conducted at the Sky MotorShowroom Pekanbaru, while the population and sample were all parties relatedto the problems studied in this study, the data sources used were primary data,primary data, secondary data and tertiary data. Data collection techniques in thisstudy by observation, interviews and literature study.The results of this study are the car buyer has defaulted, the sale andpurchase agreement becomes invalid because the car buyer does not pay thedown payment as agreed in the agreement. According to the provisions of Article1243 of the Civil Code, compensation due to non-fulfillment of a new obligationthat is required if the debtor after being declared negligent in fulfilling hisengagement continues to neglect it, or something that must be given or done canonly be given or done within the time period that has passed. The loss wasdeclared obliged to be replaced by the debtor starting from the time he wasnegligent on January 20, 2022 which should have been repaid on January 19,2022. Finally, payment of the remaining money and fines for late payment ofadvances by the buyer in stages with the completion of the payment of fines onMarch 2, 2022.Keywords : Agreements – Sell and Buy – Used Cars – Rights and Obligations

PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL PEKERJA HARIAN LEPAS PT.SAMHANA INDAH AKIBAT PEMUTUSAN HUBUNGAN KERJA MELALUI MEDIASI PADA DINAS TENAGA KERJA DAN TRANSMIGRASI PROVINSI RIAU Wilton Amos Panggabean; Maryati Bachtiar; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

The Daily laborers that worked at Samhana Indah Ltd, Pekanbaru branch, fromthe first time worked hasn’t the employment contract and this situation very posible tomake the industrial relations disputes. The main problem in this research is how toimplemented the working time for the laborers who work more than 20 days in amonth. This contrary to the article 10 Of Indonesian Government Regulation number25 of 2021 about the temporary contract, outsource, break time and the worktermination. Based on regulation the laborers can not work more than 20 days in amonth and if it still continued in 3 months they should become the parmanent workersby law. Because of the work terminnation, the researcher interested and purpose toget to know the solution of the industrial relations disputes between the two partiesand to get to know what are the obstacles while in the mediation process at the RiauProvince Manpower and Transmigration Office.This research can be classified in juridical research, in another term issociological because the researcher was directly conduct on location in order toprovide a complete and clear picture of this research. This research used thedescriptive qualitative method with primary data sources, secondary sources andtertiary sources while the population and sample are the laboures of Samhana IndahLtd, Pekanbaru branch, Riau Province Manpoer and Transmigration Office andIndonesian Legal Aid Foundation – Pekanbaru Legal Aid Institution (YLBHI-LBHPekanbaru). And the Data collection techniuqes are interviews and literature study.The research result show that the solution of industrial relations disputesbetween Samhana Indah Ltd, Pekanbaru branch and the laborers doe to thetermination of laborers are the first effort was resolve in bipartite manner. Next, bymediation to achieve the win-win solution between Samhana Indah Ltd, Pekanbarubranch and the laborers at the Riau Province Manpower and Transmigration Office,but the mediation process didn’t free from the internal laborers’s obstacles and fromthe external. The obstacles from the internal is the laborers still legally blind, meanslack of understanding of their rights and lack of the coordination. And the otherobstacle is lack of facilities and infrastructure while in the mediation process and theboth parties’s ego that unconciously didn’t want to solve the problems by family way.Keywords: Industrial Relations Dispute Resolution – Daily laborers - Mediation

PELAKSANAAN TANGGUNG JAWAB SOSIAL PT. RIGUNAS AGRI UTAMA DALAM RANGKA PENINGKATAN MUTU PENDIDIKAN MASYARAKAT DI KECAMATAN PERANAP KABUPATEN INDRAGIRI HULU Nadia Fadiah Zendrato; Firdaus Firdaus; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

The implementation of corporate social responsibility is an obligation that must be carriedout by a company in carrying out its corporate activities. This is explicitly regulated in Article 47 ofLaw Number 40 of 2007 concerning Limited Liability Companies. This obligation is alsoreaffirmed geographically in the Regional Regulation of Riau Province Number 6 of 2012concerning Corporate Social Responsibility in Riau Province. PT Rigunas Agri Utama is acompany engaged in the plantation and processing of palm oil refineries. Located in Peranap sub-district, Indragiri Hulu Regency, PT Rigunas Agri Utama has been running CSR programs in theeducation sector through schools in the surrounding area. As for the legal issues are about variouskinds of CSR implementation efforts and the obstacles that often occur. The essence of theimplementation of CSR is not only in the presence or absence of CSR, but the continuity of theimplementation of CSR which continues to be carried out, especially in the field of education inorder to increase the nation's intelligence and improve the existence of the company. Therefore,this research departed on the basis of a desire to oversee every CSR implementation in theeducation sector by PT Rigunas Agri Utama. This is done, so that the CSR program is not carriedout as a mere formality without any improvement in the quality of the education sector. Especiallyin several schools in the surrounding area that still need assistance from the CSR program.This research is a sociological juridical legal research, namely a research approach thatemphasizes the legal aspects (laws and regulations) regarding the subject matter to be discussed,associated with the reality in the field. This study uses primary data sources consisting of primary,secondary, and tertiary legal materials.From the results of the research and discussion conducted, there are several conclusionsobtained, namely: First, the existence of CSR as a mandatory program for companies in the form ofPT Rigunas Agri Utama in Peranap sub-district has not been implemented properly. Weak intensityand continuity of CSR program implementation tend not to be implemented even temporarily. Thenormativity of CSR which should be used as a basic guideline that departs from the values of legalcompliance should make CSR a superior program that must be carried out regularly. Theimplementation of CSR in the field of education is also an embodiment of the company's role insupporting intelligence for the community as a state goal. Second, there are several obstacles inimplementing the CSR program, such as the COVID-19 pandemic and the lack of coordinationbetween the school and the PT Rigunas Agri Utama Company. Therefore, it is necessary to plan,implement and supervise the implementation of CSR well. Improved coordination is also neededfor the smooth distribution of CSR assistance such as infrastructure improvements, procurement ofsocial/volunteer activities, and also the provision of scholarships for outstanding andunderprivileged students.Keywords: CSR - Education – Legal Corporate

Title

Found 23 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 23 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 23 Documents
Search