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Protection of the rights of the Indigenous people by Datuok (Chief of the tribe / Ninik Mamak) as a traditional leader in the village of Sipungguk Bangkinang, Kampar Regency Meriza Elpha Darnia
PROCEEDING ICTESS (Internasional Conference on Technology, Education and Social Sciences) 2020: PROCEEDINGS ICTESS
Publisher : PROCEEDING ICTESS (Internasional Conference on Technology, Education and Social Sciences)

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PELAKSANAAN PERJANJIAN SEWA MENYEWA PERALATAN BERKEMAH ANTARA PIHAK PENYEWA DENGAN TEMPAT PENYEWAAN ALAT DI ARVIN ADVENTURE PEKANBARU Windu Nursalisa; Firdaus Firdaus; Meriza Elpha Darnia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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A rental agreement to rent camping equipment between the lessee and the lessee is aform of legal relationship to meet the needs or interests of a matter. In this case the partieshave their respective rights and obligations. However, in reality this still causes problemscaused by one of the parties, both the tenants and Arvin Adventure. This clearly needs to beinvestigated because if one of the parties commits a default, then everything must be inaccordance with the applicable laws and regulations. If this is not implemented, it is possiblethat injustice will occur to the aggrieved party.The formulation of the problem posed is how is the implementation of the campingequipment rental agreement between the lessee and the equipment rental place ArvinAdventure Pekanbaru and how is the settlement of the camping equipment tenant in the eventof a default on the equipment rented by Arvin Adventure Pekanbaru. This research is asociological legal research, a research carried out by going directly to the location of theresearch object in order to obtain the required data.The results of this study indicate that the implementation of the camping equipmentrental agreement between the lessee and the equipment tenant at Arvin Adventure Pekanbaruis in accordance with the provisions of Article 1313 of the Civil Code and Article 1548 of theCivil Code. However, in reality this still causes problems which result in losses experiencedby Arvin Adventure Pekanbaru, namely defaults committed by the lessee and problemsarising because of the lessor. Settlement of these problems was resolved based onnegotiations between the two parties. In the case of a camping equipment rental agreement,each party must know which rights and obligations it has and the parties must have goodfaith in entering into the agreement.Keywords: Performance, Lease Agreement, Camping Equipment

PENATAAN KEWENANGAN MENTERI BADAN USAHA MILIK NEGARA DALAM PENETAPAN KOMISARIS BADAN USAHA MILIK NEGARA suhela arnis; Dessy Artina; Meriza Elpha Darnia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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As a rule of law based on the values of Pancasila and the 1945 Constitution ofthe Republic of Indonesia, State-Owned Enterprises (BUMN) as part of separated stateassets are in order to carry out the function of state prosperity and welfare by using theconcept of a welfare state approach. which is mandated by the Constitution Article 33Paragraph (2) and Paragraph (3) of the 1945 Constitution. With the very vital role ofcommissioners in the company, the non-optimization of the board of commissioners inthe BUMN structure will indirectly reduce the quality of BUMN in achieving BUMNgoals.With the phenomenon of multiple positions, the appointment of ex-convicts incorruption cases as commissioners of BUMN, and the determination of BUMNcommissioners from non-professional circles suspected of being politically appointed,show and the need for structuring the authority of the BUMN minister in determiningthe appointment of BUMN commissioners.This research was conducted with the type of normative juridical research,namely research carried out by examining secondary legal materials or research basedon standardized rules that have been recorded which is also called, with doctrinalresearch or library research.Research results, The first is the authority of the Minister of BUMN inassigning commissioners to BUMN which is attributive (original). The second isthe need for the role of the state in carrying out government functions in structuring theauthority of the Minister of BUMN in determining BUMN commissioners andstrengthening the principles of good corporate governance. Suggestions from theauthorFirst, it is expected that the Minister of BUMN will appoint a BUMNcommissioner based on the criteria has been determined. Second, according to theauthor,According to the author, the requirements and procedures for appointingand dismissing members of the BUMN board of commissioners must be regulatedin the form of a law so that these rules are more binding,and the government actiontaken by the BUMN minister to appoint a BUMN commissioner must be seen asagoverment action so that it remains the object of supervision of the House ofRepresentatives (DPR).Keywords :Authority, Minister, Commissioner and State-owned enterprises

Optimalisasi Perlindungan Hukum Terhadap Pelaku Usaha Dalam Pendaftaran Merk Usaha Keripik Nenas Di Desa Rimbo Panjang Dasrol Dasrol; Meriza Elpha Darnia
Jurnal Ilmu Hukum Vol 12, No 1 (2023)
Publisher : Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/jih.v12i1.8378

Kegiatan yang sedangmenjadifenomenaadalahmelakukanusaha. Masyarakat mencukupikebutuhanhidupnyadenganmemproduksi dan menjualbarang-barang yang adadisekitarnyasepertimasyarakat di desarimbo Panjang yang menjadipelakuusaha di bidangkeripiknenas. Ada sekitar 200 (dua ratus) usahakeripik nanas di desaRimbo Panjang. Karena nenasmerupakanhasilpertanian yang ikonik di daerahrimbo Panjang. Pelakuusahainiberlomba-lombauntukmembuatcirikhas pada keripiknenasnyadenganmembuatmerek pada kripiknenas yang merekaproduksi.Jenispenelitianiniadalahpenelitianhukumsosiologis, yaitupenelitianberupastudiempiris yang untukmenemukanteori-teorimengenai proses terjadinya dan mengenai proses bekerjanyahukumdalammasyarakat. Penelitianinibertujuanuntukmendatagunamembantumasyarakatmengetahuipentingnyapendaftaranmerekbagiusahanya. Karena masihbanyak para pelakuusahakeripiknenasini yang terkendaladalampendaftaranmerekusahakeripiknenasini.

PENYELESAIAN SENGKETA BATAS TANAH DALAM PEMBUATAN SERTIFIKAT HAK MILIK ATAS TANAH MELALUI MEDIASI DI ATR/BPN KABUPATEN PASAMAN BARAT Apriella Desera Genada; Maryati Bachtiar; Meriza Elpha Darnia
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 location of land boundaries can certainly lead to land disputes that arecontrary to regulations. It is clear that the Regulation of the State Minister for AgrarianAffairs/Head of BPN Number 3 of 1997 and the Implementation Provisions for GovernmentRegulation Number 24 of 1997 Concerning Land Registration states that land registration forthe first time, one of which must collect physical data and land juridical data and severalstages that must be carried out, where The collection and processing of land physical data iscarried out by measuring and mapping the determination of boundaries of land parcels by theNational Land Agency, but there are still individuals who collect and process physical dataunilaterally which results in disputes over land boundaries. The purpose of this study was tofind out the resolution of land boundary disputes in making land ownership certificatesthrough mediation at ATR/BPN in West Pasaman Regency. As well as to find out what thereasons for setting land boundaries in making certificates of ownership rights to land cancause disputes in West Pasaman Regency.The research method used in this study is the sociological method. This research wasconducted at ATR/BPN West Pasaman Regency which was the object of this research case.Then the population and sample are several parties related to the problem under study, aswell as data sources used primary data, secondary data and tertiary data. Data collectiontechniques in this study were interviews, observation and literature review.The conclusions obtained from the research results are First, the settlement of land boundarydisputes in making certificates of ownership rights to land is carried out by mediation 3(three) times carried out by the West Pasaman Regency Land Office as a mediator. Second,the factor causing land disputes in West Pasaman Regency, namely: (a) conflict of interest;(b) structural conflict; (c) value conflict; (d) relationship conflict; and (e) data conflict. Thesuggestions in this writing are First, the applicant for the certificate should be more thoroughand examine the truth about the location of the northern boundary of the land so that landdisputes do not occur with neighbors or residents who are next to our land. Second, the WestPasaman District Land Office should conduct education and socialization regarding landregistration to the public so that land disputes do not occur again in West Pasaman.Keywords: Dispute Resolution-Land Boundaries-Mediation

PELAKSANAAN PEMBAYARAN ROYALTI PADA LAGU YANG DIGUNAKAN OLEH RADIO DI PEKANBARU BERDASARKAN PERATURAN PEMERINTAH NOMOR 56 TAHUN 2021 TENTANG PENGELOLAHAN ROYALTI HAK CIPTA LAGU DAN MUSIK Shofa Rizkina Pratiwi.A; Zulfikar Jayakusuma; Meriza Elpha Darnia
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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Law Number 28 of 2014 concerning copyright, hereinafter referred to as theCopyright Law in Article 1 Paragraph 1, says that copyright is the copyright of thecreator that arises automatically based on the declarative principle after a work isrealized in a tangible form without reducing the complexity in accordance withthe provisions of the legislation. One of the intellectual property products includedin intellectual property rights is a song. The use of songs accompanied by materialbenefits, one of which is in radio media. As quoted from Government RegulationNumber 56 of 2021 Article 3 paragraph (1) that "everyone can make commercialuse of songs and or music in the form of commercial public services by payingroyalties to creators, copyright holders, and or rights owners." related throughLMKN. The purpose of writing this thesis namely; First, the implementation ofroyalty payments for songs used by radio in Pekanbaru city. Second, factors thatbecome obstacles in implementing royalty payments for songs used by radio inPekanbaru city.This type of research can be classified into the type of sociologicaljuridical research, examining the legal aspects by looking at the applicablelegislation and comparing it with the implementation obtained in the field. Thisresearch was conducted at the RRI and Gress FM radio companies, while thepopulation and sample were all parties related to the problems studied in thisstudy. Sources of data used are primary data and secondary data. Methods of datacollection in this study by interviews and literature study.From the results of the research problem, there are two main things thatcan be concluded. First, the implementation of royalty payments on both privateradio and state radio in Pekanbaru has a difference, where royalty payments byprivate radio in Pekanbaru do not carry out according to applicable regulations,while on radio The country, namely RRI radio, stated that the central RRI radiohad paid according to the procedures in force. Second, the factor that becomes anobstacle in the payment of royalties is that private radio does not benefit from theJOM Fakultas Hukum Universitas Riau Volume X No. 1 Januari – Juni 2023 Page 2songs that must be paid royalties and the second factor is due to a lack ofunderstanding of the rules governing the payment of royalties. Author'ssuggestion, First, LMKN must immediately create and use a Song and MusicInformation System and optimize its use to facilitate royalty management.Second, LMKs need to make improvements in collecting royalties, LMKNs needto socialize the Copyright Law, Content, and the rules contained in the Law inorder to increase understanding of the importance of paying royalties.Keywords: Payment-Royalty

HAK-HAK SEORANG NARAPIDANA SEBAGAI PEKERJA DI LEMBAGA PEMASYARAKATAN KELAS II A PEKANBARU Putri Sanaya; Maryati Bachtiar; Meriza Elpha Darnia
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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Being in the correctional system, convicts have obligations that they must carry outand rights that must be fulfilled by the state. These rights and obligations are outlined in LawNumber 12 of 1995 concerning Corrections and Menkum HAM Regulation Number 6 of 2013concerning Rules of Correctional Institutions and State Detention Centers. This researchexamines the rights of an inmate as a worker in the Pekanbaru Class II A CorrectionalInstitution and the fulfillment of the rights of an inmate as a worker in the Pekanbaru Class IIA Correctional Institution.This type of research can be classified as sociological, because in this study theauthor directly conducts research at the location or place under study in order to provide acomplete and clear picture of the problem under study. This research was conducted at thePekanbaru Class II A Penitentiary, while the population and sample were all parties relatedto the problems studied in this study, the data sources used were primary data, secondarydata, and tertiary data, data collection techniques in this study were observation, interview,questionnaire, and literature study.From the results of the study, it can be concluded that the rights of convicts asworkers in Class II A Penitentiary in Pekanbaru have not been carried out optimally, one ofwhich is the absence of guarantees for work safety, because the work provided does not havea high risk and the tools used in work are safe . Nevertheless, convicts should have the rightto work safety guarantees. Second, convicts who take part in the apprenticeship do not get apremium. Even so, some of the rights of convicts as workers have been implemented.Furthermore, convicts working at the Pekanbaru Class II A Penitentiary already know whattheir rights are, so this is also one of the transparent information for convicts about the rightsthey should receive. Second, the suggestion according to the author is that the governmentshould stipulate regulations or laws that regulate in detail the large percentage of wages thatconvicts are entitled to receive as well as adding more tutors/guidance trainers so that theycan match the number of convicts attending training..Keywords: Rights, Prisoners, Workers

PERLINDUNGAN HUKUM BAGI KONSUMEN TERHADAP DEPOT AIR MINUM DITINJAU BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN DI KOTA PEKANBARU Alya Ramadhani Ridarto; Maryati Bachtiar; Meriza Elpha Darnia
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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Law 8 of 1999 on Consumer Protection has guaranteed legal certainty toprotect consumers. This research is related to legal protection for consumersagainst drinking water depots in Pekanbaru City. The development of drinkingwater depots has an impact on consumer concerns. Therefore, it is necessary tostudy first, legal protection for consumers of drinking water depots in PekanbaruCity, second, factors inhibiting legal protection for consumers of drinking waterdepots in Pekanbaru City.This research is sociological legal research, because it is based on fieldresearch by collecting data from interviews, questionnaires and literature studiesthat have a relationship with problems that use qualitative data analysis so as toproduce descriptive data and are concluded with deductive thinking methods.From the results of the study, it was concluded that, first, legal protectionfor consumers of drinking water depots in Pekanbaru city has not been maximizedas expected by the Consumer Protection Law Number 8 of 1999. Second, theinhibiting factors of consumer protection itself are due to consumers lack ofknowledge of their rights that have been regulated in the UUPK, lack ofawareness of business actors to maintain the cleanliness and quality of theirdrinking water, as well as the absence of authority of the Pekanbaru City HealthOffice and the Pekanbaru City Industry and Trade Office to follow up on drinkingwater depots that are not in accordance with applicable laws and regulations.Keywords: Consumer Protection-Drinking Water Depots-Inhibiting Factors.

PEMBATALAN SEPIHAK OLEH PEMBELI DALAM SISTEM BAYAR DI TEMPAT MELALUI E-COMMERCE DI BIDANG PESAN MAKANAN ONLINE DI KOTA PEKANBARU Wigar Johan Hezekia; Firdaus Firdaus; Meriza Elpha Darnia
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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E-Commerce is an online buying and selling transactionvia the internet. E-commerce can be accessed through a website orthrough an application. And the various payment methods offered,can be via account transfer, via electronic money and also with theCash on Delivery (COD) payment system. In its implementation,buying and selling transactions online creates problems. Theproblem that occurs is the unilateral cancellation made by the buyerto the merchants so that the merchants suffers a loss. The purpose ofwriting this thesis: First, to find out the arrangements for unilateralcancellation by the buyer in the on-site payment system via e-commerce in the field of online food ordering in the city ofPekanbaru according to the Civil Code. Second, what are theefforts so as not to harm business actors for unilateral cancellationsby buyers in the on-site payment system via e-commerce in the fieldof online food ordering in the city of Pekanbaru.This type of research used in legal research is sociologicallegal research. Where, this research takes an approach by lookingat legal facts and facts in a society in the city of Pekanbaru. Analysisof the data used is the author to analyze data qualitatively.The research results show that unilateral cancellationsmade by buyers cause losses to business actors. This is because themerchants has carried out his obligations but he does not receivepayment. According to the Civil Code, merchants can file a lawsuitagainst buyers who cancel unilaterally. However, the business actordid not file a lawsuit against the buyer. But merchants submitcompensation to e-commerce.Keywords: Unilateral Cancellation – E-Commerce – Cash On Delivery

PERJANJIAN ENDORSEMENT SECARA LISAN ANTARA INFLUENCER DENGAN ONLINE SHOP (FAMOSTA SHOP) DI TINJAU DARI HUKUM PERDATA Vira Santika; Hayatul Ismi; Meriza Elpha Darnia
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 1313 of the Civil Code concerning agreements, which states that"An agreement is an act by which one or more people bind themselves to one ormore people. Endorsement agreements between Influencers and Online Shopsverbally which often lead to defaults. The purpose of writing this thesis is first, tofind out why influencers do not carry out endorsement agreements that are madeorally in terms of civil law. Second, to find out the obstacles in verbalendorsement agreements between Influencers and online shops (Famosta Shop) interms of civil law.This type of research is sociological legal research, namely researchconducted on the identification of laws and the effectiveness of laws that apply insociety. In this case, look at the reasons for influencers not carrying out theendorsement agreement verbally and what obstacles arise from the verbalagreement. The nature of the research is descriptive which provides precise dataabout humans, conditions and other symptoms.The results of this study indicate that the reasons for influencers notcarrying out endorsement agreements verbally are carried out verbally without athird person as a witness, the influencer's limitations in carrying out agreementsand the obstacles the parties have in making verbal endorsement agreements thatoften occur come from both parties. such as the lack of online shop policies inmaking agreements, influencers do not establish good communication in carryingout agreements so that defaults occur.Keywords:Agreement-Endorsement-Influencer-Online Shop

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