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Pola Partisipasi Masyarakat Daerah Pesisir dalam Rangka Pembentukan Peraturan Daerah Di Kabupaten Bengkalis Mardalena Hanifah; Gusliana HB
Jurnal Ilmu Hukum Vol 6, No 1 (2017)
Publisher : Fakultas Hukum Universitas Riau

Pola Partisipasi Masyarakat pesisir yang ideal dalam Rangka Pembentukan Peraturan Daerah di Kabupaten Bengkalis adalah pola Partisipasi Aktif yang dapat dilakukan dengan cara antara lain, Pertama, mengikut sertakan anggota masyarakat yang dianggap sah dan independen dalam team atau kelompok kerja dalam penyusunan peraturan perundang-undangan. Kedua, melakukan publik hearing melalui seminar, lokakarya ketiga, melakukan uji sahih terhadap peraturan daerah. Keempat, melakukan jejak pendapat, kontak publik media massa; dan Kelima melalui lembaga pemberdayaan masyarakat atau membentuk forum warga.

PERLINDUNGAN HUKUM TERHADAP HAK CIPTA HASIL TENUN SONGKET MELAYU MENURUT UNDANG-UNDANG No 28 TAHUN 2014 TENTANG HAK CIPTA MARDALENA HANIFAH
Jurnal Ilmu Hukum Vol 6, No 2 (2017)
Publisher : Fakultas Hukum Universitas Riau

Bagi masyarakat melayu tenunan songket mempunyai arti yang sangat penting. Berbagai upacara adat seperti pernikahan, kelahiran, kematian, pasti ada songket melayu. Untuk pembuatan tenun songket ini dilakukan oleh pengrajin songket Pekanbaru. Penelitian ini Berdasarkan hasil penelitian Perlindungan Hukum di bidang songket sudah bukan merupakan hal yang baru bagi bangsa Indonesia,oleh karena itu masih perlu dimasyarakat agar dalam masyarakat timbul minat dan kebanggaan untuk menciptakan karya intelektual dan penemuan terutama dalam bidang ilmu pengetahuan,seni dan teknologi.

PELAKSANAAN RESTRUKTURISASI KREDIT PADA MASA PANDEMI COVID-19 PADA BANK RAKYAT INDONESIA UNIT BUKIT BARISAN IMAM MUNANDAR PEKANBARU RIAU. Fania Hanisa Sundjaya; Mardalena Hanifah; Riska Fitriani
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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The covid-19 pandemic in Indonesia has had many impact. One of them isin the health sector in Indonesia and then in the economic sector in Indonesia.One of the institutions affected by the Covid-19 pandemic is PT. Bank RakyatIndonesia, Tbk. According to it’s use, the bank distributes funds to the public inthe form of credit, the bank provides credit facilities. Although the analysis hasbeen carried out, there is no credit facility without risk. If the bank in providingcredit has seen a non performing loan, the bank must try to save the credit. In thiscase, PT. Bank Rakyat Indonesia, Tbk seeks to be able to relaunch bad loans, sothat the recipient of the credit has the ability to repay both interest and credit. Theimplementation of credit restructuring in accordance with POJK number11/POJK.03/2020 can be given to debtors affected by the spread of Covid-19,including UMKM debtors.This research is uses empirical sociological research methods, becausethe author directly conducts research at the research site to provide a completeand clear picture of the problem under study. This research was conducted in PT.Bank Rakyat Indonesia, Tbk Unit Bukit Barisan Imam Munandar PekanbaruRiau, while the population and sample are all parties, namely the bank Mr. AdiSaputra, the OJK as the policy maker, one of them Mr. Yamin, and the customer isMr. Handoko. The data sources used are primary data, secondary data, andtertiary data. The data collection techniques in this study was structuredinterviews in the form of directly with the parties involved in the implementationof credit restructuring during the Covid-19 pandemic.The result of this study there are several things that can be concluded.First, the implementation of credit restructuring during the Covid-19 pandemic atPT. Bank Rakyat Indonesia, Tbk was carried out with a type of term extension,namely interest payments only and delays in principal receivables. Second,obstacles in the implementation of credit restructuring, namely in the negotiationprocess where customers are not cooperative and the bank’s movement is limitedin conducting customer checking processes.Keywords : Credit restructuring, Pandemic period

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

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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 WAKAF TANAH YANG TIDAK MEMILIKI AKTA IKRAR WAKAF (AIW) PADA PERUMAHAN MUTIARA KUALU PERMAI Yolla Indriana; Mardalena Hanifah; Dasrol Dasrol
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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Waqf land in Indonesia has been known and implemented by Muslims since Islamentered Indonesia. Land waqf is one form of waqf object in Indonesia. Waqf has the potentialto advance the economy in Indonesia. This is evidenced by the large amount of waqf land thatshould be developed even more. The problem that occurs is regarding the position of waqfland at Mutiara Kuala Permai Housing. The main problems in this study are: First, how isthe implementation of land waqf that does not have a Waqf Pledge Deed (AIW) at MutiaraKuala Permai Housing Complex? Second, what are the legal consequences of landendowments that do not have a Waqf Pledge Deed (AIW) at Mutiara Kualu Permai HousingComplex?This research is a juridical research or sociological legal research, namely researchconducted directly on location or in the field to obtain data to provide a complete and clearpicture of the problem under study. The population is all parties, namely Mr. Joni Sapriadi,S.E as Nazhir, Mr. Ir. Gustiwan as Head of RT 08/RW 01 Dusun V Kampung Baru, KualuVillage, and Mr. Developer as Mutiara Kualu Permai Housing according to the problemsexamined in this study. Sources of data used primary data sources and secondary data. Datacollection techniques used, interviews and literature review.The results of the research that can be concluded. First, the implementation of waqfland for public facilities that do not have a Waqf Pledge Deed (AIW) at Mutiara Kualu PermaiHousing is known that the existence of land for public facilities from the developer to thecommunity is a form of obligation as a condition that must be met by the developer inobtaining the benefits of the partnership program. subsidized housing from the governmentso that if there is no transfer of land for public facilities, then in essence the housing cannotbe part of the government's subsidized housing program. Based on the status of the landprovided by PT Mutiara Anugerah Mandiri, it is a waqf land. Second, the legal consequenceof a land endowment that does not have a Waqf Pledge Deed (AIW) at Mutiara Kualu PermaiHousing is a violation. In order to avoid sanctions, PT Mutiara Anugrah Mandiri is obligedto complete the Waqf Pledge Deed from the public facility land as soon as possible. Inaddition, for the community, if there is no action from the developer, they can make acomplaint to the Regent through the Kampar Regent through the Kampar District Housingand Settlements Office, Jl. Langgini, Kec. Bangkinang, Kampar District, Riau.Keywords : Waqf – Waqf Land – Waqf Implementation.

PELAKSANAAN PENYALURAN WAKAF UANG DALAM UPAYA PEMBERDAYAAN EKONOMI MASYARAKAT PADA BADAN WAKAF INDONESIA PERWAKILAN PROVINSI RIAU Derisma Wulandari; Mardalena Hanifah; Rahmad Hendra
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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Cash waqf is a legal act of waqf by separating or donating a portion ofone's money to be used for a specified period of time or forever in accordancewith the interests of the waqif used for the purposes of worship or welfare of thepeople according to Sharia law. In its implementation, there was a delay in thedistribution of cash waqf funds raised to be used to improve the welfare of thepeople. Currently, the Indonesian Waqf Agency (BWI) representative for Riauprovince is facing difficulties in managing and introducing cash waqf to thepublic. The community does not see the real results of cash waqf and does notunderstand the concept and existence of cash waqf, even though cash waqf has thepotential to improve people's well-being. The aim of writing this thesis is firstly tofind out the implementation of cash waqf distribution in an effort to strengthen thepeople's economy at the BWI representative of Riau province, secondly to find outthe obstacles and efforts in the implementation of cash waqf distribution in aneffort to strengthen the people's economy at BWI Representative of Riau Province.This research is classified as empirical legal research, namely researchinto the effectiveness of law, how law functions in society. This study wasconducted at the BWI Representative Office of Riau Province, while thepopulation and sample were waqf and waqf management and developmentdivisions related to the issues studied in this study, the data sources used wereprimary data and secondary data, data collection techniques in this studyconsisted of interviews and literature review, after the data were collected andthen analyzed to draw conclusions.The results of the investigation can be concluded: First, the BWIrepresentative of Riau Province is still in the fundraising stage and has beendeposited with the Sharia Financial Institution Receiving Money Waqf. Second,Cash waqf cannot be distributed because there is no Sharia Guarantee Institutionas guarantor or supervisor over the principal amount of the waqf to be managed.Efforts made are the existence of a governor's circular. The author's suggestionis, first, that BWI immediately distributes the benefits of cash waqf. Second, thereare regulations regarding the procedures for managing and developing cash waqffrom the Sharia Guarantee Institution's side.Keywords: Implementation - Cash Waqf - Public Welfare

KEDUDUKAN ANAK LAKI-LAKI DALAM SISTEM PEWARISAN PADA PERKAWINAN ETINIS TIONGHOA BERDASARKAN KEADILAN Anandadhea Putricharina; Mardalena Hanifah; Ulfia Hasanah
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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Inheritance law is a body of regulations that governs the wealth left by the heir andthe effects of this transfer on those who inherit it, both in terms of their relationships with oneanother and with other people. All rights and duties are instantly transmitted to the heirsupon death. According to teachings, the Chinese ethnic community frequently appliescustomary law. The position of a tall boy is more assured. It has long been accepted amongthe indigenous Chinese population that only sons are entitled to the whole inheritance, whilefemales can only inherit jewels. In according to Article 131 IS, which applies to the CivilCode, the Chinese community is considered a population group for the purposes ofinheritance distribution. The goal of this thesis is to investigate the status of sons in thesystem of son inheritance in ethnic Chinese marriages and to learn about the system of soninheritance in ethnic Chinese marriages based of justice.This type of research is empirical research. Basically, it is a comparative studybetween legal ideals and legal reality in the form of actions (law in action). The data sourcesused consist of primary legal materials, secondary legal materials and tertiary legalmaterials. Data collection techniques in this study were carried out by interviews andliterature studies by taking quotations from the literature that had links with the problems ofthis research.The results of the research conducted, there are several conclusions obtained,namely: First, Chinese customs do not regulate in writing regarding the position of children,in practice the position of sons in ethnic Chinese is higher than that of women which iscarried out from generation to generation. Second, justice can be guaranteed from thebinding nature of codified civil regulations in the process of resolving cases of inheritancedistribution in ethnic Chinese communities.Keywords: Inheritance System – Chinese – Boy Position.

TANGGUNG JAWAB PENGUSAHA PARIWISATA TERHADAP KESELAMATAN WISATAWAN BUKIT SELANCANG, DESA AUR CINA BERDASARKAN UNDANG-UNDANG NOMOR 10 TAHUN 2009 TENTANG KEPARIWISATAAN Nadia Sanjaya; Mardalena Hanifah; Ulfia Hasanah
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 20 of Law Number 10 of 2009 concerning Tourism states that everytourist has the right to obtain accurate information about tourist attractions,tourism services that meet standards, legal and security protection, health services,protection of personal rights, and insurance protection against risks. . tourismactivities. tall. The purpose of writing this thesis are: First, to determine theresponsibility of tourism entrepreneurs Bukit Selancang to the safety of touristsbased on Law Number 10 of 2009 concerning Tourism. Second, to find out theobstacles of tourism entrepreneurs in carrying out their responsibilities towardstourists in Bukit Selancang. The type of research used is empirical or sociologicallegal research, because in this paper the author conducts research at the locationor place under study in order to provide a complete and clear picture of the problemunder study. The data sources used are primary data and secondary dataThis research was conducted in Bukit Selancang, Aur Cina Village,Indragiri Hulu Regency. The population and sample in this study were SelancangHill tourists and selancang hill tourism entrepreneurs, and the sources used weresecondary data and primary data. Data collection techniques by means ofinterviews and the data obtained were then analyzed qualitatively. The conclusionthat can be drawn from the results of the First Research, because it refers to severalcases that occurred such as tourists being injured due to inadequate facilities, lossof goods in the form of helmets, in this case the tourism entrepreneur is notresponsible for the losses suffered. by tourists. All these losses must be borne by thetourism entrepreneur Bukit Selancang. Second, the constraining factors that affectthe legal responsibility of Bukit Selancang tourism entrepreneurs in Aur CinaVillage for accidents or losses experienced by tourists are the lack of publicawareness, inadequate facilities or infrastructure and weak supervision from thegovernment.Keywords : Responsibility, Tourism Entrepreneurs, Tourist safety

PEMENUHAN HAK PEKERJA TETAP PT. PROPERTRUST INDONESIA Nexie Nurafifah; Mardalena Hanifah; Setia Putra
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 employment relationship between workers and employers is based on a work agreement, for a work agreement to be realized properly, the rights andobligations that have been agreed upon must be fulfilled by the parties to theagreement. In PT Propertrust Indonesia, which is a company engaged in theproperty sector, which has five permanent workers, but none of the five permanentworkers have fulfilled their rights in accordance with the company's workagreement that has been determined. The formulation of the problem in this thesisis how to analyze the implementation of the fulfillment of the rights of permanentworkers based on the employment agreement of PT. Propertrust Indonesia andwhat are the factors inhibiting permanent workers of PT. Propertrust Indonesiain obtaining their rights.This type of research is a sociological research because with this researchthe author directly conducts research on the location or place under study in orderto provide a complete and clear picture, while the population and sample areHuman Resources Development (HRD) PT. Propertrust Indonesia and permanentemployees of PT. Indonesian property trusts. The purpose of this study was todetermine the implementation of the fulfillment of rights based on the workagreement of PT. Propertrust Indonesia and the barriers to permanent workers ofPT. Propertrust Indonesia in obtaining its rights.The result of this research is the implementation of the fulfillment of therights of permanent workers based on the work agreement of PT. PropertrustIndonesia has not been fulfilled, as evidenced by the absence of a single permanentemployee of PT. Propertust Indonesia whose rights are fulfilled in the form of fees.This is not in line with the work agreement of PT. Propertrust Indonesia which hasbeen agreed by the company with permanent workers with the number:001/PT/PKWTT/V/2019, as well as the inhibiting factors for permanent workersin obtaining their rights from companies and permanent workers. Suggestion fromthe author for the parties involved in labor relations must understand and carryout their rights and obligations correctly to create a fair working relationship forthe parties, and it is hoped that those in the company who have the highestauthority can lead companies with good managerial skills, employers or thegovernment must provide job training and guarantees for the continuity ofpermanent workers and if problems arise in labor relations, they must be resolvedfairly

PELAKSANAAN PERJANJIAN KERJASAMA PENYALURAN LPG 3 KG ANTARA AGEN PT. SARI BUMI RAYA DENGAN PANGKALAN D’HUTAWEST Putri Rahmadani; Mardalena Hanifah; Ulfia Hasanah
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 implementation of the cooperation agreement is the process and method of carrying outthe agreement or agreement of the parties to do something that gives rise to a relationship of rights andobligations of the parties in achieving common goals. Channeling comes from the word channel, whichmeans flowing, forwarding. Liquefied Petroleum Gas, hereinafter referred to as LPG, is a liquefiedhydrocarbon gas under pressure to facilitate storage, transportation and handling, which basicallyconsists of propane, butane or a mixture of both. The purpose of this thesis writer, first is to find out theimplementation of the cooperation agreement for the distribution of 3 kg LPG between agents of PT. SariBumi Raya with D'Hutawest base. Second, to find out the settlement of disputes in the cooperationagreement for the distribution of 3 kg LPG between agents of PT. Sari Bumi Raya with D'Hutawest base.This type of research is sociological legal research or is called empirical legal research.Sociological legal research is legal research that is intended to study and analyze the operation of law insociety, which is manifested in the legal behavior of society. This research was conducted at theD'Hutawest base which is located in the Sukamulia Village, Sail District, Pekanbaru City, Riau. Thesample and population in this study are representatives of PT. Sari Bumi Raya employees andD’Hutawest base owners. Sources of data obtained based on primary and secondary data, data collectiontechniques in research using interviews and literature review.The result of this research, there are two things that can be concluded, the first is theimplementation of the cooperation agreement for the distribution of 3 kg LPG between the agents of PT.Sari Bumi Raya with the D'Hutawest base was not fulfilled. The D'Hutawest Base is said to be included ina default where the debtor fulfills the performance, but not as it should. Second, the settlement of disputesin the cooperation agreement for the distribution of 3 kg LPG between agents of PT. Sari Bumi Raya withthe D'Hutawest base, namely by using an out-of-court settlement is negotiation. The author's suggestion,to the agents of PT. Sari Bumi Raya is expected to be more able to provide direction or socialize aboutthe distribution of 3 Kg LPG like what is good and right to the D'Hutawest base even though there arerules that are not listed in the cooperation agreement.Keywords: Implementation, cooperation agreements, agent, base

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