Mexsasai Indra
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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
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

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.
Gagasan Penyederhanaan Jumlah Partai Politik Dihubungkan Dengan Sistem Pemerintahan Republik Indonesia Mexsasai Indra
Jurnal Ilmu Hukum Vol 1, No 2 (2010)
Publisher : Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/jih.v1i02.1155

Abstract

Political reforms in 1998 which was followed by afree and democratic elections in 1999, has a fairly fun-damental change relationship patterns that charac-terized the President and the Parliament many politi-cal parties that play a role in the constitutional struc-ture. Because it came back the idea of simplificationis a political party. efforts to simplify the number ofpolitical parties is a must in order to support an effec-tive presidential system of government, while the ef-fort to do that is by simplifying the number of politicalparties naturally through the electoral threshold,tighten the terms of the establishment of political par-ties dismaping it is also the reality that there is cur-rently a clear need for regulation of the coalition sys-tem.
ANALISIS YURIDIS PERATURAN PEMERINTAH NOMOR 109 TAHUN 2012 TENTANG PENGAMANAN BAHAN YANG MENGANDUNG ZAT ADIKTIF BERUPA PRODUK TEMBAKAU BAGI KESEHATAN Agung Pribadi Azhari; Mexsasai Indra; Ledy Diana
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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One of the problems that is of concern to the author at this time is thecirculation of cigarettes that is not controlled, anyone can consume cigarettes,including those who are not allowed to consume cigarettes, such as childrenunder the age of 18 and pregnant women. In line with Government RegulationNumber 109 of 2012 concerning the Protection of Materials Containing AddictiveSubstances in the Form of Tobacco Products for Health. In GovernmentRegulation Number 109 of 2012 Concerning the Protection of SubstancesContaining Addictive Substances in the Form of Tobacco Products for Health, itappears that there is an intention to put more emphasis on the distribution ofcigarettes.Therefore, researchers conducted research with a normative approach.Normative legal research is legal research conducted by examining secondarydata or library materials consisting of secondary, tertiary, and primary legalmaterials. In Government Regulation Number 109 of 2012 Concerning theProtection of Materials Containing Addictive Substances in the Form of TobaccoProducts for Health, researchers see a deficiency regarding which agency has theright or responsibility to enforce sanctions that apply in the event of circulation ofcigarettes that are not in accordance with applicable law.In the Juridical Analysis of Government Regulation Number 109 of 2012concerning the Protection of Materials Containing Addictive Substances in theForm of Tobacco Products for Health. Urge the Central Government andRegional Governments to deal with the distribution of cigarettes to categories thatare prohibited from consuming cigarettes by adding or inserting articlesgoverning these agencies in Government Regulation Number 109 of 2012Concerning Control of Substances Containing Addictive Substances in the Formof Tobacco Products for Health or by making Regional Regulations governing thedistribution of cigarettes.Keywords: Juridical Analysis-Addictive Substances-Cigarettes-Agency
PENGAWASAN DINAS PERINDUSTRIAN DAN PERDAGANGAN KOTA PEKANBARU DALAM PEREDARAN DAN PENJUALAN MINUMAN BERALKOHOL BERDASARKAN PERATURAN MENTERI PERDAGANGAN REPUBLIK INDONESIA NOMOR 20/M- DAG/PER/4/2014 TENTANG PENGENDALIAN DAN PENGAWASAN TERHADAP PENGADAAN,PEREDARAN DAN PENJUALAN MINUMAN BERALKOHOL Siti Hartinah; Mexsasai Indra; Ledy Diana
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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Abstract

Supervision of the distribution and sale of alcoholic beverages in PekanbaruCity really needs to be carried out in an orderly manner with the aim ofprotecting the public from drinking drinks that are intoxicating and are not verygood for human consumption. Alcoholic drinks may be traded in accordance withthe provisions set by the government as stated in the Regulation of the Minister ofTrade of the Republic of Indonesia Number 20/M-Dag/Per/4/2014 concerningControl and Supervision of the Procurement, Distribution and Sales of AlcoholicBeverages.This type of research is sociological legal research, which is research thatwants to see the correlation between law and society, so as to be able to revealthe effectiveness of the enactment of law in society and identify unwritten lawsthat apply to people in the field or to society. The data sources used are primarydata and secondary data which consist of primary legal materials, secondarylegal materials, and tertiary legal materials. The data collection technique in thisstudy is by observation, interview, literature review. After the data is collected, itis then analyzed to draw conclusions.From the results of the study it was concluded that, First, Supervision of thePekanbaru City Industry and Trade Service in the Circulation and Sales ofAlcoholic Beverages has not been carried out properly. Second, the inhibitingfactors in carrying out Supervision of the Distribution and Sales of AlcoholicBeverages are due to the lack of raids, the lack of community participation, lawenforcement factors and the absence of regional regulations on liquor inPekanbaru City, This is due to the lack of public awareness regarding thenegative impacts of liquor and the lack of strict regulations regarding liquor inPekanbaru City.Keywords: Inhibiting Factors - Alcoholic Beverages - Monitoring
IMPLEMENTASI PASAL 183 PERATURAN MENTERI LINGKUNGAN HIDUPDAN KEHUTANAN NOMOR 9 TAHUN 2021 TENTANG PENGELOLAANPERHUTANAN SOSIAL DI DESA PULAU PADANG KABUPATENKUANTAN SINGINGI Tri Asih Sukma Sari; Mexsasai Indra; Evi Deliana HZ
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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Forests are a source of life for all living things, especially for communitiesaround the forest. With the birth of a social forestry policy, the government hopesto improve the standard of living of the economy and maintain the sustainability offorest areas. In implementing policies, supervision is needed in their management.In Kuantan Singingi Regency, it is one of the areas that received social forestrylicenses. However, the management of social forestry is still not optimal. This canbe seen from the still minimal area of social forestry so that there are still thosewho have not carried out management since the decree was issued, therefore thegovernment's attention is needed so that the objectives of targeted management canbe achieved. The type of research used is sociological legal research. Obstacles insupervising social forestry in Kuantan Singingi Regency include: Lack ofoperational staff, lack of budget, convoluted administrative reporting, lack ofcoordination of related parties, and lack of public knowledge of social forestry. Thesolutions provided include: adding operational personnel such as assistants,encouraging local government budgets in facilitating the implementation ofsupervision, increasing collaboration with PPS Working Groups, providingeducation to the community and assistants so that they can help people inmanagement and prevent forest utilization that is not in accordance with existingregulations .Keyword: Implementation-Social Forestry-Supervation
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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Abstract

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
IMPLIKASI PANDEMI CORONAVIRUS DISEASE 2019 (COVID-19) TERHADAP BADAN PENGAWASAN PEMILU (PEMILIHAN UMUM) PADA PILKADA (PEMILIHAN KEPALA DAERAH) SERENTAK 2020 DIPROVINSI RIAU Endang Sri Utami; Mexsasai Indra; Maria Maya Lestari
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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Abstract

The current outbreak and the increasing number of Covid-19 cases inIndonesia are indeed very influential on the political sector in particular.Considering that this pandemic case is becoming more widespread, thegovernment has issued a policy regarding the postponement of the RegionalHead/Pilkada election in 2020. Indonesia has an agenda to hold a regional headelection on 23 September 2020. However, through a government regulation inlieu of Law (Perpu) Number 2 of 2020. 2020 Regarding the 3rd Amendment toLaw Number 1 of 2015 concerning the Stipulation of Government Regulations inLieu of Law Number 1 of 2014 concerning the Election of Governors, Regents,and Mayors into Law, the Government of Indonesia has decided to reschedule theelections to December 9 2020.The aim of this research is to find out the implications of the coronavirusdisease 2019 (covid-19) pandemic for the election supervisory body (generalelection) in the 2020 simultaneous local elections (regional head elections) inRiau province, by using a research methodology, namely sociological orempirical legal research, which where sociological legal research is research onlaw observing what characterizes a community's behavior in an area in an aspectof social life.The data analysis used by the researcher is qualitative data analysis,namely the analysis which does not use statistics or other things. However,researchers simply describe descriptively from the data obtained. The results ofthis study can be concluded into 3 main things. First, the inhibiting factor for theCOVID-19 pandemic on the supervision of simultaneous regional elections inRiau Province, namely when conducting surveillance during the pandemic, whenthere was an alleged violation, there was clarification via online so thatclarification was not optimal due to online, ineffective reports from the publicabout alleged violations of the candidate pair due to the system.Keywords: Simultaneous Pilkada, Bawaslu, General Election, Covid-19
IMPLEMENTASI PASAL 2 HURUF b PERATURAN MENTERI HUKUM DAN HAK ASASI MANUSIA REPUBLIK INDONESIA NOMOR 8 TAHUN 2019 TENTANG STANDAR PENGELOLAAN DOKUMEN DAN INFORMASI HUKUM MELALUI WEBSITE JARINGAN DOKUMENTASI DAN INFORMASI HUKUM (JDIH) DI BIRO HUKUM SEKRETARIAT DAERAH PROVINSI RIAU Dhea Inneke Putri; Mexsasai Indra; Zainul Akmal
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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Abstract

The standard of management of legal documentation and information is still aseparate record for the Legal Bureau of the Riau Province Regional Secretariat. Themanagement of legal documentation and information is still not in accordance with Article2 Letter B of the Regulation of the Minister of Law and Human Rights Number 8 of 2019concerning Legal Documentation And Information Management Standards because themanagement of legal products on the Documentation and Legal Information Networkwebsite is still experiencing delays in updating legal products because the capacity forstoring legal products on the Legal Documentation and Information Network website isvery limited and results in the content or content of legal products cannot be publishedcompletely, therefore resulting in limited access for people in need.This research is classified as sociological legal research, namely research thatwants to look at the correlation between law and society with the gap between dass sollenand das sein.. The data sources used are primary data, secondary data and tertiary datawith data collection techniques using interviews and literature review.From the research results, there are three main things that can be concluded.First, the implementation of Article 2 Letter B of the Regulation of the Minister of Law andHuman Rights of the Republic of Indonesia Concerning Standards for Management ofLegal Documentation and Information in the Legal Bureau of the Regional Secretariat ofRiau Province can be said to have not run optimally due to delays in updating legalproducts, resulting in delays in updating the latest legal products on the website. JDIH.Second, supporting factors in the process of managing legal documentation andinformation at the Legal Bureau of the Regional Secretariat of Riau Province, namelyadequate facilities and infrastructure such as computers and the internet. Inhibiting factorsin the Riau Province JDIH management process include limited human resources in termsof the Riau Province JDIH management website, lack of guidance and budgeting for theRiau Province JDIH. Third, there is a virus on the JDIH Riau Province website. Third,regarding the efforts made, namely by adding human resources, increasing the budget andincreasing the database storage capacity of the Riau Province JDIH website.Keywords: Legal Documentation and Information Network – Management Standards –Legal Products
PENGUATAN FUNGSI PEMBENTUKAN PERATURAN DAERAH DI DEWAN PERWAKILAN RAKYAT DAERAH KABUPATEN KUANTAN SINGINGI Poni Apri Dila; Mexsasai Indra; Dessy Artina
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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Abstract

Strengthening the function of forming Regional Regulations in the Regional People'sRepresentative Council of Kuantan Singingi Regency in the formation of which there is still alack of Regional Regulations produced by the Regional People's Representative Council in the2014-2019 period. Therefore, it is necessary to study first, the minimum number of RegionalRegulations made, Strengthening the function of forming Regional Regulations in the RegionalPeople's Representative Council of Kuantan Singingi Regency. Second, ideally the role of theRegional People's Representative Council in forming Regional Regulations in KuantanSingingi Regency.This research is classified as sociological juridical research. With the research location atthe Kuantan Singingi Regency Regional People's Representative Council.From the research results, it was concluded that, firstly, the lack of Regional Regulationsproduced by the Regional People's Representative Council was caused by an inadequatebudget, weak function and understanding of the Regional People's Representative Council, thestrong interests of Political Parties and several Regional Regulations that were cancelled.strengthening the function of forming DPRD Regional Regulations, namely allocating thebudget properly, increasing the capacity of the Regional People's Representative Council,increasing coordination between the executive and legislative parties, and strengthening theRegional Regulation Formation Agency. Second, the ideal role of the DPRD in formingRegional Regulations in Kuantan Singingi Regency is to understand the substance of its maintasks and functions, understand and play an active role in the stages of forming RegionalRegulations, and comply with the DPRD's Rules of Procedure.Keywords: Strengthening - Formation of Regional Regulations - Regional People'sRepresentative Council
IMPLEMENTASI PERATURAN DAERAH PROVINSI RIAU NOMOR 12 TAHUN 2002 TENTANG PEMBINAAN DAN PENGAWASAN PENYALURAN BAHAN BAKAR MINYAK OLEH PEMERINTAH KOTA PEKANBARU Vera Magdalena Siahaan; Emilda Firdaus; Mexsasai Indra
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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Abstract

Fuel is a vital need for the community, this can be seen from the high level ofpublic demand for means of transportation, currently transportation is no longer aluxury item but a basic need. in everyday life the use of fuel both in industry andtransportation is increasing. With increasing demand, fuel is not supported bynatural resources and continues to decline, therefore management must be carriedout as optimally as possible. In view of this, to ensure the safety and availability offuel, it is necessary to carry out supervision. In this case, the central governmentthrough representatives of each region or local government, namely the PekanbaruCity Industry and Trade Service, supervises the distribution of fuel in PekanbaruCity. The Department of Industry and Trade of Pekanbaru City is the agencyresponsible for the technical implementation of guidance and supervision of thedistribution of fuel in accordance with regional regulation Riau Province Number 12of 2002 concerning guidance and supervision of the distribution of fuel. The practiceof selling retail fuel oil is prohibited by PT. Pertamina as the main distributor.However, judging from the facts on the ground, there are still many people who dothis by buying fuel oil using jerry cans, purchasing in this way is clearly prohibitedand regulated in the regional regulation of Riau Province Number 12 of 2002concerning guidance and supervision of the distribution of fuel to Article 6paragraph 1 "Each SPBU/PSPD and SPBB are prohibited from selling fuel tobuyers using drums, jerry cans and the like". This research will be structured usingthe type of legal sociological research, namely research that is said to be fieldresearch by examining applicable legal provisions and what happens in people'slives. The data collection technique in this study was a literature study followed byempirical data collection obtained from relevant agencies, as well as conductinginterviews to obtain information directly from informants. The results of the researchconducted by the author are first, every result of supervision can be used as animprovement in improving the quality of service quality. Second, even though thesupervision carried out was in accordance with the procedure, the violations thatwere committed still continued to occur. Not only from within, obstacles also occurfrom outside the management. Where the manager of fuel oil who has responsibilityin the buying and selling process does not understand the applicable rules, andresults in problems for many people (community).