Muhammad A. Rauf
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PERAN PEMERINTAH DAERAHKOTAPEKANBARU DALAM PENYEDIAAN RUANG KHUSUS MENYUSUI DI INSTANSI PEMERINTAHAN BERDASARKANPERATURAN WALIKOTA PEKANBARU NOMOR48TAHUN2015 TENTANG PEMBERIAN Rahmawita Asari; Emilda Firdaus; Muhammad A. Rauf
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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The issuance of the mayor’s regulation of Pekanabaru Number 48 of 2015 conceringthe provision of exclusive breast milk, article 3 paragraph 1 which states the support forexclusive breastfeeding must be carried out by families, communities, state/private-ownedenterprises, city governments and the support as referred to in paragraph 1 covers theprovision of breastfeeding times and places to breastfeed (ASI corner). The formulation ofthe problem in this thesis, namely: First, the role of the local government of the city of newweek in an effort to provide a special room for breastfeeding in government agencies.Second, the inhibiting factor in the effort to provide a special room for breastfeeding ingovernment agencies. Third, the efforts that must be made by the Pekanbaru city governmentare to maximize the provision of special breastfeeding rooms in government agencies.This type of research is a sociological legal research, because it is based on fieldresearch, namely by collecting data from interviews questionnaires, and literature studiesthat are related to the problems to be studied, assisted by primary, second and tertiary data.The research was conducted at the Pekanbaru City Health Office, the Pekanbaru Mayor’sOffice, the Pekanbaru Public Service Mall, the Pekanbaru City Women and ChildrenEmpowerment Service, Sail District,Binawidya District , and the Pekanbaru City RegionalPeople’s Representative Council of Pekanbaru city. While the population and sample are allparties related to the problem under study, namely all regional apparatus organizations inthe city of Pekanbaru and female employees who work in the office or government agency ofthe city of Pekanbaru. This study uses qualitative data analysis and produces descriptivedata.From the results of the study if can be conclude that. First, the role of the PekanbaruCity government in providing a special breastfeeding room in government agencies has notrun optimally. Second, the inhibiting factors from the implementation of the provision ofspecial breastfeeding room in government agencies are regulatory factors, budget factor,lack of coordination factors, human resources factors,lack of data collection, lack ofsocialization, education and information and supervision factors. Third, the efforts that havebeen made to overcome the inhibiting factors are, establishing standard operatingprocedures, and conducting counselingKeywords: Role-exclucive mother’s milk room-special room for breastfeeding
PELAKSANAAN KEWENANGAN KEPALA DESA TERHADAP PEMBANGUNAN INFRASTRUKTUR JALAN DESA DALAM PERSPEKTIF OTONOMI DESA DI DESA SUKA DAMAI KECAMATAN RUPAT UTARA KABUPATEN BENGKALIS Ega Julianda Putri; Gusliana HB; Muhammad A. Rauf
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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Abstract

Law Number 6 of 2014 concerning Villages, in Article 26 paragraph (1) states, "TheVillage Head is in charge of administering Village Government, implementing VillageDevelopment, Village community development, and Village community empowerment". TheVillage Law gains the position of the Village as the "spearhead of development" that is morecomprehensive and tangible by taking into account the principle of diversity, prioritizing theprinciples of village recognition and subsidiarity. Then Government Regulation Number 72 of2005 Article 7 letter b also provides an overview of the implementation of village autonomy in abroad, real, responsible manner, in which it is stated that government affairs are under theauthority of the Regency/City whose arrangements are handed over to the village. The programthat is of concern to the Suka Damai Village Government is the improvement of village roads asthe main means of transportation for the community. Based on this, this study aims to find outhow the implementation of the village head's authority on the development of village roadinfrastructure in the perspective of village autonomy in Suka Damai Village, Rupat UtaraDistrict, Bengkalis Regency.This thesis is a sociological legal research, that is, this research looks at theeffectiveness of the law on villages in implementing the authority of the Village Head in SukaDamai Village, Rupat Utara District, Bengkalis Regency. This study uses primary data sourcesand secondary data sources, also uses data collection techniques in this study are interviews, andliterature review, and concluded in a qualitative way.Based on the research conducted, the results and conclusions are obtained that theVillage Government continues to make improvements by utilizing simple materials producedfrom nature, such as forest wood. The Suka Damai Village Government, assisted by thecommunity, did not hesitate to repair the main axis road that was passed by the villagecommunity in their daily activities. However for maximum improvement, the Suka Damaivillage government is still waiting for budgetary funds from the center. As for the obstacles inthe implementation of the village head's authority on the development of village roadinfrastructure, namely the factors of limited budgets, the high need for village infrastructuredevelopment, and the lack of good communication between the government and tha community.Keywords: Village Head – Infrastructure Development - Village Autonomy
PELAKSANAAN PELAYANAN KESEHATAN RUMAH SAKIT UMUM DAERAH KOTA DUMAI BERDASARKAN UNDANG-UNDANG NOMOR 25 TAHUN 2009 TENTANG PELAYANAN PUBLIK DI MASA PANDEMI VIRUS COVID-19 Fikri Saputra; Dessy Artina; Muhammad A. Rauf
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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Health is a state of well-being of the body, soul and social life that enables sociallyand economically productive life. The law also regulates health services for its citizens,where Indonesia is currently facing several population health problems that still needserious attention from all parties because the impact will affect the quality of Indonesiain the future. The purpose of writing this thesis, namely; First, to find out theimplementation of health services at the Dumai City Hospital during the Covid-19period based on Law Number 25 of 2009 concerning Public Services, Second, to findout what are the obstacles and conveniences in carrying out Law Number 25 of 2009concerning Public Services in Services the health of the Dumai City Hospital during theCovid-19 period.This type of research is sociological juridical. The data sources used are primarydata and secondary data consisting of primary legal materials, secondary legalmaterials, and tertiary legal materials. Data collection techniques in this study usedobservation, interviews, and literature review. After the data is collected then analyzedto draw conclusions.From the results of the study it was concluded that: First, health services inhandling patients during the Covid-19 pandemic at the Dumai City General Hospitaldid not fully meet service standards according to Law Number 25 of 2009 concerningPublic Services. So it can be concluded that the services provided by the DumaiRegional General Hospital are still not good. Second, obstacles in the implementationof health services in handling patients during the Covid-19 pandemic at the Dumai CityGeneral Hospital, when viewed from indicators of the effectiveness of public serviceshave not been fully maximized, because there are several deficiencies such as: lack ofparking space, lack of rooms and beds for inpatients, lack of medical equipment, lack ofdoctors and nurses, lack of ambulances, lack of human resources in providing servicesin the laboratory department. Author's suggestion, First, Dumai City Regional GeneralHospital is a health center in Dumai City, it is hoped that nurses when providingservices will be more responsive, provide faster services to patients, provide facilitiesthat are still lacking, provide doctors, and provide more services. friendly towardspatients when providing services so that patients feel comfortable and satisfied whenreceiving services to patients. Second, efforts need to be made in order to improvehealth services at the Dumai City General Hospital by increasing the professionalquality of medical personnel, adding vehicle units from ambulances and others,laboratory services need to add medical personnel, and add doctors.Keywords: Health Services-Monitoring-Covid-19 Virus Pandemic
EKSISTENSI BADAN PERMUSYAWARATAN DESA DALAM MENAMPUNG DAN MENYALURKAN ASPIRASI MASYARAKAT DI DESA MAHATO KECAMATAN TAMBUSAI UTARA KABUPATEN ROKAN HULU Arif Rahman; Dessy Artina; Muhammad A. Rauf
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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The Village Consultative Body is not an element of village administration. The VillageConsultative Body is only an institution that has a government function, standing aloneoutside the village government structure. The enactment of Law article 55 Number 6 of 2014., again changed the arrangements related to village government. However, in this study theMahato Village Consultative Body, Tambusai Utara District, Rokan Hulu Regency, has notbeen able to carry out the functions of the Village Consultative Body in Accommodating andDistributing the aspirations of the Mahato Village Community, this study aims to examinefurther related to the existence of the Village Consultative Body in accommodating andchannel the aspirations of the village community.This type of research is sociological juridical research which emphasizes the researchapproach to legal aspects relating to the subject matter discussed, in relation to the facts orrealities that exist at the research location. This research was conducted in Mahato Village,North Tambusai District, Rokan Hulu Regency, by conducting research in Mahato villagegovernment, Mahato Village Consultative Body, Traditional Leaders, and Mahato VillageCommunity, the data sources used are primary and secondary data, data collectiontechniques in this study were carried out by observation, questionnaires, interviews andliterature review.In the results of research problems there are main things that can be concluded. First,the existence of the village consultative body in accommodating and channeling theaspirations of the community has not been implemented properly, in accordance withapplicable regulations. Second, the Village Consultative Body has not been able tounderstand what is meant and how to accommodate and channel the aspirations of thecommunity and there is no forum or infrastructure from the village government toaccommodate and channel the aspirations of the community. The three efforts to fulfill theobligation to carry out the function as a reservoir and channel the aspirations of thecommunity are only carried out by public complaints in coffee shops. However, in fulfillingthis community's rights, the Mahato Village Consultative Body seeks to increase communityparticipation and further improve the functions and authorities of the performance of theVillage Consultative Body.Keywords: Existence – Function
TINJAUAN YURIDIS PEMBENTUKAN UNDANG-UNDANGNOMOR 3 TAHUN 2022 TENTANG IBU KOTA NEGARA DIKAITKAN DENGAN PASAL 5 UNDANG-UNDANG NOMOR 12 TAHUN 2011 TENTANG PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN Adrefido Aditia; Mexsasai Indra; Muhammad A. Rauf
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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The formation of a new legal product must certainly understand the sciences inmaking statutory regulations. As one of them is to understand the principles in the formationof laws and regulations. The formation of a statutory regulation certainly has reasons andclear objectives in a country, one of which is Law Number 3 of 2022 concerning the StateCapital. However, the process of forming a law was very fast and seemed rushed becauseideally it was in accordance with the standard operational procedures for preparingAcademic Papers and Draft Laws which were prepared within a period of 3 months. Thereis no transparency and openness, as well as the lack of participation from the public in theprocess of forming the law.The objectives to be achieved in this research are the first, namely to find outthat the Formation of Law Number 3 of 2022 concerning IKN is linked to the principle oftransparency according to the formulation of Article 5 of Law Number 13 of 2022 Amendmentto Law Number 12 of 2011 concerning the Formation of Legislation. . Second, so that theideal concept for the formation of Law Number 3 of 2022 concerning IKN is known, which inthe Perspective of Law Number 13 of 2022 Amendments to Law Number 12 of 2011concerning the Formation of Legislation..From the results of the research, can be concluded. First regarding theFormation of Law Number 3 of 2022 concerning IKN, it is associated with the principle oftransparency according to the formulation of Article 5 of Law Number 13 of 2022 Amendmentto Law Number 12 of 2011 concerning the Formation of Legislation. The Second IdealConcept of Establishing Law Number 3 of 2022 Concerning IKN in the Perspective of LawNumber 13 of 2022 Amendment to Law Number 12 of 2011 Concerning the Formation ofLegislation.The authors, in the formation of the IKN Law, is in accordance with thehierarchical provisions for the formation of laws and regulations. The new law must complywith and be guided by the existing law and in the future the ideal concept of making aregulation or legislation must be given the opportunities for the public to participatecomprehensively and holistically. The ideal concept that is right for the future, when there isa bill, the DPR and the Government will immediately provide the draft to the public. As wellas the DPR and the Government making an application to accommodate people’s aspirationsin providing input to the bill Draft Law before the Draft Law is passed.Keywords: Establishment – Laws – IKN – Regulations - Principles of Openness
TINJAUAN KEWENANGAN PENJABAT KEPALA DAERAH BERDASARKAN UNDANG-UNDANG NOMOR 10 TAHUN 2016 TENTANG PERUBAHAN KEDUA ATAS UNDANG-UNDANG NOMOR 1 TAHUN 2015 TENTANG PENETAPAN PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG NOMOR 1 TAHUN 2014 TENTANG PEMILIHAN GUBERNUR,BUPATI, DAN WALIKOTA MENJADI UNDANG-UNDANG Nurhazlina Afia; Mexsasai Indra; Muhammad A. Rauf
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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The 1945 Constitution does not explicitly emphasize the direct filling ofpositions for the process of filling the positions of Regional Heads in the regions,The existence of simultaneous Regional Head Election Preparations is a mandatefrom Law Number 7 of 2017 and Law Number 10 of 2016, has an impact onleadership in area Be it governors, regents or mayors related to the term of office.Replacement of leadership in the regions before the end of the regional head'sterm of office is based on statutory regulations where regional heads who aredemocratically elected can be replaced by Acting (Pj) Regional Heads. ) Districthead. As for the issues to be discussed are: 1) What is the authority of the Acting(Pj) regional head in the perspective of laws and regulations? 2) What is the idealconcept of the authority of the Acting (Pj) regional head in administering theGovernment. The type of research used in this legal research is normative legalresearch. Conceptual Approach). Number 1 of 2014 Concerning the Election ofGovernors, Regents and Mayors Becomes Law. Article 201 paragraphs (10) and(11), resulting in the extent of the Authority of the Acting Regional Head andunclear boundaries of authority. The two ideal concepts of the authority of theActing (Pj) regional head include: a) The Authority of the Acting Regional Headis regulated clearly and firmly in the Law -Acts on the grounds that the term ofoffice of Acting Regional Heads is sufficient, b) Implementation in establishingstrategic policies for Acting Regional Heads involves the Role of the DPRD, thisis very important related to the relationship of interests between the regionalgovernment and the Regional Representatives Council, c) There are rulesregarding Accountability of Acting Heads Region on the implementation ofAuthority, so that the content and time are clear responsibility for the authority ofthe Acting Regional Head.Keywords: Authority, Acting Regional Head, Act
TINJAUAN YURIDIS TANGGUNG JAWAB KOMISI PEMLIHAN UMUM (KPU) DALAM MENINGKATKAN PARTISIPASI MASYARAKAT PADA PEMILIHAN UMUM SERENTAK Dara Mutiara Wani; Mexsasai Indra; Muhammad A. Rauf
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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The General Election Commission (KPU) juridically has the responsibility oforganizing the democratic party stage commonly known as elections. Thus, the main key inthe successful implementation of elections lies in the hands of the KPU, this is regulated inLaw Number 17 of 2017 concerning General Elections. Voter participation is ofteninterpreted as an indicator of electoral success in various electoral histories in Indonesia.One of the factors of low political participation in the community is due to socializationwhich is only carried out ahead of simultaneous elections. Not only that, the KPU is still notoptimal in providing understanding and awareness for voters to participate in simultaneouselections and socialize about elections.This type of research can be classified into the type of normative legal research. Thisstudy used secondary data consisting of primary legal materials, secondary legal materials,tertiary legal materials and data collection techniques were carried out using the librarystudy method.From the results of the research and discussions carried out, there are severalconclusions obtained, namely: First, the responsibility of the KPU in increasing publicparticipation in simultaneous elections has not run optimally and there are still shortcomingsin carrying out its duties and responsibilities in accordance with applicable regulations.Second, the factors inhibiting the KPU in increasing public participation in simultaneouselections include geographical location, lack of role of political parties, community mindset,problems with the Daftar Pemilih Tetap List (DPT), obstacles when conducting socialization,limited human resources owned by the KPU, and negative public views on elections. Third,the ideal concept of KPU in increasing community participation in the 2024 simultaneousgeneral elections consists of various efforts that can be done including, carrying outsocialization of Goes to Campus and Goes to School, socialization with assisted citizens,forming democratic cadres and embracing community and youth organizations, the use ofsocial media and mass media, dissemination of information through props, socialization ofmobile cars, methods of socialization with electiontainment, democracy ambassadorprograms, and working with educational agencies and work environments to disseminate A5forms. The author's suggestion is that there is a need to strengthen the KPU institution as awhole by creating a new legal rule or a separate KPU regulation regarding the KPU'sresponsibility in increasing community participation, so that later related to the functions andauthorities of the KPU will be stronger, especially in increasing public awareness toparticipate in simultaneous elections, so that later a legal certainty and rules are guaranteedby individuals and the community in political participation.Keywords: KPU, Community Participation, Simultaneous General Elections
POLITIK HUKUM PENATAAN RUANG TERBUKA HIJAU DI KOTA DUMAI DITINJAU DARI PERATURAN DAERAH KOTA DUMAI NO 15 TAHUN 2019 TENTANG RENCANA TATA RUANG WILAYAH KOTA DUMAI TAHUN 2019-2039 Lillaha Lekterda; Dessy Artina; Muhammad A. Rauf
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Discussing legislation cannot be separated from the basic concept of therule of law in a region, besides that regional autonomy as a consequence ofimplementing the principle of decentralization has provided a lot of fresh air,especially for the regions. The regional government which is an extension of thecentral government to run the wheels of government in order to achieve the goalof being a state has the responsibility to provide the best for its people. A healthyenvironment is one that must be obtained by every citizen, especially in an urbanarea. In urban planning, green open space is one of the requirements that must bemet so that the city can carry out its functions properly and pay attention to theenvironment. There are still many cities that have not been able to meet theminimum requirements for green open space, resulting in the questioning of therole of laws in the wheels of government. This study tries to answer the existingproblems by linking legal political theory and statutory regulations in making aregulation which does not conflict with the rules above it. City spatial planning isneeded to make a city able to fulfill aspects that have been mandated by law, inthis case green open spaces as a means of supporting the life of urbancommunities who still pay attention to the environment.Keywords: Regional Regulations - Political Law - Green Open Space - SpatialPlanning
TANGGUNG JAWAB NEGARA TERHADAP PEMENUHAN HAK KESEHATAN JIWA DI MASA PANDEMI COVID-19 DALAM PERSPEKTIF HAK ASASI MANUSIA Rani Rinaldi; Dodi Haryono; Muhammad A. Rauf
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Fulfillment of mental health rights before the pandemic still had problems that had notbeen resolved by the government, until the emergence of the Covid-19 pandemic mental healthincreasingly did not receive the government's attention, causing significant problems. Laws andregulations that legitimize that mental health is health that must be considered like physicalhealth, have not been sufficiently implemented because the government has not made mentalhealth a top priority in handling a pandemic.This type of research can be classified as normative research, because in this study theauthor examines legal theories and principles and examines literature based on legalsystematics. Sources of data used, primary data, secondary data and tertiary data. Datacollection techniques in this research with literature studies found general concepts related toresearch problems.From the research results there are three main things that can be concluded. First, theright to get fulfillment of mental health during the Covid-19 pandemic is a guarantee that cannotbe released and is the responsibility of the state. Second, the mental health law is considered tostill have limited regulations regarding the fulfillment of mental health rights during the Covid-19 pandemic. Third, there needs to be a change in the rules because ideally a law and regulationalways experiences continuous development. Author's suggestion, First, the government needs tocarry out mental health management in a planned manner to thoroughly evaluate theimplementation of mental health rights during the Covid-19 pandemic. Second, the governmentin its active character needs to be required to carry out governmental tasks in accordance withthe authority it has.Keywords: State responsibility - Mental Health - Covid-19 Pandemic - Human Rights
KAJIAN HUKUM TENTANG EFEKTIVITAS PENGATURAN MASYA- RAKAT HUKUM ADAT MENGENAI PERLINDUNGAN HAK-HAK TRADISIONAL DALAM PERSPEKTIF HAK ASASI MANUSIA DI INDONESIA Dicky Wahyudi; Emilda Firdaus; Muhammad A. Rauf
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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One of the implementations of people's sovereignty is the implementation of theprotection of the traditional rights of indigenous and tribal peoples based on humanrights, abbreviated as HAM. Indonesia is known as a nation rich in customs and culture.The existence of indigenous peoples who have even existed since before the unitarystate of the Republic of Indonesia existed, it is still difficult to get recognition andprotection, including protecting their customary territories.This type of research can be classified into normative research, namely findingthe truth of coherence, that is, are there legal rules according to legal norms and arethere norms in the form of orders or prohibitions that are in accordance with legalprinciples and whether a person's actions are in accordance with legal norms or in legalresearch called research on legal principles (not just in accordance with the rule of law)or legal principles.From the results of the research problem there are two main things that can beconcluded. First, the regulation on the protection of indigenous peoples is a legal policyin an effort to protect the human rights of indigenous peoples made by the Governmentin the form of laws and regulations based on philosophical, sociological and juridicalaspects, but the current ones are not optimal and in accordance with Pancasila and whatis aspired to. by the 1945 Constitution of the Republic of Indonesia.,. Second, the idealconcept of legal politics to protect the rights of indigenous peoples based on humanrights principles is to harmonize and synchronize existing laws and regulations becausethe political law to protect the rights of indigenous peoples in the regions does not yethave clear regulations. The author's suggestion is First, the President together with theDPR must immediately pass the Draft Law on indigenous peoples so that the legalcertainty for the recognition of indigenous peoples is more secure. Second, the NationalLegal Development Agency must review the laws and regulations governing indigenousand tribal peoples so that there are no multiple interpretations of the rights of indigenousand tribal peoples so that there are no more crimes against the human rights ofindigenous and tribal peoples committed by entrepreneurs using instruments.Keywords: Keywords: -Customary Law Society, -Legislation, -Legal Politic