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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 8 Documents
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Search results for , issue " Vol 5, No 1 (2018): Wisuda April 2018" : 8 Documents clear
ANALISIS YURIDIS PERLINDUNGAN KONSUMEN TERHADAP OBAT-OBATAN TRADISIONAL YANG BERASAL DARI LUAR NEGERI BERDASARKAN UNDANG-UNDANG NO. 8 TAHUN 1999 TENTANG KONSUMEN Efendi, Sumardi; Bachtiar, Maryati; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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The State has appointed the Food and Drug Supervisory Agency (BPOM) as a Non Departmental Government Institution established to carry out government duties in the field of drug and food control in accordance with applicable laws and regulations. BBPOM domiciled in Jakarta and to carry out its duties in the area of BBPOM has a technical implementation unit one of them in the form of Center for Food and Drug Supervisor (Balai Besar POM) in the area with their respective working areas. Based on the above background, the authors are interested to explore it more deeply, because with the circulation of these drugs are not accompanied by labels from BPOM, so this can harm consumers as users of these drugs, however health is the main thing, but how it is the case if the sick body is entered by traditional drugs that harm the body, can even result in death.The author sets out the following key issues on How Consumer Protection Against Traditional Drugs Originating From Abroad Based on Law no. 8 of 1999 on Consumers and How Constraints in Consumer Protection Against Traditional Drugs Originating From Abroad Based on Law no. 8 Year 1999 About Consumers.This writing when viewed from the type of research is classified as normative legal research that is research conducted by examining the legal library materials associated with the problem, whereas if viewed from the nature of this research is descriptive research that explains in the form of a clear sentence and detailed.From the results of the research that protection of consumer protection against traditional drugs originating from abroad pursuant to Article 1 paragraph (1) of Law no. 8 Year 1999 About Consumer Protection is any effort that ensures the existence of legal certainty to provide protection to consumers conducted by BBPOM in charge of supervising the circulation of drugs on the market. As an example of a case carried out by BBPOM Pekanbaru who made the arrest of the owner of Drug Store Sumber Rezeki Makmur located in Mal Pekanbaru. From the results of the arrest was confiscated evidence of drugs originating from China bamboo curtain country. Constraints In Consumer Protection Against Traditional Drugs Originating From Abroad Based on Law no. 8 of 1999 About Consumers are: No direct responsibility from pharmaceutical companies to consumers, Lack of supervision conducted by BBPOM on drugs from abroad, lack of human resources, lack of participation from the community and lack of law enforcement to business actors.Keywords: Consumer Protection Traditional Medicine - From Abroad
TINJAUAN YURIDIS KEDUDUKAN ANAK DALAM PERKAWINAN CAMPURAN DITINJAU DARI UNDANG-UNDANG NOMOR 12 TAHUN 2006 TENTANG KEWARGANEGARAAN Brison, Boris; Bachtiar, Maryati; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Mixed marriage in Indonesia has been widely practiced in Indonesia. Marriage conducted between citizen and foreign citizen can bring legal effect to husband and wife who do the mixed marriage, both about citizenship of couples of citizen in this case married to foreigners. In civil law, it is known that man has a legal status since he was born, Article 2 of the Criminal Code provides an exception that a child still in the womb can be a legal subject if there is a desirable interest and is born alive. Man as subject of law means to have rights and obligations, as well as to children, children have authority in the status of property ownership in the household and have inheritance when the divorce arises from the marriage of both parents. With the many occurrences of mixed marriages in Indonesia, legal protection in mixed marriage and child protection in this mixed marriage should be well accommodated in Indonesian legislation.This type of research is normative legal research that focuses on the level of legal syncrosion with document studies on the position of marriage mixed children according to Law No.12 of 2006 on Citizenship, while if viewed from the nature of this research is descriptive. This study uses secondary data that is ready-made dataThe result of this research is the position of the child of mixed marriage products according to Law Number 12 Year 2006 regarding the Citizenship of the Republic of Indonesia that the child of the mixed marriage has the right to decide or to choose citizenship. The right is granted if it meets the requirements set after the age of 18 years. The provisions governing to elect citizenship to a child of mixed marriage shall be provided only to the child who is registered or registered at the Immigration Office. Factors that cause child custody in the case of divorce are in the father of foreign citizenship is the cause of divorce comes from Mother, father has more ability in financing life of child and child of its own who wants parenting is on your side.Keywords: child status, mixed marriage.
PELAKSANAAN PERKAWINAN DENGAN WALI HAKIM DI KEPENGHULUAN SUAK TEMENGGUNG KECAMATAN PEKAITAN KABUPATEN ROKAN HILIRDITINJAU DARI HUKUM ISLAM Susilawati, Ningrum; Ismi, Hayatul; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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The law of marriage in Religion of Islam has a very important provision, therefore the rules concerning marriage are arranged and explained clearly and in detail. Islamic Marriage Law is basically not only regulate the practice of marriage but also regulate all issues closely related to marriage. The marriage procedure in Indonesia is categorized differently from one to the other because in Indonesia it recognizes the existence of various religions and beliefs, which are different.Marriage is a sacred part of life, because it must pay attention to norms and rules of life in society. According to the provisions of Article 2 paragraph (1) of Law Number 1 Year 1974 that a marriage is considered valid if done according to religion and belief and recorded by authorized officials. In Indonesia, marriage regulations For Muslims are set out in detail in the Compilation of Islamic Law on get alon and the terms of marriage that must be met and between one with others should not be left behind. One of them is about the guardian in marriage. If the guardian of the nasab is still in place and there is no obstacle whatsoever then he must marry the bride in order of position of guardianship arranged in Articles 21,22 and 23 KHI.The problems that the authors make the basis of the research is How the implementation of marriage with the judges guardian in Kepenghuluan Suak Temenggung, What factors cause the implementation of marriage with the guardian judges in Kepenghuluan Suak Temenggung and what is the result of marriage with judges in Kepenghuluan Suak Temenggung Pekaitan District Rokan Hilir Regency reviewed of Islamic law. The research method used is descriptive sociological juridical. Source of data used in this research that comes from primary and secondary data. Data analysis uses qualitative data analysis and draw conclusions with deductive methods. The results of this study indicate that: first, marriage is done with the judges guardian at the time the wali nasab is in place and without any obstacle to marrying the bride. Second, the factors causing the marriage with judges are due to customary factors, inability to pronounce lafaz marriage contract, religious factors, educational factors, and lack of socialization from the relevant agencies. As a result of the implementation of this marriage is the unfulfillance of the get alon and marriage conditions in accordance with Articles 21, 22 and 23 KHI, not achieving Article 2 of the UUP, marriage can be canceled and become a habit in the community kepenghuluan Suak Temenggung. According to the authors, people who have the right of guardianship in a marriage exercise should be better able and understand in using the right of guardianship because the role of the guardian determines the validity of a marriage implementation.Keywords: Implementation - Marriage - guardian of judges - Kepenghuluan Suak Temenggung
PEMBAGIAN HAK WARIS PADA PERKAWINAN POLIGAMI DALAM MASYARAKAT ADAT MINANGKABAU KECAMATAN MATUR KABUPATEN AGAM Hasanah, Ulfia; Zuliantika, Ananda; Ismi, Hayatul
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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In Minangkabau indigenous peoples the search property of husbands dividing their inheritance rights under Islamic law both in monogamous marriages and polygamy. Basically polygamous marriage must have a lot of husbands injustice as the head of the household. The division of inheritance of Islamic law in Minangkabau adat is somewhat ambiguous as the understanding of Minangkabau indigenous people towards Islam is low. In the general community, especially Agam Regency, there are still many problems faced in terms of distribution of inheritance, then in writing will be discussed about the prerogative of inheritance rights in polygamy marriage in Minangkabau indigenous people. The purpose of writing this thesis, namely: First Knowing how to divide the heirs in polygamy marriage in Minangkabau indigenous people Matur Sub-district Agam regency, Second Knowing the obstacles in the issue of division of inheritance rights in polygamy marriage in Minangkabau indigenous people Matur sub-district Agam regency.This type of investigation can be categorized into a sociological juridical research type. Because in this study the authors directly conduct research on the location or place studied in order to provide a complete and clear picture of the problem under study. This research was conducted in Matur sub-district, while the population and sample were all parties related to the problem studied in this research. Sources of data used, primary data, secondary data and tertiary data, data collection techniques in this study by observation, interview and literature study.From the results of the study concluded that the division of inheritance on the wife and children in polygamous marriage in Minangkabau indigenous people has not been fully done inheritance law of Islam. Distribution of inheritance in the form of deliberation with consensus with the whole family. The problem that arises in the distribution of inheritance to wives and children in polygamous marriages in Minangkabau indigenous peoples is that the nephew / nephew is included in the heirs who are entitled to the heirs private property. It is not in accordance with the division of inheritance in accordance with the Islamic inheritance law which prioritizes the distribution of inheritance to the wife or children of the testator as regulated in the Quran Sura Annisa. If a dispute arises between the two, the standard is perfect, that is, the law of inheritance of Islami.Keywords: Inheritance - Polygamy - Islamic Heritage - Minangkabau
PEMENUHAN HAK TENAGA KERJA DALAM PENERIMAAN UPAH PEKERJA HARIAN LEPAS PADA(BBI) BALAI BENIH INDUKDI KECAMATAN RETEH KABUPATEN INDRAGIRI HILIR BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN Hapsah, Siti; Bachtiar, Maryati; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Workers can not be denied existence in an intermediate working relationship theparent seed center with its workers, because they give each other a product plants that canbring benefits to the parent seed parent itselt. Meaning that the worker is a very importantfactor in a business activity carried out in the main breeding center. One of those cases doesnot fulfill the right of the worker daily freelancers who have the status of workers/laborees inacceptance of unfair wages in accordance with the legislation can be found in the main subdistrictseedlings reteh districts indragiri downstream, freelance worker less get welfareregarding the acceptance of unfair wages of 1.760.000 (one million seven hundred and sixtythousand rupiah ) per month that workers should earn 2.163.658 ( two million one hunfredsixty three thousand six hundred fifty eight rupiah ) per month.it appears that workers onlyearn wages that are still below the minimum wage, whereas based on government regulationnumber 78 year 2015 about wages in chapter 3 says that: wage policy is directed to theachievement of income that fulfills a decent living for the workers.The purpose of writing this thesis, nemely: to know how the fulfillment of the rights ofdaily workers freely in the receipt of wages at the parent seed center in the subdistrict ofindragiri downstream district. Second, to find out the cause of non-fulfillment the right ofdaily workers freelance in the receipt of wages at the main breeding center in the subdistrictof indragiri downstream regency.This type of research is a sociological study, because of the research on the effectiveness ofthe prevailing law.This researchwas conducted at the main breeding center in the subdistrictof indragiri downstream, while the population and sample were is a whole party related tothe problems studied in this study, data sources used, primary data,secondary data andtertiary data, techniques data collection in this study by interview and literature review.From the results of research problems there are two main things that can beconcluded. First, casual workers who work in the main breeding centers receive wages lessthan the minimum wage set by the downtream indragiri district. Second, the cause of wagesless than the minimum wage of indragiri downstream regencies is a system of less controlledand sanctioned sanctionss which is less run by the labor and transmigration offices of thedownstream indragiri district. The author’s suggestion, first, the casual worker must be madea written work contract in order for, the wage given in accordance with the minimum.Second, the labor and transmigration services must perfrom their functions as supervisionand protection for the workforce.Keywords : daily wage-worker fulfillment of parent stock
PELAKSANAAN PUTUSAN HAKIM YANG TELAH BERKEKUATAN HUKUM TETAP ATAS PENGEMBALIAN BARANG BUKTI DI KEJAKSAAN NEGERI INDRAGIRI HULU Setio, Heri Anjar; Indra, Mexsasai; , Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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The AGO is not only in charge of prosecution, but also as executor of the judges decision which has obtained permanent legal force, as regulated in Article 270 of the Criminal Procedure Code which appoints the prosecutor as the executor of the court decision. Therefore the Public Prosecutors Office Indragiri Hulu in addition to the prosecution of criminal acts, also focused on the evidence that has been picked on the content of court decisions. Which is known in terms of execution of judicial decisions by judges about the evidence is so under-emphasized because in the case of the trial, the defendant in the case of the criminal act is focused. Judging from its authority, the prosecutors office has the right in returning the evidence which has been listed by the judge in the execution of the court decision whether it belongs to the defendant or the victim, judging from the storage place of the evidenced so much, the writer is interested to examine the execution of the judges verdict which has the permanent legal force for the return of evidence at the Indragiri Hulu State Prosecutor Office.The researcher wants to study and answer the problem of how the execution of the judges decision which has the permanent legal force over the return of the evidence? as well as the barriers that occur in the implementation of the return of evidence that has obtained legal force remains? and also how the efforts undertaken in overcoming the barrier of return of evidence that has obtained legal force remains?The method that writer use is by method of sociological approach with collecting data as follows: literature study, document study, and interview.The results of the study and discussion can be concluded that the judge made a letter of passage of the verdict, the decisions came out 1 week after the verdict was read by the judge. The petition of the verdict is then granted to the prosecutor for the prosecutor to prepare the minutes of the judges determination (BA-6) and make the report of the evidence-taking event (BA-20), then (BA-6) and (BA-20) awarded to the defendant or party which is mentioned in the contents of the decisions made by the judge, because the minutes of the proceedings constitute notification of the collection of evidence as stated in the contents of the decision in the Prosecution or RUPBASAN. Constraints in the implementation of the return of evidence by the prosecutor that the lack of clarity of the address to the owner of the evidence, the vehicle is still a credit, and the period of return of evidence has not been set in concrete causing the storage space of evidence becomes full, Suggestion case author who has received the decision of Inkracht Prosecutor the executor of the judges verdict shall promptly return the evidence to the person mentioned in the content of the decision or those who are entitled in accordance with the laws governing it. As well as the addition and renewal of infrastructure to minimize the accumulation of evidence at the AGO and RUPBASAN.Keywords: Procurator - Goods Proven - Judges Decision
PELAKSANAAN PERKAWINAN DI BAWAH UMUR PADA MASYARAKAT ADAT TALANG MAMAK DESA TALANG PERIGI KECAMATAN RAKIT KULIM KABUPATEN INDRAGIRI HULU Lestari, Rafida; Ismi, Hayatul; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Talang Mamak is also called Orang Adat, Langkat Lama or Talang. The title of Talang means a person who lives in remote areas and is alienated in the forest. The pattern of settlements scattered, generally located on the left side of the river with a small number of households or huts. Talang Mamak customary tribe located in the District of Rakit Kulim one of them located in Talang Perigi Village is a group dependent on the existence of nature. They use forests for medicinal materials, forest plants are also used for living equipment, such as woody species, bark, leaves, sap, rattan, and bamboo.Childrens life Talang Mamak tribe who live in Talang Perigi village generally do not have education because they do not have birth certificate and so and because these indigenous peoples do not see the future and do not attach any importance to it then thats the children of indigenous tribe Talang Mamak many do not hold education. Talang Mamak indigenous peoples in Talang Perigi Village generally adhere to Islam, but in marriage they put forward the marriage based on their customary belief.The purpose of writing this thesis, namely; First, To know the implementation of underage marriage on indigenous peoples Talang Mamak Tribe in Talang Perigi Village, Rakit Kulim Sub-district Indragiri Hulu Regency, Secondly, To know the factors of underage marriage in Indigenous people of Talang Mamak Tribe in Talang Perigi Village Rakit Kulim Kabupaten Indragiri Hulu.This type of research is a sociological research, because the author of the study of the effectiveness of the current law. This research was conducted in Indigenous Peoples Talang Mamak Indragiri Hulu, while the population and sample were all parties related to the problem studied in this research, data source used, primary data, secondary data and tertiary data, data collection technique in this research with interviews, questionnaires and literature study.From the results of research problems there are two main things that can be concluded. First, Customary Law does not recognize the age limit of immature and adult. Secondly, the law is applied if there are children who have problems due to marriage under age. In addition also from the point of moral norms due to the law, many people who will criticize for marriage underage. Suggestion of the writer, First, the public should not be influenced by the prevailing customs and traditions. Secondly, the Government by revising Law Number 1 Year 1974 The support and demand for the revision of the Marriage Law is a manifestation of a joint effort to save the ahead of Indonesian children.Keywords: Marriage - Under Age - Indigenous Peoples - Talang Mamak
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENYALAHGUNAAN IZIN TINGGAL OLEH WARGA NEGARA ASING BERDASARKAN UNDANG-UNDANG NOMOR 6 TAHUN 2011 TENTANG KEIMIGRASIAN DI KANTOR KEIMIGRASIAN KELAS I PEKANBARU Saragih, Jusuf Fransen; Indra, Mexsasai; , Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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As contained in Article 1 number 21 of Law Number 6 Year 2011 on Immigration, Tingga Permit is a permit granted to foreigners by an immigration official or an official of a foreign office to reside in the territory of Indonesia. It permits the stay by foreigners is a provision which is prohibited by law no mor 6 of 2011 on immigration governed by Article 122 which reads, shall be punished with imprisonment for a period of 5 (five) years and a maximum fine of Rp500. 000.000,00 (five hundred million rupiah): a. Any foreigner who deliberately misuses or performs activities that are inconsistent with the intent and purpose of granting a residence permit granted to him; b. Any person who orders or gives opportunity to a foreigner misuses or undertakes activities that are inconsistent with the intent or purpose of granting the residence permit granted to him or her.The type of research or approach done by the author is juridical sosilogical legal research. This research was conducted at the Office of Immigration Class I Pekanbaru. This location was chosen because the criminal case of immigration permit misuse was done by foreigners in Pekanbaru area. In this study the authors menggunakas data sources that can be grouped as beriku: Primary data, ie data obtained directly in the location of research. Secondary data, that is data obtained indirectly through a library (library research).From the research problems that dihad fire by the Immigration Office Class I Pekanbaru, namely: First, the law enforcement carried out by the criminal act of abuse of immigration to the residence permit by foreigners. Second, obstacles or experienced pengahambat factor k piha weld Immigration All I Pekanbaru in conducting law enforcement abuse of a residence permit is the lack of immigration officials is not comparable to the work area. Third, efforts made piha k Immigration Class I Pekanbaru in overcoming one of them is proposing the addition of an immigration office in each district in order to facilitate monitoring of the presence of strangers.Keywords: Law Enforcement-Crime-Abuse-stay permit

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