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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
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Search results for , issue " Vol 5, No 2 (2018): Juli - Desember" : 9 Documents clear
PELAKSANAAN PERJANJIAN JUAL BELI ONLINE (E-COMMERCE) PADA ONLINE SHOP MONSTREATION Indrasari, Rahmayani; Firdaus, Firdaus; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Online buying and selling deals are pecianities that bind the need to spend the same amount ofgoods, and other parties acting as buyers tie in to buy something prices and transactions are made using theinternet network. Online shop Monstreation has unique products and jackets in the clothing business offeredon social media. One of them is Instagram. Surely an online shop has several provisions that must be obeyedby the parties so that no loss occurs. Becase of its virtual nature that allows the parties not to face eachother, there will be several disputes.This type of of research is sociological legal research, namely research in the form of empiricalstudies to find theories about the process and the process of working the law in society. In this case theauthor serves the implementation of an online sale and purchase greement (E-commerce). This researchwas conducted at the Monstreation Online shop in the city of Pekanbaru. The population and sampe areonline shop Monstretation and the sampe is buyer at the online shop Monstreation.From the results of the study the authors concluded that the implementation of an online buying andselling agreement (E-commerce) between online shop Monstreation and buyers has not been carried outproperly, this is seen from: First, Default made by Monstreation online shop such as: production defects,late production and shipping of goods. Second: defaults from other buyers, namely: transactioncancellation, asking for compensation that incriminates the online shop. The author's suggestion, First, forthe online shop Monstreation to provide clearer information about products and improve the productionprocess of clothes and jackets, while for buyers to do not cancel the orders, for parties to obey their rightsand obligations. each party well. Second, in a relationship there needs to be good communication betweenonline buying and selling agreements, it is necessary for the parties to establish good communication so thatthe agreement is implemented according to the expectations of the parties so that disputes in theimplementation of online buying and selling can be overcome.Keywords: Buying and selling agreement - Online Shop Monstreation - Default
PENYIDIKAN TINDAK PIDANA PERJUDIAN DALAM GELANGGANG PERMAINAN OLEH KEPOLISIAN RESOR KOTA PEKANBARU Putri, Hana Aulia; ', Erdianto; Rahmadan, Davit
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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The social problem that is still mushrooming in the community is the phenomenon of gambling. Gambling is an act that is contrary to religious, moral, moral and legal norms, and is harmful to the livelihoods and lives of the people, nation and state. People who use the opportunity to play gambling as stipulated in article 303 of the Criminal Code are subject to criminal sanctions as stipulated in article 303 bis of the Criminal Code, with a maximum imprisonment of four years or a maximum fine of Rp.10,000,000.00 (ten million rupiah). In Pekanbaru City, gambling cases are increasingly happening with various modes used, one of which is gambling in the game arena with a mode as a children's playground. Game venues that should be played by children but misused or converted as gambling places played by adults. The purpose of this thesis writing is to find out the investigation of the crime of gambling in the game arena by the Pekanbaru City Police to find out the obstacles in investigating the crime of gambling in the game arena by the Pekanbaru City Police, and to find out the efforts made by the Resort police Pekanbaru City in overcoming barriers to investigating gambling crimes in the game arena.This type of research can be classified in the type of empirical juridical research. Because in this study the author directly conducts 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 at the Pekanbaru City Police Department. The results of research conducted by the author are first, Investigation of criminal acts of gambling in the playground by Pekanbaru City Police Force is carried out with the stages of receiving reports / complaints, investigations, stages of investigation and forced efforts. Second, the obstacles faced in conducting investigations are the difficulty of proof because the place of the game is closed, lack of awareness and legal awareness of the community, and the intervention of the parties or certain elements. Conducted by Pekanbaru City Police in overcoming barriers is holding special learning activities for the police, conducting legal counseling, conducting patrols and routine surveillance, fighting police officers who protect crime, and forming a special team to spy on places that are often used as gambling places.Keywords: investigation - gambling - game arena
TINJAUAN YURIDIS TERHADAP HAK EKONOMI PENCIPTA BERDASARKAN UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA ', Marzuki; Bachtiar, Maryati; Deliana, Evi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Economic rights are the exclusive right of an Authir or a Copyricght Holder to obtain economic benefits to the Work. Economic right may be transferred to a licensed party who has entered into an agreement with the creator. As for several matters which make economic rights an exclusive right, provided for in article 9 paragraph (1) of Law Number 28 Year 2014 concerning Copyright, Creator or Copyright Holder as reffered to in Article 8 has the economic right to do a.Publishing Creation; b.The copying of Creation in all its forms; c. The translation of Creation; d.Adjustment, arrangement, transform Creation; or e.Publication of Works or copies there of; f.Show Creation; g.Problems and objectives to be discussed in this thesis is to know how the form of protection of economicrights law creator.This type of research is normative, because iin this study the authors directly conduct research on legislation that regulates the copyright. The author’s research focus is on protecting the economic right of the creator, to see whether the protection afforded by lawis capable or not to protect the creator’s copyrighted work against the perpetrator of copyright infingemen.From the results of the study it can be concluded that the violation of the economic rights of the creator is still happening, the lack of legal awarenessof the community towards the protection of the economic rights of the creator is still one of the main obstacles in implementing the law and regulations of copyright, therefore the role of the law enforcer in implementing the law copyright is necessary, in order to create the protection of copyright law that is expected by the creator and able to encourage creativity of creators in the work with a sense of security because the creation of a copyright protection is expected during this.Keywords: Legal Protection – Economic Right – Creator – Copyright
IMPLEMENTASI RESTORATIVE JUSTICE DALAM PENYELESAIAN TINDAK PIDANA PENCABULAN TERHADAP ANAK OLEH KEPOLISIAN SEKTOR MANDAU Fitri, Defira Ratu Sari; Artina, Dessy; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Increasing crime in Indonesia results in the emergence of various modus operandi in the occurrence of criminal acts. In addition, the lack of public knowledge about criminal law causes one to be a victim of a criminal act or a criminal offender. One of the perpetrators is a criminal act of abuse. The offense of abuse is a criminal offense and violates decency and decency. Restorative Justice is an alternative or other way of criminal justice by putting forward the integration approach of the perpetrator on the one hand and the victim / community on the other as a unity to seek. Restorative Justice is the concept of completion on the effort of retaining or repairing / restoring damaged condition or condition as result of a crime. The ones to be restored / repaired / restored are victims, perpetrators of criminal acts, and other damages caused by criminal acts in the community. Therefore, it needs to be studied simultaneously about the First Implementation of Restorative Justice in the settlement of crime against children in Police Sector Mandau. Second, the role of the Mandau Sector Police in settling criminal acts of child abuse.The type of research used in the writing of this law is the study of sociological law. Population and sample are all parties related to the problem studied in this research, data source used, primary data, secondary data, and tertiary data, data collecting technique in this research by interview and literature study.The results showed that there are two main points that can be concluded. First, Restorative Justice can repair damages or losses, restore the situation as it was, and restore the quality of the relationships of the parties involved and related. Not all cases of abusive offenses can be resolved with penal mediation. Rather there must be a selection of crimes that have been committed or are being dealt with. So if it is done with the situation of the victim full of injuries, the recidivists and the occurrence of intercourse, then can not be settled by mediation but done according to the applicable law. Second, the role of the Mandau Sector Police in the settlement of criminal acts of abuses against children, such as Pre-emtive Action and Pre-Ventive (non-penal) Action. The author's suggestion Firstly, the police should improve and maximize its performance in order to implement the protection of the rights of victims of the crime of child abuse in accordance with Law Number 35 Year 2014 regarding the amendment to Law Number 23 Year 2002 regarding Child Protection. Second, For the government so that the investigator / auxiliary investigator to immediately issue a Government Regulation or Legislation Law which is the legal basis for investigators in the application of the concept of Restorative Justice settlement of criminal acts of child abuse.Keywords: Implementation - Restorative Justice - Obscene - Underage
Penegakan Hukum Terhadap Penyertaan dalam Tindak Pidana Pemurnian atau Pengolahan Emas Tanpa Izin di Kabupaten Indragiri Hulu Berdasarkan Pasal 55 Kitab Undang-Undang Hukum Pidana Anggreini, Indri; ', Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Article 33 Paragraph (3) of the 1945 Constitution of the Republic of Indonesia states that: "Theearth and water and the natural resources contained therein are controlled by the State and used as much aspossible for the prosperity of the people. Understanding of mining according to Law Number 4 of 2009concerning Mineral and Coal Mining, Article 1 Paragraph (1) mining is a part or all stages of activities inthe framework of research or management of mineral or coal which includes general investigation,exploration, feasibility studies, construction , mining, processing and refining, transportation and sales, andpost-mining activities. Gold mining and refining activities also took place in the Indragiri Hulu Regencyspecifically in Selunak Village, Batang Peranap Subdistrict, besides in Batang Peranap District the samething happened in Peranap Subdistrict and in Kelayang District. The activity was carried out by the peoplewho were around the area and there were even people from other regions. This activity has become alivelihood for the community, but the gold processing and refining activities were carried out withoutpermission, so that in conducting these business activities they did not see the impact that would be causedby their activities.This research is a sociological or empirical research that is the type of research that uses theassumption of the community in finding facts that occur in the field to answer an existing problem. Thisresearch was carried out in the jurisdiction of the Indragiri Hulu Resort Police. While the population andsample are parties related to the problems examined in this study, data sources used, primary data,secondary data, and tertiary data. Data collection techniques in this study with interviews and literaturereview.From the results of the research that the researcher did, it can be concluded, first, LawEnforcement for Participants in Participating in Crimes of Unlicensed Gold Purification and Processing inIndaragiri Hulu Regency Based on Article 55 of the Criminal Code, Indragiri Hulu Regional Police havenot fully enforced the law, because there is still room for perpetrators criminal act. Barriers to LawEnforcement against Participants in Participation in Unlicensed Gold Purification or Processing inIndragiri Hulu Regency are human resources (HR) factors, the difficulty for the investigator in obtainingevidence in the form of letters, documents and other evidence. The efforts made by the Police, here are theefforts that have been made by the Police in law enforcement, the recruitment of human resources needed bythe Police must be done transparently and the employee must have certainty and capability in the Policefield, the mutation system and job rolling must be truly pay attention to the principles of justice and qualityof human resources, increase training for the Police.
KEDUDUKAN SAKSI VERBALISAN DALAM KITAB UNDANG-UNDANG HUKUM ACARA PIDANA. NABABAN, LIA DANIATI; ', Erdianto; ', Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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The verbal witness is a witness from the investigator where his presence in court has not been regulated in the Criminal Procedure Code, but is often presented in court when the defendant revokes all or part of the investigation report (BAP) which has been made before the investigator in the hearing. The purpose of this thesis, namely; first, the validity of the testimony of verbal witnesses and their relationship with Article 184 of the Criminal Procedure Code of legal evidence; secondly, the extent to which the testimony of verbal witnesses influenced the judges' decision in the present trial in Indonesia. This type of research is normative legal research, namely research on legal systematic, where research on legal systematics is the study of certain legislation or written law. The aim is to establish identification of the fundamental terms of rights and obligations, legal events, legal relations and legal objects. From the results of the study and discussion it can be concluded that first: the testimony of the verbalist witness will be valid if given under oath and by the testimony judge of the verbalist witness can be used as evidence of evidence in court; second, the testimony of the verbal witness is limited to what is recorded by the investigator during the investigation process so that it becomes the sole responsibility of the judge to conclude the abrogation of the defendant's BAP is acceptable or not by assessing the suitability of the testimony of the witness of verbalism with other evidence presented in the hearing. Suggestion of the writer, first: the witness of verbalism should at the time of giving testimony in the hearing to give an honest statement considering his testimony will be used by the judge as evidence of evidence in the hearing. Secondly: the judge should possess the skills and legal skills and mature mastery skills of the subtlety of the proof so that if the defendant revokes the BAP that has been made before the judge's investigator will be able to consider by judging the suitability of the evidence presented in court.
Tinjauan Tentang Larangan Praktik Monopoli dan Persaingan Usaha Tidak Sehat Terhadap Dominasi Penjualan Rokok Merek Sampoerna di Wilayah Kecamatan Kampar Timur Wahyuni, Maida; Ismi, Hayatul; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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On the basis of article 4 paragraph (1) of Act No. 5 Of 1999 Year Antitrust explained thatbusinessmen are prohibited from making agreements with other businessmen to jointly conduct a mastery ofthe production and marketing of the goods or and or service can result in the occurrence of monopolisticpractices and/or unhealthy business competition, it is in accordance with the activities of the banned Partyconducted the Sampoerna represented by the agent. Party Sampoerna has conducted cooperation with thestore owner who is Kampar Sub-district of Eastern region, that businessmen who had made that agreementwill not receive promotional materials from other businessmen or smoking other stores only focus on thepromotional materials of the Sampoerna only. Activities performed by the Treaty the sampoerna partycontrary to the contents of article 19 of the Act number 5 Year 1999 regarding mastery of the marketexplains the businessmen are prohibited from performing one or more activities, either alone or otherbusinessmen jointly led to competition and antitrust practice efforts is not healthy. The purpose of writingthis thesis, namely; First, figure out the implementation of the rights and obligations held the trademonopoly and competition practices pose a business isn't healthy, secondly, knowing the legal efforts resultfrom the cooperation agreement.This type of research can be classified in types of sociological research, because in this study theauthors direct research on the location or place a complete thorough in order to give a complete and clearpicture of the problems researched.From the results of the research there are two staples that can be summed up: first, theimplementation of the rights and obligations of trade raises monopoly and competition of unhealthybusinesses and the implementation of Act No. 5 of year 1999 has not yet been fully realised due to lack ofunderstanding of the people against the monopolistic practices Act. Second, efforts are being made in thepelaksaan Agreement committed the parties Sampoerna which resulted in competition and antitrustpractices effort was to provide socialization to society who do not understand about violations in agreementto the detriment of other businessmen as indicated in Act No. 5 of year 1999, later for businessmen who dopractice prohibited monopolies should be given strict sanctions by the relevant agencies of the Government,through the the authorized institution such as the Commission's competition Watchdog's efforts to superviseand investigate the behavior of businesses that practise a monopoly.
PELAKSANAAN PERJANJIAN KERJA ANTARA SUPIR DAN PENGUSAHA JASA ANGKUTAN PADA CV. ALEXSANDER TRAVEL Marpaung, Enra Alexsander; Deliana, Evi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Civil Code, Article 1313 of the formulation of the Contract or the Agreement, Article 1338 all agreements made by fulfilling the conditions prescribed by the Act are the Laws for those Who Make It. Law Number 13 Year 2003 concerning Manpower, Article 51 Paragraph 1 agreement made in writing. CV. Alexsander Travel has business in public transportation services, route Pekanbaru-Jambi PP. Its work system is contained in a work agreement that has been blessed. The purpose of writing this thesis, namely to know the implementation of existing work agreements on CV.Alexsander with driver. This type of research is classified in the type of research of Sociological Law, namely research on the effectiveness of the current law, the nature of this research is descriptive research that describes systematically, facts and characteristics of the object studied appropriately. Research conducted at CV.Alexsander travel intersection arengka 2 ring road Pekanbaru, while the population and sample are all parties related to this research, whether it is businessmen, and workers / drivers. Sources of data used are primary data and secondary data, data collection techniques used are interviews and questionnaires. From the results of research problems there are three main things that can be concluded that First, the implementation of the work agreement on CV.Alexsander travel has not been fulfilled in its entirety. Second, the obstacles in implementing the work agreement there are internal factors, related to the performance of the driver is less than the maximum, as well as external factors related to the proliferation of travel-dark travel that does not have route permission. Third Efforts that can be done by each Party is to work maximally, to make achievements according to the contents of the employment agreement, as well as support of the Department of Transportation related to conducting raid operations on illegal transport and transportation that does not have route permission. Suggestion of the writer, the parties who carry out the contents of the work agreement, do seriously or with legal awareness, make achievements on the contents of the employment agreement, so that all try to maximize, to minimize the barriers all parties must synergize in advancing the company, the effort that can be done is by exercising their respective obligations in order to gain their respective rights as well. Keywords: Implementation of work agreement, CV.Alexsander travel, driver
PENEGAKAN HUKUM DALAM MENANGGULANGI TINDAK PIDANA PEREDARAN MAKANAN KEMASAN YANG TIDAK MEMILIKI IZIN EDAR DI PROVINSI RIAU Ambarita, Agustin Pratiwi; Deliana, Evi; ', Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Food packaging that does not have a marketing authorization will threaten the health and safety of consumers because there is no guarantee of the safety and nutritional quality of the Food and Drug Supervisory Agency. Therefore, it is important that circulation permits issued by the government through prevent the occurrence of imported food packaging that threatens the health of consumers. Therefore, in Article 37 paragraph (1) of Law No. 18 of 2012 on Food states that every domestic food import must meet the requirements of security, quality, nutrition and not contrary to religion, belief and culture of society. However, in reality there are still many packaging foods that do not have distribution permit in the community. The research formulation of this thesis that is: first, How law enforcement against the circulation of food packaging that does not have distribution authorization in Riau Province? Secondly, What are the constraints of law enforcement efforts on the circulation of food packaging packaging that does not have distribution authorization in Riau Province? Thirdly, how is the effort to overcome the obstacle of law enforcement on the circulation of food packaging that does not have distribution license in Riau Province?The method of sociological juridical research, because in this study the authors directly procure research on the location and place studied in order to provide a complete and clear picture of the problem under study. This research was conducted and some shops selling packaged food which did not have circulation permit, while the population and sample were all parties related to the problem studied in this research. Sources of data used, primary and secondary data, and tertiary data, data collection techniques in this study with questionnaires, interviews, and literature review.The results of the study there are three points inferred. Firstly, law enforcement conducted Pekanbaru has not run optimally. This is because the Food and Drug Supervisory Agency Pekanbaru less intensity in conducting surveillance, so it is still found traders who sell food packaging that does not have a marketing authorization and light sanctions given to the perpetrator. Second, the constraints of external and internal factors. Third, the Food and Drug Supervisory Agency Pekanbaru effort to overcome the obstacles faced in overcoming the circulation of packaged food that does not have distribution license, additional employees, sanction and socialization of Consumer Complaint Service Unit Suggestion Writer: First more optimal supervision, Second improve cooperation with related parties, the third increases the roleKeywords: Law Enforcement-Permit Food Delivery Packaging

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