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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
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Search results for , issue "Vol 1, No 2 (2014): Wisuda Oktober 2014" : 94 Documents clear
TINJAUAN YURIDIS TERHADAP PRAKTEK INSIDER TRADING DALAM PASAR MODAL INDONESIA Sere Intan A.Sinaga; Hardi '; Rahmad Hendra '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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ABSTRACTIndonesia is a development country which has improvement in many departments. The development in entrepreneurship is one factor concerned to development succeed. Through investing in capital market, business can improve continuously because it can accept fund from the investors. The implementation of openness principle is needed to keep capital market stable. Infraction to openness principle causes practice of insider trading. Prohibition to insider trading has deal with the improvement of capital market because it depends to the investors’ beliefs who invest in stock which issued by public corporate. The beliefs of the investors can be influenced by conspiracy of insiders to achieve advantages. Laws No.8 by 1995 about Capital Market in chapter 95-98 has arranged the prohibition insider trading practice. But in fact it still happened in public company which impact financial lost to investors, public corporate, even capital market. This research purpose to analyze normatively how characterized insider trading, and how the protection issue to the investors in the case of insider trading practice.Through this problem research, I have found two main points concluded. First, arrangement of characterized insider trading in Capital Market Laws does not appropriate and not capable to deceive doer so that this practice might happen to public corporate. Second, the prohibition to insider trading which in Capital Market Laws is still not able to give a complete protection to the investors because insider trading can be maximized.I suggest, first, we need a specific law about insider trading in Indonesia, for instance the arrangement of insider trading which owned by United States of America. This arrangement works to deceive doer and to keep investors trust in capital market. Second, to protect the investors from insider trading practice, it is needed to form a specific court in capital market to solve insider trading practice and also to give education about capital market to maintenance the law institution so that can make an easier way in maintenance the laws because by the effective law maintenance is a kind of protection to the investors.Keywords: observation- insider trading-capital market
TINJAUAN YURIDIS TERHADAP PEMBERIAN GRASI BAGI TERPIDANA NARKOTIKA DI INDONESIA ( Study Kasus Schapelle Leigh Corby ) Desi Anggraeni '; Mukhlis Ridwan '; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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ABSTRACTGranting clemency 5 (five years) agains tAustralian citizen Schapelle Leigh Corby by Presidentcaused controversyfromvarious parties. Althoughthe granting of pardonis aprerogative of the presidentin accordancewithArticle14 paragraph(1) of Actof 1945andLaw No.5 of 2010concerning Amendmentto Law Number22Year 2002 onclemency, clemencybutare considered lessappropriate becausenarcoticscrimeisaseriouscrimeandIndonesia isa party tothe Conventionof the United Nationsandhas ratified the conventionthroughLaw No.7of 1997is nowset inAct No.35 of 2009 onnarcotics.The purposeofthis study, to knowthe procedureforgrantingclemencyCorbyconvictedof narcoticsandtoknow the basicconsideration ofthe President ingranting pardonstoconvicteddrugCorby.The research wasdone byusing anormativeapproach, namely the principles of law, the typeof datain this researchis to useprimary legal materialsof the Constitution ofthe Republic of IndonesiaYear 1945, andthe Act, secondarylegalmaterials(books relating toresultsresearchthat isgrantingpardons toconvictednarcoticsandthe datafromthe internet) andtertiarylegal materials(Dictionary of Indonesian Language), data collection techniquesin this studywith thestudy ofLibrarianshipanddata analysisusing thedeductivemethodisa way ofdrawing conclusionsfromthe propositionthatgeneralto thespecific.From the research problem , there are two main things that can be inferred . First , the procedure and the process of granting pardons given to court decisions that have permanent legal difficult decision and was taken after long consideration , and a sense of humanity and justice Consider , for Corby often have sickly . Suggestions author , First , the good Supreme Court imposes limits to the President to use his power . Second , the President may grant clemency to provide basic reason juridical considerations clearly , firmly and accountable as well as taking into consideration the relevant agencies .Keywords: Judicial Review-GrantingClemency-ConvictedNarcotics
PENGAWASAN PENJUALAN OBAT KERAS OLEH BADAN PENGAWAS OBAT DAN MAKANAN PEKANBARU BERDASARKAN UNDANG UNDANG NOMOR 36 TAHUN 2009 TENTANG KESEHATAN Deo Andika Putra S; Rika Lestari; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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ABSTRACTHealth is the most important thing needed by the human body. Efforts to improve the quality of life in the health sector is a business that is very extensive and thorough, these efforts include increasing public health both physical and non-physical in accordance with Law No. 36 Year 2009 on Health. Sales of the drug is essentially a very helpful community in curing the disease, because it facilitates the provision of drugs to facilitate the healing of illnesses suffered by someone either drug -free or drug sold by prescription given. However, drug sellers often sell drugs not in accordance with the applicable rules. For example, in memjual hard drugs on a person without a doctor's prescription and do not know the purpose of the use of hard drugs. Sales of these drugs can essentially harm the public because of indiscriminate use of hard drugs can pose a danger to people's self -defeating, because hard drugs are drugs in the purchase must be accompanied by a doctor's prescription Although there has been a rule that is sufficiently severe sanction the sale of hard drugs but still occurs in everyday life, of course it is devastating for the community.Keywords: Supervision, Sale Of Hard Drugs, Health
PERJANJIAN KERJASAMA WARALABA, ANTARA PT. RAOS ANEKA PANGAN DENGAN NY. HJ. MARYENIK YANDA, SH. lhamdi *; Rahmad Hendra; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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ABSTRAKThe franchice agreement has distinctive characteristics of this form of agreement in general. Clause franchise agreements generaly even been determined by government regulation number 42 of 2007 on franchise.To ensure legal certainty in the franchise business franchisor and franchisee always make the franchise agreement. The franchise agreement is a very important position in the franchise business, to get a Franchise Registration Certificate. The purpose of this thesis to determine the rights and obligations of the franchisor and the franchisee in a franchise business execution raos noodles and to investigate the problems and constraints to the implementation of the franchise raos noodles under the franchise agreement, between PT. Raos Aneka Pangan with Ny. Hj. Maryenik Yanda, SH. This type of research is empirical juridical research. Empirical legal research is primarily a study of the laws of nature describe or depict a conflict between the law in books and law in actions. The data source used is the primary law, secondary and tertiary. From the results of this study concluded, the rights and obligations in the execution of the franchise agreement, is required to be made in the content of the franchise agreement as mandated by Article 5 of Government Regulation No. 42 Year 2007 on Franchising. While the problems and obstacles that a lack of attention in fostering business Franchisor Franchisee Franchisee thus can be considered to run his own business.Keywords: Franchise Agreement, Franchisee And Franchisor.
PELAKSANAAN PENYIDIKAN TINDAK PIDANA JUDI ONLINE BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK DI WILAYAH HUKUM POLISI RESOR KOTA PEKANBARU Frontya Moren Westy; Mukhlis Ridwan; Erdiansyah *
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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ABSTRACTCriminal online gambling there were many now. Cases of criminal acts onlinegambling in the City Pekanbaru was caused many people want to find opportunities to meettheir basic needs. But with no possible needs are met with many people to do the things thatare against the rule of law , affecting negative impact on public order and security of thecommunity. I'm interested in doing research with the title of an investigation of a CriminalAct Online gambling Based on Act No. 11/2008 about Information and ElectronicTransaction in Law Region Police Resort City of Pekanbaru . In this final project will bediscussed about the issue of How An investigation of a Criminal Act Online gambling Basedon Act No. 11/2008 about Information and Electronic Transaction in Law Region PoliceResort City of Pekanbaru . What are the inhibiting factors which occurred in An investigationof a Criminal Act Online gambling Based on Act No. 11/2008 about Information andElectronic Transaction in Law Region Police Resort City of Pekanbaru . Whatever effortsto address the obstacles to An investigation of a Criminal Act Online gambling Based on ActNo. 11/2008 about Information and Electronic Transaction in Law Region Police Resort Cityof Pekanbaru .Conclusion is that An investigation of a Criminal Act Online gambling Basedon Act No. 11/2008 about Information and Electronic Transaction in Law Region PoliceResort City of Pekanbaru not yet walked with maximum .The rule of law that less firm, stilllack of coordination between law enforcement agencies, the limited human resources theinvestigator, less facilities and infrastructure law enforcement agencies. Efforts to solveobstacles that arise in the execution is the rule of law firm , to improve coordination betweenlaw enforcement agencies, improve the ability to the police, improve infrastructure in lawenforcement.Key words : Criminal –Investigation-Online Gambling
PELAKSANAAN PIDANA MINIMUM KHUSUS DALAM PERKARA ANAK DI WILAYAH HUKUM PENGADILAN NEGERI PEKANBARU Rizky, Fauzi; Ridwan, Mukhlis; *, Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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ABSTRACTSetting a minimum penalty of this particular provide restrictions on freedom did the judge in the verdict , the District Court judge's ruling presence Pekanbaru containing about criminal punishment under the age of criminal defendants specifically towards children who are threatened specifically in violation of minimum criminal provisions of Article 81 paragraph ( 2 ) of Law Act No. 23 of 2002 on Child Protection. Then there are three formulation of the problem in writing this essay: How specialized in the implementation of minimum criminal case law child region of the District Court of Pekanbaru?, How considerations judges in criminal punishment under special minimum punishment in the case of children in the jurisdiction of the Court Pekanbaru country?, What barriers and efforts to overcome obstacles in the imposition of criminal punishment under special minimum in the case of children in the region of the Law Court of Pekanbaru?The research method in this study. Sociological type and legal research is descriptive. The location research of the District Court of Pekanbaru , sources supported by primary and secondary. The data collection techniques used were interviews and review of literature . After collected was then analyzed qualitatively , and draw conclusions with deductive thinking method is to analyze the problems of the general form to a specific shape.From the results of research and discussion, it can be concluded that , first , implementation of minimum criminal jurisdiction in the District Court of Pekanbaru there are 4 ( four ) children who are threatened criminal case specific minimum , one of which impose criminal punishment under special minimum . The second consideration is divided into 2 ( two ) , the consideration of judicial and non- judicial considerations . Third Barriers include : obstacles in terms of evidence and the scope of a certain age , mental limitations in the soul of the child testified in court , it is difficult to achieve peace , and effort to overcome barriers: law enforcement can corroborate the testimony of victims by using clues , while the child's limited mental ability in providing information , can be accompanied by an expert witness who is a psychologist, in terms of insiders, the judge approached the family of the victim so that the presence of peace .Keywords : Implementation of Special Minimum - Criminal – Child Case
PERANAN KEPOLISIAN TERHADAP PELANGGARAN PENGGUNAAN JALAN UMUM UNTUK KEPENTINGAN PELAKSANAAN PESTA DIWILAYAH HUKUM KOTA PEKANBARU Basri, Hasan; Ridwan, Mukhlis; *, Er
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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ABSTRACTThe use of the facilities or the road to self-interest must have a permit issued by the Police as a party is given the authority to issue licenses for the use of road traffic other than as stipulated in the Indonesian Police Chief Regulation No. 10 Year 2012 About Setting Traffic In Certain Circumstances in addition to the use of the Road Traffic events , people can use the highway to conduct an activity to the extent they have to get permission from the police . The purpose of writing this paper , First , The Role of the Police in granting permission for the use of public roads in the region law enforcement party Pekanbaru city ? Secondly, the effectiveness of the application of sanctions against violations of the use of public roads for the implementation of the party in reducing the occurrence of acts of violation of law in the region use public roads Pekanbaru city?This type of research is conducted legal research Sociological , while the population and sample an entire party is related to the problem under study , which used data sources , primary data , secondary data , and the data tertiary , data collection techniques in this study with interviews , questionnaires and literature study From the research, there are two main things that can be concluded . First , that the role of the Police in granting permission to use the road for the implementation of the party consists of granting or rejection , as well as disseminating regulatory Chief of Police of Indonesia Number 10 Year 2012 Second, the effectiveness of the application of sanctions against violations of the use of public roads for the implementation of the party had not been effective . advice authors , first , expected to police in giving permission should really factor memperhtikan road to be used for a party , and to always socialize again to the public about the regulations permit the use of the road . Second , are expected to police to take action against violations of the use of the road for the sake of the party.Keywords : Role - Against Police Abuse - Use Path - party interests
TINJAUAN YURIDIS TERHADAP PERTANGGUNGJAWABAN KORPORASI DALAM TINDAK PIDANA KORUPSI Andi Wijaya; Erdianto '; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Demand accountability for the corporate corruption in Indonesia still agree and who disagree. Groups for the corporation considers it is time to be held accountable in criminal acts of corruption and to counter the group considers asking corporate responsibility in the crime of corruption is something that is contradictory because the corporation does not have mensrea like humans. Regardless of the debate agree and do not agree that, of several criminal offenses outside the Penal Code including Law No. 31 by 1999 in junto the Law No. 20 by 2001 on Eradication of Corruption is not very effective in practice settings.The purpose of this study, to determine the setting of corporate responsibility in the crime of corruption is based on Law No.31 by 1999 in junto the Law No.20 by 2001 on Eradication of Corruption and to determine the cause of corporate criminal liability is difficult to apply under the Law No.31 by 1999 junto Law 20 by 2001 on the Eradication of Corruption.The setting corporate criminal liability in corruption in Article 20 paragraph (1) pursuant to Act No. 31 by 1999 in junto the Law No. 20 by 2001 on Eradication of Corruption has not effectively implemented, the problems that corporate responsibility can not be applied in a criminal act corruption as contained in Law No. 31 by 1999 in junto the Law No. 20 by 2001 on Eradication of Corruption because first, the debate on the principle of non potest, second, delinguere university, the contents of the provision sof Article 20 paragraph (1), paragraph (3) and paragraph (4) of Law No.31 by 1999 Junto Law No. 20 by 2001 on Eradication of Corruption is difficult to be fulfilled due to circumstances and the conditions contained in the law corruption is very difficult to materialize. First, advice, Revision Act No. 31 of 1999 Jo Law Number 20 Year 2001 on Eradication of Corruption second, the application of criminal punishment in thecorporatecorruptionwas time considered humanist values and well-being as a form of existence and efficiency of a law.
Pelaksanaan Asimilasi Terhadap Narapidana Wanita di Lembaga Pemasyarakatan Klas Ii B Pekanbaru Nofri Yansyah; Syaifullah Yophie; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Legally the government already has rules about coaching narapidan, where hukuma given to inmates no longer to retaliation for conduct in doing instead coaching against former prisoners of evil become a good person. Given Undanhg Law Number 12 Year 1995 About Correctional clear direction from the coaching program tujuuan community agencies in conducting development activities, especially in the prison inmate Children Class II B Pekanbaru to be free from punishment as they arrive after the community and be competitive environment within the community. Based on this understanding, the thesis is to formulate three formulation of the problem. namely; First, implementation of Assimilation Against Women in Prison Inmates Children Class II B Pekanbaru, second, Assimilation Implementation Barriers Against Women in Prison Inmates Children Class II B Pekanbaru, Third, efforts are being made to overcome the obstacles in the implementation of Assimilation Against Women in Prison Inmates Children Class II B Pekanbaru.This type of research can be classified in this type of juridical sociological research, because in this study the authors directly conduct research on the location or place under study in order to provide a complete and clear picture of the problems examined. This study was conducted at Children's Penitentiary II Class B Pekanbaru, while the population and the sample is a whole party relating to the issues examined in this study, the data sources used, the data of primary, tertiary and secondary data, the data collection techniques in this study with observations, interviews, questionnaires and literature study.From the research issue, there are three main things that can be inferred First, the implementation of assimilation to inmates can be given to inmates after prisoners undergoing sentence ½. As before granting assimilation given to women prisoners in the form of coaching skills (making crafts, learning salons, learn sewing, etc), and general education development (directed towards the liberation illiterate, blind figures, and blind language). Second, hamabatan encountered in the implementation of assimilation is the lack of socialization, convoluted bureaucracy and infrastructure is less complete. Third, the efforts made to overcome the obstacles in pelasanaan assimilation is to provide socialization of assimilation in the general guidance, information service centers, prisons for women. Advice Author, Implementation assimilation should be given to women prisoners without any request for assimilation, but can be given to female prisoners who are qualified substantive, so that assimilation can be equally given to each inmate.
TINJAUAN YURIDIS TERHADAP PUTUSAN PENGADILAN NEGERI RENGAT NOMOR 10/Pid.B/A/2012/PN.RGT.TLK DALAM MENANGANI PERKARA ANAK BERHADAPAN DENGAN HUKUM Anggi Fridayani Putri; Mukhlis R; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Children are integral part of human survival and the survival of a nation and state. However in the journey of life from the children, sometimes the children are not always have good experience, even the children as a criminal, they must against the law. The children who make a crime, they also become a victime because the functions of tri education center are not worked. In this case, the judges have make the criminal sanctions for the children are not suitable with community research from Bapas Pekanbaru and the other regulations.In this research, there are two problems. First how are the judges make considerant from the case of number 10/Pid.B/A/2012/PN.RGT.TLK?. Second, what is the legal basic from the case of number 10/Pid.B/A/2012/PN.RGT.TLK?.There are four research methodes. First, the types of research is the normative legal research which discuss about synchcronization level of law, in this case, discuss about the judges handle children as a criminal which connected with the regulation. Second, the data sources are second data which supported by primary legal material, secondary legal material and legal material tertiary. Third, data collection techniques use review of the literature. Fourth, after the datas have comes, analyzed qualitatively.From the research problem, there are two main things that can be inferred. First, the considerant from the case of number 10/Pid.B/A/2012/PN.RGT.TLK among are the children who make narcotics crime which is not suitable with article number 111 paragraph (1) the law of narcotics number 35 of 2009 jo. article number 55 paragraph (1) to 1 the book of criminal law jo. the law of juvenile justice number 3 of 1997 and the indictment of prosecutor which is an alternative, so the judges choose first indictment. Second, the legal basic from the case number 10/Pid.B/A/2012/PN.RGT.TLK are article number 111 paragraph (1) the law of narcotics number 35 of 2009 jo. article number 55 paragraph (1) to 1 the book of criminal law jo. the law of juvenile justice number 3 of 1997. The writers suggest, the judges give the sanctions, they must look the future life from the children with they order the prosecutors are still oversee them that the children don’t do criminal again next time and if the children are proven to do the crime, the judges must give a sanction is supervision criminal for them, not give a penalties criminal.

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