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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
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Search results for , issue "Vol 10, No 1 (2023): Januari - Juni 2023" : 137 Documents clear
PERLINDUNGAN HUKUM TERHADAP KONSUMEN DALAM EKSEKUSI OBJEK JAMINAN FIDUSIA OLEH PERUSAHAAN PEMBIAYAAN PASCA KELUARNYA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 18/PUU-XVII/2019 Rinaldi Aidil Oswan; Firdaus Firdaus; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Legal Protection for Consumers in the Execution of Fiduciary GuaranteeObjects by Financing Companies After the issuance of the Constitutional CourtDecision Number 18/PUU-XVII/2019 is interesting to do in the form of a thesis.First, the considerations and decisions of the Constitutional Court's decision havefundamentally changed the concept of default and the execution of fiduciaryguarantees which have been practiced for more than 10 years (since the 2009Fiduciary Security Law was enacted). Second, the Constitutional Court's DecisionNo. 18/PUU-XVII/2019 has created a debate about the pros and cons amongacademics and practitioners. Third, there are different interpretations by judgesin interpreting the considerations and decisions of the Constitutional CourtDecision. Starting from these legal issues, the writing of this thesis aims: First, tofind out and analyze the legal protection for consumers in the execution offiduciary guarantee objects by the Financing Company before the issuance of theConstitutional Court's Decision No. 18/PUU-XVII/2019. Second, to find out andanalyze the legal protection for consumers in the execution of fiduciary guaranteeobjects by the Financing Company after the issuance of the Constitutional CourtDecision No. 18/PUU-XVII/2019.Using a normative juridical research method with a statutory, conceptualand case approach, the results of the study show: First, legal protection forconsumers in the execution of fiduciary guarantee objects before the issuance ofthe Constitutional Court Decision No. 18/PUU-XVII/2019 has 4 maincharacteristics: (a) in a fiduciary agreement, the determination of default occurswhen the debtor is negligent with the passage of time specified in the agreement;(b) in a fiduciary agreement, if the debtor is in breach of contract, the fiduciaryrecipient has the right to execute and sell objects that are the object of thefiduciary guarantee on his own power (parate execution) without going through acourt decision; (c) in the agreement and execution of fiduciary guarantees basedon the provisions of Article 15 and Article 29 UUJF, the position of the parties isnot balanced where the debtor is in a weak position; and (d) in the execution offiduciary guarantees based on the provisions of Article 15 and Article 29 of theJOM Fakultas Hukum Universitas Riau Volume X No. 1 Januari – Juni 2023 Page 2UUJF, legal protection for consumers is weak so that there is the potential forviolations of consumers' rights to comfort, security, and safety in consuminggoods and/or services. Second, legal protection for consumers in the execution offiduciary guarantee objects after the issuance of the Constitutional CourtDecision No. 18/PUU-XVII/2019 has 5 main characteristics: (a) in a fiduciaryagreement based on the provisions of Article 15 paragraph (3) of the UUJF, thedetermination of default cannot be determined unilaterally by the creditor basedon a clause in the fiduciary agreement except on the basis of an agreementbetween the creditor and the debtor or on the basis of legal remedies thatdetermine that a default has occurred; (b) in the execution of a fiduciaryguarantee based on the provisions of Article 15 paragraph (2) of the UUJF, thecreditor must obtain a court decision before carrying out the execution if there isno agreement on default and the debtor object to voluntarily submitting the objectthat becomes the Fiduciary Guarantee; (c) in the agreement and execution offiduciary guarantees based on the provisions of Articles 15 and 29 of the UUJF,the parties are in a balanced position; (d) in the execution of fiduciary guaranteesbased on the provisions of Article 15 and Article 29 of the UUJF, consumers getstrong legal protection so as to minimize the potential for violations of consumerrights to comfort, security, and safety in consuming goods and/or services; and (e)there are still differences of interpretation by the court in deciding cases ofexecution of fiduciary guarantees after the Constitutional Court DecisionNo.18/PUU-XVII/2019.Keywords: Legal Protection, Consumer, Contitutional Court Decision No18/PUU-XVII/2019.
PENYELESAIAN SENGKETA TANAH ADAT SUKU MELAYU DATUK MUDO DI KABUPATEN KAMPAR FATTIAH NAMIROH; Rika Lestari; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Basically, ulayat land is a ulayat right for customary law communities,which according to customary law ulayat rights can only be owned together, usedtogether and used together. ulayat land may not be owned individually, becausebasically ulayat land cannot be sold, given, or pawned to anyone. However, inreality there are cases of selling ulayat land of the Malay Datuk Mudo by thenephew of the Malay tribe of Datuk Mudo. The purpose of writing: first : to findout the regulation regarding the transfer of ulayat rights of the Malay DatukMudo indigenous peoples according to customary law. Second : knowing how toresolve disputes over customary land of the Malay Datuk Mudo tribe according tocustomary law. This type of research can be classified in the type of sociologicalresearch. This research was conducted in Sei Jernih Hamlet, Pasir SialangVillage, Bangkinang District, Kampar Regency. The population and sample arethe parties related to the problems studied by the authors in this study. Collectingdata by interview method and library study.From the results of the research problem there are two main things thatcan be concluded. First: The ownership of customary land rights for the MalayDatuk Mudo indigenous peoples basically cannot be transferred or traded, ormortgaged, which has been explained by ninik mamak based on existingcustomary law regulations or based on national regulations that have been set. bythe Kampar Regency Government. Except based on the conditions and coercion ofthe customary leader through consultation with traditional officials, religiousscholars, and ninik mamak. Second: The dispute resolution carried out in thisstudy has reached the point of deliberation and consensus. In which thisdeliberation was carried out with traditional officials, ninik mamak, religiousscholars, government and the indigenous Malay tribal community, Datuk Mudo.However, the dispute over the customary land of the Datuk Mudo Malay tribe inKampar Regency has not been resolved.Key words: Transfer of ulayat rights- ulayat land
PERAN PIHAK KETIGA DALAM PENGELOLAAN PEMUNGUTAN TARIF PARKIR DI DALAM RUANG MILIK JALAN UNTUK PENINGKATAN PENDAPATAN ASLI DAERAH DI KOTA PEKANBARU Wahyu Hidayat; Dodi Haryono; Zulwisman Zulwisman
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Based on the cooperation contract through the transportation service with a thirdparty for 10 years, namely based on "Regulation of the Minister of Finance Number 136 of2016" contained in Article 17 concerning asset management in public services for amaximum of 15 years. The formulation of the problem in this study are: 1) What is the role ofa third party in managing the collection of parking fees in the space owned by the road inPekanbaru City; 2) What are the inhibiting factors in the implementation of the managementof the collection of parking fees in the space belonging to the road by a third party; 3) Whatefforts need to be made by the Pekanbaru City Government to optimize the role of thirdparties in the management of parking rates collections in road-owned spaces in PekanbaruCity.The type of research used in this research is sociological law research. Thepopulation in this study are 1) Head of UPTD Parking Pekanbaru City TransportationService; 2) Director/Representative of PT YSM ;3) Parking attendant in a road-owned spacein Pekanbaru City; 4) Motorists who complain that paying for parking exceeds the parkingrate; 5) Chairman/Member of Commission IV DPRD Pekanbaru City. The research locationis parking inside the road owned by the city of Pekanbaru. Data collection techniques usingobservation, interviews, questionnaires and literature, with quantitative data analysistechniques.From the results of the study, it can be concluded that PT. YSM as a parking managerappointed by the Pekanbaru City Transportation Service must be able to achieve the agreedrevenue target. Some of the inhibiting factors are: 1) Parking Rates; 2) Understanding ofusers of non-cash service systems or Electronic Data Capture (EDC); 3) Payment of parkingattendant income that has not been maximized: 4) Use of parking attendant attributes andmanners in the field; 5) Parking facilities are still lacking so that the service is notmaximized; 6) Lack of supervision from the field coordinator so that the parking attendant'sincome is not maximal; 7) Pekanbaru City Transportation Service must be ready and mustalways continue to coordinate with third parties PT. YSM (Yabisa Sukses Mandiri) in orderto optimize Regional Original Income (PAD) through services; 8) A lot of road users andbusinessman who are harmed.Keywords : Third Party Role, Parking Rates, Original Local Government Revenue
TINJAUAN YURIDIS PENUNJUKAN ANGGOTA TNI POLRI AKTIF SEBAGAI PELAKSANA TUGAS, PENGGANTI JABATAN KEPALA DAERAH DI INDONESIA M. Zulfahmi; Emilda Firdaus; Zulwisman Zulwisman
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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The proposal to appoint the Indonesian National Police as an Acting(Pj) Regional Head by the Ministry of Home Affairs (Kemendagri) reapedpolemic. This is done to fill the position of regional head whose term of officeends before the election of a new regional head as a result of the Regional HeadElection (Pilkada). Rules regarding the appointment of Acting regional heads canbe found in Article 201 paragraph (10) of the Election Law which states: To fillthe vacancy in the position of Governor, an acting Governor is appointed from theposition of mid-high leadership up to the Governor's inauguration in accordancewith the provisions of laws and regulations.In addition, Article 4 paragraph (2) Permendagri Number 1 of 2018concerning Amendments to Minister of Home Affairs Regulation Number 74 of2016 concerning Leave outside the State's responsibility for Governors andDeputy Governors, Regents and Deputy Regents, as well as Mayors and DeputyMayors stipulate the Law Number 1 of 2015 concerning the Election ofGovernors, Regents and Mayors that Governor officials come from middle/highlevel leadership officials within the central/provincial government. Theappointment was carried out with the nuances of the upcoming regional headelection and allegedly having political content which not only has the aim ofmaintaining the publication and security of the implementation of regional headelections, but is suspected to be in the interest of winning one of the candidatepairs desired by those with an interest in this matter by rulers who come from theincumbents, therefore the author has the inclination and interest to analyze thisconstitutional issue in a thesis research so that a consensus can be obtained thathas a guarantee of juridical and scientific truth.Normative Juridical Research, namely an approach based on the mainlegal material by examining the theories, concepts, legal principles and statutoryregulations related to this research. This approach is also known as the libraryapproach, namely by studying books, laws and regulations and other documentsrelated to this research, library research, namely research conducted inreviewing, analyzing and formulating books, literature, and others that arerelevant to the title of this thesis.Keywords: Appointment of Police Officers - Acting Regional Head - State CivilApparatus
URGENSI KRIMINALISASI TERHADAP PELAKU PENYEDIA JASA FINANSIAL TEKNOLOGI PEER-TO-PEER LENDING ILEGAL (PINJAMAN ONLINE) DALAM HUKUM PIDANA INDONESIA Benyamin Bangun; Maria Maya Lestari; Elmayanti Elmayanti,
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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The development of illegal peer to peer lending financial technology inIndonesia has resulted in legal problems experienced by the community asvictims, this is because there is no specific law or regulation that regulates illegalpeer to peer lending financial technology. What was done to overcome this illegalpeer to peer lending financial technology was the blocking of applications,websites carried out by the Investment Alert Task Force together with Kominfo,this blocking sanction was not effective this was due to the ease with which peerto peer lending technology financial applications and websites were created back,while the existing rules, namely POJK No. 77/POJK 01/2016 which regulatestechnology-based lending and borrowing services only applies to peer to peerlending technology financials registered with the OJK so that strict sanctions areneeded in the form of rules or laws that have criminal sanctions in place.This study uses a normative juridical research type, namely research that isfocused on examining the application of the rules or norms in law to legalprinciples. The data collection technique in this research is literature study. Theapproach used in this research is to use a normative approach, namely librarylaw research.The results of the research conducted by the author are, first, criminalizinga peer to peer lending technology financial service provider is urgent/importantthis is because in its implementation activities there are many legal violationssuch as threats, extortion to the dissemination of personal data experienced by thepublic as Second, in overcoming the financial problems of illegal peer to peerlending technology, rules or laws are needed that have criminal sanctions thatcan ensnare this illegal peer to peer lending technology service provider.Keywords: Financial Technology Peer to Peer Lending, Online Loan
PENYELESAIAN SENGKETA PEMBAGIAN WARIS PADA MASYARAKAT ADAT DI DESA HAREFANAESE KABUPATEN NIAS UTARA Dina Saputri; Hayatul Ismi; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Customary inheritance is part of customary law relating to norms or rules in determining the amountof assets, both material and immaterial that can be handed over to their descendants and also regulateswhen, how and how the process of transferring assets, both material and immaterial. Nias is a followerof Patrilineal culture, where the position of the father (male) has the main position in the lineage.Generally, in the customs of the Patrilineal community, the person who can inherit the inheritance isthe person who continues the lineage. The implementation of inheritance distribution to the indigenouspeople of Nias in Harefanaese Village experienced a shift from the customary rules that should be,where currently there are several families who have given inheritance to their daughters even though itis in the form of small items but there are also those who have given inheritance in the form of land.Even though there are customary provisions that regulate inheritance issues, there are stillproblems/conflicts that occur due to the implementation of inheritance distribution. The objectives ofthis study are as follows: First, to determine the implementation of inheritance distribution toindigenous peoples in Harefanaese Village, North Nias Regency, Second, to determine the settlement ofinheritance distribution disputes among indigenous peoples in Harefanaese Village, North NiasRegency. This research is a sociological law research. That is, this research directly observes thespaciousness, the research location is Harefanaese Village, North Nias Regency. The samplingtechnique is a purposive sampling technique. The research data collection uses primary data andsecondary data. The data collection technique in this study is interviews and literature review and isconcluded by qualitative. Can be drawn; first, that the implementation of the distribution that took placein Harefanaese Village, experienced many shifts from the customary rules that should have been, wherecurrently there are several families who have given inheritance to their daughters, secondly, thesettlement of inheritance distribution disputes to indigenous peoples in Harefanaese Village, North NiasRegency, namely by holding consultations.Keywords: Inheritance-Customary-Dispute Resolution
KEDUDUKAN ANAK LAKI-LAKI DALAM SISTEM PEWARISAN PADA PERKAWINAN ETINIS TIONGHOA BERDASARKAN KEADILAN Anandadhea Putricharina; Mardalena Hanifah; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Inheritance law is a body of regulations that governs the wealth left by the heir andthe effects of this transfer on those who inherit it, both in terms of their relationships with oneanother and with other people. All rights and duties are instantly transmitted to the heirsupon death. According to teachings, the Chinese ethnic community frequently appliescustomary law. The position of a tall boy is more assured. It has long been accepted amongthe indigenous Chinese population that only sons are entitled to the whole inheritance, whilefemales can only inherit jewels. In according to Article 131 IS, which applies to the CivilCode, the Chinese community is considered a population group for the purposes ofinheritance distribution. The goal of this thesis is to investigate the status of sons in thesystem of son inheritance in ethnic Chinese marriages and to learn about the system of soninheritance in ethnic Chinese marriages based of justice.This type of research is empirical research. Basically, it is a comparative studybetween legal ideals and legal reality in the form of actions (law in action). The data sourcesused consist of primary legal materials, secondary legal materials and tertiary legalmaterials. Data collection techniques in this study were carried out by interviews andliterature studies by taking quotations from the literature that had links with the problems ofthis research.The results of the research conducted, there are several conclusions obtained,namely: First, Chinese customs do not regulate in writing regarding the position of children,in practice the position of sons in ethnic Chinese is higher than that of women which iscarried out from generation to generation. Second, justice can be guaranteed from thebinding nature of codified civil regulations in the process of resolving cases of inheritancedistribution in ethnic Chinese communities.Keywords: Inheritance System – Chinese – Boy Position.
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
TANGGUNG JAWAB PENGUSAHA PARIWISATA TERHADAP KESELAMATAN WISATAWAN BUKIT SELANCANG, DESA AUR CINA BERDASARKAN UNDANG-UNDANG NOMOR 10 TAHUN 2009 TENTANG KEPARIWISATAAN Nadia Sanjaya; Mardalena Hanifah; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Article 20 of Law Number 10 of 2009 concerning Tourism states that everytourist has the right to obtain accurate information about tourist attractions,tourism services that meet standards, legal and security protection, health services,protection of personal rights, and insurance protection against risks. . tourismactivities. tall. The purpose of writing this thesis are: First, to determine theresponsibility of tourism entrepreneurs Bukit Selancang to the safety of touristsbased on Law Number 10 of 2009 concerning Tourism. Second, to find out theobstacles of tourism entrepreneurs in carrying out their responsibilities towardstourists in Bukit Selancang. The type of research used is empirical or sociologicallegal research, because in this paper the author conducts research at the locationor place under study in order to provide a complete and clear picture of the problemunder study. The data sources used are primary data and secondary dataThis research was conducted in Bukit Selancang, Aur Cina Village,Indragiri Hulu Regency. The population and sample in this study were SelancangHill tourists and selancang hill tourism entrepreneurs, and the sources used weresecondary data and primary data. Data collection techniques by means ofinterviews and the data obtained were then analyzed qualitatively. The conclusionthat can be drawn from the results of the First Research, because it refers to severalcases that occurred such as tourists being injured due to inadequate facilities, lossof goods in the form of helmets, in this case the tourism entrepreneur is notresponsible for the losses suffered. by tourists. All these losses must be borne by thetourism entrepreneur Bukit Selancang. Second, the constraining factors that affectthe legal responsibility of Bukit Selancang tourism entrepreneurs in Aur CinaVillage for accidents or losses experienced by tourists are the lack of publicawareness, inadequate facilities or infrastructure and weak supervision from thegovernment.Keywords : Responsibility, Tourism Entrepreneurs, Tourist safety
PEPELAKSANAAN LELANG EKSEKUSI OBJEK HAK TANGGUNGAN BERDASARKAN PMK NOMOR 213/PMK.06/2020 TENTANG PETUNJUK PELAKSANAAN LELANG (Studi Kasus Putusan Nomor 12/Pdt.Plw/2019/PN.Pbr) Tomi Yoshua Pardede; Rika Lestari; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Auction activities are sales that of er lower or lower prices. The definitionof auction in Article 1 point 1 PMK Number 213/PMK.06/2020 concerningAuction Implementation Instructions: “An auction is a sale of goods that are opento the public with a written and/or verbal price of er that is increasing ordecreasing to reach the highest price, preceded by the announcement of theauction”. This study aims to find out how the procedure for implementingmortgage auctions is carried out and to find out the obstacles in the process ofimplementing mortgage auctions at the Pekanbaru State Property and AuctionService Of ice. The type of research used is Sociological Law research, Sociologicalresearch with primary and secondary data types using qualitative data analysistechniques. The results of this study are first to find out the auction procedure formaterial guarantees that have been tied with mortgages as part of the executionof debt guarantees by a creditor who has been guaranteed by the debtor andinstalled Mortgage by the creditor. Second, to find out and analyze the Obstaclesin the Implementation of the Auction of Mortgage Objects Based on PMK Number213/PMK.06/2020 concerning Instructions for the Implementation of Auctions. Suggestions that the author can give in this research: Firstly, PekanbaruKPKNL and Auction Of icials in carrying out auctions can verify more carefullythe object to be executed. Comprehensive initial verification in terms of theprocess that has carried out the imposition of mortgage rights by creditors canminimize pre-auction and post-auction problems. The two Parties to thePekanbaru State Property and Auction Service Of ice suggest that the bankingsector be more careful in making mortgage auction announcements in order toanticipate unwanted events that can cause losses to the banking sector

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