cover
Contact Name
-
Contact Email
-
Phone
-
Journal Mail Official
-
Editorial Address
-
Location
Kota pekanbaru,
Riau
INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Arjuna Subject : -
Articles 137 Documents
Search results for , issue "Vol 10, No 1 (2023): Januari - Juni 2023" : 137 Documents clear
PERLINDUNGAN HUKUM ATAS HAK MASYARAKAT HUKUM ADAT TERHADAP PENGELOLAAN LINGKUNGAN HIDUP DI DESA SIKALANG KECAMATAN TALAWI KOTA SAWAHLUNTO PROVINSI SUMATERA BARAT Muhammad Ikhsan Mukhlis; Maryati Bachtiar; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This research relates to legal protection of the rights of indigenouspeoples to environmental management in Sikalang Village, Talawi District,Sawahlunto City. Coal mining activities have an impact on environmental damageto customary law communities. Therefore it is necessary to examine first, legalprotection of the rights of the legal community to environmental management inSikalang Village, secondly the constraints on legal protection of the rights ofindigenous peoples to environmental management in Sikalang Village, thirdlyefforts in legal protection of the rights of indigenous peoples to managementenvironment in Sikalang Village.This research is a sociological legal research, because it is based on fieldresearch, namely by collecting data from observations, interviews, questionnaires,and literature studies that have to do with problems using qualitative dataanalysis, producing descriptive data, and concluded with a deductive thinkingmethod.From the results of the study, it was concluded that, first, the legalprotection of the rights of indigenous peoples to environmental management inSikalang Village, Talawi District, Sawahlunto City has not been maximized asexpected by Law Number 32 of 2009 concerning Environmental Protection andManagement. Second, the obstacle in legal protection of the legal community'srights to environmental management in Sikalang Village, Talawi District,Sawahlunto City is the position of indigenous peoples who are considered to bestill low in obtaining justice. The three efforts to obtain legal protection for thelegal community's rights to environmental management in Sikalang Village,Talawi District, Sawahlunto City continue to be pursued by both theenvironmental service and the local customary law community, especially inpreserving local wisdom.Keywords: Legal Protection – Indigenous Peoples - Environment
PERAN SATUAN POLISI PAMONG PRAJA DALAM PENERTIBAN PENGEMIS DAN GELANDANGAN BERDASARKAN PERATURAN DAERAH NOMOR 21 TAHUN 2008 TENTANG KETERTIBAN Melannia Melannia; Emilda Firdaus; Zulwisman Zulwisman
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

According to Government Regulation (PP) Number 16 of 2018, Satpol PPis a regional apparatus formed to enforce Regional Regulations and Regional HeadRegulations, maintain public order and peace and provide community protection.The Civil Service Police Unit (Satpol PP) is an element that is always at theforefront in maintaining the mandate of Regional Regulations and is always indirect contact with the community. Based on the data obtained from the surveyresults from 2018 to 2020, beggars and homeless people in Indragiri Hilir Regencyare increasing, proving that there are still many homeless people and beggarsroaming Indragiri Hilir Regency.The purpose of this study was to determine the role of the civil servicepolice unit in controlling beggars and homeless people based on RegionalRegulation number 21 of 2008 concerning public order in Indragiri HilirThe role of the Civil Service Police Unit in controlling beggars andhomeless people based on Regional Regulation number 21 of 2008 concerningpublic order in Indragiri Hilir has not been implemented properly, because of thegap between legal regulations and what is happening in the field, The supportingand inhibiting factors in the implementation of this regional regulation are thesupporting factors, namely the policy factor itself, the Institutional Factor andImplementing Agency, and the environmental factor. The inhibiting factors arebudget factors, facilities and infrastructure factors and human resource factors.Efforts made by the Indragiri Hilir Regency government through the Civil ServicePolice Unit in controlling beggars and homeless Efforts made by the Indragiri HilirRegency government through the Civil Service Police Unit in controlling beggarsand homeless people are efforts that have been made by the Civil Service PoliceUnit in controlling beggars and homeless people, the efforts that will be made bythe Civil Service Police Unit in controlling beggars and homeless people and effortsbeing made by the Civil Service Police Unit in controlling beggars and homelesspeople.Keywords: beggars – vagabond..
PELAKSANAAN POLA PEMBINAAN NARAPIDANA DI LEMBAGA PEMASYARAKATAN KELAS IIA BENGKALIS DALAM TAHAP ASIMILASI Arif Rahman; Erdianto Erdianto; Elmayanti Elmayanti,
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Literally, prisons are places to carry out coaching for prisoners andcorrectional students. The guidance that has been carried out by each prisongenerally includes matters of spiritual development, education, skills, and themain thing is to rebuild his confidence to be able to re-integrate with the outsidecommunity after completing his criminal period. The implementation of guidancecarried out by prisons for inmates of course refers to the laws and regulationsgoverning it, because in the implementation of coaching there are severalprinciples that should not be violated.This type of research can be classified in the type of sociological lawresearch (empirical), because in this study the author directly conducts researchon the location or place under study in order to provide a complete and clearpicture of the problem being studied. This research was conducted at theCorrectional Institution, while the population and samples were the Head of ClassII A Bengkalis Correctional Institution, the Head of the Registration Subsidy ofthe Class II A Bengkalis Correctional Institution and the Assimilation StageInmates at the Class II A Bengkalis Correctional Institution.The conclusions that can be obtained from the results of the research are:First, the Implementation of the Pattern of Guidance for Convicts at the Class II ABengkalis Correctional Institution in the Assimilation Stage is divided into severalstages, one of which is initial coaching which is preceded by a period ofobservation, research and introduction to the environment (mapenaling). Second,the Factors and Constraints in the Convict Assimilation Guidance System at theClass II A Bengkalis Correctional Institution, namely the problem starting fromthe pattern of giving assimilation related to recidivist prisoners unable to carryout assimilation, convicts who carry out fines cannot carry out assimilation.Third, the Efforts Made to Overcome the Obstacles That Appear in theAssimilation Guidance System at the Class II A Bengkalis CorrectionalInstitution, such as regarding the schedule of inmates who work with third parties.Keywords: Prisoners, Assimilation, Correctional Institutions, DevelopmentPatterns.
POLITIK HUKUM PENGATURAN PERLINDUNGAN PEKERJA RUMAH TANGGA DI INDONESIA DALAM PERSPEKTIF HAK ASASI MANUSIA Hanny Friska Salsabilla; Emilda Firdaus; Zulwisman Zulwisman
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Domestic workers as informal workers need the same special attention and protection asformal workers. The Manpower Law cannot be used as protection because domestic workersare considered informal workers. Where the protection in question is in the form of a balance ofrights and obligations between the Domestic Worker and the employer, as well as guarantees ofsafety to achieve decent work for Domestic Workers. Indonesia is a country that upholds theprotection of human rights, by protecting the value of dignity as a whole human being. However,until now Indonesia does not yet have comprehensive regulations governing the protection ofdomestic workers. The objectives of this thesis research are first, legal politics regulating theprotection of domestic workers in Indonesia from a human rights perspective. Second, the idealconcept of regulating the protection of domestic workers in Indonesia from a human rightsperspective.This study was structured using qualitative analysis. Qualitative analysis producesdescriptive data, namely collecting all the necessary data obtained from primary and secondarylegal materials. This type of research is normative juridical, namely research that is focused onexamining the application of rules or norms in positive law.The results of the research conducted by the author are, first, domestic workers incarrying out their work are considered vulnerable to various problems, this of course makesprotection of domestic workers very necessary. Therefore, the existence of the Law on theProtection of Domestic Workers does not only provide protection for domestic workers, but alsoprovides equal protection for employers, especially regarding the balance of rights andobligations between domestic workers and employers. Second, the ideal concept of regulatingthe protection of domestic workers in Indonesia from a human rights perspective, namely makingchanges to the labor law; expediting the ratification of the Domestic Workers Bill and makingadditions to content material; evaluate and make changes to the substance of the PermenakerPPRT when the Domestic Workers Bill has been passed so that there is no confusion; Indonesiacan participate in ratifying ILO Convention 189 to become a strong reason for the ratification ofthe Domestic Workers Bill.Keywords: Legal Politics- Domestic Workers- Human Rights
ANALISIS PENGATURAN NETRALITAS APARATUR SIPIL NEGARA (ASN) PADA PENYELENGGARAAN PEMILUKADA DALAM PERSPEKTIF PERATURAN PERUNDANG-UNDANGAN YOGA TRIWANDA; Dessy Artina; Zulwisman Zulwisman
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The electoral system is a mechanism or procedure for determining pairs of candidates who areentitled to occupy the position of regional head/deputy regional head. Today, there are several issues thatoften arise and become a concern that offends the local election. One of them is the politicization ofASN, which of course affects the quality of ASN performance. ASN as servants of the state haveobligations that must be fulfilled in public service, in fact they are often contaminated by politicalinterests. Various regulations have been issued, but this has not yet become a concrete solution. Theneutrality of ASN does not recur in the lead-up to and implementation of elections. The purpose ofwriting this research is to find out the condition of ASN neutrality in the 2020 regional election in Riauand to find out the material strengthening of the regulation of ASN neutrality in laws and regulations.The type of research used by researchers is normative law. Normative legal research is conductingresearch on legal principles starting from certain legal principles, by first identifying the legal principlesthat have been formulated in certain laws. The data sources used are primary data, secondary data,tertiary data, the data collection technique in this study is normative juridical, the data used is libraryresearch.The results of this study examine and analyze the rules governing the neutrality of ASN based onLaw no. 5 Year 2021that every ASN is impartial from any form of influence and does not favor theinterests of anyoneand PP No. 94 of 2021 that there are still some deficiencies governing the neutrality ofASN, as well as the existence of PPthe there are still many experiencing deficiencies and the rules havenot answered the phenomenon of ASN neutrality in Indonesia.Laws and regulations regarding ASN neutrality need to be adjusted to the needs anddevelopments in the technological age because of course it is a new challenge in perfecting laws andregulations, especially regarding ASN neutrality so that cases that occurred before, during and after theELECTIONS do not happen again. In order to achieve the desired law (right to be established) theestablishment of strengthening the regulation of ASN Neutrality by regulating the authority of KASN tosupervise staffing officials if they commit violations in the merit system-based staffing developmentprocess in Law No. 5 of 2014 concerning ASN neutrality, and PP No. 94 of 2021 concerning CivilServant Discipline prohibits lending property state for the campaign needs of one of the candidate pairs,and regulate ASN ethics on social media in terms of acting and other rules deemed necessary, so thatASN Neutrality can really be regulated in detail to guarantee legal certainty.Keywords : Analysis, Neutrality, ASN, Regulations
IMPLEMENTASI PERATURAN PEMERINTAH NOMOR 2 TAHUN 2018 TENTANG STANDAR PELAYANAN MINIMAL DI RUMAH SAKIT UMUM DAERAH INDRASARI KABUPATEN INDRAGIRI HULU Adela Aliana; Emilda Firdaus; Zulwisman Zulwisman
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Government Regulation (PP) Number 2 of 2018 concerning MinimumService Standards as the legal basis for administering public services. One of theproblems in the Implementation of Minimum Service Standards is that theperformance of the local government in the health sector at Indrasari Hospital doesnot reach 100%. Indrasari Hospital is a hospital that provides health services, eachtype of service must reach 100%. But at this time the health services at IndrasariHospital have not been able to meet the satisfaction of service recipients.The purposes of writing this thesis are: first, implementation of GovernmentRegulation Number 2 of 2018 Article 6 paragraph 6 concerning Minimum ServiceStandards at Indrasari Hospital, Indragiri Hulu Regency, second, inhibiting andsupporting factors for implementing minimum service standards at IndrasariHospital, Indragiri Hulu Regency, third, the efforts made by the Government ofIndragiri Hulu Regency in improving the Minimum Service Standards at IndrasariHospital, Indragiri Hulu Regency.This type of research can be classified as empirical or sociological legalresearch. The research was conducted at Indrasari Hospital, Indragiri HuluRegency. The population and sample are the Head of the Indragiri Hulu DistrictHealth Office, the Director of the Indrasari Hospital, the Head of Commission IVof the Indragiri Hulu DPRD, the Head of the Legal Department of the IndragiriHulu Regency. Sources of data used, namely: primary data and secondary data.Data collection techniques in research with observation, interviews, and libraryresearch.The conclusions that can be obtained from the research results are first, theimplementation of government regulation number 2 of 2018 concerning minimumservice standards at the Indrasari Hospital. namely factors from the hospital thatdo not carry out service delivery according to service standards the applicableminimum, the factor of facilities and facilities,and the community factor that lackstrust in service providers who will carry out medical procedures, and third and thehospital has not optimized the service according to minimum service standards aswell as the addition of inadequate facilities and infrastructure.Keywords: Government Regulations-Minimum Service Standards-Hospitals
PENYELESAIAN WANPRESTASI PERJANJIAN LISAN KERJASAMA RENTAL ALAT BERAT ANTARA KREDITUR DAN DEBITUR Sri Indah Lestari A.S; 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

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Article 1313 of the Civil Code provides the formulation of "a contract oragreement, an agreement is an act by which one or more people bind themselvesto one or more other people." The occurrence of a default between the creditorand the debtor in the heavy equipment rental cooperation agreement which iscarried out verbally in which in the agreement the creditor must provide a heavyequipment to the debtor to be rented out to a third party, providing profit sharingfrom the existing heavy equipment rental. The purpose of this study is first, todetermine the cause of the occurrence of default in the verbal agreement ofcreditors and debtors in heavy equipment rental cooperation. Second, to find outthe efforts to resolve the default of the verbal agreement on the rental agreementbetween the creditor and the debtor.This type of research is a sociological research, because the authordirectly conducts research on the location of the place being studied in order toprovide a complete and clear picture of the problem under study.The results of the research and discussion show that first, the occurrenceof default between creditors and debtors in the heavy equipment rentalcooperation agreement which is a default or breach of promise and a statement ofnegligence in accordance with Article 1238 of the Civil Code. Second, how tosolve the problem by using a subpoena, negotiation and also a lawsuit filed at theDistrict Court. Third, the result of the lawsuit filed is stipulating that the debtorhas defaulted so that he is punished to compensate for the losses suffered by thecreditor. In the heavy equipment rental cooperation agreement between creditorsand debtors, there should be a written agreement not just a statement and moreemphasis on articles related to how to calculate the distribution of profits fromheavy equipment rental and further clarify what are the rights and obligations ofeach of the creditors and debtor. So that the creditors or those who provide heavyequipment for rental are more assertive in carrying out the contents of theagreement and taking action against debtors who violate the agreement inaccordance with the law and apply a comprehensive compensation system. Inorder to provide a deterrent effect for debtors who commit acts against the law.Keywords: Oral agreement- leasing- Not carrying out the agreement
IMPLEMENTASI PENGADAAN TANAH UNTUK KEPENTINGAN UMUM DALAM PERSPEKTIF UNDANG-UNDANG NOMOR 2 TAHUN 2012 TENTANG PENGADAAN TANAH BAGI PEMBANGUNAN UNTUK KEPENTINGAN UMUM (Studi Kasus di Kecamatan IV Jurai Kabupaten Pesisir Selatan) Srimarwidiati Srimarwidiati; Maryati Bachtiar; Zulwisman Zulwisman
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Land acquisition for development in the public interest is an activity to acquire land, inthe context of fulfilling land needs for development in the public interest, as well as providingcompensation to land owners affected by the activity and releasing legal relations from landowners to other parties, namely the government. The purpose of land acquisition is to provideland for the implementation of development in order to improve the welfare and prosperity ofthe nation, state, and society while still guaranteeing the legal interests of the entitled parties.This research is a type of sociological or empirical research. Empirical legal research islegal research that serves to look at the law in a tangible sense and examine how the law worksin the community. This research was conducted in District IV Jurai. Then the population andsamples are parties related to land acquisition activities, with primary data sources, secondarydata, and tertiary data, as well as data collection techniques used, namely interviews andliterature studies.From the results of this study, it can be concluded that the first is that the implementationof land acquisition for development for the public interest in the perspective of law number 2 of2012 has not been fully implemented properly, then, the two factors inhibiting land acquisitionfor the public interest are people who do not agree with the compensation offered, and the lackof understanding of the community about the importance of development, and the government islacking in socializing to the community. The three efforts made by the government are byholding re-public consultations or by re-deliberation with people who refuse compensation. Keywords: Land Acquisition, Public Interest
OPTIMALISASI FUNGSI PENGAWASAN DPRD PROVINSI RIAU TERHADAP ALOKASI ANGGARAN PERCEPATAN PENANGANAN PANDEMI COVID-19 MELALUI APBD TAHUN 2020 M. Dani Eka Wijaya; Mexsasai Indra; Zulwisman Zulwisman
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

In a democratic country, the existence of a Regional People'sRepresentative Council or referred to as a legislative body is a must. The reasonis that the legislature is the people's representative in making laws or regionalregulations that will be applied to the people. By law the DPRD has the moststrategic position in carrying out the supervisory function of local governments.One of the central council functions is the supervisory function, while the actionsreferred to by the institution are more preventive in nature which impliesevaluating and supervising local government programs. Likewise in RiauProvince, the Riau Provincial DPRD has supervised the use of the budget for theacceleration of the handling of the Covid-19 Panemdi in the 2020 APBD. Asstated in the explanation of Article 41 of Law Number 32 of 2014 concerningRegional Government, it states that "DPRD has functions, among otherslegislative function, supervisory function and budget function.This type of research is empirical juridical research or sociologicallegal research, namely a research approach that emphasizes the legal aspectsregarding the subject matter to be discussed, linked to the reality in the field. Thisresearch was conducted at the Riau Provincial DPRD Office and withConstitutional Law Experts in the city of Pekanbaru. while the sample populationis the whole party related to the problem under study. Sources of data used areprimary data and secondary data, data collection techniques in this study is byobservation, questionnaires, interviews and literature review.In the results of the research problem there are two main things that canbe concluded. First, in optimizing the supervisory function of the Riau ProvincialDPRD on the use of the budget for the acceleration of handling the COVID-19pandemic in the 2020 APBD, it went quite well. The second is that the inhibitingfactor for the DPRD's supervision of the APBD is the factor of the RegionalGovernment.Keywords : Optimizing DPRD Functions – Budget Allocation – APBD
PEMENUHAN HAK PEKERJA TETAP PT. PROPERTRUST INDONESIA Nexie Nurafifah; Mardalena Hanifah; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The employment relationship between workers and employers is based on a work agreement, for a work agreement to be realized properly, the rights andobligations that have been agreed upon must be fulfilled by the parties to theagreement. In PT Propertrust Indonesia, which is a company engaged in theproperty sector, which has five permanent workers, but none of the five permanentworkers have fulfilled their rights in accordance with the company's workagreement that has been determined. The formulation of the problem in this thesisis how to analyze the implementation of the fulfillment of the rights of permanentworkers based on the employment agreement of PT. Propertrust Indonesia andwhat are the factors inhibiting permanent workers of PT. Propertrust Indonesiain obtaining their rights.This type of research is a sociological research because with this researchthe author directly conducts research on the location or place under study in orderto provide a complete and clear picture, while the population and sample areHuman Resources Development (HRD) PT. Propertrust Indonesia and permanentemployees of PT. Indonesian property trusts. The purpose of this study was todetermine the implementation of the fulfillment of rights based on the workagreement of PT. Propertrust Indonesia and the barriers to permanent workers ofPT. Propertrust Indonesia in obtaining its rights.The result of this research is the implementation of the fulfillment of therights of permanent workers based on the work agreement of PT. PropertrustIndonesia has not been fulfilled, as evidenced by the absence of a single permanentemployee of PT. Propertust Indonesia whose rights are fulfilled in the form of fees.This is not in line with the work agreement of PT. Propertrust Indonesia which hasbeen agreed by the company with permanent workers with the number:001/PT/PKWTT/V/2019, as well as the inhibiting factors for permanent workersin obtaining their rights from companies and permanent workers. Suggestion fromthe author for the parties involved in labor relations must understand and carryout their rights and obligations correctly to create a fair working relationship forthe parties, and it is hoped that those in the company who have the highestauthority can lead companies with good managerial skills, employers or thegovernment must provide job training and guarantees for the continuity ofpermanent workers and if problems arise in labor relations, they must be resolvedfairly

Page 2 of 14 | Total Record : 137