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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Articles 137 Documents
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Search results for , issue "Vol 10, No 1 (2023): Januari - Juni 2023" : 137 Documents clear
PERAN NINIK MAMAK DALAM PELAKSANAAN PERKAWINAN DI NAGARI SIMPANG LAMA INDERAPURA KECAMATAN PANCUNG SOAL KABUPATEN PESISIR SELATAN Fani Yolandri; Zulfikar Jayakusuma; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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In managing the administration of marriage, in addition to the conditionsstipulated in the Marriage Law in Nagari Simpang Lama Inderapura, theprospective bride and groom who are about to marry must be granted the writtenapproval for marry from the Ninik Mamak. This requirement is based on theadditional rules of Nagari Simpang Lama Inderapura which require writtenapproval from the Ninik Mamak for the marriage of his nephew's child that tookplace before they register their marriage to the authorized Office of ReligiousAffairs. Without the written approval from the ninik mamak, the Walinagari officeas the party to create the marriage recommendation letter for the KUA will notfurther process the administration of the marriage file before the marriage permitis completed from the ninik mamak.The purpose of this study was to find out the implementation of marriagein Nagari Simpang Lama Inderapura and to find out the role of ninik mamak inmarriages in Nagari Simpang Lama Inderapura. The type of research for thisthesis is sociological legal research, namely research conducted directly onlocation or in the field to obtain data to provide an overview completely andclearly about the problem under study. The location of this research wasconducted in Nagari Simpang Lama Inderapura. Data collection techniques inthis study were interviews and literature review. The collected data is thenanalyzed qualitatively using the deductive method, namely drawing conclusionsfrom things that are general in nature to be specific.From the results of the research conducted, it can be concluded thatfirst.in the marriage administration needs, aside of the conditions stipulated in theMarriage Law, every niece's who is about to marry in Nagari Simpang LamaInderapura need to seeking for a written marriage approval from the ninikmamak. In practice, without a marriage license from the ninik mamak, the KUAwill refuse to carry out the marriage because this marriage license is as importantas other marriage conditions. Second,the role of the ninik mamak in marriage aasa tribal or clan leader cannot be ignoret. Because in marriage will not take placewithout the knowledge and permission of the ninik mamak.Keywords: Marriage - Ninik Mamak - Administrative Requiremen
PELAKSANAAN PENYELENGGARAAN PERIZINAN BERUSAHA DI KABUPATEN INDRAGIRI HILIR BERDASARKAN PERATURAN DAERAH KABUPATEN INDRAGIRI HILIR NOMOR 7 TAHUN 2017 TENTANG PENYELENGGARAAN PELAYANAN TERPADU SATU PINTU Sulaiha Sulaiha; Gusliana HB; Zainul Akmal
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Licensing in Indragiri Hilir is fully implemented Online Single Submission(OSS) and licensing in Indragiri Hilir is fully implemented Online SingleSubmission (OSS) as well as conducted based Online Single Submission RiskBased Approach (OSS-RBA) in accordance with Government Regulation Number5 of 2021 concerning Implementation of Risk-Based Business Licensing. OSS RBAis a business license granted to business actors to start and run their businessactivities which are assessed based on the risk level of a business. In TembilahanCity there are several obstacles in the implementation of based licensing OnlineSingle Submission (OSS) as in terms of services and infrastructure.The purpose of this research is to find out the implementation of businesslicensing in Indragiri Hilir Regency, Obstacles in the implementation of businesslicensing and to find out the efforts made by the investment service and one-doorintegrated services in improving business licensing services in Indragiri HilirRegency. This type of research is research using legal research methods using asociological juridical approach in which the author tries to collect data andinterview writing sources which are divided into primary, secondary and tertiarydata.The implementation of risk-based business licensing in Indragiri HilirRegency is fully implemented based on Government Regulation Number 5 of 2021concerning the implementation of risk-based business licensing, in theimplementation of licensing there are several obstacles such as the unavailabilityof online signatures, there are still many permit applicants who do not understandhow to register online so choose to register offline and come directly to theinvestment service and one-stop integrated services. Facilities and infrastructurethat are still not in accordance with applicable laws and knowledge and ability toaccess OSS RBA are still at different levels. To overcome this problem, theinvestment service and one-stop integrated services have made innovations calledJAPRI and SIMPATI which are hoped with this system can facilitate the businesslicensing process in Indragiri Hilir district. Suggestions for socialization tobusiness actors regarding government regulation number 5 of 2021 andprocedures for registering permits online with SIMPATI.Keywords: Licensing, Public Service, OSS.
PENYELESAIAN WANPRESTASI DALAM PEJANJIAN JUAL BELI PERUMAHAN ANTARA PENJUAL PT. CAHAYA MERANTI INTERNASIONAL (CMI) DENGAN PEMBELI DI KE KEPULAUAN MERANTI Jeni Desfa Junita; Hayatul Ismi; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Non-perfomance of contract is a condition where one or both parties bound in an agreementnot carrying out obligations or achievements according to what is written in the agreementthat has been agreed upon. In this case, the seller or the housing developer named PT.Cahaya Meranti Internasional (CMI), committed a Non-perfomance of contract against thebuyer (member of the Meranti Islands community). In this case, the seller does not return thefunds deposited to them, while based on the agreement the funds deposited by the buyershould be returned up to 100% excluding administrative fees if the mortgage applicationsubmitted is rejected by the bank. This study aims to determine the Implementation of theHousing Purchase Agreement between the Seller and the Buyer and to find out the legalremedies for the Housing Buyer in Requesting a Refund Against the Seller who Admitted Non-perfomance of contract.The type of research used by the writer is sociological research where the writerdirectly conducts research at the location or place under study to provide a complete andclear picture of case. The population and sample in this study are Marketing Supervisors atPT. CMI and Housing Buyers in the Meranti Islands.The results of the analysis in this study show that the implementation of the housingbuy and purchase agreement between the seller and the buyer is not carried out properly inaccordance with the agreement. The failure in following the agreement was caused by Non-perfomance of contract comitted by the seller, in which case the seller should return the fundsthat have been deposited in full if the buyer submits a cancellation, if the reason for thecancellation is due to a refusal of credit from the Bank. Until now, the seller has not fulfilledits obligation in returning the initial deposit from the buyer, which has resulted significantlosses experienced by the buyer. As a solution, the buyer have used legal efforts in form ofthe dispute resolution method outside the court for requesting a refund from the seller, PT.CMI, who admitted the Non-perfomance of contract. Moreover, the buyer has made efforts tonegotiate with the assistance and mediation from the Meranti Resort Police. However, theseller did not carry out the results of the deliberations as they shouldKeywords: Non-perfomance of contract, Sale and Purchase Agreement, Housing
PEMENUHAN HAK PEKERJA PENYANDANG DISABILITAS BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN DI PT. MITRA DINAMIS SEJAHTERA KOTA BATAM Syasha Mellya Karnain; Maria Maya Lestari; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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PT. Mitra Dinamis Sejahtera is one of the largest private companies in Batam City and isa specialist fire safety company providing fire faucets, fire alarms, emergency lifeboats and fireextinguishers. Regarding the labor quota that must be met by PT. Mitra Dinamis has employed 2people with disabilities, but there are several rights that have not been fulfilled. In Law Number13 of 2003 concerning Manpower Article 67 Paragraph (1) stipulates that employers who haveworkers with disabilities are required to provide protection according to the type and degree oftheir disability. This form of protection includes providing accessibility, providing work toolsand personal protective equipment. In an effort to protect, respect, promote and fulfill the rightsof persons with disabilities. In fact, the company has not provided protection such as theprovision of accessibility, hearing aids, special ladders for disabilities, and personal protectiveequipment.This research is a type of empirical research or sociological legal research. Sociologicallegal research is research that is carried out directly on location or in the field to obtain data toprovide a complete and clear picture of the problem under study. Data collection was carriedout using interviews, questionnaires and conducting literature studies using both books and datafrom the internet in the form of articles related to this writing.The author concludes that companies have not fully provided protection for workers withdisabilities. the company only provides protection in general and there are inhibiting factorssuch as internal companies, indecisiveness of Batam City Government, Lack of Knowledge, andBudget. Furthermore, the authors provide suggestions that the Government, companies andsociety must change the anti-discrimination stigma against persons with disabilities, byproviding motivation to do work like other workers. There needs to be cooperation between thegovernment and companies to carry out the fulfillment of special rights for workers withdisabilities. As well as the need for quality improvement in fulfilling the rights of workers withdisabilities, in addition to education and training, it can be carried out by giving directions fromcompany leaders or from the government. It is also necessary to improve the workingenvironment both within the company's internalKeywords: Fulfillment, Persons with Disabilities, Employment.
PENGATURAN SANKSI PIDANA TERHADAP PENIKMAT KONTEN LIVE PORNOGRAFI DI MEDIA SOSIAL DALAM HUKUM POSITIF INDONESIA Akhwal Fazri Zega; Erdianto Erdianto; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Cyber crime that has been developing lately is the Bigo Live social media application,which is an Android-based application using IOS which is currently being favored by users,especially from Indonesia. Technological developments have brought new forms ofpornography. In Law Number 44 of 2008 Concerning Pornography, that the meaning ofpornography is pictures, sketches, illustrations, photos, writing, sounds, sounds, movingimages, animations, cartoons, conversations, gestures, or other forms of messages throughvarious forms of media. communication and/or public performances, which contain obscenityor sexual exploitation that violates the norms of decency in society.This research is a normative legal research. This is based on library research whichtakes quotes from reading books or supporting books related to the problem under study.This study uses secondary data sources consisting of primary, secondary, and tertiary legalmaterials. This study also used qualitative data analysis and produced descriptive data.From the results of the research and discussion conducted, it is necessary to reformthe law regarding sanctions against connoisseurs of live pornographic content who carry outpornographic transactions so that it becomes a permanent job for perpetrators of livepornographic content. So that the level of criminal acts of pornography in Indonesia can bereduced. The imposition of sanctions on connoisseurs of live pornographic content is equatedwith the perpetrators of live pornographic content so that there is no difference between thetwo because they both commit criminal acts (pornographic transactions) and advise the stateto improve moral and character education for all generations of the nation about theimportance of moral values and avoidance the younger generation of pornographic contentthat is rife on social media.Keywords: Sanctions; Criminal; Content Connoisseurs; Live Pornography.
ANALISA TENTANG LEGALITAS PERSIDANGAN PEMBUKTIAN MENURUT PASAL 25 PERMA NOMOR 1 TAHUN 2019 TENTANG ADMINISTRASI PERKARA DAN PERSIDANGAN DI PENGADILAN SECARA ELEKTRONIK Mutiara Seroja; Firdaus Firdaus; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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The world has entered the Era of the Industrial Revolution, wherecomputerization and digitalization processes have occurred and have affectedalmost all aspects of human life, including the legal system. This causes courtinstitutions to rely on technology to support the continuity of legal services tojustice seekers. This online trial applies to both criminal and civil cases. For civiltrials, use a special application called E-Court or E-Litigation.The type of research used by researchers is normative legal research orwhat is known as "legal research". Normative law research uses normative casestudies in the form of legal behavior products, for example studying laws. Thisstudy examines the main issues in accordance with the scope and identification ofproblems through a statutory approach (statute approach). The data collectiontechnique used in normative legal research is the library research method, namelyusing the library as a means of collecting data, by studying books as referencematerials related to the problems to be studied.The conclusions that can be obtained from the research results are First,the arrangements for electronic evidentiary trials have been regulated in SupremeCourt Regulation Number 1 of 2019 concerning Case Administration and Trialsin Electronic Courts. As for other regulations, namely Law Number 11 of 2008 inconjunction with Law Number 19 of 2016 concerning Information and ElectronicTransactions (ITE) related to the recognition of electronic documents which areequivalent to documents made on paper still have the power of proof of electronicdocuments in case practice Civil law is equated with the strength of writtenevidence (letters). Second, written evidence contained in electronic evidence trialswhen referring to article 1888 of the Civil Code can still be equated with thestrength of written evidence (letters) as long as the copies and quotations are inaccordance with the originals which can always be ordered to be shown.Electronic devices and/or electronic documents are considered valid as long asthe information contained therein can be accessed, displayed, guaranteed forintegrity, and can be accounted for so that it can explain a situation.Keywords: Trial, Evidence, Electronics
POLITIK HUKUM MASA JABATAN KEPALA DAERAH HASIL PEMILIHAN KEPALA DAERAH SERENTAK 2020 BERDASARKAN PERSPEKTIF KEDAULATAN RAKYAT DI INDONESIA Muhammad Haikal Diegio; Evi Deliana; Zulwisman Zulwisman
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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The main pillar in every democratic system is the existence of a mechanism forchanneling opinions by the people through periodic elections, Regional Head Elections(Pilkada) starting from Governors, Regents and Mayors are guaranteed in the constitution inArticle 18 Paragraph (4) of the Constitution of the Republic of Indonesia 1945, in Law No. 10 of2016 which basically regulates the end of the term of office of the Head of the 2020 ElectionResults Region, in his capacity the Head of the 2020 Election Results Region should be sworn infor a term of 5 (five) years since being appointed in accordance with Article 162 paragraph (2)of Law No. 10 of 2016 and Article 60 of Law No. 23 of 2014 so that the term of office should endin 2026, not ending the term of office until 2024 as contained in the provisions of Article 201paragraph (7) of Law No. 10 of 2016. Whereas referring to the provisions of Article 201paragraph (7) of Law No. 10 of 2016, regional heads and deputy regional heads as a result ofthe simultaneous local elections in 2020 will only serve 4 years, some may even be lacking due todelays in inauguration .This type of research can be classified as normative juridical research, because thisresearch is carried out by examining secondary data and approaches to laws, this normativeresearch examines the applicable regulations and relates them to legal politics in the formationof a rule to achieve legal policy ideas. in the implementation of the regional head's term of officeas a result of the 2020 regional head election, the data sources used are primary data, secondarydata, tertiary data, the data collection technique in this research is normative juridical, the dataused is library research.The results of this study examine and analyze the regulations currently in force, namelyLaw No. 10 of 2016 as a legal umbrella regarding terms of office for regional heads where thearrangements and contents of Law No. 10 of 2016 are not achieved which results in notachieving the goal of maintaining people's sovereignty, justice, and certainty by law as well ascertainty from within the law itself. the formation of the ideal law (ius constituendum) regardingthe regulation of the term of office of regional heads in the 2020 regional head election byregulating and establishing technical regulations that really regulate in detail the term of officeof regional heads to avoid a legal vacuum and abuse of office which undermines the system ofpeople's sovereignty in Indonesia.Keywords : Term of Office of Regional Heads, 2020 Simultaneous Regional Elections,LegalPolitics.
Analisis Yuridis Terhadap Pemberian Asimilasi Narapidana Menurut Peraturan Menteri Hukum dan Hak Asasi Manusia Republik Indonesia Nomor 10 Tahun 2020 Ditinjau dari Tujuan Pemidanaan Yosef Mattew Nathanael; Maria Maya Lestari; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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The number of prisoners has exceeded the capacity of prisons, then the government made emergencyeffort to prevent the spread of the Covid-19 by stipulating the Regulation of the Minister of Law and HumanRights Number 10 of 2020 concerning Requirements for Assimilation anf Integration Rights for Prisonersand Children in the Framework of Prevention and Control of Covid-19. The principle of assimilation is tointegrate prisoners into society, in the hope of regaining confidence and always applying the principle ofgood behavior. Meanwhile, during the assimilation of Covid-19, there is still a repetition of criminal actsafter assimilation’s given, so the principle of assimilation is considered not achieved in society. The purposeof writing this thesis, as follows; First, Legal problems that arise after providing assimilation for prisonersaccording to the Regulation of the Minister of Law and Human Rights Number 10 of 2020 related to effortto prevent and control the spread of Covid-19 in Indonesia, Second, The ideal concept of providingassimilation of prisoners during the Covid-19 pandemic in the correctional system to achieve the purpose ofpunishment.This type of research can be classified in the normative juridical type of research, because the authorexamines law from an internal perspective with the object of research being legal norms. The author uses alegislative approach carried out by reviewing ministerial regulations related to legal issues. The datasources used are primary data, secondary data, and tertiary data. Data collection techniques in this studyare in the form of literature studies.From the results of problem research there are two main things that can be concluded. First, Legalproblems that arise after providing assimilation for prisoners according to the Regulation of the Minister ofLaw and Human Rights Number 10 of 2020 related to effort to prevent and control the spread of Covid-19in Indonesia, the legal problem that arise are not carrying out the rules for assimilation requirements athome, repetition of criminal acts, and the gap between the implementation of Covid-19 assimilation andpublic reaction. Second, The ideal concept of providing assimilation of prisoners during the Covid-19pandemic in the correctional system to achieve the purpose of punishment, that prisoners who commit drugcrimes by distributing narcotics don’t need to be assimilated at home and it would be nice if health agenciesand labor agencies were involved in assimilation. The author’s suggestion is, First, a strict monitoring andmonitoring mechanism is needed for assimilated prisoners, as well as transparent and fair implementationso as not to violate legal and human rights principles. Second, that the development of prisoners is expectedto improve the quality of the coaching program, continue to involve the community, increase evaluation, andexpand cooperation.Keywords: Assimilation, Inmate, Covid-19, Purpose of Punishment.
PELAKSANAAN PEMBAYARAN ROYALTI PADA LAGU YANG DIGUNAKAN OLEH RADIO DI PEKANBARU BERDASARKAN PERATURAN PEMERINTAH NOMOR 56 TAHUN 2021 TENTANG PENGELOLAHAN ROYALTI HAK CIPTA LAGU DAN MUSIK Shofa Rizkina Pratiwi.A; Zulfikar Jayakusuma; Meriza Elpha Darnia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Law Number 28 of 2014 concerning copyright, hereinafter referred to as theCopyright Law in Article 1 Paragraph 1, says that copyright is the copyright of thecreator that arises automatically based on the declarative principle after a work isrealized in a tangible form without reducing the complexity in accordance withthe provisions of the legislation. One of the intellectual property products includedin intellectual property rights is a song. The use of songs accompanied by materialbenefits, one of which is in radio media. As quoted from Government RegulationNumber 56 of 2021 Article 3 paragraph (1) that "everyone can make commercialuse of songs and or music in the form of commercial public services by payingroyalties to creators, copyright holders, and or rights owners." related throughLMKN. The purpose of writing this thesis namely; First, the implementation ofroyalty payments for songs used by radio in Pekanbaru city. Second, factors thatbecome obstacles in implementing royalty payments for songs used by radio inPekanbaru city.This type of research can be classified into the type of sociologicaljuridical research, examining the legal aspects by looking at the applicablelegislation and comparing it with the implementation obtained in the field. Thisresearch was conducted at the RRI and Gress FM radio companies, while thepopulation and sample were all parties related to the problems studied in thisstudy. Sources of data used are primary data and secondary data. Methods of datacollection in this study by interviews and literature study.From the results of the research problem, there are two main things thatcan be concluded. First, the implementation of royalty payments on both privateradio and state radio in Pekanbaru has a difference, where royalty payments byprivate radio in Pekanbaru do not carry out according to applicable regulations,while on radio The country, namely RRI radio, stated that the central RRI radiohad paid according to the procedures in force. Second, the factor that becomes anobstacle in the payment of royalties is that private radio does not benefit from theJOM Fakultas Hukum Universitas Riau Volume X No. 1 Januari – Juni 2023 Page 2songs that must be paid royalties and the second factor is due to a lack ofunderstanding of the rules governing the payment of royalties. Author'ssuggestion, First, LMKN must immediately create and use a Song and MusicInformation System and optimize its use to facilitate royalty management.Second, LMKs need to make improvements in collecting royalties, LMKNs needto socialize the Copyright Law, Content, and the rules contained in the Law inorder to increase understanding of the importance of paying royalties.Keywords: Payment-Royalty
ANALISIS YURIDIS PERTANGGUNGJAWABAN PIDANA MALAPRAKTIK KEDOKTERAN YANG DILAKUKAN OLEH DOKTER DALAM PENANGANAN PASIEN COVID-19 DALAM HUKUM PIDANA INDONESIADIKAITKAN DENGAN KEADIILAN Dhafa Dendy Dwijaya; Davit Rahmadan; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Malpractice is an act or bad practice, in other words, is a negligence (badpractice) on the part of professionals in carrying out their profession. Thus medicalmalpractice is an act of a doctor who is considered wrong when practicing medicine andviolating legal norms. Criminal liability is imposing a penalty on the maker for an actthat violates a prohibition or creates a prohibited situation. The formulation of theproblem in this study is how medical malpractice is regulated by doctors in handlingCovid-19 patients in Indonesian criminal law and how is criminal responsibility fordoctors who commit medical malpractice in handling Covid-19 patients in Indonesiancriminal law related to justice.The method in this study uses normative legal research methods. This research isalso referred to as library research or document study. It is referred to as research ordocument study because this research is mostly carried out on secondary data in thelibrary.From the results of this study, the first result was that, in Indonesian criminal law,there are no laws and regulations that specifically and in detail discuss medicalmalpractice, especially medical malpractice when a health emergency (pandemic)occurs, such as during Covid-19. Indonesian criminal law still uses existing laws andregulations such as the Criminal Code, Law No. 29 of 2004 concerning MedicalPractice, Law No. 36 of 2009 concerning Health, Law No. 44 of 2009 concerningHospitals, and Law No. 36 of 2014 concerning Health Workers, Therefore, it is time forthe government to carry out reforms in Indonesian criminal law, such as making orupdating laws and regulations regarding criminal acts or medical malpractice actionswhen a health emergency or pandemic occurs such as Covid-19, by making formulationsof criminal acts, criminal liability and sentencing precise and consistent. Second, basedon the 7 cases that have been described and based on the elements of criminalresponsibility, as well as being linked to justice regarding medical malpractice in thehandling of Covid-19 patients, they should be held criminally responsible based onarticles 359, 360 and 361 of the Criminal Code, article 79 letter C of the Law. No. 29 of2004 concerning Medical Practice, Article 126 paragraph (1) and Article 190paragraph (1 and 2) of Law No. 36 of 2009 concerning Health, and Article 84paragraph (1 and 2) of Law No. 36 of 2014 concerning Health Workers. Based on theexplanation of the 7 cases, in the absence of criminal responsibility, it can be concludedthat the main objective of the law is not achieved because there is no justice in the lawthat is created.Keywords: Covid-19, Doctors, Malpractice, Criminal Liability

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