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INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 77 Documents
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Search results for , issue "Vol 3, No 1 (2016): Wisuda Februari 2016" : 77 Documents clear
REKLAMASI SINGAPURA TERHADAP KEDAULATAN WILAYAH REPUBLIK INDONESIA BERDASARKAN HUKUM LAUT INTERNASIONAL FELLA DEFILLA; Dodi Haryono; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Indonesia is the largest archipelago in Southeast Asia which borderswith Malaysia and Singapore. As a state directly adjacent, not infrequenlyIndonesia seized conflict with the neighboring countries, including borderconflicts. Singapore has conducted reclamation activities sice 1966. The case ofreclamation conducted by Singapore is related to the Law of Sea Convention1982. As the one reference for countries experiencing problem or conflict overmarine areas. Indonesia as one of the countries that have ratified UNCLOS in1982, of course, can make a reference in the 1982 UNCLOS reclamation issue.The purpose of this thesis are; First, to determine the settings reclamation ininternational maritime law; Second, to determine the reclamation by Singaporecould threaten the sovereignty of the Republic Indonesia based on theInternational Law of theSea.Type of research used in this study, using a normative legal research. Atthis research the author concentrated on research that examines the level ofsynchronization law more in the case of sea reclamation in accordance withInternational Law and the connected the bilateral agreements between Indonesiaand Singapore with UNCLOS 1982.The result of the research, conclude two main points, First, in the UnitedNations on the Law of Sea in 1982 there were four of Article related toreclamation activities namely, Article 11, Article 56, pargraph 1, letter b, Article60, and Article 80. Secondly, reclamation conducted by Singapore can notthreaten the sovereignty of the Republic Indonesia unfder Article 11 and 60 poin 8of the United Nations on the Law of the Sea 1982.Keyword: Reclamation, Sovereignty, International Sea or UNCLOS
TINJAUAN YURIDIS EKSEKUSI MATI UNTUK WARGA NEGARA ASING DAN KAITANYA DENGAN HUBUNGAN INTERNASIONAL INDONESIA DENGAN NEGARA LAIN Wulandari, Natalia Desi; ', Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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The death penalty as one of the main criminal contained in article 10 of the Code of Penal always been an endless debate to this day. Others argue the pros against the death penalty and many cons. Especially it concerns the implementation to foreign nationals, where many countries that do not agree with the death penalty, particularly the socialist countries. Most of the socialist countries abolished the death penalty on the grounds of protection of human rights, according to the UN declaration of 1975 on guarding everyone from the tortured or treated or punished in a cruel, inhuman and debased. Moreover.The objectives to be accomplished author in this study are to determine the procedures for the execution of foreign nationals, to know the reaction of the countries in the world to die for the execution of foreign nationals in Indonesia and to determine the effectiveness of the death penalty in the world. This study is a normative legal research, the research uses the literature study will be concluded so deductively. Namely the conclusion initiated by the things that are common to the things that are special.While the results of this research will explain about the definition of a link between the death penalty and executions of human rights in relation to Indonesia as a state of law and the status of the death penalty in Indonesian positive law and historical procedures for executions in the world. Besides the core of this study is that the authors will explain the procedure of execution for foreign nationals in Indonesia are regulated in Presidential Edict No. 2 of 1964 which is also listed in the State Gazette No. 38 of 1964 on the Procedures for Execution of Death in the Region General Court and the Court military, the reaction of countries in the world, especially Australia, Brazil and France .Keywords: Execution Dead, foreigners, International Relations
PERANAN WWF (WORLD WILD FUND FOR NATURE ) DALAM UPAYA PELESTARIAN DAN PENANGGULANGAN KERUSAKAN HUTAN TAMAN NASIONAL TESSO NILO TERHADAP KELANGSUNGAN HIDUP SATWA ENDEMIK DI KABUPATEN PELALAWAN PROVINSI RIAU Nilam Hananti; Dodi Haryono; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Indonesia has 20 million hectares of peatlands is mainly located in Sumatra (7.2 million ha) and Borneo. Riau is a province which has the largest peat land approximately 4.044 million ha or 56.1% of the total area of peatlands in Sumatera.Indonesia is one of the countries that suffered environmental problems, such as the problem of flooding, forest encroachment, until the destruction of the National Parks in several regions in Indonesia , One of the encroached forest is Tesso Nilo National Park (TNNP) located in three districts in the province of Riau, namely Pelalawan, Kampar and Kuantan Singingi.Seeing the forest conditions are constantly degraded, the WWF (World Wild Fund For Nature). Then make efforts to urge the government to immediately produce policies that support forest conservation. According to the WWF if the destruction of peatlands in the Tesso Nilo National Park continues, then it is not Indonesia who will suffer the consequences, but the regional and global community will also feel the consequences. WWF as one of the non-profit environmental organizations in Indonesia, has a vision, mission and goals of the organization. The main purpose WWFadalah to stop and repair the environmental damage and to build a future in which humans live in harmony with the WWF alam.Upaya do is save the species diversity by promoting the preservation of the social and economic benefits to local communities in a sustainable manner.Keyword: WWF – Tesso Nilo- -Forestry
PERTANGGUNGJAWABAN NEGARA TERHADAP PENCEMARAN LAUT TIMOR OLEH TUMPAHAN MINYAK AUSTRALIA BERDASARKAN UNCLOS III 1982 DAN HUKUM LINGKUNGAN INTERNASIONAL Novia Kusma Ningsih; Mexsasai Indra; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Border management state of work never ending since that state born. This is thing based of state constitution one of state ,except country, government, and ability to interaction with international world and there is recognition of other countries. Contamination of path be important trauble to indonesian, because has contamination sea of indonesia until exclusive economic zone. Base philosophical based in article 192 United Nations Convention on the Law of The Sea (UNCLOS) 1982, that every country should keep of the sea, and that mean is article give pressed that ecosystem of sea is a part should to keep and long lasting for every countries. Research purpose is first about dispute resolution in international law that use as method to dispute settlement cases contamination of the sea timor; and second state responsibility of explode examination into sea timor.As for result is first, dispute resolution that taken during this among parties involved into dispute that is, Indonesia and PTTEP Australasia is diplomacy. Second, form of responsibility among australia, and indonesia is in the case of tort claim and compensation.
ANALISIS YURIDIS PROSES HUKUM TERHADAP PEJABAT DIPLOMATIK YANG MELAKUKAN PERBUATAN MELAWAN HUKUM DI NEGARA PENERIMA (STUDI KASUS ASUSILA PEJABAT DIPLOMAT MALAYSIA DI WELLINGTON, SELANDIA BARU) Oktaviana, Ruth; Bachtiar, Maryati; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Immunity of diplomatic officials is freedom from arrest or detention. This freedom is a guarantee for one diplomatic official in conducting its functions. Each emphasis directly against a diplomat who represented his country could be considered as aimed directly against the countries they represent, but a diplomat are also obliged to respect the rules and laws of the recipient country.This study aims to determine the provisions of Vienna Convention of 1961 that regulates the immunity and privileges of diplomatic officials and legal processes that must be followed by a diplomatic official who committed an unlawful act in the recipient country.This research is a form of literature studies, which are guided by the development of science of international law, especially in the diplomatic field. From this research can be seen the advantages of immunity and inviolability, which is given to diplomatic officials, associated with the execution of their functions and duties. However, from the advantages it can be seen the individuals who misuse these immunity.Results from this study would be refers to the case between New Zealand and Malaysia with the provisions on the rights of immunity and the privileges of an officials diplomatic for contained in the 1961 Vienna Convention.The provisions about the waiver of immunity and the rule of law are stated in Section 32 of the Vienna Convention 1961. Immunity of jurisdiction of diplomatic officials and those who enjoy the immunity contained in Section 37 of the Vienna Convention 1961 can be removed by the sending country. Dismantlement of immunity the diplomat who violate depends on the good faith of the sending country in ensuring that the diplomat will get fair treatment in the country. Because in Vienna Convention 1961 on Diplomatic Relations does not explain about the standard or a reason to be abandon immunity of a diplomat who commit violations.Thus, the authors suggest for more coordination between the government and the police related to the arrest and detention of diplomatic officials who proved to have committed acts of crime in the territory of New Zealand, so that all processes that run against diplomatic officials can be run in accordance with the rules of international law applicable in New Zealand.Keywords: Immunities and Privileges of Diplomatic Officials, Legal Process of Diplomatic officials, associated with cases immoral.
PENGAWASAN KEIMIGRASIAN TERHADAP ORANG ASING OLEH KANTOR IMIGRASI KELAS II DUMAI MENURUT UNDANG-UNDANG NOMOR 6 TAHUN 2011 TENTANG KEIMIGRASIAN TIMBUL AMAN SIMORANGKIR; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Immigration comes from Dutch, Immigratie. Immigratie means someone who leaves his/her country by him/her self to stay or go to another country. Law of Immigration talk about people who are come to Indonesia and go out from Indonesia. Dumai city is a strategy place because it is near to Malaysia. It means that foreigners can come Indonesia or go out from Indonesia. That foreigners usually come to Indonesia to get a job, enjoy their vacation or just for transit. That strategy place make foreigners to come to Dumai illegality. They don’t have a document so they come in to the small ports which is place at the harbor of beach. In fact, there are a lot of foreigners have a job in Dumai but they don’t have document which is haven’t an extension document. They are a criminal of immigration. To ge a good stability and nation importance, nation sovereignty, security, general discipline and alert to the negatie possibility of come in or go out, existence, and foreigners activity in Indonesia, so Indonesia need to make a rule about controlling foreigners and immigration activity. As article 66 verse 2 Law of the republic of Indonesia number 6 of 20112011 concerning immigration says that the alert of foreigners like alert of foreigners who come in and go out, and alert of existence and foreigners activity in Indonesia..Keyword: Supervision - Immigration - Foreigners
PELAKSANAAN LELANG TERHADAP KREDIT MACET PADA PT. BANK RAKYAT INDONESIA (PERSERO) CABANG DUMAI Ariyana Rezki Ananda; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Bank according to Article 1 paragraph 2 of Law No. 10 of 1998 concerning Amendment to Law Number 7 of 1992 concerning Banking, "the bank is an entity that collects funds from the public in the form of savings and channel them to the public in the form of credit or other forms in order to improve the living standards of the people. "Based on this, the bank conducting credit to debtors who need funding for business or production activities. Based on the principle of prudence of banks in providing credit, the bank noticed collateral for a loan. The credit guarantee essentially serves to ensure the certainty of repayment of the debtor if the debtor in default or bankruptcy.Under Article 6 of Law Encumbrance, if the debtor injury appointment or default, the first mortgage holder of the right has the right to sell the object of encumbrance on its own power through public auction. Repayment of the receivable is taken of the results of the auction. This is what is commonly called parate execution. This formulation also contained in Article 1 178 Paragraph (2) of the Civil Code. However, before the bank was trying to rescue a credit according to Bank Indonesia Circular Letter No. 23/12 / BPPP dated February 28, 1991, namely Rescheduling, Reconditioning, Restructuring.Definition of an auction pursuant to Article 1 of the Minister of Finance Regulation No. 40 / PMK.07 / 2006 on Guidelines for the Implementation of the Auction, the auction is a sale of goods which is open to the public at a price quote in writing and / or oral increased or decreased to achieve the highest price preceded by the announcement of the auction.The auction is expected to restore the banks' losses on customer receivables of the debtor. However, changes to the object at auction guarantees that would result in losses for banks, namely the declining price of the auction object. As a result, bank losses due to auction proceeds do not cover the debts that are overdue. Because the auction results do not meet the debt, the bank asks the customer accountability to creditors.Keywords : Implementation-Auction-Bad Credit-Guanrantee
PERLINDUNGAN HAK KONSUMEN AKIBAT ATURAN KLAUSULA BAKU USAHA KARAOKE KELUARGA DI PEKANBARU DITINJAU BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Astari, Fenty Rizka; Bachtiar, Maryati; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Consumers protection is all means which guarantee the legal security to protect the consumers.Consumer protection laws are a form of government regulation, which aim to protect the rights of consumers. The original basic consumer rights are: the right to choose, the right to safety, the right to be informed, and the right to be heard. Consumers rights and consumer protection law provides a way for individuals to fight back against unfair business practices. A consumer should have the opportunity to select the goods or services that he or she wants to purchase without any restrictions of right. For example, thereis standard clause. Standard Clause is any regulations or provisions and conditions unilaterally prepared and predetermined by the entrepreneurs in the form of a document and/or an agreement which is binding and must be met by the consumers. In offering the goods and/or services for trading, the entrepreneurs are prohibited from making or including a standard clause on each document and/or agreement if, point (g) it states that the consumers are subject to the new regulation, additional regulation, continued regulation and/or continuous change of regulation made unilaterally by entrepreneurs during the period the consumers are using the services they purchased.Key Words: Consumers Protection – Basic Consumer Rights – Standard Clause
KEPEMILIKAN HAK ATAS TANAH ULAYAT PADA MASYARAKAT ADAT DI NAGARI PANGKALAN KECAMATAN PANGKALAN KOTO BARU Berma, Avnesyia Tri; ', Firdaus; Hendra, Rahmad
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Every community is in need of soil in his life, in the indigenous communities have a name which is the customary rights of indigenous peoples rights group over a piece of land called communal land. Implementation of communal rights should be based kapentingan national and state that does not conflict with other regulations, can be seen in Article 3 of Law No. 5 of 1960 on the Basic Regulation of Agrarian, but it can also be seen in Article 2 paragraph (2) Regional Regulation West Sumatra province that benefits for the benefit of indigenous peoples and in the rules of customary law Minangkabau any decision should be based on consultation and consensus. However, the case for customary land were sold and its use no longer compatible with the existing rules. The purpose of this thesis, namely: first, to know the background of customary land rights disputes in villages Base, both to know the management of communal land by indigenous people in the village base, third mediation customary land rights in villages Base.This type of research can be classified in this type of sociological research, because in this study the authors directly conduct research on location or area under study in order to provide a complete and clear picture of the problem under study. This research was conducted in villages Base districts Base Koto Baru, while the sample population is a whole party with regard to the issues examined in this study, the data source used primary data and secondary data, data collection techniques in this study with interviews and literature study.From the research, there are three main things that can be inferred. First, the background or the causes of communal land dispute is due to the daily needs of the different indigenous peoples so as to meet the needs of the community will carry out the various ways that lead to the emergence of disputes. Second, their land use is not in accordance with the interests of indigenous peoples have even cause harm to indigenous people themselves. Third, indigenous peoples are less trusting density Adat (KAN) in resolving disputes resulted in communal land settlement to the District Court. Suggestions writer, first, indigenous peoples must mengedapankan common interest and does not conflict with personal interests so that there are no losers. Secondly, the use of communal land should be guided by the existing rules so that there is no abuse of power. Third, KAN should perform its functions optimally, so that indigenous people will trust KAN in resolving land disputes which occurred in the village communal Base.Keywords: Land Rights - Communal Land - Dispute
PELAKSANAAN KAWIN HAMIL PADA MASYARAKAT ADAT DI DESA TANJUNG KECAMATAN KOTO KAMPAR HULU KABUPATEN KAMPAR WIDYA KURNIA SARI
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Article 53 Compilation of Islamic Law has stated that, a woman who became pregnant out of wedlock who can legally married to the man who impregnated her without waiting for the birth of a child in her womb. The marriage continues to be valid and effective unless there is a divorce, so the marriage was performed not need to be restarted even after the birth of her child.The reality of the indigenous communities in the village of Tanjung District Koto Kampar Hulu Districts Kampar still upholds the customary law in force in this village. Marriage to a pregnant woman before getting marriage was forbidden, but to cover up the embarrassment should be expedited marriage (forced marriage), the consequences under customary law marriage is invalid. Legal marriage when repeated after forty days the baby is born.Keyword: Implementation - Married Pregnant - Customary Law - Village of Tanjung

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