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PELAKSANAAN TANGGUNG JAWAB PENGANGKUTAN BARANG MELALUI LAUT DI PT. INDO PERDANA LINTASJAGAD BATAM DENGAN CV. JAYA RAYA Pratomo, Bobby Farras; Bachtiar, Maryati; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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The transport of goods in its implementation is preceded by agreement between the parties, namely the sender, the receiving party, and the third party as the introductory party. This freight deal is contained in a contract of carriage which includes the rights and obligations of each party in the process of delivery to the receipt of goods. This contract is very important considering the risks that will be encountered when the goods are in transit, the clause on the transport agreement must include also the rights and obligations of third parties. The purpose of this study is to know the rights and obligations in the agreement of transporting goods by sea at the transportation company PT. Indo Perdana Lintasjagad and constraints that occur in the implementation of goods transport by sea between PT.Indo Perdana Lintasjagad with CV. Jaya Raya.The type of this research is sociological law research that is research on the effectiveness of the current law while when viewed from the nature of this research is descriptive. This study uses primary data that is data obtained directly from the first source and direct observation conducted by the researcher into the field and secondary data that is the data that has been so.The results of this study are the rights and obligations in the sea freight transport agreement in the freight company PT.Indo Perdana Lintasjagad Batam embodied in legislation or delivery agreement of goods made by PT. IPL with CV. Jaya Raya. Rights and obligations between PT. IPL and CV. Jaya Raya is everything that must be met or must be accepted by PT. IPL and CV. Jaya Raya arising from a legally-established agreement. Constraints in the implementation of goods transport by sea between PT. Indo Perdana Lintasjagad with CV. Jaya Raya is a dense transport schedule followed by the number of existing customers and the delay of delivery of CV's belongings. Jaya Raya to Container Yard (CY), the occurrence of damage to the goods during the inspection process by the water police officers and at the time of bongkat loading by the ABK. To overcome this, done cooperation or sign contract with CV. Jaya Raya with a minimum contract period of one year.Keywords: responsibility, transportation, sea.
PELAKSANAAN OPER KREDIT KENDARAAN BERMOTOR RODA EMPAT TANPA DIKETAHUI PIHAK PERUSAHAN PEMBIAYAAN KONSUMEN PT BUANA FNANCE TBK BERDASARKAN UNDANG-UNDANG NOMOR 42 TAHUN 1999 TENTANG JAMINAN FIDUSIA Rio Julivan Sibarani; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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The credit operation under the hands represents a transfer of liabilities from the old debtor to the new borrower to the fiduciary security object, the transfer of this credit without the consent of the creditor, the credit operation under this hand will cause further legal problems because of this without the consent of the creditor. The formulation of the problem is how the implementation of Law Nomber. 42 of 1999 on Fiduciary Guarantee of motor vehicle operations without known to the financing institution, how the legal efforts against credit operations without knowing by the financing institution. The results of this study that the credit operates have been frequent in all finance companies not only in PT. Buana Finance, Tbk the occurrence of this credit operations because the debtor is not able to continue installment payments, so that from the vehicle seized by the PT. Buana Finance Tbk, it is better to operate it to other party, but the problem of vehicle credit operation is done unnoticed by the company so that the debtor has violated Article 23 Paragraph (2) Fiduciary Law, which becomes the obstacle of this problem is the debtor Many do not know the legal consequences caused when doing credit operations unnoticed by the financing institutions in addition to lack of socialization of the company to the problem of credit oper, the vehicle in oper credit to others do not know its existence, and efforts made to overcome the existing obstacles , Where the debtor by giving an explanation to the debtor at the signing of the credit agreement, by explaining the credit operations, asks the old debtor to take responsibility for the transferred vehicle who does not know its existence by paying off the outstanding debtKeyword: take over credit, Four-wheel vehicle, Fiduciary guarantee
PERLINDUNGAN HUKUM BAGI KONSUMEN AIR MINUM ATAS PELAYANAN PERUSAHAAN DAERAH AIR MINUM TIRTA INDRA KABUPATEN INDRAGIRI HULU Meta Fitria; Firdaus '; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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As a service provider company and providing non-profit public benefits,PDAMs should be oriented towards quality service quality, capable of providinghigh quality water that meets health requirements (colorless and odorless),continuity, innovative, so that PDAM Tirta Indra Kab Indragiri Hulu can defenditself, and in the future is expected to become a service company that can betrusted and proud by consumers, especially Indragiri Hulu Regency. However, inreality there are still many unattainable drinking water consumer rights, such asthe right to convenience, where consumers are less comfortable with the servicesof PDAMs, and the right to information, where PDAMs are not open toconsumers regarding quality information from the drinking water they consumeeach year.As for the purpose of writing this thesis is To know the implementation,constraints, and efforts in legal protection for consumers of drinking waterservices Tirta Indra Regional Water Company Indragiri Hulu regency.The conclusions can be obtained from this research is, First, theimplementation of legal protection for consumers of drinking water services TirtaIndra PDAM Indragiri Hulu regency is still not running properly. Second,constraints in the implementation of legal protection for consumers of drinkingwater services Tirta Indra PDAM Indragiri Hulu regency is the number ofcomplaints from consumers and the quality of drinking water. Third, the effortsmade by PDAM Tirta Indra Indragiri Hulu regency in overcoming the problemsof drinking water services to consumers, related to consumer complaints directlyhandled by Public Relations Section and Customers PDAM Tirta Indra, ondrinking water quality, PDAM Tirta Indra Indragiri Hulu do some fixes such asPlow Meter and Pam Browsing. The author's suggestion from this research is,First, PDAM Tirta Indra Kab. Inhu is expected to improve services in providingclean water and quality. Secondly, PDAM Tirta Indra Kab. Inhu is expected tominimize complaints from consumers to provide clean water services. Third,PDAM Tirta Indra Kab. Inhu is expected to continue working to overcomevarious problems related to his ministry.Keywords: Legal Protection - Consumer - PDAM
ANALISIS YURIDIS PERLINDUNGAN KONSUMEN TERHADAP OBAT-OBATAN TRADISIONAL YANG BERASAL DARI LUAR NEGERI BERDASARKAN UNDANG-UNDANG NO. 8 TAHUN 1999 TENTANG KONSUMEN Efendi, Sumardi; Bachtiar, Maryati; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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The State has appointed the Food and Drug Supervisory Agency (BPOM) as a Non Departmental Government Institution established to carry out government duties in the field of drug and food control in accordance with applicable laws and regulations. BBPOM domiciled in Jakarta and to carry out its duties in the area of BBPOM has a technical implementation unit one of them in the form of Center for Food and Drug Supervisor (Balai Besar POM) in the area with their respective working areas. Based on the above background, the authors are interested to explore it more deeply, because with the circulation of these drugs are not accompanied by labels from BPOM, so this can harm consumers as users of these drugs, however health is the main thing, but how it is the case if the sick body is entered by traditional drugs that harm the body, can even result in death.The author sets out the following key issues on How Consumer Protection Against Traditional Drugs Originating From Abroad Based on Law no. 8 of 1999 on Consumers and How Constraints in Consumer Protection Against Traditional Drugs Originating From Abroad Based on Law no. 8 Year 1999 About Consumers.This writing when viewed from the type of research is classified as normative legal research that is research conducted by examining the legal library materials associated with the problem, whereas if viewed from the nature of this research is descriptive research that explains in the form of a clear sentence and detailed.From the results of the research that protection of consumer protection against traditional drugs originating from abroad pursuant to Article 1 paragraph (1) of Law no. 8 Year 1999 About Consumer Protection is any effort that ensures the existence of legal certainty to provide protection to consumers conducted by BBPOM in charge of supervising the circulation of drugs on the market. As an example of a case carried out by BBPOM Pekanbaru who made the arrest of the owner of Drug Store Sumber Rezeki Makmur located in Mal Pekanbaru. From the results of the arrest was confiscated evidence of drugs originating from China bamboo curtain country. Constraints In Consumer Protection Against Traditional Drugs Originating From Abroad Based on Law no. 8 of 1999 About Consumers are: No direct responsibility from pharmaceutical companies to consumers, Lack of supervision conducted by BBPOM on drugs from abroad, lack of human resources, lack of participation from the community and lack of law enforcement to business actors.Keywords: Consumer Protection Traditional Medicine - From Abroad
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PORNOGRAFI MELALUI MEDIA SOSIAL BIGO LIVE BERDASARKAN UNDANGUNDANG NOMOR 19 TAHUN 2016 PERUBAHAN ATAS UNDANGUNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK DI KEPOLISIAN RESOR KOTA DUMAI Natasya Alfiana Sagita Saragi; Erdianto Effendi; Ferawati '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Internet media can give birth to new activities that are not fully regulatedby the existing law. This fact has made people aware of the need for regulationthat regulates the activities that involve the internet media. Along with theexistence of internet media in the community developed the internet media alsogave birth to new anxieties, among others the emergence of a new, moresophisticated crime in the form of cyber crime (cyber crime). The purpose ofwriting thesis in, namely First, To know how the law enforcement process and theapplication of sanctions against pornographic crime through social media bigolive based on Law No. 11 Year 2008 About Information and ElectronicTransactions. Second, To know the preventive efforts of government and lawenforcement officers in overcoming the high index of pornographic crime throughsocial media bigo liveThis type of research can be classified in the type of sociological juridicalresearch, because in this study the authors directly conduct research on thelocation or place studied to provide a complete and clear picture of the problemunder study.From the research results of the problem there are two main things that canbe concluded, First,Law Enforcement and Application of Sanctions againstpornography through social media bigo live Based on Law Number 19 Year 2016amendment to Law Number 11 Year 2008 About Information and ElectronicTransaction at the Dumai City Police Force,law enforcement at the Dumai CityResort Police has not been running as it should and the imposition of its sanctionscan’t be imposed directly on the perpetrators. Secondly, the preventive effortsundertaken by the Government and the law enforcement officers of Dumai CityPolice Force are to socialize the dangers and negative impacts of pornographythrough social media to the community.Author's suggestion, Firstly, It takescommitment in law enforcement against pornography through bigo live socialmedia.Keywords: Law Enforcement-Pornography-Dumai City Police Officer
ANALISIS YURIDIS KEDUDUKAN PERJANJIAN HOMOGLASI DALAM MENGAKHIRI KEPAILITAN SESUAI DENGAN UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG Rahmat Marianus Sidabutar; Hayatul Ismi; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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The Verdict of the Endorsement of the Treaty of Peace or often referred to as Homoglasi must have legal certainty in ending bankruptcy. Homoggation provides an important opportunity for the debtor to re-manage his property. Assets and Passiva of a company are important considerations in deciding the ratification of a peace agreement or homoglation. This is useful for ensuring business continuity and for the fulfillment of the content of the homoglation agreement. Article 166 Paragraph 1 provides a strict stipulation that the homoglasi agreement has a strong position to end bankruptcy and in Article 288 stating that Homoglasi has the legal standing to end the Postponement of Debt Payment Obligations. The Treaty of Peace which has been approved by the Commercial Court (Homoglasi) must have a definite legal effect to end the bankruptcy that befell the debtor and become the base of rights for both parties. Judge must be more careful in deciding any bankruptcy case that has ended with homoglasi for the creation of legal certainty that becomes the legal umbrella for the debtor and creditorThe purpose of this thesis writing is: First, to know how the legal position of verdict of endorsement of peace (Homoglasi) in ending bankruptcy in accordance with Law Number 37 Year 2004 About Bankruptcy and Delay of Obligation of Debt Payment, Second, What is the effect of law of verdict of endorsement of peace agreement (Homoglasi ) to the Company's bankruptcy status in view of Law Number 37 Year 2004 Concerning Bankruptcy and Suspension of Payment Obligations.This type of research is normative legal research or can be called also research doctrinal law. From the research result of the problem there are two main points that concluded, Firstly, the position of verdict of endorsement of peace agreement (Homoglasi) which is not able to give guarantee of legal certainty to debtor pursuant to Law Number 37 Year 2004 About Bankruptcy and Delay of Debt Payment Obligation. Second, the legal consequences of the Decision of the Peace Agreement which can not have legal certainty resulting from the position of the Ratification of the Peace Treaty Agreement which has no legal certainty in ending the bankruptcy of the debtor.Keywords: Legal Status- Homoggation- Law Effects
PENCEGAHAN TINDAK PIDANA TERHADAP ANAK BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2014 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK OLEH KEPOLISIAN SEKTOR BANGKO PUSAKO ROKAN HILIR Almizan '; Dessy Artina; Ferawati '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Implementation of child protection in the territorial waters of the Bangko Pusako Sector Police has not been maximally protection for children still the number of children who become victims of crime, in contrast to those already regulated in the Act. Therefore, the purpose of writing this thesis, namely: first, how the implementation of prevention of crime against children based on Law number 35 year 2014 about the amendment to Law number 23 year 2002 about child protection by Police Sector Bangko Pusako Rokan Hilir. Second, what are the obstacles in implementing prevention of crime against children based on Law number 35 year 2014 regarding the amendment to Law number 23 year 2002 concerning child protection by Police Sector of Bangko Pusako Rokan Hilir. This type of research can be classified in the type of sociological law research, because in this study the authors directly approach the way by looking in terms of legislation and the reality that looks at the object of research. The author conducted this research in the Police Sector Bangko Pusako. Population and sample of this research are Kapolsek Bangko Pusako, Reskrim Criminal Polsek Bangko Pusako, Victim's Parent and / or Victim's Legal Counsel. Sources of data used are: primary data and secondary data. Data collection techniques in this study with interviews, observation, and literature review. The conclusions obtained from the results of this study are first, the implementation of prevention of crime against children based on Law number 35 year 2014 on the amendment of Law number 23 year 2002 on child protection by Police Sector Bangko Pusako Rokan Hilir not fully in accordance with what expected by the community and the aspiration of the law because the efforts undertaken by the police have not been maximized and can not touch all levels of society as a whole. Second, obstacles in the implementation of prevention of crime against children based on Law number 35 year 2014 about the amendment of Law number 23 year 2002 concerning child protection by Police Sector of Bangko Pusako Rokan Hilir Sector ie society factor, facility factor and infrastructure, personnel and geographical factors.Keywords: Prevention-Crime-Against Child-Police Sector Bangko Pusako.
PERLINDUNGAN HUKUM BAGI KONSUMEN TERHADAP PEREDARAN MIE BASAH YANG MENGANDUNG ZAT BERBAHAYA OLEH PELAKU USAHA DI KOTA PEKANBARU Fernanda, Rian Dwiky; ', Firdaus; ', Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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The more advanced and growing community or consumers in Indonesia,the more consumer demands will be things practical. In eraglobal the easier thecirculation of food products from within and abroad that enter the domesticmarket so as to avoid the possibility of expired food products, and containing orcontaminated with hazardous substances and prohibited food additives such asformalin, borax, rodhamin B, methanyl yellow or processed food originating fromthe import of substandard waste food.As for the purpose of writing this thesis is To know the Legal Protectionfor Consumers Against Circulation of Wet Noodles Containing DangerousSubstance By Business Executors In Pekanbaru City, as well as obstacles.The conclusion that can be obtained from this research is, First, theprotection of the law for consumers to the circulation of wet noodles containingharmful substances by business actors in the city of Pekanbaru is still not runningproperly, where there are still many consumers who are harmed due to thecirculation of wet noodles containing hazardous substances, Second, barriers inlegal protection for consumers to the circulation of wet noodles containinghazardous substances by business actors in Pekanbaru city caused by severalfactors including, consumer factors, business actors, and government. Suggestionwriter in this research is, First, Government should increase supervision tocirculation of wet noodle containing hazardous materials in Pekanbaru City tominimize losses suffered by society Second, business actors in running theirbusiness should show good faith and give clear information of goods and orservices circulated and attempts to pay attention to consumer rights andobligations as business actors that have been formulated in the UUPK and alsoconsumers wet noodles should be more careful in buying and consuming wetnoodles to avoid danger.Keywords: Legal Conservation - Consumer - Wet Noodle - DangerousSubstance - Business Actor
PERTANGGUNGJAWABAN PIDANA TERHADAP ANAK SEBAGAI PELAKU TINDAK PIDANA PENCURIAN DENGAN KEKERASAN (Studi Putusan Perkara Nomor: 4/Pid.Sus-Anak/2017/PN Pbr) Dyane '; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Provision of criminal sanctions against children as perpetrators of criminal acts of theft with violence and denial which have complied with the provisions of Article 365 paragraph (2) to the 2nd Criminal Code (Penal Code) with imprisonment for 1 (one) year and 6 (six ) month for perpetrators who are aged 14 years is considered not appropriate when viewed from the concept of punishment of children. A special imprisonment has a negative impact on the child's development. Sanctionsweet against misbehaved children (juvenile delinquency) may be given action in the provision of Article 82 paragraph (1) of Law Number 11 Year 2012 on Child Criminal Justice System. type of normative juridical research, whose purpose with normative juridical research is a study that discusses legal principles, legal system, law-law level, legal history, and comparative law. Judging from the nature of the research used Descriptive, The purpose of this study is to provide a systematic description of the level of self-law in the criminal responsibility of children as perpetrators of theft with violence. Sources of data used, primary data and secondary data and tertiary data, data data techniques in this study with literature review. From the results of this study the authors can be concluded. First, the responsibility of the child in committing a crime is a responsible and ready child to be investigated, prosecuted and tried in court. It's just that there are provisions where a child is not the same as the parents. Secondly, the judge in making a legitimate child criminal verdict is sufficient only to base on what has been written and regulated in the Act. And in juridical considerations in the case of children, there is clearly a difference regarding the provisions of material offenses and the provisions of the formal offense. Keywords: Judge's Verdict - Criminal - Child Account
SENGKETA TANAH ULAYAT MASYARAKAT ADAT DESA SIKIJANG KECAMATAN LOGAS TANAH DARAT KABUPATEN KUANTAN SINGINGI DENGAN PT. RAPP (RIAU ANDALAN PULP AND PAPER) Herida Nilawati Manurung; Maryati Bachtiar; Dasrol '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Problems that occur between PT. RAPP (Riau Andalan Pulp and Paper) with the indigenous people of Sikijang Village precisely in Logas Tanah Darat Subdistrict ie Citizen Residents Subdistrict Logas Tanah Darat requested that PT. RAPP (Riau Andalan Pulp and Paper) for an area of 479 Ha in Sikijang Village, Logas District of Tanah Darat. Due to the submission agreed by both parties as stated in the Memorandum of Understanding (MoU), which on August 31, 2000 ago, the 479 hectares of land can be taken by the indigenous people of Sikijang Village after logging, said Head of Logas Tanah Darat, Efrizon Marzuki AP , during negotiations between the two sides at the Kuantan Singingi Forest Service Office Hall. The purpose of writing this thesis, namely: First, To determine what factors that cause the flow of land disputes ulayat between PT. RAPP with Indigenous Peoples of Sikijang Village, Secondly, To know how to settle land disputes of ulayat between PT. RAPP with Indigenous Peoples of Sikijang Village.This type of research can be classified in the type of sociological research is a study of the effectiveness of applicable lawFrom the results of research problems it is clear that the factors that cause the occurrence of land disputes ulayat indigenous Sikijang Village with PT. RAPP, is the non-execution agreement between PT. RAPP with Sikijang Village community, After the agreement ends the promised land of ± 479 Ha is not returned to the community, due to the lack of knowledge of the indigenous peoples thus causing their land to be cultivated or used over the time limit as promised, non-transparent compensation in the execution of grant compensation as compensation for land use, the investor sometimes directly related to the Local Government and even ninik mamak, the community asked to PT. RAPP that the community asked the company to return the land ± 479 Ha and no serious response and settlement made by the company. How to settle land disputes of ulayat between PT. RAPP with indigenous peoples of Sikijang Village was conducted through the mediation stage on September 16, 2014 which resulted from the mediation provided a sum of funds worth Rp. 100 million / year (one hundred million rupiah per year) but not in the form of money but in the form of several programs such as building musollah in several local hamlets. This program has been done since the year 2000 and every year conducted negotiations between the PT. RAPP with Sikijang Village community.Keywords: Settlement of Disputes-Limited Liability Company-Ulayat Land

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