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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 105 Documents
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Search results for , issue "Vol 6, No 1 (2019): Januari -Juni 2019" : 105 Documents clear
Praktik Penempatan Mahasiswa Jurusan Teknik Mesin Fakultas Teknik Universitas Riau Di Dalam Pelaksanaan Kerja Praktik Handika Iqbal Pratama; Hayatul Ismi; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Practical Work is mostly done by the final students as their graduation requirements which arerequired by the university, as well as students of the Mechanical Engineering Department at UniversitasRiau. Law No. 44 of 2015 concerning the Delivery of Work Accident Guarantees and Death Assurance hasobliged that each Practical Worker participant must receive work safety guarantees from the company, butin reality students often do not get the rights they should get.This legal writing aims to find out the implementation of practical work programs in legalprotection, guarantee of their rights by law, protection of their work safety, and the obstacles experiencedby participants of the Practical Work (students, companies, and the Department of Mechanical Engineering,Universitas Riau) in implementing practical work, as well as the solutions to overcome the obstacles.The writing of this study used a juridical empirical approach to see the identification andeffectiveness of law in reality through attitudes, actions and opinions in real terms, by conducting directresearch in the field regarding the implementation of the placement of practical work participants in theDepartment of Mechanical Engineering, Universitas Riau. While the population and sample were all partiesrelated to the problems examined in this study. The data sources used were primary, secondary, and tertiarydata. Data collection techniques in this study were carried out by observation, interviews and literaturereviews.From the research findings on the problem, there are two main things that can be concluded. First,legal protection for Practical Work students at Universitas Riau based on Law Number 44 of 2015concerning the Delivery of Work Accidents and Death Collateral was not fulfilled by the companies wherethey carried out the Practical Work. Second, the agreement process of several parties carried out by thecompany (PT. PLN Pekanbaru Generation Sector) for participants of the practical work at UniversitasRiau's Mechanical Engineering Department is contrary to the applicable law, making this agreement nulland void. Some recommendations from the author, first, the government should pay more attention to thelegal protection of the rights of participants in practical work and more closely monitor the practical workimplementations as well as make good standard procedures. The government should also provideinformation to companies and universities that carry out practical work. Secondly, agreements in practicalwork need to be mandatory and legal rules that regulate like the agreement on "apprentice" participantsshould be formulated to ensure the rights and more balanced positions of participants in practical work. Thecontents of the agreement must fulfill and guarantee the rights of participants in practical work, this isbecause their position in this agreement is very weak.
KEBIJAKAN FORMULASI HUKUM DALAM PEMBERIAN PEMBEBASAN BERSYARAT BAGI NARAPIDANA YANG MELAKUKAN PENGULANGAN TINDAK PIDANA Tri Aisyah; Dessy Artina; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Parole is the process of the construction of the prisoners outside the correctional after undergoing 2/3(two-thirds) of at least 9 months criminal period. In granting parole inmates must meet the specifiedrequirements, and there is also a trial period which must be met by the inmates, when inmates violate then hisexemption can be revoked and must live the remainder of the punishment has yet to be lived, his own parolecontained in Article 15 of the BOOK of law CRIMINAL LAW up to Chapter 16 of the BOOK of lawCRIMINAL LAW and in Article 14 of the letter K Act No. 12 of 1995 Correctional settings, and furthermorecontained in the Regulation of the Minister of Justice and human rights no. 3 Year 2018 on the terms andprocedures for the implementation of cultural assimilation, on leave visiting family, leave towards the free,Conditional Parole and Furlough.One of the problems occurred regarding the granting of parole is the absence of a clear settings andrestrictions in granting parole against inmates who do the repetition of criminal acts (residivis), which iscontained in the regulations.This research uses the normative or legal research typology also called with aparticular doctrinal legal research discusses the legal basis of despair. In the study authors use researchdeskriktif properties, because the author describes the policy formulation of the law in granting parole toinmates who do the repetition of criminal acts.The results of the research conducted by the author is there is a lack of clarity and restrictions ingranting parole against inmates who do the repetition of criminal acts. The absence of a clear arrangementmakes the inmates such as pleasantness and no deterrent in doing the repetition of criminal acts. so it needs tobe established and regulations clearly and logically as well as ideal in granting parole against inmates whodo the repetition of criminal acts. This is necessary in order to create legal certainty for inmates who aredoing the repetition of criminal acts.Keywords: Policy formulation, Parole, Recidivis.
PENERAPAN PASAL 71D UNDANG-UNDANG NOMOR 35 TAHUN 2014 PERUBAHAN ATAS UNDANG-UNDANG NOMOR 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK TERHADAP KORBAN DI WILAYAH HUKUM KOTA PEKANBARU Anita Rahmayuni; Emilda Firdaus; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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In Law Number 35 of 2014 Amendment to Law Number 23 of 2002 concerning Child Protection which has been regulated in Article 71D paragraph (1) states that every child who becomes a victim as referred to in Article 59 paragraph (2) letter b, letter d, letter f, letter h, letter i, and letter j have the right to submit to the court in the form of the right to restitution which is the responsibility of the perpetrators of crime, but in reality there are still many children who become victims of criminal offenses not getting the right of restitution. Until now there has been no seriousness of law enforcement officials in granting victims' rights regarding restitution so that victims have never been informed of the existence of such restitution rights. The purpose of this Thesis Writing, namely: First, Application of Article 71D of Law Number 35 Year 2014 Amendment to Law - Law Number 23 Year 2002 concerning Child Protection of Victims in the Legal Territory of Pekanbaru City, Secondly, obstacles in the Application of Article 71D of Law Number 35 Year 2014 Amendment to Law Number 23 Year 2002 concerning Child Protection of Victims in the Legal Territory of Pekanbaru City , Third, Ideally in the Application of Article 71D of Law Number 35 of 2014 Amendment to Law Number 23 of 2002 concerning Child Protection of Victims in the Legal Territory of Pekanbaru City.This type of research can be classified into the type of sociological juridical research, because in this study the author immediately conducts research on the place under study in order to provide a complete and clear picture of the problem to be studied, while the population and sample are all parties related to the problems examined this study, data sources used, primary data, secondary data and tertiary data, data collection techniques in this study with interviews, questionnaires and library dataThe results of the study can be concluded. First, the Application of Article 71D of Law Number 35 Year 2014 Amendment to Law Number 23 Year 2002 concerning Child Protection of Victims in the Legal Area of Pekanbaru City is proceeding well due to the lack of seriousness of law enforcement officials, especially the Pekanbaru City Prosecutor's Office in granting victims' rights regarding restitution. Second, Obstacles in the Application of Article 71D of Law Number 35 Year 2014 Amendments to Law Number 23 Year 2002 concerning Child Protection of Victims in the Legal Area of Pekanbaru City are caused by several factors, namely law factors, victim legal awareness and ability factors and the willingness of the defendant. Third, efforts made to overcome obstacles in the implementation of Article 281 of Law Number 22 Year 2009 concerning Road Traffic and Transportation Against Drivers of Underage Children by making improvements to Government Regulation Number 43 of 2017 concerning the Implementation of Restitution for Children Who Become Victims of Action Criminal.Keywords: Application - Child Protection - Victims - Restitution
IMPLEMENTASI PASAL 9 PERATURAN DAERAH KOTA PEKANBARU NOMOR 12 TAHUN 2008 TENTANG KETERTIBAN SOSIAL DALAM PEMBINAAN GELANDANGAN DAN PENGEMIS Aditia Herman; Emilda Firdaus; Mexsasai Indra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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The city of Pekanbaru does not yet have a Social Home as a HomelessRehabilitation Site and Beggars only have a Shelter House. This shelter is atemporary place and is intended as a place of residence for recipients of servicesprepared to obtain further services. At this halfway house only have rehabilitationin the form of mental counseling and religious counseling, without the provisionof skills. Non-governmental organizations (NGOs) that work with the SocialService only handle neglected children. And while entrepreneurs only providesocial assistance. In its implementation, Regional Regulation Number 12 of 2008concerning Social Order has not been implemented optimallyThis type of research can be classified as a sociological jurid, namely aresearch approach that emphasizes the legal aspects relating to the subject matterto be discussed, related to the reality in the field. This research was conducted atthe Pekanbaru City Civil Service Police Unit and the Pekanbaru City SocialService, while the sample population was all parties related to the problem understudy. Data sources used, primary data and secondary data and tertiary data,data collection techniques in this study with questionnaires, interviews andliterature studies.In the results of the problem research there are three main things thatcan be concluded. First, the implementation of Regional Regulation Number 12 of2008 concerning Social Order does not work as it should. Second, the inhibitingfactor in the implementation of these Regional Regulations is the limited budget,limited human resources, lack of facilities and infrastructure and implementationof regional regulations are not working. quality of human resources and completeexisting facilities and infrastructure.key words: Implementation, Rehabilitation, Homelessness and Beggars
GAGASAN MENCEGAH TIMBULNYA CALON TUNGGAL PADA PEMILIHAN KEPALA DAERAH SERENTAK DALAM PERSPEKTIF DEMOKRASI DI INDONESIA Siti Nurrahmah; Emilda Firdaus; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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The issuance of the 100 / PUU-XIII / 2015 Constitutional CourtDecision giving birth to Law Number 10 of 2016 concerning the Establishment ofGovernment Regulations in lieu of Law Number 1 of 2014 concerning Election ofGovernors, Regents and Mayors to Act -Well. In Article 54C paragraph (1,2 and3) it is stated that regional head elections with a single candidate may be carriedout with stipulated provisions. According to the author's assumptions, the articleopens the opportunity for a single candidate to increase. In fact, the constitutionin Article 18 paragraph (4) of the 1945 Constitution has mandated democraticregional elections. Thus, the election of regional heads with a single candidatecan lead to the degradation of democratic values adopted by Indonesia. So, in thisstudy produce two main and very important things that can be concluded. First,the implications of the emergence of a single candidate in the regional headelections simultaneously in the perspective of democracy in Indonesia. Second,the idea of preventing the emergence of a single candidate in regional headelections simultaneously in a democratic perspective.This type of research is normative legal research, because in this study,the authors conducted a literature study, In addition, the author also conductedresearch on the principles and rules of law contained in the law thataccommodate this research. This is done to explain the legal theories relating toregional head elections and carried out with a single candidate, especially in theIndonesian state that adheres to the principle of democracyAuthor's suggestion; First, for legislators to revise the law onsimultaneous regional head elections and related regulations so as not to create asingle candidate, especially reducing the percentage threshold that must be metby political parties. Second, it requires political parties to carry out politicalregeneration for members of political parties in an effort to prepare a generationof qualified leaders. Political parties must carry out political education onsociety, and political socialization so that the public knows who the candidateswill be from the political party.Keywords: Single Candidates, Regional Head Elections, Democracy.
Pelaksanaan Perjanjian Distributor Perusahaan Produsen Emas Di PT. Untung Bersama Sejahtera Surabaya Andrian Fertila; Hayatul Ismi; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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The appointment of a gold distributor is carried out through a distributor agreementcarried out by PT. Untung Bersama Sejahtera which is a limited liability company domiciledin the State of Surabaya Province of Indonesia, which manufactures and holds Patents for agold jewelry product of all sizes, shapes, colors and brands. PT. Untung Bersama Sejahterathen appoints distribution companies as distributors who are also limited liability companiesor individuals domiciled in Indonesia.The formulation of the problem in this study is twofold, namely First, how is theimplementation of the distributor agreement of the gold producer company at PT. fortunatelytogether prosperous Surabaya? Second, how is the legal protection of distributors who makedistributor agreements with gold producer companies at PT. fortunately together prosperoussurabaya?The conclusion of this study is 2, namely, First, Implementation of the distributoragreement of the gold producer company at PT. Untung Bersama Sejahtera Surabaya is thefirst 2 forms, the implementation of a distributor agreement verbally, where the verbalagreement was given directly by PT Untung Bersama Sejahtera Surabaya represented byHRD PT Untung Bersama Sejahtera namely Mr. Chess to the party who wanted to beappointed as gold distributor, at In 2007 there were 4 people who entered into a distributoragreement. Second, the implementation of the distributor agreement in writing / under thehand, where the agreement under the hand is immediately given by the chess pack as HRD ofPT Untun Bersama Sejahtera Surabaya, there are 2 people who make the distributoragreement. Second, legal protection against distributors who make distributor agreementswith gold producer companies at PT. Untung Bersama Sejahtera Surabaya is the first,preventive legal protection, where legal protection is in the form of counseling orsocialization of regulations governing the appointment of distributors. Second, repressivelegal protection, namely legal protection by government or law enforcement, whereproducers should not direct the person appointed to be a distributor to the local trade serviceto register the appointment of a distributor given sanctions, because if not then the personappointed does not get legal protection . Suggestions from this research are First, the goldproducer company in this research should be PT Unutng. Together with Sejahrtera carry outthe distributor agreement in the form of an authentic deed agreement at the notary andregister the distributor appointed to the local trade service. Second, the government shouldbe more detailed in drafting regulations regarding the appointment of distributors inIndonesia.Keywords: Implementation-Agreement of Producer-Distributor Companies.
PERLINDUNGAN HUKUM TERHADAP PEMILIK ATAU PELAKU USAHA WARNET JIKA TERJADI KERUSAKAN JARINGAN DARI PENYEDIA LAYANAN INTERNET YAKNI PT. TELKOM INDONESIA DONI ANDRIAN HSB; Maryati Bachtiar; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Internet cafes (warnet) as a form of business that can facilitate and as a place for people to connectto the internet to access and obtain all information needs, but as technology develops and changes in habitsamong people make warnet not only as a place or place to get information or just access the news, but it hasincreasingly developed into entertainment facilities with various types of entertainment such as games,music, film, fashion and others. Some people make playing / visiting an internet cafe as an inevitableroutine, habit, or activity. Internet cafe is a type of entrepreneur that rents internet services to the generalpublic, the use of internet cafe services usually starts from students, professionals, and foreign tourists.This study uses an empirical juridical approach that is an approach by looking in terms of therealities that occur in the field. While the population and sample are parties related to the problemsexamined in this study, the data sources used, primary data, secondary data, and tertiary data. Thetechnique of collecting data in this study was through interviews and literature review.From the results of the research that the authors did, it can be concluded, first legal protection forconsumers in the event of network damage that causes financial losses for some internet cafe owners is stillnot implemented, because the accountability given by Telkom only fixes the damaged equipment which is nota compensation or interpretation from compensation, based on the Consumer Protection Act and in severalArticles contained in Telkom's terms and conditions of service, also includes Articles stating providingcompensation and compensation for Service Level Guarantee that is not fulfilled or if there are differencesin the amount of the bill. The second effort made by PT. Telkom Indonesia to guarantee the rights of itsconsumers if network damage has not been carried out properly, as evidenced by the lack of fulfillment ofthe responsibilities or obligations of Telkom regarding the guarantee of its main services and appreciationto consumers when its main services suffer disruptions such as providing compensation or compensation.Keywords: Legal Protection - Internet Cafe Entrepreneurs - Network Damage.
PENGATURAN PIDANA DENDA DALAM PENCAPAIAN KEADILAN BAGI ANAK YANG MENJADI KORBAN TINDAK PIDANA PENCABULAN Indah Permata Sukma; Erdianto Effendi; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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One criminal sanctions in felony obscenity against children is a criminal sanction fines. criminal fines imposed and then pulled by the Prosecutor General and submitted to the state. In this case the fine is not good for the victim because the victim did not get anything out of that has been levied by the state. In this case the penalty is only useful for the country but not beneficial to the offender and the victim. Based on the Law of the Republic of Indonesia Number 31 of 2014 on the Amendment of Act No. 13 of 2006 on the Protection of Witnesses and Victims in section 7A and 7B stated that crime victims can get restitution and compensation,This type of research will author is a normative legal research (legal research) or also called the research literature, the research done with normative juridical approach under study is library materials or secondary data, which consists of primary legal materials, secondary law, and tertiary legal materials. The type of research that I use is the study of the principles of law.The results of research by the author is the first, setting the penalty contained in Law No. 35 of 2014 concerning amendments to the Law No. 23 of 2002 on the protection of children. Secondly, i Ideally the setting criminal penalties for children who are victims of felony obscenity would be better that they directly or good for the child victims to remember children who are the future generation the ideals of the nation that destroyed his future by perpetrators of abuse.Keywords: child abuse, criminal fines, Justice
PEMENUHAN HAK KONSUMEN ATAS UANG SISA TRANSAKSI BAHAN BAKAR MINYAK OLEH PELAKU USAHASTASIUN PENGISIAN BAHAN BAKAR UMUM DI KECAMATAN MARPOYAN DAMAI KOTA PEKANBARU Dicky Ramandha Putra; Maryati Bachtiar; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Article 7A UUPK stipulates that business actors are obliged to have good faith in conducting theirbusiness activities, including in fulfilling consumer rights to the remaining money on fuel oil transactions atgas stations. In Pekanbaru City there are 47 Pertamina gas stations that operating every day and for theMarpoyan Damai sub-district there are 5 gas stations and there are 3 gas stations that the authors chooseto be research locations, but in reality the gas stations do not fulfill consumer rights for the remainingpayment transactions, so that the remaining money consumer payment transactions that are not fullyreturned are detrimental to the consumer. The purpose of writing this research, namely; First, to find outconsumers feel disadvantaged by the price rounding action on the remaining money from fuel oiltransactions by the public refueling station business. The second is to knowing the mechanism for fulfillingconsumer rights to the remaining fuel oil transactions by business actors Public refueling stations. The thirdis to knowing the efforts to fulfill consumer rights to the remaining money for fuel oil transactions by publicrefueling station operatorsThe type of this research can be classified in sociological research. This research uses libraryresearch and field research to obtain data. This research was conducted at Pertamina Gas Station inPekanbaru City. While the population and samples are the overall parties related to the problems examinedin this study. The data sources used primary data and secondary data, data collection techniques in thisstudy by observation, interviews, questionnaires and literature studies.Based on the results of the problem research, there are three points that can be concluded. Firstconsumers feel disadvantaged by rounding out the remaining money in the fuel transaction at the gasstation. Secondly, the mechanism for fulfilling consumer rights for the remaining money from oil fueltransactions is regulated legally by gas stations. Third, efforts that can be made to overcome the obstaclesto the fulfillment of consumer rights for the remaining money from fuel oil transactions at gas stations,namely by increasing the knowledge of consumers and business actors on their rights and obligations.Author's suggestion are first, consumers must be smarter in conducting buying and selling transactions andbroadening their knowledge horizons as consumers and business actors must carry out their business inaccordance with the provisions regulated by law. Secondly, for the Gas Station owners is to make a legalrule regarding the mechanism of fuel oil transaction transactions. The third is more active in disseminatingconsumer protection, especially in the rights and obligations of consumers and business actors.Keywords: Protection - Consumers - Transactions - Gas stations
Perlindungan Hukum Terhadap Pekerja Anak Yang Berkerja Pada Grup Calempong di Kecamatan Kampa Kabupaten Kampar Ditinjau Dari Undang-undang Nomor 13 Tahun 2003 Wilis, Erna; Bachtiar, Maryati; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Legal protection for child laborers working in the calempong group in the sub-district of Kampadistrict needs to be implemented, because there are still many employers who consider that workers areworkers who can be as they please. The consequences are that many workers as human beings and asviolated children, workers in child labor must be personal and must comply with applicable rules.The problems that were carried out were the first thing that was done at the Calempong Group inKampa Subdistrict with Law Number 13 of 2003 concerning Manpower and Second Efforts made to providelegal protection for child labor. The research method used is research, the other is legal research which isalso called research and this research is descriptive. Data in the data, the type of data used in this study areprimary and secondary data, namely directly through respondents (field), Law No. 13 of 2003 concerningEmployment, Civil Code, Kampar Regional Regulation No. 10 of 2016 , legal journals and books thatdiscuss research. Analysis of this data is done qualitatively and deductively drawn conclusions.Based on the results of the research conducted by the author, it was found that there were rights ofchild workers violated by Calempong businessmen, and child laborers were not directly disadvantaged, atthis time needed protection for children working in the calempong group in the sub-district kampa kampardistrictKeywords: Child labor - Legal protection - Child labor rights.

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