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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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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
IMPLEMENTASI PENJUALAN OBAT HARGA ECERAN TERTINGGI (HET) DALAM RANGKA PERLINDUNGAN KONSUMEN OLEH PELAKU USAHA APOTEK DI KOTA PEKANBARU Topan, Wisnu; Bachtiar, Maryati; Fitriani, Riska
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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Abstract

The pharmacy is a place to do pharmaceutical work and distribution of health supplies as well as one place for consumers to buy drugs, pharmacies are places that provide or sell drug needs for consumers to meet the needs of drug users. Business people or pharmacies are places where people sell drugs. Along with the development of the age, it is known that the term drug is a material or alloy of materials, including biological products that are used to influence or investigate the physiological system or pathological conditions in the framework of determining diagnosis, prevention, healing, recovery, improvement in health and contraception, for humans.The problem that the authors base on this research is how the implementation of drug sales on HET in the city of Pekanbaru and what efforts can be made by consumers towards the sale of drugs on HET in the Pekanbaru City area, while the purpose of this study is to find out whether the price of drugs has been in accordance with the Decree of the Minister of Health in the area of Pekanbaru City and to find out what efforts can be made by consumers on the sale of drugs on HET at pharmacies in the city of Pekanbaru.This type of research is classified into empirical or sociological research, because in this study the author directly conducts research on the location or place under study in order to provide a complete and clear picture of the problem under study. This research was conducted at a pharmacy in the city of Pekanbaru and Pekanbaru City Health Office and BPOM Pekanbaru City, the data sources used were: primary data and secondary data, data collection techniques in this study by observation, interviews and literature review.The results of this study are that the drug price determination by the government is based on allegations of cartel indications in drug sales, so the Business Acting Competition Commission (KPPU) urged the government to set the highest retail price on drugs, and KEPMENKES No. 2006 was issued. 069 / Menkes / SK / II / 2006 concerning the Inclusion of the Highest Retail Price (HET) in number 3 "That the public needs to get information about the Highest Retail Price (HET) from the drugs they consume in learning and consumer protection efforts," which have now been updated with KEPMENKES RI Number 98 of 2015, in fact there are still many business people who sell drugs on HET, this violates the provisions of Law Number 8 of 1999 concerning Consumer Protection, which are written in Article 60 to Article 63 can be in the form of administrative sanctions and sanctions principal crimes, as well as additional forms of seizure of certain goods, announcement of judges' decisions, compensation payments, orders to terminate certain activities that cause consumer losses, obligations to withdraw goods from circulation, or revocation of business licenses.Keywords: Pharmacy, Business Actor, HET Drug.
Tinjauan Yuridis Pelanggaran Hak Imigran Anak Dalam Kebijakan Zero Tolerance Amerika Serikat Dalam Perspektif HakAsasi Manusia Internasional Yogi Alda Hijra; Evi Deliana; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Recent US policies have shown a shift in thinking from the concept of Universal Human Rightstowards the concept of human rights of citizens. By applying different standards to citizens and non-citizens.The President of the United States (Donald Trump) took action in the form of an entry ban for immigrantsfrom six countries to protect the United States from militant attacks. Donald Trump's policy is known as thezero tolerance policy. The zero tolerance policy adopted by Donald Trump in May resulted in all bordercrossers without official documents being criminally charged and imprisoned. Whereas their children(immigrants) are placed separately by their parents. They were taken to a place managed by the Ministry ofHealth and humanitarian services. They should not be treated with actions that conflict with the rules thatprotect the rights of the child.This study uses a normative legal research typology, which more specifically discusses the principlesof law. In this study the author uses the nature of descriptive research, because the author describes thereality investigated by researchers regarding children's rights violated by the United States through a zerotolerance policy. The results of the research conducted by the author are, the first zero tolerance policy is thecause of violations of the rights of child immigrants in the United States because of American presidentDonald Trump with children's rights that cannot be separated from his parents. Second, the internationalhuman rights perspective in resolving the problem of violations of child immigrant rights in the zerotolerance policy of the United States, namely that children have rights to be recognized in international law.Basically, human rights and children's rights must be respected and implemented.Keywords: Violations - Child Immigrant Rights - Zero Tolerance - International Human Rights
Gagasan Penataan Mekanisme Impeachment Presiden dan/atau Wakil Presiden dalam Ketatanegaraan Indonesia Rahmah Nur Hasanah; Emilda Firdaus; Mexsasai Indra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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In a country, the role of a head of state in this case called the Executive is very important. That thereis power given to him. Executive power is the power that holds the highest administrative authority of thestate. The President's power seems very broad and is not explained in detail in the constitution. However, itdoes not mean unlimited presidential power. To compensate for the President's power, supervision is neededwhich leads to the process of Impeachment. One of the dynamics of constitutionality that clearly shows theclose relationship between legal processes and political processes is the process of dismissing the Presidentand / or Vice President as head of state. The process of dismissal of the President / or Vice-President isknown in the practice of constitution in various countries, in terms of this constitutional process referred toas Impeachment. The 1945 Constitution has undergone 4 (four) changes, one of the changes determinedthrough the fourth amendment to the 1945 Constitution is the direct election of the President and hisdismissal through a judicial process that is in addition to the DPR and MPR also involving theConstitutional Court in it.The research used is normative legal research, normative legal research is library legal researchconducted by examining library materials or secondary data. This study uses a research methodology forlegal principles. This research starts from certain fields of legal (written) governance, by first identifying thelegal rules that have been formulated in certain laws.From the results of the research that the authors did, it can be concluded that first, the process ofImpeachment of the President and / or Deputy President in Indonesia was initially regulated before theamendment to the 1945 Constitution. proposal by the DPR. Third, the MPR was made as a breakerinstitution due to the mandate of the 1945 Constitution and Representatives of the people in terms ofdeciding the Impeachment case against the President and / or Vice President in Indonesia.Keywords: Impeachment - President and / or Vice President – Constitution - Mechanism
PENGELOLAAN TANAH ADAT PADA MASYARAKAT ADAT BATAK TOBA DI KELURAHAN BARISAN PANCUR NAULI KOTA PEMATANG SIANTAR Hendra Pranata; Hayatul Ismi; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Legal actions involving customary land that often occur are the pawn of customary land, Bataktoba indigenous people are more familiar with the term pawn. In this pate, traditional customary land canbe transferred to the owner even though the new owner is not from the inheritance line or a member of atraditional association (huta). The problem that often also occurs is when a family has ownership rightsover a customary land but the family does not have a lineage to inherit the customary land. If this happensto which party will receive from the ownership rights of the customary land. Of course this would be adebate among various parties in the village if the previous customary landowners did not give a will on therights of the customary land. Based on the background described above, the authors were interested inconducting research relating to the management of customary land to indigenous peoples. The title of theauthor was: "Management of Customary Land in the Toba Batak Indigenous Peoples in the Village ofBarisan Pancur Nauli, Pematang Siantar City."Based on the description of the background of the problem, the authors formulated the problem asfollows: first, namely, what is the background of customary land management of the Toba Batak indigenouspeople in the Village of Barisan Pancur Nauli, Pematang Siantar City? Second, what efforts should be madeby indigenous peoples in managing customary lands that are in accordance with customary landmanagement in the Toba Batak indigenous people in the Barisan Pancur Nauli Sub-District, PematangSiantar City?The conclusion of the study by the author that the Background of Customary Land Management inthe Toba Batak Indigenous Peoples in Barisan Pancur Nauli Subdistrict, Pematang Siantar City, was foundto be dominated by four clans namely Tampubolon, Simangungsong, Napitupulu, and Sianipar, landmanagement by selling land, pawning land and leasing land soil. Efforts made by the Toba Batakindigenous people still adhere to the Dalihan no tofu principle, which is one of peaceful dispute resolutionwithout involving things that harm many people. Suggestions from the authors are that efforts to buy andsell customary land so the government can participate in avoiding unwanted conflicts , then preventing thesale and purchase of land to outsiders so that the customary land is maintained and always exists.Keywords: Toba Batak Land Management
Pelaksanaan Tanggung Jawab Sosial Perusahaan Sarulla Operation Ltd Dalam Menangani Keluhan Masyarakat Atas Aktivitas Perusahaan Terhadap Masyarakat Di Kecamatan Pahae Julu Kabupaten Tapanuli Utara Mercy Yuliana Sitompul; Hayatul Ismi; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Abstract

This study discusses the implementation of Sarulla Operation Ltd's corporate social responsibilityin handling community complaints about the company's activities towards the community in Pahae JuluDistrict, North Tapanuli Regency. Corporate Social Responsibility (CSR) is a continuing commitment fromthe business world to act ethically and contribute to the economic development of the local community orthe local community. Based on Article 74 paragraph (1) of the Limited Liability Company Law, henceforthreferred to as the Company Law, each company is obliged to budget and run CSR programs for theenvironment and society. The community wants the existence of companies to contribute to the welfare ofsociety. The purpose of writing this thesis, namely; First, to find out how the implementation of SarullaOperation Ltd's corporate social responsibility towards the community in Pahae Julu Subdistrict, NorthTapanuli Regency, Secondly, to find out how the complaint handling mechanism was carried out by SarullaOperations Ltd to the community on the impact of company activities in Pahae Julu District, TapanuliRegency North.The type of legal research used by the author is a type of sociological legal research. Thisresearch was conducted at Sarulla Operation Ltd. Company Sociological legal research uses primary dataand secondary data, while the population and samples are parties related to the problems studied, namelythe company and the community. The technique of collecting data in this study was library research,interviews and questionnaires.From the results of this study the authors conclude that CSR carried out by the company has beenimplemented well but there are still a number of programs that have not been implemented optimally,programs implemented by the company consist of education, health, agriculture or livelihood development,infrastructure improvement, culture, art and religion. The complaints handling mechanism carried out bythe company is tracking complaints and handling mechanisms, receipts of complaints, joint surveys andinvestigations, categorization and handling of complaints, resolutions, informing complainants aboutresolution, execution, feedback complaints, closing complaints, sources and responsibilities.Keywords: Corporate Social Responsibility – Corporate - Society
Gagasan Kebijakan Hukum Pidana Perluasan Makna Zina Pada Pasal 284 Kitab Undang-Undang Hukum Pidana Dikaitkan dengan Putusan Mahkamah Konstitusi Nomor: 46/PUU-XIV/2016 Sakti, Usman Bima; Indra, Mexsasai; Erdiansyah, Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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The Criminal Code Draft Team made efforts to renew the adultery offense, which is about theadulterers who originally were married men and married women as regulated in positive law in the 2017Criminal Code Draft Article 484 includes men and women who are not bound by each legal marriage withother people. In addition to causing pro-contra, this is exacerbated by the protracted discussion of theCriminal Procedure Code that there are no signs that will be ratified since 1963 until an idea emerges toexpand the meaning of zina through the Constitutional Court but it is rejected by the Constitutional Court.The impact of this adultery can damage the moral and religious values that exist in Indonesian society basedon the supreme divinity, so that gradually this action seems to be a legalized act because of the lack of rulesLaw in Indonesian positive law is a threat to national identity.This type of research used in legal research is a normative juridical method, this research isdescriptive, that is a study that aims to describe the problem clearly and in detail. The source of the dataused secondary data and tertiary legal materials. Data collection techniques in this study with the literaturereview method after the data collected is then analyzed to draw conclusions.From the results of the research and discussion, it can be concluded that, First, the reasons derivedfrom the foundation of moral values / national agreements which state that zina violates the values ofmorality (national agreement) that exist in Pancasila which contain values based on national life for theOne Godhead (religious moral values). Second, the regulation of adultery in the Criminal Procedure Codetends to be overcriminalized and does not pay attention to the impacts that can occur. Third; In order toavoid the implications of legal chaos, the regulation regarding zina should not over criminalize or exposethe principle of ultimum remedium and to overcome the protracted drafting of the RKUHP, the progressivelegal breakthrough is needed by the Constitutional Court to expand the meaning of zina in Article 284 of theCriminal Code In the Constitutional Court Decision Number: 46 / PUU-XIV / 2016 the majority of judgesstill use the legal positivist thinking pattern, which results in the rejection of the material test suit. the strongflow of public opinion that wants the Constitutional Court to be a way out of the deadlock that occursbecause the thing being tested is contrary to moral values.Keywords: Criminal Law Policy - Adultery - Judge's Decision
KEBIJAKAN PERLINDUNGAN HUKUM TERHADAP GURUDARI UPAYA KRIMINALISASI GURUDALAM DUNIA PENDIDIKAN Putra, Dharma Yuda; Artina, Dessy; Rahmadan, Davit
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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In the sense that education is often interpreted as a human effort to foster his personality inaccordance with the valuesin societyand culture. The educational process carried out and carried out by anation, in an effort to foster and develop national character or personality, advance the life of the nation invarious fields of life, and achieve the national goals concerned is what is called the national educationsystem which usually grows and develops from the history of the nation concerned, which is influenced byvarious factors and resources as well as the potential that exists in the nation besides the external factors, ofcourse, but the problem that currently often occurs and becomes an unresolved problem is thecriminalization of teachers. Where the teacher must deal with the law if giving sanctions to students whomake mistakes. Even though the sanction given by the teacher has been regulated in GovernmentRegulation Number 74 of 2008 concerning Teachers. This regulation was followed up by Law No. 14 of2005 concerning Teachers and Lecturers. Based on this understanding, the writer of this thesis formulatestwo formulations of the problem, namely: first, what is the legal protection policy for teachers from theattempt to criminalize teachers in the world of education. Second, how is the ideal concept to overcome thecriminalization of teachers in carrying out the educational process.This type of research can be classified in normative juridical research, because this research isconducted by examining secondary data and approaches to law, this normative study examines the legalprinciples of reasons that can eliminate criminal. The data sources used are, primary data, secondary data,tertiary data, data collection techniques in this study are normative juridical, the data used is libraryresearch.In the results of the problem research there are two main things that can be concluded. First, thelegal protection policy for teachers has been regulated in the Law, but the course of the rule of law is stillproblematic with the cases that the authors explain. The second needs a review of the Child Protection ActArticle 35 of 2014, which states that children get protection from acts of violence in the world of education.Where protection from acts of violence that can get protection, because if left unchecked it will have anegative impact on both the teacher in educating and students as students.Keywords: Criminalization, Reasons for the Elimination of Criminal Procedure, Legal Policy, LegalProtection
IMPLEMENTASI PERLINDUNGAN HUKUM TERHADAP KONSUMEN PEMERIKASAAN MATA PADA OPTIKAL YANG TIDAK MEMILIKI TENAGA REFRAKSIONIS OPTISIEN DI KOTA PEKANBARU Erwin Ramadan; Maryati Bachtiar; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Humans as living things have various needs. Today, human needs are increasingly varied andthings that were not too important have become very important. Examples can be seen in everyday life,namely handheld smartphones, laptops and televisions. Almost all aspects use the item. The increasing needfor these items can have a negative effect on eye health. Besides the bad habits of watching television toolong, staring at a laptop screen or taking too long a smartphone which is an electronic digital device canpotentially cause interference with vision (refraction abnormalities).This study is a sociological juridical legal research, what is meant by sociological juridicalresearch is an approach by looking in terms of legislation and the reality that occurs in the field, inaccordance with the formulation of the problems expressed by the author. . While the population and sampleare parties related to the problems examined in this study, the data sources used, primary data, secondarydata, and tertiary data. The technique of collecting data in this study was through interviews and literaturereview.From the results of the research that the authors did, it can be concluded, first the implementationof legal protection against consumers eye examination on Optics who do not have Optional Refractionists inPekanbaru, namely: still not optimally implemented, there are still many optics that perform eyeexamination without Optional Refraction, the second is the Optical Responsibility of consumers of eyeexaminations at Optics who do not have Optional Refraction in the City of Pekanbaru, namely: there arestill many Optics that have not provided maximum accountability.Keywords : Implementation - Legal Protection - Eye Examination - Optional Refraction Power.
Analisa Pelaksanaan Pemberian Bantuan Hukum dalam Perkara Perceraian di Pengadilan Negeri Pekanbaru Batu, Debora Angela Lumban; Ismi, Hayatul; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Legal assistance is the constitutional right of every citizen to guarantee legal protection andguarantee equality before the law regulated in the law, especially for the underprivileged. But in reality,the implementation of the provision of legal assistance in divorce cases for the underprivileged in thePekanbaru District Court has not been effective in accordance with what is regulated by the law. Thepurpose of this study was to determine the stages of providing legal aid in divorce cases in the PekanbaruDistrict Court, to find out the obstacles in the implementation of providing legal assistance in divorcecases in the Pekanbaru District Court and to find out the efforts made in overcoming obstacles in theimplementation of legal assistance in cases divorce at Pekanbaru District Court.This type of research can be classified as sociological, because in this study the author directlyconducts research on the location or place studied in order to provide a complete and clear picture of theproblem under study. This research was conducted at the Pekanbaru District Court Legal Aid Post, whilethe population and sample were all parties related to the problem under study in this study, data sourcesused primary data, secondary data, and tertiary data, data collection techniques in this study interviewand literature study.From the results of the study can be concluded three things. First, the stages of theimplementation of providing legal assistance in divorce cases at the Pekanbaru District Court are thesame as other civil cases. Second, in the implementation of providing legal assistance in cases of divorce,there are a number of obstacles. Third, there is an effort to overcome obstacles to the implementation ofproviding legal assistance in divorce cases in the Pekanbaru District Court. Suggestion, first the legalaid service provider further enhances the socialization of the stages of providing assistance to theunderprivileged through counseling. Second, the government should pay more attention to the budgetallocation for legal aid services in the Pekanbaru District Court.
PERLINDUNGAN HUKUM TERHADAP DRIVER GO-JEK TERKAIT ORDERAN FIKTIF OLEH KONSUMEN GO-JEK DI PEKANBARU Muhammad Farqi; Firdaus Firdaus; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Indonesia’s company introduce the using of motorcycle transportationthrough the app called GO-JEK. GO-JEK is useful app for transportating.Besides, there are misuse of using this app for making a fake booking or so-calledOrderan Fiktif. It makes damnification for the driver of GO-JEK, in case ofmaterial or non-material. This gong to be a big problem for the driver. Thisresearch aims for explain: 1) caused of consumen making the fake booking order,2) the legal protection for the driver because of the case.This research used sociological approach and descriptive method bydescripting how this case occur and find the legal protection. This research took aplace in Pekanbaru city, especially in GO-JEK’s office, and some of sub-disctrictswhose having a driver’s basecamp. The sources use are primary soruce,secondary source, and tertiary source, and the method to collecting the sourcesare interview and library research.By seeing the result of this research, there are two conclusions. 1)economic element caused the case is occur, and by that we already know not onlyconsumen did the fake booking order, also the driver itself. 2) all these violationscause of based on our legal are default, the action againts law, unfair businesscometition, and deception. All the driver could do is calling the customer serviceof GO-JEK or claim to operational office. And for the GO-JEK’s side is recoverdriver’s account and giving a compentation. Researcher suggest, 1) all the driversof GO-JEK should do their business competition as good and not cheat on it, andfor all the consumens should using GO-JEK app wisely. 2) GO-JEK companyshould be doing prevention for minimalizing the fake booking order occur.Keywords : Legal Protection , Driver, Fake Booking Order.

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