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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 130 Documents
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Search results for , issue "Vol 8, No 2 (2021): Juli- Desember 2021" : 130 Documents clear
KEDUDUKAN DAN KEKUATAN HUKUM SURAT KEPUTUSAN BERSAMA MENTERI PENDIDIKAN DAN KEBUDAYAAN, MENTERI DALAM NEGERI DAN MENTERI AGAMA (SKB TIGA MENTERI) TENTANG PENGGUNAAN PAKAIAN SERAGAM DAN ATRIBUT DITINJAU DARI UU NOMOR 12 TAHUN 2011 Fitri Angelia H Sinambela; Dessy Artina; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The formation of laws and regulations is a form of government effort in setting orders or prohibitions that aim to regulate and protect their citizens. The laws and regulations that are created will be divided into levels or hierarchies. In the hierarchy of legislation, the presence of a new regulation must be relevant to the existing regulations. This is expected to reduce the arbitrariness of the regulations, so that there are no violations of the law. The laws and regulations that are made have the basis of formation which is regulated by the constitution. It becomes a problem if the process of forming laws and regulations does not go through procedures that result in uncertainty about the position and legal force of the laws and regulations. One of the products of legislation whose position is questioned is the Joint Decree. In the application of the law, the Joint Decree contains substance which contains matters related to law enforcement and application. This Joint Decree is categorized as a policy issued by two or more Ministers, which aims to solve urgent problems in Indonesian society. A Joint Decree in this case is issued by the Minister of Education and Culture, the Minister of Religion and the Minister of Home Affairs regarding the use of uniforms and attributes. Joint Decree which aims to protect the freedom of citizens to choose and practice their religion without the obligation to use uniforms and attributes with certain religious nuances. However, the position and legal force of the Joint Decree are not yet clear, making this statutory regulation unable to be applied optimally. So the authors set several objectives of this research.The aims of this research are: First, to know and understand the position of the Joint Decree regarding the use of uniforms and attributes. Second, to understand the legal force of the Joint Decree after the issuance of the Supreme Court decision. And third, to find out the construction of the concept of proper legal regulation on the use of clothes and attributes. The type of research carried out is normative legal research or library law research using research methods on legal principles.From the results of the study, three main things can be concluded. First, the Joint Decree is a policy, not a regulation. Second, the Joint Decree cannot be tested at the Supreme Court, and Third, it is necessary to establish new laws and regulations, in order to continue to carry out the role of the state as a tool to protect its citizens.Keywords: Position – Joint Decree – Protection of Rights
PENEGAKAN HUKUM TERHADAP PELANGGARAN PENGGUNAAN LAMPU ROTATOR BAGI KENDARAAN PRIBADI MENURUT UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN DI KOTA PEKANBARU Refomeilia maras; Evi Deliana; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Everyone person in Indonesia who uses a motorized vehicle, one of which is a private vehicle to facilitate their activities and facilitate movement from one place to another. In its development, the automotive industry in the world is increasingly sophisticated and equipped with additional features to modify vehicles such as adding rotator lights to private vehicles. Meanwhile, the use of rotator lights is only for certain vehicles as referred to in Article 59 paragraph (5) of Law Number 22 of 2009 concerning Road Traffic and Transportation. The purpose of writing this thesis: First, to find out how to enforce the law against violations of the use of rotator lights for private vehicles in Pekanbaru City. Second, to find out how the sanctions are given for violations of the use of rotator lights for private vehicles in Pekanbaru City.The type of research used in this legal research is sociological legal research, sociological legal research can be in the form of research that wants to see the relationship between law and society. This research was conducted at the Pekanbaru Police. The data used in this study is primary data, namely data obtained directly through respondents by conducting research in the field and secondary data. Data collection techniques using observation, interviews and questionnaires. Analysis of the data used, the authors obtained qualitative data. In drawing conclusions, the author uses the method of deductive thinking, which is a way of thinking that draws conclusions from a general statement or proposition into a specific statement.From the results of the study, it was found that law enforcement against violations of the use of rotator lights for private vehicles in Pekanbaru City by the Pekanbaru City Police, especially the Pekanbaru City Police Traffic Unit had made maximum efforts by making various efforts starting from pre-ordering, preventive, and repressive efforts, although in the end these violations still occur frequently. Keywords: Law Enforcement - LightsRotator
POLITIK HUKUM PEMBENTUKAN SATUAN TUGAS PENANGANAN COVID-19 DALAM SISTEM KETATANEGARAAN INDONESIA Muhammad Rizal Veto; Emilda Firdaus; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Currently, the world and Indonesia are also experiencing the same problem, namely experiencing a pandemic by the corona virus (Covid-19), in Indonesia itself in facing and breaking the chain of spread of the corona virus pandemic, one of them is the formation of a task force by the president. . The next thing is related to the position of BNPB in handling Covid 19. Based on Presidential Decree Number 7 of 2020 as amended by Presidential Decree Number 9 of 2020 concerning the Task Force for the Acceleration of Handling Corona Virus Disease 2019 (COVID-19), the President has formed an Acceleration Task Force.This type of research can be classified in the type of Normative legal research, which reveals legislation relating to legal theories that are the object of research. The approach taken uses a qualitative analysis approach by looking for data both in books, journals and other scientific works related to this research. The data sources used are primary and secondary legal materials.The conclusions that can be obtained from the research results are First, the Legal Politics of the Establishment of a Task Force for Handling Covid-19 in the Indonesian State Administration System. First, the aspect of service quality, in this case the accuracy of the information provided. Any information also needs to be disseminated through various media owned by the Covid-19 Task Force and the team in charge of the field. Second, in the aspect of responsiveness, tidier data collection related to the need for medical devices can be done by utilizing an integrated online application. Second, the Ideal Concept of the Covid-19 Handling Task Force Structure in the Indonesian State Administration System regarding the basis of authority and duties between BNPB and the Task Force which is not ideal because it raises questions in the community about the honorarium system to the structure whether all BNPB members become the Task Force or are there additions to the contents of the Task Force. Keywords: Task Force, Corona Virus Disease, Political Law, Indonesian State Administration.
POLITIK HUKUM PEMBENTUKAN RANCANGAN UNDANG-UNDANG PENGHAPUSAN KEKERASAN SEKSUAL DI INDONESIA Aryon Andria Adiyatma; Emilda Firdaus; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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The Republic of Indonesia is a state of law. Where the rights of citizens are protected by the state. Sexual violence is a disease that is deeply rooted in the lives of Indonesian people. From year to year cases of sexual violence have increased. Regarding the existing regulations, it has not provided legal certainty for victims of sexual violence. The PKS Bill is a proposal to provide legal certainty for victims of sexual violence. The purpose of writing this thesis, namely: First, to find out the legal politics of the formation of the law on the elimination of sexual violence in Indonesia. Second, to find out the urgency of forming a draft law on the elimination of sexual violence in Indonesia.This type of research is normative research, where this research uses a research methodology on the legal principles that exist in the formation of legislation. The data sources used are secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials, the data collection technique in this study is the literature review method, after the data is collected then analyzed to draw conclusions.From the results of the research, it is concluded that, First, through a political perspective, law is seen as a product of politics. Sexual crimes are serious crimes in the handling of victims' rights tend not to be fulfilled, therefore in the formation of the Draft Law on PKS must pay attention to the rights of victims, including; right of treatment, protection and remedy. Second, the state must provide protection and security guarantees to the community as a constitutional right recognized by the state. Regulations related to sexual violence have not provided a clear legal umbrella so that a legal product is needed to provide legal certainty to the community.Keywords: Legal Politics - Sexual Violence - PKS Bill
PERLINDUNGAN HUKUM ATAS PENGGUNAAN HASIL FOTO DARI FOTOGRAFER SEBAGAI MEDIA PROMOSI DI MEDIA SOSIAL INSTAGRAM Syaiful Waliyadin; Zulfikar Jayakusuma; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Copyright is part of a set of rights which is called Intellectual Property Rights. Intellectual Property Rights is covering an area of law that concerns the rights of jurisdiction over the works or creations if the results of human thought interlocked with interests are economic and moral. This study aims to determine the legal protection of the use of the results of the photo of a photographer where the results of the photos from photographers such as social media, namely Instagram, based on Law Number 28 of 2014 On Copyright and also remedies that can be done by photographers as the victim for the use of the photos as a media promotion social media Instagram.This type of research is classified into legal research methods sociological because the purpose of this study was to see the level of synchronization of the law based on copyright law Number 28 of 2014 on Copyright, as well as the laws and regulations related to the reality of life in the community. The source of the data used is primary data, secondary data, and tertiary data by performing data collection techniques interviews, literature review, and data analysis.The results of this study two main things can be concluded First, the Implementation of the protection of the rights of the copyright photos in Pelalawan not run as outlined in the copyright law. It can be known from the persistence of violations related to copyright, violation of this even be done by the government, where they should participate in implementing the protection of copyright, what's copyright a work that comes from their area. Second, Efforts can be taken by the copyright holders of the photo against the violation of use of the photos is to use two ways, namely in litigation or through the Commercial Court and non-litigation such as mediation, conciliation, negotiation, and conciliation.Keywords: Legal Protection – Copyright– Social Media
KONSEP DIVERSI DALAM PERSPEKTIF APARAT PENEGAK HUKUM DI KABUPATEN PELALAWAN Yuni Angraini; Dessy Artina; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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In Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, Diversion is an important part in the implementation of Juvenile Criminal Justice. Diversion is an action or treatment to divert a case from a formal process to an informal process, or to place the perpetrators of child crimes out of the juvenile justice system. This means that not all cases of juvenile delinquents must be resolved through formal courts, and provide an alternative for settlement with a justice approach in the best interests of the child and by considering justice for the victim.However, in Pelalawan Regency there are still many cases of crimes committed by children which end in criminal decisions at the Pelalawan District Court. The purpose of writing this thesis, namely: First, to determine the perception of law enforcement officers in Pelalawan Regency related to the concept of diversion. Second, to find out the obstacles to the implementation of diversion by law enforcement officers in Pelalawan Regency.This type of research can be classified in the type of sociological juridical research, because in this study the author directly conducts research in 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 problem studied in this study, data sources used, primary data, secondary data and tertiary data, data collection techniques in this study with interviews and library data.From the results of this study it was concluded, first, the perception of law enforcement officers in the implementation of diversion is very important in fighting for the rights of child offenders and carrying out in accordance with applicable regulations, the role of law enforcement officers in carrying out diversion which is the transfer of settlement of child cases from the criminal justice process to The process outside the criminal court according to the researcher is not carried out properly because there are still many law enforcement officers, especially child investigators who understand the Juvenile Criminal Justice System. As well as the lack of certification by law enforcement officers in handling cases of children in conflict with the law. This can be seen from the number of child cases that end in criminal decisions in court. Second, the obstacles in implementing Diversion in Pelalawan Regency, namely at the stage of investigation, prosecution, courts that come from the victims themselves who do not want to make peace with child perpetrators, and the lack of certification and efforts of investigators in facilitating diversion.Keywords: Diversion – Perspective - Law Enforcement Apparatus
PERAN LEMBAGA ADAT KAMPUNG DALAM PEMBERDAYAAN PEREMPUAN DI KABUPATEN SIAK BERDASARKAN PERATURAN DAERAH NOMOR 2 TAHUN 2015 TENTANG PENETAPAN KAMPUNG ADAT KABUPATEN SIAK Fauziah Nelfi Oktaveni; Emilda Firdaus; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Indonesia consists of various tribes and cultures that develop as well as diverse customs and are passed down from generation to generation. At the beginning of the formation of this LAM, it was under the auspices of the Education Office and the structure regarding the field of women's empowerment already existed, such activities as merisik, sending rings, delivering shopping, ma'andam accompanied by fresh flour, there was a weaving briefing. However, since 2015 until now, LAM has not had any activities due to the lack of funds.This research is juridical empirical/sociological research, research conducted by linking law to efforts to achieve goals and fulfill concrete needs in society. The approach taken includes a survey approach, which is to go directly to the research location. The type of data used is descriptive data, namely what the respondents stated in writing or verbally and real behavior. The theory used in this research is the theory of legal politics and the theory of state institutions.From the results of this study there are three main things that can be concluded where the role of traditional institutions in increasing women's empowerment for the development and preservation of culture, where the role of women is very influential. One of the duties of traditional institutions is to develop local cultural values in order to enrich, preserve and develop national culture. The main obstacle for Traditional Institutions is in the unclear funding source and resulting in activities not running as usual, this affects the empowerment of women in the Siak Regency area. The efforts of the Kampung Adat Institution in empowering women are the government's attention to institutions and the Regional Regulations governing the Riau Malay Customary Institutions in Siak Regency, especially in empowering women.Keywords: Role, Lam, Women's Empowerment, Traditional Village
PENGARUH PENEGAKAN HUKUM TERHADAP PERKEMBANGAN TINDAK PIDANA NARKOTIKA DI KABUPATEN BENGKALIS Riando, Ridho Gus; Artina, Dessy; Ferawati, Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Article 54 of Law Number 35 of 2009 concerning Narcotics states that narcotics addicts are required to undergo medical and social rehabilitation. However, this did not happen, especially in the jurisdiction of Bengkalis Regency. The traffickers were sentenced to prison and put in the same place as the traffickers. This is also exacerbated by the increasing number of narcotics crimes from 2017 to 2020. The objectives of writing this thesis are; First, law enforcement on the development of narcotics in Bengkalis Regency, Second, the influence of law enforcement on the development of narcotics in Bengkalis Regency, Third, factors that become obstacles in law enforcement against narcotics development in Bengkalis Regency.This type of research can be classified in the type of sociological juridical research, this research was conducted at the Bengkalis Resort Police, the Bengkalis District Attorney, the Bengkalis District Court and the Bengkalis Correctional Institution, while the population and sample are all parties related to the problems studied in this study, the data sources used are primary data and secondary data, methods data collection in this study by interviews and literature study.From the results of the research problem, there are three main things that can be concluded, First, law enforcement carried out by the four sub-judicial systems is in the form of preventive and repressive law enforcement, Second, there is no influence from law enforcement that has been carried out by the four sub�judicial systems, This is caused by factors of the apparatus and the factors of the community itself, especially in the economic field, Third, the factors that become obstacles in law enforcement against the development of narcotics crime are the geographical condition of Bengkalis Regency, lack of personnel, facilities and facilities that are less supportive, limited funds and lack of public concern or participation. The author's suggestions, First, all relevant institutions in order to improve the quality and quantity of each institution, Second, to the local government of Bengkalis Regency to play a greater role in eradicating narcotics crime, providing special operational budgets related to narcotics eradication, building or providing places/rehabilitation homes for narcotics abusers and immediately formed the District-level National Narcotics Agency (BNNK).Keywords: Law Enforcement - Rehabilitation - Narcotics
IMPLEMENTASI PASAL 35 PERATURAN DAERAH PROVINSI RIAU NOMOR 17 TAHUN 2018 TENTANG PENANGANAN FAKIR MISKIN DI KOTA PEKANBARU PutriAna Patmala Lubis; Emilda Firdaus; Zulwisman Zulwisman
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Poverty is a social problem that occurs in the Riau province that requires special handling and is a major and complex problem in social development that requires special attention from the local government. from year to year makes the requirements for getting a job stricter. The purpose of writing this thesis, firstly, is to find out how to implement Article 35 of the Riau Province Regional Regulation Number 17 of 2018 concerning Handling the Poor in Pekanbaru City, secondly, to find out what are the inhibiting factors in the implementation of Article 35 of the Riau Province Regional Regulation Number 17 of 2018 concerning Handling the Poor in Pekanbaru City. Third, to find out what efforts should be made by the Riau Provincial Government in Handling the Poor in Pekanbaru City. legal research used is the type of empirical or sociological research. This empirical or sociological legal research is research in the form of empirical studies to find theories regarding the working process of law in society. From the results of the study, there are three main things that can be concluded: First, how to implement Article 35 of the Regional Regulation of Riau Province Number 17 of 2018 concerning Handling the Poor in Pekanbaru City, Second, What are the Inhibiting Factors in the Implementation of Article 35 of the Regional Regulation of Riau Province Number 17 of 2018 regarding the Handling of the Poor in Pekanbaru City, Third What Efforts Should Be Done by the Riau Provincial Government through the Social Service in Handling the Poor in Pekanbaru City.Keyword: Implementation – Local Regulation – Handling The Poor
PERTANGGUNGJAWABAN HUKUM PENYELENGGARA PERDAGANGAN MELALUI SISTEM ELEKTRONIK DALAM NEGERI ATAS PEMBIARAN SEPATU SKECHERS PALSU (STUDI KASUS PADA BUKALAPAK) Rovandie, Rio; Jayakusuma, Zulfikar; Dasrol, Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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This study aims to find out how the legal accountability of trade operators through the domestic electronic system (PPMSE) for counterfeit goods sold by traders on their platforms based on Government Regulation Number 80 of 2019 concerning Trading Through Electronic Systems (PMSE) and to find out how legal protection is against buyers in PMSE activities based on the laws and regulations in Indonesia. The benefits of this research can increase public understanding of PPMSE's legal responsibilities and about community rights as consumers in PMSE activities. This research can also be input and information material for PPMSE to improve supervision, improvement and security in managing its platform in order to protect its users properly. This type of research is normative legal research. The research approach is a case study on the Bukalapak Platform. The result of the research is that PPMSE can be held legally responsible based on vicarious liability which refers to Article 1367 Paragraph (3) of the Criminal Code if it is proven that due to unlawful acts committed by its workers in processing consumer complaints resulting in consumer losses. The form of legal liability is to compensate consumers who are harmed. The clause in the Bukalapak electronic contract that limits the maximum liability is a violation of the laws and regulations so that the objective conditions of the agreement are not fulfilled and the agreement is null and void. Based on the principle of liability with limitations (limitation of liability) PPMSE can be held legally responsible because the clause is detrimental to consumers. Legal protection for buyers in PMSE activities refers to PP PMSE and UUPK, in these regulations there are various forms of buyer rights that must be protected. obliged to provide compensation, compensation and reimbursement. PPMSE is also obliged to try to protect the rights of buyers, PPMSE is obliged to provide electronic contracts, security systems, complaint services, officers who are competent in processing complaints and assist buyers in resolving problems related to their rights properly. Keywords: Liability – PPMSE – PMSE – Counterfeit – Merchants – Buyers

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