Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Jurnal online mahasiswa Fakultas Hukum Universitas Riau berisikan artikel ilmiah dari skripsi dan atau sebagian dari skripsi mahasiswa strata satu (S1) Fakultas Hukum Universitas Riau yang merupakan kewajiban mahasiswa menggunggah karya ilmiah sebagai syarat ujian sarjana. Kewajiban unggah tersebut tertuang dalam Peraturan Rektor No. 415/UN19/AK/2012 tentang Pedoman Penerbitan Karya Ilmiah Sebagai Persyaratan Kelulusan Mahasiswa Strata Satu (S1) Universitas Riau.
PRAKTEK PENGUASAAN PASAR OLEH PT SUMATERA RESOURCE INTERNATIONAL (SRI) TERHADAP HASIL GAMBIR DI KABUPATEN LIMA PULUH KOTA
The practice of market control is prohibited in Article 19 of Law Number 5 of 1999 concerning Prohibition of Monopoly Practices and Unfair Business Competition. The practice carried out by PT Sumatra Resource International (SRI), which has market control, is to become the sole recipient of the supply of gambier products in Limapuluh Kota Regency. This research was conducted to determine the form of market control carried out by PT SRI over gambier products in Limapuluh Kota Regency and to determine the government's efforts to overcome the occurrence of monopolistic practices by PT SRI This type of research uses empirical juridical research, in other words sociological research or is called field research. The samples in the research were the Department of Industry and Manpower of Limapuluh Kota Regency, Public Relations of PT SRI, Gambir Farmers and Middlemen in Limapuluh Kota Regency. The data source is primary data, through research instrument data collection with interviews, secondary data consists of primary legal materials, secondary legal materials and tertiary legal materials. Sociological research data collection using interviews was analyzed qualitatively. In drawing conclusions the author uses an inductive thinking method, namely drawing specific conclusions into a general statement. Based on the research results, it can be concluded. First, PT SRI is the sole recipient of supplies and has market power over gambier produce in Lima Pulu Kota district, which results in price fluctuations, unilateral price determination and leads to weak gambier prices. Second, the Limapuluh Kota Regency government has made efforts to overcome this problem. These efforts, such as the Warehouse Receipt System (SRG), are still hampered by costs and plans to create regulations regarding standardization of prices and quality of gambier to provide certainty in the price of gambier commodities. Keywords : Market Control, Anti-Monopoly, Business Competition, Unfair Business Competition.
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PELAKSANAAN PERJANJIAN SEWA MENYEWA KOS VERLINA SECARA LISAN BERDASARKAN ASAS ITIKAD BAIK DI KOTA PEKANBARU
Agreements are an inseparable part of human life, starting from those made in writing or unwritten. In principle, a rental agreement is a form of economic relationship between the owner of the premises (the renter) and the tenant of the premises. Good faith is one of the principles of agreements, which is contained in Article 1338 paragraph (3) of the Civil Code, namely that agreements must be implemented in good faith. The implementation of the principle of good faith in the rental agreement for the Verlina boarding house in Pekanbaru City is analyzed from the pre-contractual, contractual and post-contractual stages. This research aims to find out how the Verlina Boarding House room rental agreement is implemented verbally based on the principle of good faith and the efforts that must be made so that the parties are obedient and obedient in implementing the Verlina Boarding House room rental agreement verbally based on the principle of good faith in Pekanbaru City. The type of research used is sociological legal research, namely legal research that analyzes the application of law in a real sense in society based on facts that exist in a society. The population and sample are all parties related to the problem being studied. This research uses data sources in the form of primary data and secondary data, and data collection techniques are carried out using interviews and questionnaires. The results of this research are the implementation of the Verlina boarding house room rental agreement orally based on the principle of good faith in Pekanbaru City between the boarding house owner and the boarding house tenant at the pre-agreement and contractual stages, the principle of good faith has been fulfilled, but at the post contractual there is a default that occurs, the boarding house renter does not apply objective good faith in implementing the agreement, especially in carrying out the boarding house renter's obligations towards the boarding house owner, namely there are tenants who are late in fulfilling their achievements in the form of not being on time in making payments for the boarding house rent. and being negligent in carrying out achievements by violating the rules and regulations in the boarding house, there are boarding house tenants who are dishonest and run away before paying the boarding fee, causing losses to the boarding house owner. Efforts that must be made to ensure that the parties comply with the implementation of the agreement are to be given strict sanctions in the form of warnings and fines if they do not pay boarding fees on time and fines for violations of regulations in the boarding house and to enforce the existence of guarantees in the boarding house rental agreement. Keywords: Verbal Agreement, Lease, Boarding House, Principle of Good Faith.
POLITIK HUKUM TENTANG PEMBENTUKAN PERATURAN DAERAH KOTA PEKANBARU NOMOR 1 TAHUN 2024 TENTANG PAJAK DAERAH DAN RETRIBUSI DAERAH
As a rule of law country, of course Indonesia cannot be separated from legal politics in forming laws and regulations. According to M. Mahfud MD, legal politics is the state's official legal policy regarding laws that will or will not be enforced (making new rules or repealing old rules) to achieve state goals. In order to create laws that can protect the people, fair treatment, laws that protect every citizen of the nation so that their rights are guaranteed, of course there must be regulations that serve as guidelines in drafting laws and regulations, as basic rules that apply to drafting regulations from the initial process of their formation up to the regulations. is applied to society. Pekanbaru utilizes the potential of the region to produce regional income or what is usually called Regional Original Income (PAD) which will later include the implementation of autonomy as a replacement for decentralization. This research is normative legal research. This is based on library research which takes quotations from reading books, or supporting books that are related to the problem to be researched. Add data sources. Primary, secondary and tertiary data sources are characteristic of this research. This research also uses qualitative data analysis and produces descriptive data. From the results of the research and discussions carried out, several conclusions were obtained, namely: First, the urgency of forming regional regulations on regional taxes and levies essentially contains regional policies that are planned to be implemented in order to realize community welfare. Regulations for the formation of regional regulations regarding Regional Taxes and Levies are of course a need for each region to improve the regional economy and improve the welfare of the community. Second, the Basic Framework for Legislative Regulations must actually include three bases or foundations, namely philosophical, sociological and juridical foundations. Therefore, the legal politics of forming regional regulations on regional taxes and levies is ideal, if the regional regulations on regional taxes and levies are in accordance with the nature of the formation of regional regulations, in accordance with the hierarchy of statutory regulations in Indonesia, in accordance with the principles of formation and material principles. content of statutory regulations. Keywords: PAD – Regional Taxes and Levies – Regional Government
IMPLEMENTASI PELAYANAN KESEHATAN BAGI PESERTA/PASIEN BPJS KESEHATAN DI RUMAH SAKIT PRIMA KOTA PEKANBARU
The establishment of the Social Security Agency on Health is a part of National Health Insurance which is a government policy in the health sector that aims to ensure the provision of adequate health care facilities for the entire community as participants/patients. In Pekanbaru, one of the advanced referral health facilities that has collaborated with Social Security Agency on Health Pekanbaru is Prima Hospital Pekanbaru since 2017. The results of research related to health services organized at Prima Hospital Pekanbaru, there are problems found in the field, especially for Social Security Agency on Health participants/patients. The purpose of the research is to find out how the implementation; inhibiting factors; and efforts made in improving health services for Social Security Agency on Health participants/patients at Prima Hospital Pekanbaru. The author uses sociological research methods in analyzing the implementation of health services for Social Security Agency on Health participants/patients at Prima Hospital Pekanbaru. The implementation of health services for BPJS Health participants/patients at Prima Hospital Pekanbaru City is quite good, but on the other hand it has not been able to reach the level of participant/patient satisfaction. The inhibiting factors are influenced by miscommunication and the public's lack of understanding of BPJS Health procedures and arrangements at Prima Hospital Pekanbaru City as well as the imbalance in the number of BPJS Health participants/patients with the number of health workers. Efforts to improve health services for BPJS Health participants/patients at Prima Hospital Pekanbaru City start from accommodating every participant/patient complaint which has been managed with the presence of the Prima Hospital PIPP Team and then work assessment standards will be implemented. Keywords: Social Security Agency on Health Pekanbaru – Participants/Patients – Prima Hospital Pekanbaru
POLITIK HUKUM KEWENANGAN MENGADILI GUGATAN WARGA NEGARA PERKARA NON LINGKUNGAN HIDUP PASCA PERLUASAN KEWENANGAN PENGADILAN TATA USAHA NEGARA DIKAITKAN DENGAN ASAS KEPASTIAN HUKUM
Perkembangan hukum acara peradilan tata usaha negara, Pasal 87 huruf (a) Undang-Undang Nomor 30 Tahun 2014 tentang Administrasi Pemerintahan merubah banyak aspek termasuk kewenangan mengadili dari PTUN terhadap tindakan faktual sebagai salah satu perbuatan melanggar hukum (PMH) oleh pemerintah atau Onrechmatige Overheidsdaad (OOD). Meskipun telah ditegaskan tentang kewenangan Pengadilan Tata Usaha Negara dalam mengadili gugatan OOD tindakan faktual, pada praktiknya seperti nomor 262/Pdt.G/2021/PN. Pbr, masyarakat maupun aparat penegak hukum masih mengajukan, menerima, bahkan mengadili Gugatan OOD tindakan faktual di Peradilan Umum karena belum ada peraturan perundang-undangan yang tegas menyatakan kompensi absolut gugatan Citizen lawsuit terkhusus perkara non lingkungan hidup. Penelitian ini merupakan penelitian hukum normatif. Hal ini didasarkan pada penelitian kepustakaan yang mengambil kutipan dari buku bacaan, atau buku pendukung yang memiliki kaitannya dengan permasalahan yang akan diteliti. Penelitian ini menggunakan sumber data sekunder yang terdiri dari bahan buku primer, sekunder, dan tersier. Penelitian ini juga menggunakan analisis data kualitatif dan menghasilkan data deskriptif. Dari hasil penelitian dan pembahasan yang dilakukan, terdapat beberapa kesimpulan yang diperoleh yaitu: Pertama Perkembangan OOD sebagai objek sengketa beririsan dengan perluasan kewenangan PTUN melalui Pasal 85 dan 87 huruf a Undang- Undang Nomor 30 Tahun 2014 tentang Administrasi Pemerintahan dan diikuti SEMA Nomor 1 tahun 2016 atas tindakan faktual serta adanya PERMA Nomor 2 Tahun 2019 yang mengalihkan kewenangan Peradilan Umum kepada PTUN atas OOD. timbul persinggungan karena tindakan faktual meskipun tidak ditujukan untuk berakibat hukum namun harus dilakukan secara tidak menimbulkan kerugian sehingga tidak bertentangan dengan Pasal 1365 KUH Perdata bagi pihak lain yang mana pertimbangan akan timbulnya kerugian akibat tindakan faktual pemerintah menjadi salah satu unsur utama OOD. Kedua, pasca Pasal 87 huruf a UU AP dan PERMA Nomor 2 Tahun 2019 perkara non lingkungan hidup yang digugat dengan mekanisme Citizen Lawsuit idealnya menjadi kewenangan PTUN karena pada dasarnya gugatan dengan mekanisme Citizen Lawsuit baik terkait perkara lingkungan hidup maupun non lingkungan hidup akan mempersoalkan tindakan faktual pemerintah seperti kelalaian atau pengabaian yang karena tindakan pemerintah tersebut merugikan masyarakat. Kata Kunci: Citizen lawsuit, Kewenangan, PTUN
ANALISIS YURIDIS PENGGANTIAN HAKIM MAHKAMAH KONSTITUSI DALAM MASA JABATANNYA OLEH DEWAN PERWAKILAN RAKYAT
The Constitutional Court is a high state institution in the Indonesian constitutional system which has constitutional authority to adjudicate at the first and final level to decide disputes over the authority of state institutions, the dissolution of political parties, disputes over general election results, and judicial review of the 1945 Constitution. The constitution acts as the guardian of the constitution whose task is to ensure that all legal products and actions of state institutions do not conflict with the constitution. This research is normative research. This is based on library research which takes quotations from reading books, or supporting books that are related to the problem to be researched. This research uses secondary data sources consisting of primary, secondary and tertiary book materials. This research also uses qualitative data analysis and produces descriptive data. From the results of the research and discussions carried out, several conclusions were obtained, namely: First, Article 10 paragraph (1) PMK 4/2012 clearly states that the replacement or removal of Constitutional Court Judges from their positions can only be carried out by presidential decree at the request of the chairman of the Constitutional Court ., Second, the removal of Constitutional Judge Aswanto by the DPR is an attempted intervention against the Constitutional Court Judge, in this case the Judicial Authority should have freedom and independence in carrying out the duties and functions of the Constitutional Court. So it can be concluded that the dismissal of Judge Aswanto and appointing Guntur Hamzah as Constitutional Court Judge is not can be justified because it is contrary to law. The author's suggestion is that the President is expected to show firmness in handling the replacement of Constitutional Justice Aswanto. In this case, the President is not obliged to pay attention to the letter from the DPR regarding the replacement of Constitutional Justice Aswanto with Guntur Hamzah, or provide a response that the President cannot carry out the replacement because the process is wrong. Keywords: Constitutional Court-Replacement of Judges-People's Representative
IMPLEMENTASI JAMINAN KESEHATAN MASYARAKAT DAERAH BAGI MASYARAKAT MISKIN DI KABUPATEN PELALAWAN (Studi Kasus di Kecamatan Pangkalan Kuras, Kab. Pelalawan)
This research is motivated by the existence of Regional Health Insurance (Jamkesda) which is a health service guarantee program for poor or disadvantaged people outside the public health insurance quota which is the responsibility and implemented by the regional government of Pelalawan district. However, there are still poor people who have not registered as regional health insurance participants. Therefore, the aim of this thesis research is first, to find out how regional health insurance is implemented for the poor in Pelalawan Regency. Second, find out the inhibiting factors in implementing regional health insurance for the poor in Pelalawan Regency. Third, to find out what efforts the Pelalawan district government has made in implementing regional health insurance for the poor. This type of research can be classified into the type of sociological juridical research. This research uses primary data and secondary data consisting of primary legal materials, secondary legal materials, tertiary legal materials, and data collection techniques. From the results of this research there are three things that can be concluded. Firstly, with regional health insurance, poor people can obtain health services, however, the provision of regional health insurance is not widespread and is not well targeted. Second, the public's lack of knowledge about existing health insurance, as well as limited medical facilities and infrastructure. Third, the efforts made are monitoring, providing guidance and providing regional health insurance that is right on target. Keywords: Implementation, Regional Health Insurance, Poor Communities
ANALISIS YURIDIS SURAT EDARAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2023 TENTANG PETUNJUK BAGI HAKIM DALAM MENGADILI PERKARA PERMOHONAN PENCATATAN PERKAWINAN ANTAR-UMAT YANG BERBEDA AGAMA DAN KEPERCAYAAN TERHADAP PASAL 35 HURUF a UNDANG-UNDANG NOMOR 23 TAHUN 2006 TENTANG ADMINISTRASI KEPENDUDUKAN
The Supreme Court issued Supreme Court Circular Letter Number 2 of 2023 which explains the prohibition on judges throughout Indonesia from granting requests for registration of interfaith marriages. Where this rule is in conflict with Article 35 Letter a of Law Number 23 of 2006. The issuance of SEMA resulted in a setback that hampered the development of the justice system in guaranteeing the rights of citizens from various backgrounds. It can be concluded that SEMA Number 2 of 2023 issued by the chairman of the Supreme Court has violated its constitutionality. The type of research used by the author is normative legal research or what is known as "legal research". This means that this legal research aims to examine the conformity of existing norms regarding the prohibition on the practice of interfaith marriages in the Supreme Court Circular Letter Number 2 of 2023 with Article 35 Letter a of Law Number 23 of 2006 concerning Population Administration using library study data collection techniques. SEMA No. 02 of 2023 is a legal instrument made by the Supreme Court which aims to direct judges to reject applications for registering marriages between people of different religions. The urgency of SEMA was created based on pressure from several religious organizations in Indonesia who do not like marriages between people of different beliefs, whereas in Indonesia itself every citizen has the right to marry regardless of the religion adhered to by each partner. Any discrepancies between the Marriage Law and the Population Administration Law must be resolved through changes to the law, not through SEMA. As well as the judge's freedom to decide fairly and in accordance with existing evidence. The issuance of SEMA seems to annul previously existing statutory regulations, in other words the Supreme Court does not review previously applicable statutory regulations in making a decision. In practice, there are still district court judges who grant requests for marriage registration. different religion. Keywords: SEMA, Population Administration Law, Marriage Law.
PERLINDUNGAN HUKUM TERHADAP HAK ASASI MANUSIA BAGI NARAPIDANA NARKOBA DALAM SISTEM PEMASYARAKATAN PADA RUMAH TAHANAN (RUTAN) SIALANG BUNGKUK PEKANBARU
Imprisonment is one of the main forms of punishment served by prisoners based on the judge's decision, where prisoners are placed in correctional institutions, hereinafter referred to as LAPAS, which is a place to carry out guidance for prisoners. Or Detention Center, hereinafter referred to as RUTAN, is a place where suspects or defendants are detained during the investigation process. Prisoners' rights are regulated in the provisions of Article 9 of Law Number 22 of 2022 concerning Corrections. Convicts as convicts serving prison sentences have rights protected by Human Rights and Indonesian Law, one of which is the provision of remissions. This research aims to determine the legal protection of human rights for drug convicts in the correctional system at the Siang Bungkuk Pekanbaru detention center (RUTAN) and as information material for the community and parties involved in upholding human rights. This research uses sociological legal research where sociological legal research is research carried out directly on location or in the field to obtain data to provide a complete and clear picture of the problem being studied. The population was determined to be 500 narcotics prisoners with a sample of 5 narcotics prisoners. Based on the research results, it can be seen that in the implementation of legal protection of human rights for drug convicts in the correctional system at the Siang Bungkuk Pekanbaru detention center (RUTAN). The research results show that there are differences in the implementation of human rights protection for prisoners with Law Number 22 of 2022 concerning Corrections. The implementation of prisoner's rights at the Sialang Bungkuk Detention Center has gone quite well, but the issue of remission has not gone well. The implementation of the rights of prisoners in the Sialang Bungkuk Detention Center has been going quite well, especially for the rights contained in Article 9 of Law Number 22 of 2022 concerning Corrections as well as human rights which cannot be reduced even while serving a prison sentence have also been implemented. by RTAN Sialang Bungkuk, however, the prisoners' rights contained in article 10 of Law Number 22 of 2022 concerning Corrections regarding the issue of granting remissions are still not effective due to a lack of socialization by the Rutan, therefore the need for socialization by the Rutan to prisoners. Keywords: Legal Protection, Human Rights, Prisoners.
POLITIK HUKUM MENGENAI PENGATURAN PERBUATAN PELAKU DAN PENGGUNA JASA PROSTITUSI ONLINE DI INDONESIA
This research aims to analyze legal politics regarding the regulation of the actions of perpetrators and users of online prostitution services in Indonesia. The laws that regulate include: the 1945 Constitution; Law Number 21 of 2007 concerning Eradication of the Crime of Human Trafficking; Law Number 44 of 2008 concerning Pornography; Law Number 17 of 2016 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. The formulation of the problem in the research is to find out the regulation of online prostitution in the laws and regulations in Indonesia and to find out the legal politics regarding the regulation of the actions of perpetrators and users of online prostitution services in Indonesia. The type of research that will be used in this research is normative juridical, namely research carried out by examining secondary legal materials or research based on standard rules that have been recorded and discussing legal principles and legal synchronization. In this case, the Criminal Code does not regulate the punishment of prostitutes and users of online prostitution services, so they cannot be held criminally responsible. If we examine the regulations outside the Criminal Code regarding online prostitution, prostitutes and service users can be charged using Article 45 Paragraph (1) of Republic of Indonesia Law No. 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions, however this rule is still general in nature which regulates prohibitions that violate decency. Prostitution regulations can also be found in Regional Regulations, but not all regions have or issue Regional Regulations on Prostitution, so their application is limited to the territory. The legal policy that can be taken is by reforming criminal law by synergizing with the draft concept of the Criminal Code, namely by criminalizing or making rules or regulating the provision of criminal threats to prostitutes and users of online prostitution services so that they can be held criminally accountable (penalization). The suggestion in this research is that there should be an effort to implement legal politics in accordance with the basic framework of national legal politics, so that the legal products produced do not conflict with the goals of the state and the basic ideals of forming national law. The author's idea of reform is that sex workers are given rehabilitation, job training and working capital as an effort to prevent them from returning to commercial sex work. Keywords: Legal Politics, Legal Regulations and Online Prostitution.
KEBIJAKAN SISTEM ZONASI DALAM PERATURAN MENTERI PENDIDIKAN DAN KEBUDAYAAN REPUBLIK INDONESIA NOMOR 1 TAHUN 2021 TENTANG PENERIMAAN PESERTA DIDIK BARU PADA TAMAN KANAK-KANAK, SEKOLAH DASAR, SEKOLAH MENENGAH PERTAMA, SEKOLAH MENENGAH ATAS, DAN SEKOLAH MENENGAH KEJURUAN
The implementation of the zoning system in the admission of new students raises various problems. The zoning system is regulated by the Ministry of Education and Culture of the Republic of Indonesia in the Regulation of the Minister of Education and Culture of the Republic of Indonesia Number 1 of 2021 concerning Admission of New Learners in Kindergartens, Elementary Schools, Junior High Schools, Senior High Schools, and Vocational High Schools, while in Article 51 paragraph (1) of Law Number 20 of 2003 concerning the National Education System it is stated that schools are given autonomy to manage their schools. This autonomous right to schools is in the form of School-Based Management principles to organize and manage their own education. This thesis uses research with a type of normative research, namely library research. In this research, the data sources used are secondary data sources with primary legal materials of the Minister of Education Regulation Number 1 of 2021 with Law Number 20 of 2003. The collection technique uses documentation / literature study, namely analyzing and examining these primary legal materials. Minister of Education and Culture Regulation Number 1 of 2021 and Law Number 20 of 2003 are considered to be out of sync. The incompatibility and inconsistency of these regulations have caused various social and moral problems that affect various elements, especially prospective students and their parents/guardians. The zoning system policy implemented in the New Learner Admission results in some people who want to impose their will because they have certain perceptions, resulting in actions that are against the law, morals, social, and religion. The purpose of the zoning system is very good to advance education in Indonesia, but many aspects have not been fulfilled by the Government in implementing this zoning system. Such as unequal access to education in Indonesia, inequality of facilities and infrastructure in various schools, to the uneven quality of teachers in each region. Keywords: Zoning System and New Student Admission
ANALISIS YURIDIS PANITIA SELEKSI DEWAN PENGAWAS KOMISI PEMBERANTASAN KORUPSI BERDASARKAN UNDANG – UNDANG REPUBLIK INDONESIA NOMOR 19 TAHUN 2019 TENTANG PERUBAHAN KEDUA ATAS UNDANG–UNDANG NOMOR 30 TAHUN 2002 TENTANG KOMISI PEMBERANTASAN TINDAK PIDANA KORUPSI
This research analyzes juridically the regulation and ideal criteria of the Selection Committee for the Supervisory Board of the Corruption Eradication Commission (KPK) based on Law Number 19 of 2019 concerning the Second Amendment to Law Number 30 of 2002 concerning the KPK. The existence of the KPK Supervisory Board has been met with pros and cons because it is considered to be able to affect the independence of the anti-corruption institution. The formation of the Supervisory Board is feared to actually erode the authority and internal supervisory function of the KPK and disrupt the corruption eradication process. This research is a normative legal research with a qualitative approach that examines secondary data in the form of primary and secondary legal materials. Primary data is obtained from relevant laws and regulations such as Law Number 19 of 2019 and its derivative regulations, while secondary data is from legal literature such as books, scientific journals, research results, and scientific articles. The thinking method used is the deductive method to draw conclusions from general statements to specific ones, and inductive to conclude from specific matters to general ones. This research analyzes juridically the regulation of the Selection Committee for the Supervisory Board of the Corruption Eradication Commission (KPK) based on Law Number 19 of 2019 concerning the Second Amendment to Law Number 30 of 2002 and examines the ideal criteria for the selection committee.. Therefore, it is necessary to have detailed regulations regarding the ideal criteria for the selection committee from the government and community elements so that its implementation can maintain the integrity and independence of the KPK in accordance with the principles of the formation of the anti- corruption institution Keywords : Corruption Eradication Commission, Supervisory Board, Selection Committee.
ANALISIS KEDUDUKAN MEJELIS KEHORMATAN MAHKAMAH KONSTITUSI DALAM KELEMBAGAAN MAHKAMAH KONSTITUSI
Judicial power is independent power to administer justice to uphold law and justice. One of the institutions of judicial power is the Constitutional Court (MK). In carrying out their duties, a judge must comply with the Code of Ethics for Constitutional Judges, therefore, a supervisory institution for constitutional judges is needed in carrying out their duties. In the state institution system, the institution authorized to supervise the independence of judges within the judiciary is the Judicial Commission (KY). Constitutional judges were actually once the object of KY supervision, but since MK Decision Number 005/PUU-IV/2006, the KY's authority to supervise constitutional judges has been decided to be unconstitutional. So the Constitutional Court Honorary Council (MKMK) was formed as an internal supervisory institution formed by Constitutional Justices. This research can be classified into a type of normative legal research related to Constitutional Court Regulations. Then use data sources from primary, secondary and tertiary legal materials by conducting literature studies in collecting data and using qualitative analysis methods in processing data and drawing conclusions. From the results of research that has been carried out, this internal supervision institution is considered ineffective due to the lack of transparency and neutrality of the supervision carried out. Based on these studies, neutrality in the formation of supervisory institutions is very necessary to form an ideal supervision mechanism based on Sapta Karsa Utama. Keywords: Position, MKMK, Establishment
IMPLEMENTASI PEMENUHAN HAK PENYANDANG DISABILITAS DALAM PENGGUNAAN SARANA DAN PRASARANA TRANSPORTASI BERDASARKAN PERATURAN DAERAH PROVINSI RIAU NOMOR 18 TAHUN 2013 TENTANG PERLINDUNGAN DAN PEMBERDAYAAN PENYANDANG DISABILITAS DI KOTA PEKANBARU
In order to realize the availability of accessibility of transportation facilities and infrastructure for people with disabilities, a full understanding of policy makers is still needed both in the center and in the Pekanbaru City area. There are still many public facilities and infrastructure that need attention. People with disabilities have the same right to mobility in order to fulfill their daily activities. Providing accessibility for people with disabilities is an obligation, not a compulsion. Article 17 paragraph (1) of the Riau Provincial Regulation Number 18 of 2013 concerning the Protection and Empowerment of People with Disabilities states that every person with disabilities has the right to the provision of accessibility in the utilization and use of public facilities and infrastructure, the environment and transportation facilities and infrastructure. This type of research is sociological legal research, because it is based on field research, namely by collecting data through interviews, questionnaires, and literature studies, reviews related to the problems to be studied assisted by primary, secondary and tertiary data. This research was conducted at the Pekanbaru City Transportation Service, the Pekanbaru City Social Service, while the population and sample were all parties related to the problem being studied. This research uses qualitative data analysis and produces descriptive data. From this study, it can be concluded that the implementation of the fulfillment of the rights of persons with disabilities in the use of transportation facilities and infrastructure has not been running optimally. Inhibiting factors in the implementation of the fulfillment of the rights of persons with disabilities in the use of transportation facilities and infrastructure are due to inadequate budget factors, unpublished supporting regulations, weak human resources, limited facilities and infrastructure, and lack of socialization, education and supervision from the Pekanbaru City Social Service and the Pekanbaru City Transportation Service. Efforts made by the Pekanbaru City Government through the Pekanbaru City Transportation Service in implementing the fulfillment of the rights of persons with disabilities are to increase the procurement and renovation of special road signs/markings for persons with disabilities, provide bus stops and terminals that are more friendly to persons with disabilities. Keywords: Disability, Implementation of Regional Regulations, Transportation Facilities and Infrastructure
TINJAUAN YURIDIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 90/PUU-XXI/2023 TERKAIT PERSYARATAN CALON PRESIDEN DAN CALON WAKIL PRESIDEN DIKAITKAN DENGAN ASAS PEMBAGIAN KEKUASAAN
The 1945 Constitution (UUD 1945) is one of the sources of Indonesian law. The age limit is stated in Article 169 letter q of Law Number 7 of 2017 concerning Elections so it is felt to be inappropriate because the Constitutional Court is a judicial institution or negative legislator, which means it does not immediately make new rules and add legal norms to Law Number 7 2017 concerning General Elections. The Constitutional Court has no authority to replace or insert new norms into the content (paragraphs, articles and/or parts) of laws that have been declared contrary to the 1945 Constitution and therefore do not have binding legal force. This type of legal research can be categorized as using a normative type of legal research. Normative legal research is library legal research. The data sources used are secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The data collection technique comes from the library research method. After the data is collected, conclusions are drawn From the results of the research, 2 (two) main things were obtained, namely first, even though a judicial tip occurred, a criminal act or violation of the code of ethics committed by a judge, does not make the Constitutional Court's decision invalid or wrong. Second, in this case the role of the Constitutional Court is as a judicial institution which has the task of examining laws that are already in force or that have been passed. Keyword: Constitutional Court, Ethics, Conflict of Interest
TINJAUAN YURIDIS PUTUSAN MAHKAMAH KONSTITUSI (MK) NOMOR 65/PUU-XXI/2023 BERKAITAN DIPERBOLEHKANNYA LEMBAGA PENDIDIKAN DIJADIKAN SEBAGAI TEMPAT UNTUK BERKAMPANYE
This study aims to understand the perspective of Constitutional Court Decision No. 65/PUU-XXI/2023 regarding the legality of using educational institutions as campaign venues. The background of this research is the evolving political and regulatory context involving educational institutions in Indonesia. Prior to this decision, strict regulations prohibited the use of educational facilities for political campaigns to preserve the neutrality and integrity of educational institutions as places for learning and intellectual development, free from political influence. This research is a normative legal study with a focus on the principle of legal justice. It uses secondary data sources, including primary, secondary, and tertiary legal materials. Data collection was performed through literature review, and data analysis employed a qualitative method. The findings reveal that the Constitutional Court's decision to permit the use of educational institutions for campaigns is based on balancing political expression freedom with educational neutrality. The Court concluded that as long as educational institutions maintain their integrity and are not disrupted by campaign activities, using these facilities for political purposes does not violate constitutional principles. The implications include potential changes in the dynamics of educational institutions, which will need to establish procedures to ensure that campaign activities do not affect the learning process. Regulatory adjustments may be necessary to define limits and mechanisms for campaign implementation in educational settings. Keywords: Constitutional Court Decision, Educational Institutions, Political Campaigns, Campaign Venues
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OPTIMALISASI PERAN SERTA LEMBAGA SWADAYA MASYARAKAT DALAM PENANGGULANGAN PEMBERANTASAN TINDAK PIDANA KORUPSI DI KOTA PEKANBARU
The impact of corruption is very large, so that it can reduce the quality of people’s welfare in Pekanbaru city, the high state losses due to corruption will certainly have an impact on the state obligation to provide welfare rights. So the people or society will be the victims. For this reason, it is necessary to review the role of the community in preventing corruption as a form of social control that will be able to narrow the space for corruption and widen the space for anti corruption. This research is a sociological legal research, this is based on field research which refers to interviews and observations statements as well supporting documents that have a corelation with the background of the problem to be studied. This study uses secondary date sources consisting of primary, secondary, and tertiary legal materials. This study uses qualitative date analysis by producing a deductive method of drawing conclusions, namely drawing conclusions from that are general to things that are specific. From the result of the discussion it can be concluded that role of the people of Pekanbaru city in building anti corruption culture is not yet optimal because they do not recive support from all elements of society and also reporting corruption is oftrn intimidated and criminalized by way of reporting back defamation which makes the pepole of Pekanbaru city become afraud to get involved active in eradicating criminal acts of corruption in Pekanbaru city. Therefore it is hoped that the government and law enforcers in Pekanbaru city must encourage the public to participate in efforts to prevents and eradicate criminal acts of corruption both individually, thourgh community organizations, or organizations by providing space to make political statements, make statements thourgh petitions, and anti corruption demonstrations. Keyword : Optimalization, Role of People, Eradication, Corruption Crime
PROBLEMATIKA HUKUM PUTUSAN RECHTERLIJK PARDON DALAM SISTEM PEMIDANAAN DI INDONESIA
The background of the concept of rechterlijk pardon is rooted in the prevalence of defendants who have actually fulfilled the burden of proof, but sentencing them would result in a conflict between legal certainty and justice. On the other hand, the qualification procedure for rechterlijk pardon must be strictly regulated to ensure that pardons are not granted without guidelines, given the wide discretion available to judges. Rechterlijk pardon in the penal system primarily concerns the imposition of penalties where judges may decide not to impose a sentence on proven guilty defendants based on the goals of sentencing. The analysis employs normative research using a qualitative approach, specifically conceptual and legislative approaches, to uncover how judges weigh decisions and the constraints that govern judges in rechterlijk pardon rulings. The findings of this research suggest that legal reasoning by judges must align with moral reasons consistent with Pancasila values and civilized law, and should focus on individualizing punishment and subsociality in formulating sentencing goals. Sentencing guidelines are intended as a controlling function. The highly individual characteristics of criminal cases should be autonomously justified with sufficient consideration of legal principles and the principle of culpa in causa. Keywords: Rechterlijk Pardon, Verdict, Penal System
ANALISIS YURIDIS PENYELESAIAN TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA PADA PERNIKAHAN SIRI
Marriage is a bond born inwardly between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the One Godhead. Marriage is carried out in front of the marriage registrar employee so that a marriage certificate is obtained as proof of the occurrence of marriage. Legal certainty is obtained if the case is decided based on laws and regulations. Unlike serial marriages that cannot be proven to exist. Where the marriage is carried out secretly or secretly. So it cannot prove the marriage really happened or not. When there is violence in a serial marriage, judges cannot decide cases using the Domestic Violence Law just because they consider the elements of the household scope as husband and wife without checking whether the marriage is valid or not according to the Marriage Law. The purpose of the study is to analyze the settlement of domestic violence crimes in series marriages in Indonesian positive law and ideally appropriate settlements in deciding cases of domestic violence in series marriages. The research method used is normative juridical research using statutory, case and conceptual approaches.The results showed that if the judge’s consideration in imposing a crime using article 44 paragraph (1) of the Domestic Violence Law is not appropriate when related to the Marriage Law, the elements of the household scope as a married couple according to article 2 paragraph (1) of the Domestic Violence Law have not been fulfilled because the validity of the marriage contract they carried out has not been proven in court so that it is not in accordance with the provisions of article 1 of the Marriage Law. The settlement in the case is still considered inappropriate because if it is decided by the Domestic Violence Law, there is no distinction between a valid marriage and an invalid one. So that the case does not get legal certainty. Keywords: Domestic Violence, Siri Marriage, Legal certainty.
PENANGGUHAN PENAHANAN TERHADAP TAHANAN PEREMPUAN YANG BERSTATUS IBU YANG MEMILIKI BALITA
Suspension of detention is the right of suspects or detainees, which is regulated in Article 31 of the Criminal Procedure Code. This suspension of detention gives an agency the freedom to provide reasons for granting or refusing a suspension of detention, meaning that in this case it is the full authority of the competent agency. However, in reality the suspension of detention here is still not optimal, both in its arrangement and implementation. This can be seen from the discovery of several rejections of suspension of detention, especially in several cases where the suspect was a mother with a toddler. This thesis research aims to: first, to describe the regulation and implementation of suspension of detention for female detainees who are mothers with toddlers in the Indonesian criminal courts. Second, to describe the appropriate rules regarding the suspension of detention for female detainees who are mothers of toddlers from a substantive justice perspective. This type of research can be classified as normative legal research, because this research is carried out by examining library materials or secondary data. In this research, the data sources used are primary data, secondary data and tertiary data. The data collection technique in this research is the library research method. From the results of the research carried out, it can be concluded that, in relation to this, the implementation obtained from several cases involving female detainees who have the status of mothers, shows that the existing regulations still have weaknesses or there is no certainty about the regulations in this case, so that it can It is said that implementation has not gone well. Therefore, it is necessary to reform in the form of a special law regarding the rules for suspending the detention of women detainees who are mothers who have toddlers in more detail, by not only focusing on procedural matters, but also considering substantively for the sake of realizing legal justice and legal certainty. regarding suspension of detention, especially in relation to female detainees who are mothers of toddlers.
ANALISIS DISPARITAS PUTUSAN DALAM PERKARA TINDAK PIDANA PENYEBARAN BERITA BOHONG DAN TINDAK PIDANA PENCUCIAN UANG (Studi Kasus Putusan No. 1240/Pid.Sus/2022/ PN Tng dan Putusan No. 576/Pid.Sus/2022/PN Blb)
Criminal disparity is the application of unequal punishments to the same crime or crimes whose nature and danger can be compared. This research focuses on the verdict on the crime of spreading false news and money laundering with the defendants Indra Kenz and Doni Salmanan. Where the problem that occurs is disparity in punishment, namely in the application of different principal and additional penalties so that it is seen as not fulfilling a sense of justice. The aim of this research is to analyze the disparity in decisions in these cases and how the regulations or policies of judges as law enforcers are related to disparities in judges' decisions. This research uses a normative juridical method which is descriptive analysis. This research uses legal sources consisting of judges' decisions in cases will be analyzed, related legislation, books and scientific journals. All data collected will be compiled and analyzed using theory or expert opinion. The results of the research and discussion carried out present the results of the analysis of disparities in judge's decisions in cases of criminal acts of money laundering and spreading false news committed by defendants Indra Kenz and Doni Salmanan, as well as explaining regulations and policies to minimize disparities in decisions. Criminal disparity is a decision by a panel of judges regarding similar criminal acts. The differences in judge's considerations and the existence of unproven charges have led to disparities in punishment (main and additional penalties) in criminal cases of spreading fake news and money laundering Decision No.1240/Pid.Sus/2022/PN Tng and Decision No.576/Pid. Sus/2022/PN Blb. The cause of the disparity is the lack of legal reasoning among judges who tend to accept whatever is offered by the public prosecutor. Regulations and policies related to disparities are still developing. In an effort to build accountable law enforcement, the quality of moral and juridical accountability is required from judges. Keywords: Disparity, Judge's Decision, Spread of Fake News, Money Laundering.
PENERAPAN PEMBELAAN TERPAKSA DALAM PERISTIWA PENCURIAN DENGAN KEKERASAN (Studi Kasus di Kepolisian Resor Metropolitan Bekasi Kota)
One thing that can explain the power of the police in carrying out their duties is the discretion or authority given by law to act in special situations according to the judgment and conscience of the police themselves. Given that this authority is very broad, it requires requirements that must be possessed by officers, especially in assessing a case, especially cases that threaten property and even the safety of one's life. Nevertheless, the authority to declare someone guilty of committing a criminal offense is the panel of judges through a court decision. However, there are cases that researchers analyze where victims who make defense efforts are forced to have a different final settlement from the law enforcement process in previous similar cases. This type of research can be classified into empirical sociological research. With the research location located in Bekasi City, especially in the jurisdiction of the Bekasi City Metropolitan Police, while the population and sample are all parties related to the problem under study. This research uses data sources in the form of primary data and secondary data, and data collection techniques are carried out by interview. From the results of the problem research, there are 3 main things that can be concluded. First, Noodweer is the authority of the judge who assesses, so there is no rule that authorizes the police to stop the investigation or not continue a case due to applying the reasons for criminal erasure, Indonesian National Police officers in carrying out their duties and authorities can act according to their own judgment. However, the case of Muhammad Irfan Bahri proves the ability of law enforcement officials to convince the public that these institutions can provide maximum protection and ensure the safety of victims. Third, the ideal idea of the investigator's action in applying the reason for criminal nullification according to the concept of noodweer for the future is to limit discretion to prevent arbitrary actions with consideration of the principle of necessity, the principle of straightforwardness and integrity, the principle of benefits and objectives and the principle of balance. Keywords: Forced Defense, Investigator, Discretion.
PERLINDUNGAN HUKUM TERHADAP PEKERJA PEREMPUAN DI SEKTOR PERKEBUNAN KELAPA SAWIT DI INDONESIA DALAM PERSPEKTIF INTERNATIONAL LABOUR ORGANIZATION CONVENTION (ILO) NOMOR 100 TAHUN 1951
One of the strategic issues in managing the upstream oil and gas sector in Indonesia is the obligation to bid Participating interest of 10% (ten percent) by the KKKS managing an Oil and Gas Working Area to the Regional Owned Enterprise (BUMD) at the operational location. involvement of regional governments in the form of responsibility for giving appointments to BUMDs or regional companies in order to obtain 10% PI management which is expected to be able to provide profits or profits that will increase regional income for the welfare of local communities. Apart from that, it is hoped that it will be able to provide knowledge and experience of cooperation for BUMDs in managing oil and gas working areas as a contractor. The type of research in this thesis uses sociological legal research, namely research on the effectiveness of law in society. The nature of this thesis research is research descriptive which systematically describes the facts and characteristics of the object being studied accurately. The data collection technique in this research is the interview method and literature review, then after the data is collected it is then analyzed to draw conclusions. Management Participating Interest 10% (Ten Percent) in the context of improving community welfare in accordance with the mandate in the Minister of Energy and Mineral Resources Regulation (Permen) Number 37 of 2016 concerning Provisions for 10% (Ten Percent) Participating Interest Offerings in Oil and Gas Working Areas. PT Riau Petroleum manages four 10% PIs from four oil and gas blocks by forming subsidiaries, namely PT Riau Petroleum Siak, PT Riau Petroleum Kampar, PT Riau Petroleum Mahato, and PT Riau Petroleum Rokan, the Riau Provincial Government gets the largest share with a portion of 50%, while the remainder is divided among the five districts, according to the amount of oil and gas reserves in each region which has been calculated by a third party professionally. Utilization of Participating Interest 10% (Ten Percent) in the Context of Improving Welfare, among others, Siak BUMD can use the profits from the 10% PI to increase Regional Original Income. Siak BUMD can use some of the profits from the 10% PI to finance community empowerment programs, such as skills training, business capital assistance, and village infrastructure development. Improving the Quality of Education. Siak BUMD can use some of the profits from the 10% PI to finance programs to improve the quality of education, such as building schools, providing scholarships, and training teachers. Keywords: Participating interest, Petroleum, Government
KETAHANAN PANGAN DUNIA SEBAGAI DAMPAK PERANG UKRAINA RUSIA BERDASARKAN HUKUM INTERNASIONAL
In recent years, the war between Russia and Ukraine has had an impact on countries in the world that are dependent on the conflicting countries in terms of food security which has caused a food crisis which has caused world hunger rates to increase and created a situation of economic and political instability in the world. The right to food is a basic human right recognized in international, regional and national instruments. Therefore, the research objectives of this thesis are: first, to determine the impact of world food security as a result of the Ukraine-Russia war based on international law. Second, to find out the role of International Law in overcoming food security due to the impact of the Ukraine-Russia war. The type of research used by the author is normative legal research or what is known as "legal research". which means that legal research is conceptualized as what is written in the statutory regulations (law in book) or law. From the research results, there are two main things that can be concluded. First, the Ukraine-Russia War has implications for world food security, especially if the fighting involves areas that are fertile and important for global food production, resulting in the destruction of agricultural infrastructure, disrupting food production, and causing losses in global supply chains. This can lead to food shortages and increased food prices throughout the world. In addition, the war between Ukraine and Russia has an impact on food security that is not limited to the conflict area, but can spread globally due to economic dependence and international trade. Second, International Law plays an important role in overcoming the impact of the Russia-Ukraine war on food security. In this case, humanitarian law is present in upholding humanitarian principles in war situations, especially in maintaining access to world food for countries that are food dependent on Ukraine and Russia. Keywords: Food Security, Ukraine, Russia, International Law.