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HAKIKAT KONTRAK MENURUT ROSCOE POUND DAN RELEVANSINYA TERHADAP KONTRAK YANG BERKAITAN DENGAN LINGKUNGAN HIDUP FIRMANDA S, HENGKI
Jurnal Yuridis Vol 3, No 1 (2016): Jurnal Yuridis
Publisher : Fakultas Hukum Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1350.176 KB) | DOI: 10.35586/.v3i1.168

Abstract

The contract is forming reality that can be affect the parties as the subject of the contract and the environment as the object of the contract. Contracts create a new reality from reality than ever before. The realization of the contract in the precontractual will be different from the reality in the post contractual contract. Pound explained that the contract is a promise made by the parties. The contract is meant by Pound are private contract. Although the contract is private, essence the contract must promote a balance in performing the contract. The need for balance because humans are confronted by free will with the will to obey his word. Pound said in keeping promises to the fulfillment of the contract was part of a social community interest. Contracts relating to the environment as the object of the contract must be in balanced position. The balanced in treating the object of the contract, so that the environment is not incorporated by satisfying human needs, but as the fulfillment of human balance at the time of human life.
PELAKSANAAN SISTEM PENGUPAHAN BURUH PABRIK BATU BATA DI KOTA PEKANBARU BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN Syafitri, Rika; Deliana, Evi; S, Hengki Firmanda
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Wages are workers 'or workers' rights that are received and expressed in the form of money in return from employers or employers for workers or laborers who are determined and paid according to a work agreement, agreement, or legislation including benefits for workers or laborers and their families for an work or service that has been or will be performed. Wages are often equated with the salary of a worker or labor force. In the implementation of the provision of wages or wages the system has been regulated in Law Number 13 of 2003 concerning Labor. But in reality the remuneration system is still not in accordance with the written agreement and is only based on verbal so that there is no concrete work agreement, one of which is in the Batubata Factory in Pekanbaru City. An unwritten wage system is still in place, a payment system with daily wages and no employment contract in an employment agreement. The problems and objectives that will be discussed in this thesis are to find out how the implementation of the Batubata Factory wage labor system in Pekanbaru City Based on Law Number 13 Year 2003 Regarding Employment.This type of research is a survey, which is conducting a survey to the field at the site and at 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 Batubata factory workers in Pekanbaru city and to the employment department and Batubata factory workers. while the population and sample are the whole of the parties related to the problem under study in this study the source of the data used are primary secondary data and Tertiary data data collection techniques in this study with questionnaire interviews and literature studies.The results of this study can be concluded that the implementation of the brick factory workers wage system in the city sub-district in the city of Pekanbaru based on law number 13 of 2003 concerning employment has not been running well and is not yet optimal, this is because the system implemented by the Batubata business owner is still experiencing the crisis in the payment of wages to factory workers and the method of payment is to use the system per day and not in accordance with the needs needed by the factory workers.Keywords: Implementation - Wage system - Batubata factory workers - Employment
PERLINDUNGAN HUKUM BAGI KONSUMEN MUSLIM DALAM MENGKONSUMSI MAKANAN PADA RESTORAN HOTEL YANG BELUM MEMILIKI SERTIFIKAT HALAL DI KOTA PEKANBARU Putri, Yunda Agusti; Ismi, Hayatul; Firmanda, Hengki
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

In Pekanbaru, the population is predominantly Muslim, namely as many as 1,040,345 or 89.43%. This of course requires certainty regarding the food they eat, especially the food provided in hotel restaurants in Pekanbaru. The total Muslim population in Pekanbaru is 1,040,345 or 89.43%. In 2016, there were 30 hotel restaurants that did not have a halal certificate. In 2019 many hotel restaurants have halal certificates. Based on data obtained from BPJPH Pekanbaru, only 10 hotel restaurants have halal certification.This type of legal research is juridical sociological, which in this research, is carried out directly to the field to collect primary data, and uses descriptive methods. Meanwhile, if viewed from the nature of this research is descriptive.The results of this study are legal protection for Muslim consumers in consuming food at hotel restaurants that do not have a halal certificate in the city of Pekanbaru which is contained in Law Number 8 of 1999 concerning Consumer Protection, which only stipulates that business actors are prohibited from producing and / or trading goods and / or services that do not comply with the provisions of producing in a halal manner, as stated in the statement "halal" which is included in the label. However, Law Number 8 of 1999 concerning Consumer Protection does not explain the sanctions received by business actors who do not have a halal certificate. Likewise with Law Number 33 of 2014 concerning Guarantee of Halal Products. The law is to regulate the realization of halal certificates related to halal assurance of food products which are strengthened by government regulations, the Ministry of Religion and the Halal Product Guarantee Agency (BPJPH) with the aim of creating safety and comfort of food products, especially for Muslim consumers. However, the Law also does not explain the sanctions that are accepted for business actors who do not have a halal certificate. Implementation of the obligation to register a halal certificate for hotel restaurant owners in Pekanbaru city by means of BPJPH appealing to every producer or hotel restaurant owner to take care of ownership of a halal certificate. However, the problem is that the audit problem requires time and intense cooperation on the part of BPJPH to inspect and identify hotel restaurants that do not have a halal certificate.Keywords: Legal Protection, Muslim Consumers, Halal Certificate.
PELAKSANAAN PERJANJIAN KERJASAMA PROGRAM SANITASI MASYARAKAT DI KOTA PEKANBARU Akbar, Muhammad Fauzi; Ismi, Hayatul; Firmanda, Hengki
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

In the development of this Community Sanitation Program, the Pekanbaru City government through its Work Unit entered into an agreement with the Community Self-Reliance Institution. This is stated in the Collaboration Agreement for the Community-Based Sanitation Program of 2017 Number 09 / SPKS / SANIMAS-IDB / PIP-PKU / VII / 2017 on July 5, 2017. However, in its implementation there have been various problems related to the rights and obligations carried out by the two defenses. the promised party. Therefore, this study aims to: find out the rights and obligations of the parties based on the Cooperation Agreement for the Community Sanitation Program in Pekanbaru City. As well as obstacles and efforts to resolve defaults in the Community Sanitation Program Cooperation Agreement in Pekanbaru City. The method used in writing this research is a qualitative approach, with 2 key informantsThe results of this study indicate that: 1) The government through the work unit has fulfilled its obligations to make project payments, and the MFI has received the right and fulfilled its obligations. However, the implementation of the obligations (the construction of WWTP in Kelurahan Cahaya Limbungan) is still not in accordance with the agreement, especially in relation to the processing time and also the location of the construction. 2) the obstacles faced in fulfilling the rights and obligations are related to the project execution time. the government only pays for projects in accordance with the progress of physical development. Therefore, the settlement of this default is that the government provides a grace period for the MFI to complete the project, without any additional costs from the governmentIt can be concluded that there were problems in the field, in which the parties did not carry out their obligations properly which triggered defaults. It is better if the parties who are bound by the agreement can carry out what they have promised so that there is no problem in the field..Keywords: Agreement, Cooperation, Default.
Pemerintah Daerah Provinsi Riau dan Hukum Adat Melayu Riau Menurut Teori Eksistensi Karl Jaspes Hengki Firmanda; Juhansar Andi Latief
Al-Ulum Vol. 18 No. 1 (2018): Al-Ulum
Publisher : Institut Agama Islam Negeri (IAIN) Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1279.208 KB) | DOI: 10.30603/au.v18i1.333

Abstract

This study aims at analyzing the relationship between Riau provincial governments and Riau Malay Customary Law (LAM Riau) using Jaspers’ theory of existence. The data of this study are qualitative ones using the sociological law as the approach. Riau Malay customary law is the norm regulates the manner of behavior of the Malay people. Riau Malay customary law is a law-based-community. It means, the law is conserved and raised its existence jointly. The local governments have a very important role in maintaining its existence. Local governments (executive and legislative) and customary institution are defined as state organizers.
PELAKSANAAN ASAS MEMPERSULIT TERJADINYA PERCERAIAN PADA PENGADILAN AGAMA PAYAKUMBUH BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN Allifa Amelia; Hayatul Ismi; Hengki Firmanda S
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Based on General Description Number 4 Letter e Constitution Number 1 Year of 1974 about Marriage found principle sounded, “because the marriage purpose is to form a happy, eternal, and prosperous family then this constitution embraces the principle to complicate divorce occurance to enable divorce there must be certain reasons and it must be in the court”. In year of 2017-November 2019 there was an increase of divorce at Religious Court Payakumbuh. It was caused by many factors. In this case the writing of this undergraduate thesis aims to; first, find out the implementation of principles which complicate divorce occurance at Religious Court Payakumbuh based on Constitution Number 1 Year of 1974 About Marriage; second, find out the effect of principle which complicates divorce occurance on divorce itself at Religious Court Payakumbuh.The type of this research could be categorized into sociological research. This research was conducted at Religious Court Payakumbuh, while the population and sample were the parties related to the problem being investigated. Data collection was done by using interview and literature study techniques. Data analysis used qualitative data analysis and in taking conclusion the author used deductive method.The result of the research and discussion shows that the implementation of principle which complicates divorce occurance at Religious Court Payakumbuh is implemented in accordance with the procedure regulated by the constitution and other rules. Started from the entrance of lawsuit to the court by related parties, the implementation of peace process in each trial, mediation implementation, and argumentation implementation by the parties in the trial. The effect of this principle in Religious Court Payakumbuh is not really significant because even though the implementation has been done as maximal as possible but in the end the decision depends on the heart problem of the related parties.Keywords: The principle of complicating divorce occurance-Divorce-religious court
WANPRESTASI DALAM PERJANJIAN PINJAMAN PADA CREDIT UNION SADA NIOGA DI DESA GUNUNG MERIAH KABUPATEN DELI SERDANG SUMATERA UTARA LOPIANTI BR SEMBIRING; Hayatul Ismi; Hengki Firmanda S
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The activity of lending and borrowing money has been carried out for a long time in people's lives who recognize money as a means of payment. The lending and borrowing relationship can be made by an agreement between the borrower (debtor) and lender (creditor) as outlined in the form of an agreement. The debt and receivable agreement in the Civil Code can be identified with a loan and borrowing agreement, namely a loan and loan agreement in the form of money on condition that the borrower will replace it with the same amount as when borrowing. Regarding lending and borrowing, it is also stated in Article 1754 of the Civil Code, namely "Lending and Borrowing is an agreement in which one party gives the other party an amount of goods that have been used up, provided that the latter party wants to return the same amount of the same type and quality". In general, the word cooperative comes from the word "Ko" which means together and "operation" which means work, so cooperatives mean working or trying together, the International Cooperative Alliance (ICA) defines cooperatives as follows "Cooperatives are groups of people or body units. whose members jointly help each other by limiting profits and their business must be based on cooperative principles. Credit Union (CU) comes from Latin, namely Crede which means trust and Unio which means association, so it can be interpreted that Credit Union is a movement of associations that trust each other. The Lending Program at CU Sada Nioga itself is also a credit or lending activity that uses low interest. This makes members who are members of the cooperative feel lighter and more confident in increasing their business. Loans made by members will get a loan interest of 2%. However, even though some of these principles have been explained, there are still some members who are negligent in carrying out their obligations. There are eight (8) people who have never made loan installment payments and made negligence as according to R. Subekti, namely "Carrying out what was promised, but not as agreed".Keywords: Default, Loan Agreement, Credit Union
PENCANTUMAN LABEL HALAL PADA PRODUK MAKANAN RUMAHAN BERDASARKAN UNDANG-UNDANG NOMOR 33 TAHUN 2014 TENTANG JAMINAN PRODUK HALAL DI KOTA PEKANBARU Rany Angraini; Zulfikar Jayakusuma; Hengki Firmanda
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 application of halal labels on home-cooked food products in the city of Pekanbaru is still not running optimally. The reality is that there are still many home-cooked food products that are not halal-certified. In fact, Law Number 33 of 2014 concerning Halal Product Guarantee has stipulated this. The purpose of writing this thesis: first, to find out the application of halal labels to home-cooked food products based on law number 33 of 2014 concerning halal product guarantees in the city of Pekanbaru. Second, the legal consequences for producers who do not include halal labels on home-cooked food products based on law number 33 of 2014 concerning guarantees for halal products in the city of Pekanbaru.From the results of the study, the application of halal labels to home-cooked food products in the city of Pekanbaru is divided into several provisions, first, the application of halal labels to home-cooked food can be said to have not been implemented optimally. The absence of an obligation for business actors to register for halal certification is a separate gap for not agreeing to this. If we look further, the business actors who are the sample in this study are classified as middle and upper business actors and have above average income. Materially, of course, it does not become an obstacle for them to register for halal certification. The halal guarantee law only regulates the application of halal labels for business actors who have obtained halal certification, not on the obligation of business actors to register halal certification. There is no obligation for business actors to register the halal label itself. Second, the legal consequences for producers who do not include halal labels on home-cooked food products based on Law Number 33 of 2014 concerning Guaranteed Halal Products in the city of Pekanbaru can be said to have not run optimally. This is because there are no special provisions regarding legal consequences for business actors who do not register halal certification on the food packaging produced. Keywords: Halal Label – Business Actor - Consumer
Perlindungan Hukum Debitur Terhadap Fintech Berbasis Aplikasi Yang Tidak Terdaftar Di Otoritas Jasa Keuangan Provinsi Riau Melly Carolina Bangun; Hayatul Ismi; Hengki Firmanda
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The development of the digital era of technology in Indonesia is very rapid nowadays, which affects people to be able to access the latest information, and makes it easier for people to complete their work quickly and effectively with the availability of electronic service features. One of the technological developments that has become a trending topic in Indonesia today is Financial Technology (FinTech). In banking itself, it has adopted Financial Technology, which digital banking consists of (Internet Banking, M_Bangking, SMS banking, Phone Banking, and ATM). However, over time, many FinTech Start-Ups have sprung up that offer various conveniences to the public that put banking at risk.This type of research is a sociological juridical research, because the author examines the problems that occur. The research was conducted at the Financial Services Authority of Riau Province, while the population and sample were all parties related to the problems studied in this study, the data sources used, primary data, secondary data and tertiary data, data collection techniques in this study were carried out by interviews. and literature review.Based on the role of the financial services Authority (OJK) in providing legal protection for online loan recipients. With the victims of online loans who don't know what they have to do to get their rights. The OJK Regulation states how the role of the OJK is in providing information, education and also complaint services for people experiencing problems in the banking sector and also in fintech. The thing that makes the author interested in knowing how the role of the Financial Services Authority (OJK) in providing legal protection for online loan recipients is not registered in an online-based loan and borrowing agreement according to the Financial Services Authority Regulation Number 77 / POJK.01 / 2016 regarding lending and borrowing money services based on information technology (OJK Riau Province case study).From the results of research conducted by the author at the Financial Services Authority (OJK) in providing legal protection for illegal online loan recipients in the Online-Based Lending and Borrowing Agreement. Here the role of the OJK is not really felt by its presence in the community regarding information and education by disseminating it to the public about fintech. In the OJK Regulation it is stated that OJK is in charge of providing information, education to the public and providing complaint services to the public. In addition, OJK has also not made a regulation whereby an organizer or lender cannot operate without obtaining a license or permit from the OJK, considering that there are many illegal operators who have not obtained OJK's license but are already operating.Keywords: Financial Technology –Legal Protection – Ilegal Online
PENYELESAIAN SENGKETA TANAH SAWAH GILIR GANTI PADA MASYARAKAT HUKUM ADAT KERINCI David Herlambang; Zulfikar Jayakusuma; Hengki Firmanda S
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Dispute resolution is expected not only to win or lose but to try to reach an agreement between the parties in dispute with consensus and win-win solution This article describes how the settlement of disputes that occur in the Kerinci customary law community in the Regency Kerinci, Jambi Province. Writing this article is taken from the results of research with this type of research conducted with the type of research to be used is sociological juridical (empirical legal research) that is empirical studies to find theories about the process of occurrence and about the process of working of law in society. Efforts to resolve disputes through mediation certainly do not always succeed in achieving peace between the disputing parties. The problem that often occurs in the Kerinci customary law community is the problem of managing the shifting paddy land instead of the Kerinci customary law community which is a typical inheritance system belonging to the Kerinci indigenous people. Settlement of disputes in Kerinci customary law has 4 levels, namely kitchen institutions, institutions, traditional institutions and natural institutions. The dispute resolution process began in stages starting from Tengganai to Depati. The purpose of writing this thesis is first To find out the management system of the shifting paddy field system in the Kerinci customary law community, second To find out the settlement of the dispute from the rotating paddy field using Kerinci customary law in the Kerinci customary law community and third As a brainstorm of the writer's thoughts on the alma mater in adding khasanah civil law and customary law relating to the resolution of the rotating paddy field dispute in the Kerinci customary law community.Keywords: Indigenous Institutions, Legal, Dispute Resolution
Co-Authors Abdul Rahim Hakimi Agrina Agrina Agrina, Agrina Ahmad, Jafar Akbar, Muhammad Fauzi Allifa Amelia Alparon Azwari Andre Antonius Andrikasmi, Sukamarriko Arif Purnama Irawan Aulianti, Yeyen Besri Nasrul Chairul Chairul Chairul, Chairul Dahlan Tampubolon Daqiqil Id, Ibnu Darnia, Meriza Elpha Dasrol, Dasrol David Herlambang David Rahmadan Dian Lioni Putri Dodi Haryono Elpi Sahara Emilda Firdaus Erdiansyah Erdiansyah Erdianto Effendi Evi Deliana HZ Fajar Adiguna Febrialismanto Febrialismanto Febrialismanto, Febrialismanto Firdaus Firdaus Firdaus Firdaus Firdaus Firdaus Fiska Nadia Geovani Meiwanda Gian Juliano GM Manik, Rahmat Harni Lisa Fitri Harpita Dwi Cahyani Hasanah Hasanah Hayatul Ismi Hellen Lastfitriani Hengki Rafles Rajagukguk Heni Susanti, Heni Hidayat, Defril Hilmi Ismail Ika Ariani Kartini Indah Septipah Indra Lesmana Indra Lesmana Indra Lukman Siregar Indriani Indriani Ira Ira Sinta Azlina JASED EFENDI Juan Piaz Nainggolan Juhansar Andi Latief Kabul Hasyim Kemas Muhammad Gemilang KENNISA MAHARANI Kifli Raji Kurnia, Deby Labib Muttaqin Lestari, Leny Lioni, Tia LOPIANTI BR SEMBIRING M. Alpi Syahrin Maghfirah Maghfirah Manik, Rahmat Gm. Mardalena Hanifah Maria Maya Lestari Maryati Bachtiar Maryati Bahtiar Maulidya Triyananda Meidana Pascadinianti Melly Carolina Bangun Meriza Elpa Darnia Mexsasai Indra Mumaddun Khaerudin Salami Mumaddun Khaerudin Salami Mutia Fauzana Nabella Puspa Rani Nadia, Fiska Nindia Putri Darlusi Nurahim Rasudin Nurhazlina Afia Olivia Regina Putri Panggabean, Mey Sry Rejeki Putri Maharany Ayu Hasibuan Putri, Indah Perdana Putri, Yunda Agusti Radith Mahatma Radith Mahatma Rahmad Hendra Rahmadani, Sutri Rahmat GM Manik Rancy Cantika Rany Angraini Rika Lestari Rika Lestari Rika Syafitri Rio Satria Harahap Romi Kurniadi Rosa Nikmatul Fajri S Sudjito Saidul Akmal Salami, Mumaddun Khaerudin Samaratul Ismi Samaratul Ismi Samariadi, Samariadi Sarah Salsabiila Setia Putra Situmeang, Lincana Putri Soja Juandre Sri Endang Kornita Suci Rahmadani Sudjito Soeparman Suhardi Suhardi Supaat, Dina Imam Tamana, Michelle Tania Enjelina Parhusip Tatit Hariyanti Tumorang, Ria Cici Ulfa Shabrina Ulfa, Aniza Nahdatul Ulfia Hasanah Viona Margaretha Wafi, Mahmud Hibatul Wan Puji Alivia Yusuf Wangi Nurul Husna Zahtamal Zahtamal Zulfikar Jayakusuma Zulfikar Jayakusuma Zulfikar Zulfikar