Garuda - Garba Rujukan Digital

Kajian Yuridis Batas Waktu Tinggal Pengungsi Di Negara Transit Berdasarkan Hukum Pengungsi Internasional Pangestu, Devin Catur; Jayakusuma, Zulfikar; Putri, Adi Tiara
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Migration has a long history that concists of many motives. Migration flow phenomenon are gettingworse by political conflicts in some of the Asian and African countries. The migrant often to be called asrefugees. The migration process that has been done are not obedient according to migration acts or theillegal migration could cause threat towards sovereignity, security, social life, and economy even it couldcause threat towards a nation’s ideology. From this problems background, there are issues which are first,how is the International Refugee Law regulate the living duration standards in the transit state? Secondly,how is the application of the regulation minding the living duration standards for refugees in the transitstate? The purposeof this thesis is to acknowledge the living duration standards according to InternasionalRefugee Law and to understand the living duration standards in transit state.The research conducted can be classified as legal-normative methode. This research is specified on theapplication of non-refoulement pricipal also the law systematic towards convention and regional regulation.Concluded from this research, first, the regulation related to living duration standards for refugees inthe International law is yet not confirmed in Geneva Convention 1951. Although, regional regulation.Secondly, the application of living duration standards in the transit states are having few problems,commonly caused by the unregulated issues related to living duration standard. Refugees are considered asillegal immigrants, and that is why they were located in certain place and they could not get their way out(detention).Keywords: Refugees-Transit State-Living Duration Standards

PELAKSANAAN KEWAJIBAN ORANG TUA TERHADAP ANAK DISABILITAS DI SEKOLAH LUAR BIASA NEGERI PEMBINA PEKANBARU DALAM PERSPEKTIF HUKUM PERDATA Khairani, Khairani; Firdaus, Firdaus; Putri, Adi Tiara
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Marriage creates a legal relationship between parents and children. In Article 45 of Law Number 1 of 1974 concerning Marriage states (1) Both parents are obliged to maintain and educate their children as well as possible (2) Parental obligations referred to in paragraph (1) of this article are valid until the child marries or can stand alone obligations continue even though the marriage between the two parents breaks up.The problem that the author makes in this study is the implementation of the obligation of parents to children with disabilities in Sekolah Luar Biasa Negeri Pembina Pekanbaru. Research methods are juridical empirical or sociological legal research. The data sources used in this study are derived from primary data and secondary data. Data analysis using qualitative data analysis.The results of this study about the implementation of the obligations of parents to children with disabilities in Sekolah Luar Biasa Negeri Pembina Pekanbaru in the perspective of civil law that regulates the obligations of parents still found deficiencies in its implementation. There are still parents who do not know the development of their children and the presence of disability children who are missing. The conclusion if referring to Article 45 paragraph 1 of Law Number 1 Year 1974 concerning Marriage that parents have not been good at taking care of their children.Keywords: Children, Disability, Obligations, Parents. Alimentation.

PELINDUNGAN PETUGAS MEDIS DAN KEMANUSIAAN DALAM KONFLIK BERSENJATA BERDASARKAN GENEVA CONVENTION FOR THE AMELIORATION OF THE CONDITION OF THE WOUNDED AND SICK IN ARMED FORCES IN THE FIELD OF 12 AUGUST 1949 (KONVENSI JENEWA I TAHUN 1949) Dwianto, Aditiya Rizki; Deliana, Evi; Putri, Adi Tiara
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Definitively, war / armed conflict is the highest condition of a form of conflict between people. As a result of armed conflict in several studies mention that in humans there is an instinct to injure or attack, so it takes the limitations and regulations regarding the laws of war or what is known today is humanitarian law. the main purpose of humanitarian law is to provide protection to those who suffer / become victims of war, both those who are actually / actively participating in hostilities (combatants) or not participating in hostilities (civilians / non-combatants), including medical officers and volunteers humanity. In fact, the protection of medical personnel and humanitarian volunteers in an armed conflict or war is very difficult to guarantee and implement in an ideal and consistent manner in accordance with the provisions of the law. Whereas medical workers and humanitarian volunteers should have guaranteed protection.This research uses the typology of normative legal research, which more specifically discusses the principles of law. In this study the authors use the nature of descriptive research, because the authors describe the protection under the Geneva Convention of the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August 1949 (Geneva Convention I of 1949) in protecting Medical Officers during Conflict Armed. The results of the research conducted by the author are, firstly the position as medical and humanitarian officers in armed conflict is included in non-combatants. The position of medical and humanitarian officers has been protected by the Geneva Conventions. Geneva law protects medical personnel and humanitarian volunteers in all circumstances, but in return, they must also be neutral. Second, the form of protection for medical officers and humanitarian volunteers is something that is considered a general rule in war. Third, based on the National Mechanism According to the Geneva Conventions of 1949 and the Additional Protocol of 1977, namely the enforcement of Humanitarian Law which is implemented based on a national judicial process. That is, if there is a case of violation of humanitarian law, the perpetrator will be prosecuted and punished based on national legislation and by using the relevant national justice mechanism. Based on the International Criminal Court, which can only be implemented if it turns out a country is unwilling and unable (Unwilling and Unable) to prosecute crimes that fall within the scope of the competence of the International Criminal Court.Keywords: Protection - Medical Officers - Humanitarian Volunteers – Armed Conflict - Geneva Convention.

ASPEK HUKUM INTERNASIONAL MILITERISASI DI RUANG ANGKASA (STUDI KASUS MILITERISASI RUANG ANGKASA OLEH AMERIKA SERIKAT) Sigi, Immanuel; Kusuma, Zulfikar Jaya; Putri, Adi Tiara
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

In 2019 The United Stetes creates a space force command that called as The United States Space Command the purposes are to empower capabilities of United States military so it can prevent or support future conflict.By legitimating its action on national security purpose it is appeared new issues on others country about their right of using outer space. This type of research can be classified as normative legal research Legal research is carried out by examining library material or mere secondary data.As a results of the research problem, there are the main things that can be considered. First, uridical studies on militarization of space according to international law has not regulated comprehensively on international sistem. However, every country prohibited to place or instal on the orbit or arround the earth or on celestial body of anything that could carrying nuclear weapons. Beside that, every country incorporated in the agreement is prohibited from forming military bases, forming installations and testing all types of weapons and military maneuvering behavior on celestial bodies.United Statess authority on establishing, developing, dan conducting militarization of space are contradicted on many Resolutions that adopted and made by the United Nations and international treaties. American violations of many Resolutions adopted and made by the United Nations and international treaties are a form of inconsistency of the United States on its role to maintain world stability and security.Keyword :Militerisation, Outer space, Security.

TINJAUAN YURIDIS TINDAK PIDANA KEKERASAN TERHADAP ANAK DARI PERSPEKTIF HUKUM PIDANA NASIONAL DAN HUKUM PIDANA ISLAM Ramadhana, Rhizkita; Effendi, Erdianto; Putri, Adi Tiara
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Violence against children in Indonesian national law is a crime. Violence against children is often identified with invisible violence, such as physical and sexual violence. In fact, psychological and social (structural) violence also has a negative and permanent impact on children. In Islamic Law, physical violence against children includes the act of Jarimah (Arabic), which is an unlawful act in which the offender receives a sanction or punishment . Besides that basically all religions reject violence as a principle in carrying out an act of immoral nature that requires coercion of other parties which means violation of the principle of freedom of social interaction.This type of research can be classified into normative juridical type of research, namely research conducted by examining literature discussion with secondary data sources consisting of primary legal material in the form of legislation, secondary legal materials, legal books, and tertiary legal materials in the form of dictionaries. Then the data were analyzed qualitatively, namely analyzing descriptive data obtained from secondary data.From the results of the study it can be concluded that, first, if in national law the types or forms of violence are categorized into two, namely severe maltreatment and minor maltreatment. Whereas in Islamic criminal law, violence is categorized into three, namely deliberate maltreatment, semi-deliberate maltreatment, and inadvertent maltreatment. The form of sanctions that are applied in national law for acts of violence against children is regulated in Article 80-82 of Law Number 35 Year 2014 concerning Child Protection, and in Islamic criminal law sanctions are given according to the category of violence, which can be in the form of qishas, diyat punishment, or ta'zir punishment. Second, the value of regulating children in the Islamic criminal law system when compared with positive law both have many significant differences. Values that can be adopted into national law, one of which is the application of penalties / sanctions to perpetrators by applying the qishas penalty, diyat punishment, or ta'zir punishment, legal protection for victims of crime as part of protection to the public, can be realized in the form of providing compensation directly to child victims not to the State.Keywords: Criminal Acts - Violence in Children - National Law - Islamic Criminal Law

Implikasi Prinsip Exhaustion Terhadap Sengketa Impor Paralel Merek Dagang (Trademark) Dhiaulhaque, Nada; Jayakusuma, Zulfikar; Putri, Adi Tiara
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Marks is a name and/or symbol that is used by a company that has been developed by the companyto symbolized their reputation and to placed their products in the market. Lately, in the revolution oftrading, one of the problem that are oftenly happens are parallel imports. Parallel imports is a confusingoccurance, in one hand it is a distribution of original products the other hand its distribution is notpermitable by the intellectual property rights holder and/or licensor. Parallel imports occurs ininternational trade and it is hard to solve it, every state has their own “exhaustion of rights”.This research used a normative research methode, it’s starting points begins from the lawperspective field (textual), with identifying to its formulable norm. This research is descriptive research todescribe the actual event when the research was held, through collecting data and interpretated one anotherso it will give a proper formula and analysis to the existing problem. The data source is secondary soucethat consist of primary material, secondary material, and tertier material.From this research we can conclude, first, exhaustion of rights that occur within the article 6 ofTRIPs always become the loophole for the parallel imports defendants, with the exhaustion of rights withinthis upnormal situation, it could give a long-term effects to the product that are effected by the parallelimportation. Starting from the reduced investment, hampered innovation, goodwill contaminated, also therapid development of channels of parallel import of sheltering the perpetrators behind article 6 TRIPs.Secondly, exhaustion of rights that is happening within every state would be different in their application.This depends on what kind of “exhaustion” they’re using. The exhaustion of rights also affect how theintellectual property rights holder exclusive right and/or the licensor in controlling of their products.Keywords : Parallel Imports, Trademark, Exhaustion of Rights, Exclusive Right, Intellectual Property Right.

TINJAUAN YURIDIS TERHADAP DISPARITAS PEMIDANAAN PUTUSAN HAKIM DALAM TINDAK PIDANA PEMBUNUHAN BERENCANA PERKARA NOMOR 742/Pid. B/2016/PN Pbr DENGAN PUTUSAN NOMOR 323/Pid.B/2016/ PT Pbr Juliani, Chaterine; Effendi, Erdianto; Putri, Adi Tiara
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

In the same case, the law has a different regulation. In legal science commonly known as disparity (disparity of sentencing). According to Oemar Seno adji, disparity is justifiable as long as it is done properly. In writing this thesis the author discusses the problem of Criminal Disparities in Criminal Acts of Murder. Is the factor in the disparity in the decision of the judge in case No. 742 / Pid.B / 2016 / PN Pbr with case No. 323 / Pid.B / 2016 / PT Pbr. What is the ideal application of the disparity in a judge's decision? The research method used is a normative jurdical method in relation to substantive justice. The results showed that in deciding a judge's case subject to Article 197 of the Criminal Procedure Code, namely the judge must have his own judgment in determining the severity or severity of the sentence to be handed down to the defendant, through proof of material in court to support the conclusions in the judge's judgment.The results of this study are that in deciding a case, a judge pays attention to matters or methods accordingly and fairly as there is no political interest, personal interests that can harm either party. In this murder case, a defendant with the initial ZG was sentenced to a nine (9) year prison sentence in the Pekanbaru District Court, but the public prosecutor appealed, and in the Pekanbaru High Court after seeing, examining, and examining the case based on facts, evidence and witness testimony of the defendant then sentenced him to a twelve (12) year prison sentence.Keywords: Disparity-Court Decisions-Judge Considerations

IMPLIKASI PARIS AGREEMENT 2015 TERHADAP KEBIJAKAN PEMERINTAH INDONESIA DI SEKTOR ENERGI DALAM MITIGASI PERUBAHAN IKLIM DI INDONESIA (KAJIAN PENGGUNAAN ENERGI BATUBARA DALAM PEMBANGUNAN DI INDONESIA) Nasution, Syafira Yasmin; Deliana, Evi; Putri, Adi Tiara
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

The ratification of an international agreement has implications for the obligation for the state to fulfill the commitment from the results of the ratification. In this case, Indonesia which has ratified the Paris Agreement 2015 has an obligation to adjust domestic policies to conform to the commitments in its Nationally Defined Contribution (NDC) document. The implications referred to in this study are the implications for policies in the energy sector in climate change mitigation efforts. Considering that the Indonesian Government issued electricity energy policies that have a negative impact on climate change mitigation efforts that are in accordance with their commitments.The type of research carried out can be classified by normative-juridical research where this research is conducted on the level of vertical and horizontal synchronization, toexamined the extent of which written positive laws that are harmonious. In this study, the data sources used were secondary data with primary, secondary, and tertiary legal materials carried out by means of library research.From the results of the research obtained, first, the implication of the Paris Agreement 2015 on energy sector policies in Indonesia is the existence of coordination and policy coherence in the energy sector by related institutions. However, the Indonesian Government still has difficulty in adjusting Indonesia's energy needs for national development with efforts to mitigate climate change in the energy sector. This has caused a lack of efforts by the Government to mitigate climate change in the energy sector. Secondly, mitigation efforts through the energy sector have been incorporated into the National Action Plan for Greenhouse Gases with commitments before the Paris Agreement 2015. There has been no review of these mitigation efforts causing Indonesia's commitment in the Paris Agreement 2015 to have no implications for mitigation efforts through the National House Gas Action Plan.Keyword : Paris Agreement 2015-Climate Change Mitigation-Indonesia Energy Sector Policy

TINJAUAN YURIDIS TERHADAP DISPARITAS PEMIDANAAN PUTUSAN HAKIM DALAM TINDAK PIDANA PEMBUNUHAN BERENCANA PERKARA NOMOR 742/Pid. B/2016/PN Pbr DENGAN PUTUSAN NOMOR 323/Pid.B/2016/ PT Pbr Juliani, Chaterine; Effendi, Erdianto; Putri, Adi Tiara
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

In the same case, the law has a different regulation. In legal science commonly known as disparity (disparity of sentencing). According to Oemar Seno adji, disparity is justifiable as long as it is done properly. In writing this thesis the author discusses the problem of Criminal Disparities in Criminal Acts of Murder. Is the factor in the disparity in the decision of the judge in case No. 742 / Pid.B / 2016 / PN Pbr with case No. 323 / Pid.B / 2016 / PT Pbr. What is the ideal application of the disparity in a judge's decision? The research method used is a normative jurdical method in relation to substantive justice. The results showed that in deciding a judge's case subject to Article 197 of the Criminal Procedure Code, namely the judge must have his own judgment in determining the severity or severity of the sentence to be handed down to the defendant, through proof of material in court to support the conclusions in the judge's judgment.The results of this study are that in deciding a case, a judge pays attention to matters or methods accordingly and fairly as there is no political interest, personal interests that can harm either party. In this murder case, a defendant with the initial ZG was sentenced to a nine (9) year prison sentence in the Pekanbaru District Court, but the public prosecutor appealed, and in the Pekanbaru High Court after seeing, examining, and examining the case based on facts, evidence and witness testimony of the defendant then sentenced him to a twelve (12) year prison sentence.Keywords: Disparity-Court Decisions-Judge Considerations

IMPLEMENTASI PEMBERIAN PERLINDUNGAN HUKUM TERHADAP PELAKU WHISTLEBLOWER PADA TINDAK PIDANA KORUPSI DI KOTA PEKANBARU Tomanda, Aviska Loveana; Effendi, Erdianto; Putri, Adi Tiara
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

The role of the whistleblower is very large to protect the country from more severe losses and violations of the law that occur. But the risks they face are also great when exposing crime, ranging from threats to security to being expelled from the agencies where they work. So the Whistleblower is important to get legal protection from the state. In recent cases there have been many whistleblower witnesses who withdrew their reports or testimonies because of threats and intimidation from the reported parties. This is because the implementation of providing legal protection for whistleblowers has not yet been implemented. Based on this fact, there are two problem formulations in writing this thesis, namely; First, the implementation of the form of providing legal protection for whistleblowers in corruption in Pekanbaru. Second, obstacles in the implementation of the provision of legal protection against whistleblowers in corruption in Pekanbaru.This type of research can be classified in the type of sociological legal research, because in this study the authors directly conduct research at the location under study in order to provide a complete and clear picture of the problem under study. This research was conducted at the Special Criminal Directorate of the Riau Regional Police, while the population and sample were all parties related to the problem under study, data sources used, primary data and secondary data, data collection techniques in this study were interviews and literature studies.From the results of the analysis of the problem it can be concluded first, the implementation of granting legal protection against whistleblowers in corruption in Pekanbaru is still very alarming where, the police have not been able to coordinate well with authorized institutions in this case LPSK in providing protection against whistleblowers so that many witnesses whistleblower retracts its report due to various threats from the reported party. Second, obstacles faced by the Riau Regional Police in implementing witness protection include the difficulty in administering the system to the LPSK (Witness and Victim Protection Agency), the budgetary factor for managing witness protection and the lack of witness and / or victim knowledge of the witness and victim protection law. From this analysis the authors suggest, first, the whistleblower must obtain adequate protection from the authorized institution. Second, good cooperation between law enforcers and authorized institutions is needed to ensure the legal protection of whistleblowers.Keywords: Implementation - Protection - Witnesses and Victims - Whistleblowers

Title

Found 17 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 17 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 17 Documents
Search