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ANALISIS YURIDIS PERTANGGUNGJAWABAN PIDANA PEMBUAT STEMPEL YANG DIPERGUNAKAN KONSUMEN UNTUK TINDAK PIDANA DIKAITKAN DENGAN AJARAN KAUSALITAS Fauziah, Putri; Effendi, Erdianto; Putri, Adi Tiara
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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In the Penal Code (Penal Code) article 263 governs the crime of mail forgery. There are several actions that belong to the type of mail forgery, one of which is the creation of stamps that can cause the stamp maker to also be held accountable. But in reality, the stamp was only used as a means of evidence in the trial. This is known from the example of the Case Verdict Number: 1293/Pid.B/2018/PN. Pekanbaru with defendant Agus Salim Ahim, Number:325/Pid.B/2013/PN. Pekanbaru with defendant Masrizal, and Number: 423/Pid.B/2017/PN. Pekanbaru with defendant Madi Permana Sesa states that the stamp is only used as a tool of evidence seized for destruction. Criminal liability is often also associated with the doctrine of causality. Causality is used as a "filter" in establishing a person's criminal accountability. As a filter, causality will filter out any factual actions committed by the perpetrator, after the factual action is netted the next will be sought legal action. By finding his legal action, a person will be held accountable.The crime of stamp forgery is already very detrimental to society. Many stamps from various government agencies are often forged by the public and even State officials. Not all actions proven by the elements can lead to the perpetrator being punished if he or she cannot be blamed so criminal responsibility cannot be held. In practice many cases involving people in good faith are also held responsible for such crimes. One of them is a stamp maker. But as the basis of the judge's consideration in making a verdict is generally the same. The purpose of writing this thesis is; first, To know the accountability of stamp makers that consumers use for criminal acts is associated with the doctrine of causality. Secondly to know the consequences of the breadth of criminal liability is associated with the doctrine of causality. This type of research is normative research, using an analytical approach. This method of thesis writing research uses normative juridical methods.Keywords :Criminal Liability, Forgery, Stamp Maker, Doctrine Of Causality

PELAKSANAAN TANGGUNG JAWAB SOSIAL PERUSAHAAN (CORPORATE SOCIAL RESPONSIBILITY) PT TOBA PULP LESTARI TBK DI BIDANG PENDIDIKAN DAN KESEHATAN TERHADAP MASYARAKAT DESA PANGOMBUSAN KECAMATAN PARMAKSIAN KABUPATEN TOBA SAMOSIR R. Simanjuntak, Risma; Firdaus, Firdaus; Putri, Adi Tiara
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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This research discusses the implementation of corporate social responsibility of PT Toba Pulp Lestari Tbk in the field of education and health to the community of Pangombusan Village, Parm testimonial, Toba Samosir Regency. Corporate Social Responsibility (CSR) is an ongoing commitment from the business community to act ethically and contribute to the economic development of the local community or local community. Based on Article 74 paragraph (1) of the Limited Liability Company Law, hereinafter referred to as UUPT, each company is required to budget and run a CSR program for the environment and the community The community wants the company's existence to contribute to people's welfare. The purpose of writing this thesis, namely; first, to find out how the implementation of PT Toba Pulp Lestari Tbk's corporate social responsibility in the field of education and health to the community of Pangombusan Village, Parmempuan Subdistrict, Toba Samosir Regency, second, to find out what the obstacles of PT Toba Pulp Lestari Tbk in the implementation of corporate social responsibility in the field of education and health for the community of Pangombusan Village, Parm testimonial, Toba Samosir Regency. The type of legal research used by the author is the type of sociological legal research. This research was conducted at PT Toba Pulp Lestari Tbk. Sociological law research uses primary data and secondary data, while the population and sample are parties related to the problem under study, namely the company and the community. Data collection techniques in this study were literature review, interviews and questionnaires. From the results of this study the authors conclude that the implementation of CSR in the field of education and health carried out by the company has not been implemented properly because there are still several programs that have not been implemented optimally. Barriers to the implementation of CSR in the field of education and health experienced by the company is that planning is made sometimes not in accordance with the target, community response, proposals from the community, budget funds. Keywords: Corporate Social Responsibility - Company - Societ

IMPLEMENTASI PASAL 277 UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN TERHADAP ANGKUTAN BARANG YANG OVERDIMENSI DI WILAYAH KABUPATEN KAMPAR Aprianti, Gusni; Effendi, Erdianto; Putri, Adi Tiara
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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Overdimensional vehicle is a vehicle modified which is conducted by people top workshop basic request from the vehicle owner this overdimensional vehicle modified body height and width plus aims to be able to transport loads which uses less cost. The formulation of the problem in this research is how is the implementation of Article 277 of Law Number 22 Year 2009 concerning Road Traffic and Transportation in the Kampar District Region, and what are the obstacles and efforts to implement Article 277 of Law Number 22 Year 2009 Concerning Traffic and Road Transportation in the Kampar District Region. This research is classified into sociological legal research viz approach the problem under study with the nature of the real law or in accordance with the reality of life in society, this study wants to see the correlation between law and society so that it reveals the effectiveness of law enforcement in society.Implementation of Article 277 of Law Number 22 Year 2009 concerning Road Traffic and Transportation, the sanctions provided for in article 277 have never been applied, So far, in Kampar regency, vehicles that are overdimensional when they are caught in raids are only given tickets or administrative sanctions. Obstacles and efforts to implement Article 277 of Law Number 22 Year 2009 Concerning Traffic and Road Transportation in the District of Kampar, many vehicle owners don't know that overdimensional vehicles can endanger the lives of others, and they don't know much about the rules governing overdimensional vehicles, many vehicle owners who depend on their vehicle for their needs, that is what makes it difficult for law enforcers to apply article 277. The first attempt is to explain or provide socialization to vehicle owners and drivers about overdimensional vehicles and also to explain anything caused by overdimensional vehicles, good cooperation between the transportation department and the police, and impose strict sanctions on vehicle owners who have recorded their vehicles several times.Keywords: Implementation - Overdimensions - Freight Transport

PENDEKATAN TERHADAP KEBIJAKAN NON PENAL DALAM PENANGGULANGAN TINDAK PIDANA KORUPSI YANG DILAKUKAN OLEH APARATUR PEJABAT PEMERINTAHAN DAERAH Tiami, Wan Qatrunnada; Rahmadan, Davit; Putri, Adi Tiara
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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Since the enactment of Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption and the amendment to Law Number 21 of 2001 concerning the Eradication of Criminal Acts of Corruption, it has not yet reached the point of success expected in Indonesia. This itself uses a penal policy (criminal law policy), but the penal policy is not effective in eradicating corruption, therefore other policies are needed, namely non-penal policies (policies outside of criminal law) in eradicating corruption.This research will be structured using normative juridical research, namely research that is focused on examining the application of rules or norms in positive law. The approach used in this research is to use a normative approach that is using the principle of legality. Data sources are supported by primary data sources, secondary data, and tertiary data. The data collection technique used is literature review. After the data is collected, it is analyzed qualitatively, and draws conclusions using the deductive method of thinking, namely analyzing the problem from a general form to a special form.Keywords: Corruption-Policy-Nonpenal

Tinjauan Yuridis Mengenai Pembelaan Terpaksa (Noodweer) Sebagai Alasan Penghapus Pidana (Studi Putusan Nomor: 1/Pid.Sus-Anak/2020/Pn Kpn) Situmorang, Lina Dwita Damryani; R, Mukhlis; Putri, Adi Tiara
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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The reason for the annulment of punishment is a regulation that is primarily aimed at judges. This regulation stipulates the various circumstances of the perpetrator, who have fulfilled the formulation of offenses as stipulated in the Law, who should be convicted, but not convicted If a person who makes a forced defense which is the reason for the annulment of punishment, is later found guilty of his treatment, then this is clearly contrary to the substance of the rule of law itself as in Article 49 of the Criminal Code.This study will examine the subject matter according to the scope and identification of the problem through a normative juridical approach, with the analysis of Decision Number 1 / Pid.Sus-Anak / 2020 / Pn Kpn. Based on the normative research method, the data source used in this study is a secondary data source consisting of 3 legal materials, namely: primary legal materials, secondary legal materials, tertiary legal materials. Data collected from literature study.Then from the results of the research related to the noodweer, there were cases related to forced defense, including in Decision Number 1 / Pid.Sus-Anak / 2020 / Pn Kpn which started from the perpetrator who made a forced defense by committing acts of persecution which led to the death of a person. , was convicted and convicted as a perpetrator of a criminal act of maltreatment and ended in the defendant being convicted by imposing a punishment for Development in an Institution at a Child Welfare Institution for 1 year. This is certainly contrary to Article 49 of the Criminal Code, which should not be punished, especially because the perpetrator is a child.Keywords: Application of Forced Defense (Noodweer) - Decision Number: 1/Pid.Sus-Anak/2020/Pn.Kpn

TINJAUAN YURIDIS PENERAPAN PERATURAN MAHKAMAH AGUNG NOMOR 3 TAHUN 2017 TENTANG PEDOMAN MENGADILI PERKARA PEREMPUAN BERHADAPAN DENGAN HUKUM DALAM KASUS BAIQ NURIL Defi, Delvita Eri; R, Mukhlis; Putri, Adi Tiara
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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This research discusses the application of Supreme Court Regulation No.3 of 2017 concerning Guidelines for Adjudicating Women's Cases in Contrasts with the Law. This Supreme Court Regulation (PERMA) contains the basics in the concept of gender equality, how judges should behave and what judges should not do in court. One example of a case that does not apply the Supreme Court regulation (PERMA) Number 3 of 2017 concerning Guidelines for Adjudicating Women's Cases against the Law, namely, the case of Baiq Nuril Maknun in Cassation Decision 574.K / Pid.Sus / 2018. Where in this case, Baiq Nuril Maknun is a woman who is facing the law for a case of verbal sexual violence by her superior, Haji Muslim. However, the victim was instead made the perpetrator based on what he had done in order to defend his dignity. The purposes of writing this thesis are: First, to find out the application of Supreme Court Regulation Number 3 of 2017 concerning Guidelines for Adjudicating Women's Cases Against the Law in the Baiq Nuril Maknun case. Second, to find out the legal consequences for the victim's cassation decision in the Baiq Nuril Maknun case who did not pay attention to Supreme Court Regulation Number 3 of 2017 concerning Guidelines for Adjudicating Women's Cases Against the Law in terms of Victim Blaming.The type of research used in this legal research is the normative juridical method. The data analysis used is qualitative analysis. In drawing conclusions, the author uses the deductive thinking method, which is a way of thinking that draws conclusions from general statements or propositions into certain statements. From the research results, there are two main points that can be concluded. First, justice for the defendant Baiq Nuril Maknun in decision Number 574.K / Pid.Sus / 2018 has not been fulfilled, because the Supreme Court judge (MA) in deciding the Baiq Nuril Maknun case did not apply or was not guided by the Supreme Court Regulation Number 3 of 2017 concerning Guidelines for Adjudicating Women's Cases against the Law. so that the objectives of the law do not achieve a sense of justice, legal certainty and benefit. Second, the legal consequences for the victim, namely the convicted person Baiq Nuril Maknun, the judge did not side with the victim, blaming the victim (victim blaming), namely Baiq Nuri Maknun as the perpetrator. Resulting in Baiq Nuril Maknun as a victim of verbal sexual violence against the victim's physical, psychological and social conditions. Keywords: Victim- Sexual Violence- Victim Blaming

PERLINDUNGAN HUKUM TERHADAP PENGUNGKAP FAKTA (WHISTLEBLOWER) DALAM HUKUM POSITIF DI INDONESIA Rosmawati, Rosmawati; R, Mukhlis; Putri, Adi Tiara
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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Legal protection is a form of service that must be provided by the government to provide a sense of security to every member of society as well as to whistleblowers. Whistleblowers have a big risk when disclosing a crime, such as threats in the form of terror, loss of life, and are likely to harm themselves related to the information they provide which leads to defamation and back-reporting. In positive law in Indonesia, it does not specifically regulate the protection of whistleblowers, the regulations are implicitly contained in Law Number 13 of 2006 concerning Protection of Witnesses and Victims, Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection Witnesses and Victims, followed by Circular Letter of the Supreme Court (SEMA) Number 4 of 2011 concerning the Treatment of Whistleblowers and Offender Witnesses who collaborate (Justice Collaboration) in Certain Criminal Acts. Even though it has been regulated in several laws and regulations, this does not guarantee protection for whistleblowers in disclosing criminal acts that they know about without fear of retaliation against boththemselves and their families.This study uses a normative juridical approach to find legal norms and norms that constitute criminal law policy in formulating whistleblower protection, using secondary data as a data source. Methods of data collection in a normative juridical approach in this study using literature study techniques. The purpose of this study is to determine the guarantee of legal protection against whistleblowers, to know the weaknesses of legal protection guarantees against whistleblowers, and to know the idea of legal protection for whistleblowers in positive law in Indonesia.From this research it can be concluded that the guarantee of protection against whistleblowers is still lacking due to criminalization or back reporting of whistleblowers. There are no specific regulations governing the protection of whistleblowers where the regulations are still concise, partial, sectoral and scattered in several regulations. The number of institutions that regulate the receipt of reports from a whistleblower with the respective potentials of authority will cause their own problems. Therefore, there is a need for renewal of legal substance, renewal of legal and institutional structures in legal protection for whistleblowers.Keywords : Guarantee - Legal Protection - Whistleblower

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