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All Journal Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Jurnal Ilmiah Hukum LEGALITY Jurnal Selat Jurnal Hukum Respublica Nagari Law Review Ilmu Hukum Prima Unri Conference Series: Community Engagement Community Empowerment Jurnal Cahaya Mandalika Balobe Law Journal Indonesian Journal of International Law Sibatik Journal : Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan PATTIMURA Legal Journal JUSTICIA SAINS: Jurnal Ilmu Hukum Jurnal Ilmu Hukum Riau Law Journal Journal of Public Representative and Society Provision Jurnal Pro Justitia (JPJ) Birokrasi: Jurnal Ilmu Hukum dan Tata Negara Welfare State Jurnal Hukum AL-DALIL: Jurnal Ilmu Sosial, Politik, dan Hukum aktivisme: Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia Multidisciplinary Indonesian Center Journal Melayunesia Law
Maria Maya Lestari
Universitas Riau
Religion Arts Humanities Computer Science & IT Earth & Planetary Sciences Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Public Health Social Sciences Other

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Hak Prerogatif Presiden Menerbitkan Peraturan Pemerintah Pengganti Undang�Undang Dengan Dasar Kegentingan Memaksa Panggabean, Pilipi; Lestari, Maria Maya; Artina, Dessy
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

One of the prerogatives of the President of the Republic of Indonesia is to issue a Government Regulation in Lieu of Law (Perppu). Article 22 of the 1945 Constitution explains that "In the case of a compelling urgency, the President has the right to stipulate government regulations in lieu of laws. The historical dynamics of laws and regulations in Indonesia show that the background for the issuance of Perppu by the president is generally different. This is due to the fact that the benchmark "Forcing urgency" is always multi-interpretable and the president's subjectivity is large in interpreting the "Forcing urgency" as the basis for the issuance of Perppu, in fact, there is often a proverb in the community that perppu is generally formed not because of a compelling urgency, but because of a President personal interest..This type of research can be classified as normative research with a statutory and historical approach. The data collection technique in this research is literature study, after the data is collected then analyzed to draw conclusions.The results of this study are: First, the prerogative of the President of the President to issue is obtained from the authority of the Delegative President which comes from the legislative authority. The Perppu which was formed on the basis of the urgency of forcing it should not limit Human Rights (HAM) and the president's interpretation in issuing the Perppu is no longer subjective but has been regulated by the Constitutional Court Decision No. 138/PUU-VII/2009. Second, the Perppu issued in 2015 – 2020 has fulfilled the element of coercion based on the Constitutional Court Decision Number 138/PUU/VII/2009.Keywords: President's Prerogative, Perppu, Forced Urgency.
PERAN ASEAN DALAM MENANGGULANGI PEMBAJAKAN KAPAL DI WILAY hafiza, aryen nur; Lestari, Maria Maya; Edorita, Widia
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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The Waters of Southeast Asia have important values for countries in theregion. The waters of Southeast Asia have a very high potential for conflictbecauseof the high activities, so more many a security threat, including the threat of ship piracy. The problmes of ship piracy is still going until today aand mostoften occursin the Malacca Strait, South China Sea, and the Sulu Sea. This type ofresearch wasnormative law. The analysis carried out is a qualitative analysis orresearch that isstated in writing.From the resulted of the researched problem, there were two points thatcan be concluded. First, ASEAN's role in tackling ship piracy was byestablishment of forums and regional cooperation to discussed existing threats. Second, the coastal states’ efforts in tackled ship piracy in the Malacca Straitwere by establisha Malacca Strait Patrol,in the South China Sea by establish theaASEAN Declaration on the South China Sea, and the last in the Sulu Sea by establish a Indomalphi’s Coordinated Patrol. The author's suggestion, First, itwas hoped thatASEAN can make a special rule regarding this crime of ship piracyto overcome it.Second, it was hoped that make a court or tribulal for a hijackers.Keywords: ASEAN, Ship Piracy, Southeast Asia, Malacca Strait Patrol,Indomalphi’s Coordinated Patrol.
Analisis Yuridis Pertanggungjawaban Pidana Terhadap Pemilik Domain Perjudian Di Internet Berdasarkan Perspektif Undang-Undang Nomor 19 Tahun 2016 Tentang Perubahan Atas Undang-Undang Nomor 11 Tahun 2008 tentang Informasi dan Transaksi Elektronik Simamora, Samuel Romulus; Lestari, Maria Maya; Erdiansyah, Erdiansyah
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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In connection with the gambling domain there are issues of jurisdiction and also challenges in the application of Article 27 paragraph 2 of the Electronic Information and Transactions Law and also in the application of other cybercrimes, namely the difference in jurisdiction between the dealer and the player. In Indonesia all gambling is prohibited, whereas in many countries gambling can be carried out after obtaining a permit from the government or based on certain conditions. One of the permits for gambling is that the game provides a financial contribution to the state through taxes. Indonesian law enforcement officials may find it difficult to collect evidence if the dealer and / or electronic system that processes gambling is outside the jurisdiction of Indonesia.If viewed from its type, this research is classified as normative legal research. The research proposed for the statutory approach is carried out by examining all laws and regulations related to the legal issue that is being handled. This research is descriptive, which is a study that aims to make a clear and detailed description of the problem.That the criminal liability for owners of gambling domains on the internet based on the perspective of Law number 19 of 2016 concerning amendments to Law number 11 of 2008 concerning Electronic Information and Transactions is based on deliberate errors and negligence committed by the gambling domain owner, so that Criminal liability can be imposed on people who own the gambling domain, especially in Indonesia because Indonesia itself in its legal regulations prohibits all forms of gambling, so that article 27 paragraph (2) of Law number 19 of 2016 may be subject to amendments to law number 11 years 2008 concerning Electronic Information and Transactions.Keywords: Criminal Liability, Cybercrime, Gambling Domain.
PENEGAKAN HUKUM TERHADAP PELAKU PERDAGANGAN HEWAN BELANGKAS BERDASARKAN UNDANG –UNDANG NOMOR 5 TAHUN 1990 TENTANG KONSERVASI SUMBER DAYA ALAM HAYATI DAN EKOSISTEMNYA DI KABUPATEN ROKAN HILIR Hasbillah, Rahmat; Lestari, Maria Maya; Rahmadan, Davit
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

Irresponsible actions against the trade in belangkas animals can cause damage to natural reserves and natural sustainability areas as well as actions that violate the provisions on the protection of plants and animals covered, in the form of severe criminal penalties and fines. The severe criminal is seen as necessary because the damage to the resilience of one element of biological natural resources and ecosystems will result in great losses for communities that cannot be valued materially, while recovery in the original state is no longer possible. The purpose of writing this thesis, namely: First, to find out how the law enforcement process against the perpetrators of the belangkas animal trade based on Law No. 5 of 1990 concerning the Conservation of Biological Natural Resources and Ecosystems in Rokan Hilir, Second, to find out how prevention efforts are carried out by the Police and conservation centers against belangkas animal traffickers.This type of research is sociological juridical research, because in research the author directly conducts research on the location or place of research to provide a complete and clear picture of the problem studied. Rokan Hilir research location, Rokan Hilir Police, DITPOLAIRUD Riau Police, and Natural Resources Conservation Center (BKSDA) riau province. Data sources are used, primary data, secondary data, and tertier data. Data collection techniques in this study are interview techniques, literature studies, and data analysis. From the results of the problem research there are two main things that can be concluded. First, in the law enforcement process in the case of the sale of horseshoecrabanimals in Rokan Hilir coordination between the BKSDA and the Riau Provincial Police, has been running. From the level of investigation, the search for evidence, the arrest of suspects, to the investigation although there are still violations by buying the horseshoecrab.Keyword: Law Enforcement- Horseshoecrab- Rokan Hilir
ARTI PENTING DELIMITASI PERAIRAN PEDALAMAN SETIAP PULAU DI INDONESIA Maria Maya Lestari
Legality : Jurnal Ilmiah Hukum Vol. 25 No. 1 (2017): Maret
Publisher : Faculty of Law, University of Muhammadiyah Malang

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Abstract

Maritime zones of the sovereignty of the Indonesian archipelago can be divided into inland waters, archipelagic waters and territorial sea. But only in the inland waters of Indonesia have absolute sovereignty without any other state right. In order to guarantee and maintain the sovereignty of the country in the inland water zone from overlapping interests and rights of other countries in the zone of Indonesian maritime sovereignty, Indonesia should immediately establish the limits of delimitation of the inland waters and establish legislation to prevent violations of the sovereignty of Indonesia's inland waters territory by the state other. Delimitation of each islands is considered very important in order to maintain the security and defense of the country. The government must immediately establish inland water areas and ports considered strategic and vital to the defense and security of the country. Areas that are considered important this can be closing and banning to enter and / or stopover. So our marine law is firm and we can become a sovereign country in the sea region.
POLITIK HUKUM PEMBENTUKAN PERATURAN DAERAH PROVINSI NOMOR 7 TAHUN 2019 TENTANG PERUBAHAN ATAS PERATURAN DAERAH NOMOR 4 TAHUN 2016 TENTANG PEMBENTUKAN DAN SUSUNAN PERANGKAT DAERAH PROVINSI RIAU Alfin Julian Nanda; Mexsasai Indra; Maria Maya Lestari
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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This study aims to find out how the legal political configuration of the Formation of Provincial Regulation No. 7 2019 concerning Amendments to Regional Regulation No. 4 2016 concerning the Formation and Composition of Regional Apparatus of Riau Province. The formulation of the problem posed is what is the political configuration and legal character in the Provincial Regulation No. 7 2019 concerning the Formation and Composition of the Regional Apparatus of Riau Province from the aspect of legal politics. This research belongs to the typology of empirical juridical legal research. Research data was collected by means of document / library study and interviews with the Head of the Legal Bureau and Members of the Special Committee for Regional Regulation No. 7 2019 concerning the Formation and Composition of Regional Apparatus of Riau Province. The analysis was conducted using a statutory approach combined with related party interviews. The results of this study show the configuration of political parties that occurred in the discussion of Provincial Regulation No. 7 2019 concerning the Formation and Composition of Regional Apparatus of Riau Province, namely that there are slight differences in general views between political party factions. The organizational arrangement of regional apparatus is a common thing in an organizational cycle, including in regional government organizations. The process of its birth until the discussion of Regional Regulation No. 7 2019 concerning the Formation and Composition of Regional Apparatus of Riau Province by the DPRD Riau Province is one example of a legal product that is reflects the fulfillment of the demands of individuals and social groups in society so that it is better able to reflect a sense of justice in society. The suggestion put forward by the author is that there is a need for good coordination between the Regional Secretariat Organization Division with all OPD and DPRD as well as all state civil servants who are in the scope of Riau Province. In the process of implementing this regional apparatus regulation, additional facilities and infrastructure should be made as well as provisioning needed by the state civil apparatus in realizing regional apparatus institutions in accordance with the applicable Regional Regulations.
PERLINDUNGAN HUKUM TERHADAP ANAK BUAH KAPAL (ABK) INDONESIA YANG BEKERJA DAN MENGALAMI PERBUDAKAN MODERN (MODERN SLAVERY) DI KAPAL PERIKANAN ASING Dorma Hotmaria Sianipar; Maria Maya Lestari; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Indonesian sailors generally work as fishermen on foreign vessels. Fishing is themost dangerous, dirty and difficult job in the world. About 15 million are involved in marinefishing. The practice of violating human rights in the form of modern slavery often occursand is experienced by crew members on foreign fishing vessels. In this case, in 2020Indonesian crew members worked on Chinese ships. In detail, there are 46 Indonesian crewmembers working on the ship. Cases experienced by Indonesian crew members includeunpaid salaries, threats and intimidation during work, inappropriate working conditions,physical violence or inhumane treatment or violations of human rights. Preventive efforts from Indonesia can be carried out by supervising the manningagency as a company for placing ABK on Chinese ships by strengthening institutionalstrengthening, which can be done by affirming the authority to issue permits for companiesto recruit and place crew members by the Ministry of Manpower and BP2MI through theGovernment Regulation on the Placement and Protection of Crews on Fishing Vessels. . Therepressive efforts are by pursuing diplomatic and consular efforts as well as ratification ofthe ILO Number 188 of 2007 concerning Work in Fishing and ratifying the convention thatregulates the protection of crew related to ship safety (CTA 2012). This type of research is normative legal research using research methods on legalprinciples, namely the principle of passive nationality. The data collection technique in thisresearch is literature study, reviewing, analyzing and analyzing the data qualitatively anddrawing conclusions deductively. From the results of the research problem, there are threemain things that can be concluded. First, the regulation of international legal protection forIndonesian crew members who work and experience modern slavery on foreign fishingvessels, namely preventive legal protection and repressive legal protection. Second, theregulation of international legal protection for Indonesian crew members who work andexperience modern slavery on foreign fishing vessels. Third, the problems faced by thegovernment with assistance through the role of state institutions in providing legalprotection to Indonesian crew members who work and experience modern slavery on foreignfishing vessels.Keywords: Legal Protection, Ship's Crew (ABK), Modern Slavery, Foreign FishingVessels
ORGAN HARVESTING TERHADAP PRAKTISI FALUN GONG OLEH CHINESE COMMUNIST PARTY DI TIONGKOK BERDASARKAN UNITED NATION CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT (UNCAT) Mela Kristina; Maria Maya Lestari; Davit Rahmadan
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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Human rights are widely considered to be the fundamental moral rights of people, in which necessary for human dignity. Human rights thus serve a greater social purpose, and it is a legal system that informs us at a certain point in time when rights are considered to be the most basic in society. Even if human rights are considered inalienable, the moral attributes of the people that the state cannot violate this, rights still have to be identified, that is, they are constructed by humans and codified in the legal system.The type of research carried out through normative-juridical research where this research is conducted on the basis of legal principles which started from certain written authorities as well as priorly identifying the provisions that has been enshrined in certain law. In this study, the data sources used were secondary data with primary, secondary and tertiary legal materials carried out.The results obtained through the research proves that, there are three main points that can be concluded. First, in the eyes of international law, both ordinary prisoners and political prisoners/prisoners of conscience must be treated like self-determined humans. This is clearly stated in the Bill of Rights, even prisoners are prohibited from being treated inhumanely. Second, torture of humans is a serious violation of human rights. Organ harvesting without consent has been considered a crime under international law, including organ trafficking is illegal in most countries. In this Falun Gong case, the members' organs were removed without the consent of the prisoners or the prisoners' families. Third, every action taken, eventually there comes responsibility. Furthermore, this is applicable in the international community. If a country commits an internationally wrongful act, in another sense, an act committed by a country in which the act is deemed to violate international legal obligations, both arising from treaties and international customary law that is erga omnes in nature, there will arise state responsibility/liability.Keywords: Human Rights – Organ Harvesting – State Responsibility
ASPEK PIDANA DISKRIMINATIF TERHADAP PELAYANAN PASIEN KURANG MAMPU BERDASARKAN UNDANG-UNDANG NOMOR 36 TAHUN 2009 TENTANG KESEHATAN Afiyfah Nabila; Maria Maya Lestari; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

Adult health service is an important issue to increase the standard of living and social welfare in our homeland (Indonesia). A form of health service implementing regulations is law number 36/2009 about health, in which in the law on health, there is should not be discrimination. Furthermore, the aims of this research are: first, to identify the adjustment about sentencing towards discriminatory perpetrators to health’s services. Second, to classify the law of accountability towards discriminatory health’s services against poor patients based on law number 36/2009 about health.Moreover, this law study is using normative legal research. An approach that is used for this study is normative juridical approach. Also, this study use qualitative data for finding the justification. Later on, to get the conclusion the researcher uses deductive thinking method where getting the conclusion by adopting statements or law of general nature to be specific statements.Lastly, sentencing towards discriminatory perpretators health services based on law can be addressed when fullfiled by several factors from article 32 (2) such as; rejection and asking for down money towards health service’s patients which stated article 190, law number 36/2009 about health. The parties that can be asked for the responsibility against discrimination towards indigent patient divided in general and particular. Thereafter, in general this case occur on article 304 and article 531 KUHP. Whereas, in particular this matter stated on article 190 law number 36/2009 about health.Key words: Discriminative – Health Service – Law on Health
TINJAUAN HUKUM PENCEMARAN LAUT LINTAS BATAS AKIBAT TUMPAHAN MINYAK DARI TABRAKAN KAPAL BERDASARKAN THE 1992 PROTOCOL OF THE INTERNATIONAL CONVENTION ON CIVIL LIABILITY FOR OIL POLLUTION DAMAGE 1969 Fivian Army; Maria Maya Lestari; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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The Malacca Strait is one of the routes in the cross-border oil trade which often experiences marine pollution due to ship collisions. The sea polluted by the oil spill will have a negative effect on various marine organisms and result in fishermen and surrounding communities experiencing economic losses. So, we need an international law that regulates compensation for victims of oil pollution by ships at sea where one of the international conventions that regulates is The 1992 Protocol of the International Convention on Civil Liability for Oil Pollution Damage 1969.This type of research is normative research, where this research uses a research methodology on the principles of international law. Research on legal principles is carried out on legal rules. Research on legal principles is a philosophical research, because legal principles are an ideal element of law. The data sources used are secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials, the data collection technique in this study is the literature review method, after the data is collected then analyzed to draw conclusions.From the results of the research, it was found that, First, The 1992 Protocol of the International Convention on Civil Liability for Oil Pollution Damage 1969 stipulates that if oil leaking from a ship causes damage to the territory or territorial sea of one of the members of the convention, the ship owner is absolutely responsible. Legally for the damage, which means that it includes both the cost of preventive measures and the loss or further damage caused by the action which has been stipulated in Article 5 of the 1992 CLC Protocol. The author's suggestion is that the participating countries that are members of the IMO and the participants of the 1992 CLC and/or the 1992 Fund Convention, in order to clarify the limits and provisions that limit the types of losses that can be claimed for compensation.Keywords: Ship collision - Oil - Sea Pollution
Co-Authors , Dasrol Adi Tiara Putri Adi Tiaraputri Adlin Adlin Afiyfah Nabila Agnes Annora Nathania Agung Setio Apriyanto Akmal Hidayat Alfin Julian Nanda Amin Rais Apriansyah, Muhammad Ikhya Aprilia Mawaddah Asyam Mulia Zhafran Bakhunizar, Mohamad Megi Mif Benyamin Bangun Cahyani, Harpita Dwi Davit Rahmadan Deri Nahrudin Syukri Dessy Artina Diana Octavia Situmeang Dodi Haryono Dorma Hotmaria Sianipar Eci Novita Sari Elmayanti Elmayanti, Elmayanti, Elmayanti Emilda Firdaus Endang Sri Utami Erdiansyah ' Evi Deliana HZ Ferawati Ferawati Fivian Army hafiza, aryen nur Hasbillah, Rahmat Hasugian, Dohardo Maharari Hayatul Ismi Hengki Firmanda Hidayat, Tengku Arif Irma Nurul Hasyanah Jaya Kusuma, Zulfikar Johannes Jum Joghi Pangaribuan Juanito Stevanus Jupri, Jupri Yanus Halawa Karo Karo, Josua Banta Kristin Muliani Lase, Martinus Ledy Diana Lena Agustina M Sadam Husin Maringan Tua H.D Mela Kristina Mexsasai Indra Muhammad A. Rauf Mukhlis Mukhlis Mukhlis R Nadya Junyantani Nanda Erlangga Pranata Nathaniel Adianta Rim Manurung Novendi Jaya Putra Purba Nurahim Rasudin Panggabean, Pilipi Puan Dinda Aisyah Putra, Tamin Ripinra Putri Dewi FS Putri Maharany Ayu Hasibuan Ranty, Aprianti Ridha Putri Thaibah Riska Fitriani Rokhimatul Isnaini Salma Kemala Sari, Etika Septia, Peni Putri Shindy Fauziyah Simamora, Rumla Yanti Simamora, Samuel Romulus Socha Salsabila Riyadi Sri Kemuning Suzana, Ega Syamsiar, Syamsiar Syasha Mellya Karnain Ulfia Hasanah Widia Edorita Yosef Mattew Nathanael Zainul Akmal Zulfikar Jayakusuma Zulwisman, Zulwisman