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All Journal Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Georafflesia : Artikel Ilmiah Pendidikan Geografi Ensiklopedia of Journal Jurnal Keperawatan Komprehensif (Comprehensive Nursing Journal) Jurnal Hilirisasi IPTEKS (JHI) Sulolipu: Media Komunikasi Sivitas Akademika dan Masyarakat Ensiklopedia Education Review ad-Dawaa : Journal of Pharmaceutical Sciences Public Corner Warta Pengabdian Andalas: Jurnal Ilmiah Pengembangan Dan Penerapan Ipteks
Ferawati Ferawati
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Agriculture, Biological Sciences & Forestry Arts Humanities Biochemistry, Genetics & Molecular Biology Chemistry Computer Science & IT Dentistry Earth & Planetary Sciences Education Engineering Environmental Science Health Professions Immunology & microbiology Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Materials Science & Nanotechnology Medicine & Pharmacology Nursing Physics Public Health Social Sciences Veterinary Other

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KEBIJAKAN TERHADAP PENGATURAN TINDAK PIDANA PERDAGANGAN ORGAN TUBUH MANUSIA DI INDONESIA Masdiana Simbolon; Mukhlis R; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Trading human organs is a criminal offense regulated in Law Number 36 of 2009concerning Health. However, in this law there is no article that formulates aspects of organtrafficking and there is no confirmation that organ trafficking itself can be punished. And thereis no difference in sanctions between people who sell their own organs and people who sellother people's organs. The aim of writing this thesis is, firstly, to find out the regulation ofcriminal sanctions for the criminal act of trafficking in human organs in Indonesia. Second, tofind out the policy for regulating the criminal act of trafficking in human organs in criminallaw in IndonesiaThis research is classified as normative legal research or can also be called doctrinallegal research. Thus, this research uses secondary data sources consisting of primary,secondary and tertiary legal materials. In this research, the data analysis carried out isqualitative analysis and draws conclusions deductively.From the results of the research and discussion it can be concluded that, first, in theregulation of the criminal act of trafficking in human organs contained inLaw Number 36 of 2009 Article 64 paragraph (3), it has not explicitly mentioned theaspects of trafficking in human organs and there are no differences in sanctions in Article 192of the law. Second, there needs to be policy efforts or reform of criminal law, namelyemphasizing aspects of human organ trafficking considering that there are many ways to carryout this criminal act. As well as differentiating sanctions between people who sell their ownorgans and people who sell other people's organs as stated in the regulations of other countriessuch as Singapore and South Korea.Keywords: Policy-Regulation-Trafficking of Human Organs
STRATEGI PENANGANAN PELAKU KEJAHATAN TERHADAP KESUSILAAN AGAR TIDAK MENJADI RESIDIVIS Latifah Alkhairiyah; Mukhlis R; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The large number of recidivist cases of crimes against morality that haveoccurred in Indonesia in recent years have raised concerns among the public.Based on data from the Directorate General of Corrections under the Ministry ofLaw and Human Rights in the last six years (2017-2022), there has been a verysignificant increase in the number of recidivist cases of crimes against moralityfrom year to year. The increase in recidivist cases shows that the handling andtraining for compensation for crimes against morality in Indonesia has not beeneffective enough in providing a deterrent effect to perpetrators of crimes againstmorality, so that perpetrators still dare to repeat crimes against morality. The aimof this thesis is firstly, to describe cases of recidivist crimes against morality andtheir current handling. Second, to develop strategies that can be implemented inhandling perpetrators of crimes against morality so that they do not becomerecidivists who commit crimes against morality.This research uses a normative juridical approach, where this researchfocuses on studying legal principles, especially the legal principle of the purposeof punishment, namely the legal principle of expediency in handling and trainingperpetrators of crimes against morality. The approach taken was to use qualitativedescriptive analysis techniques, in data collection the literature review methodwas used. The data sources used are primary and secondary legal materials.The conclusions obtained from the research results are first, based on thefacts and data found, there are still many shortcomings and defects in handlingperpetrators of crimes against morality, this is based on the increasing data onrecidivism cases of crimes against morality in Indonesia in the last six years, thehigh numbers reveal section in public spaces and even in schools, the rights andobligations of each compensation are the same and equal without consideringbecause the driver committed a criminal act. The latest solution from theGovernment is in the form of additional punishment of chemical castration, butuntil now it has not been implemented properly and correctly due to the manydynamics chemical castration punishment. Second, the strategy that researcherscan offer is to make improvements to the existing improvement training system inIndonesia. Researchers offer a solution in the form of holding specialpsychological and psychiatric rehabilitation facilities to lead criminals to decency.Where the development of psychological and mental health will be something thatis taken into consideration in freeing the perpetrator after the end of the prisonterm.Keywords: Strategy-Handling-decency-recidivism
PERTIMBANGAN HAKIM PENGADILAN TINGGI DALAM MEMERIKSA JUDEX FACTIE TERHADAP PENYALAHGUNA TINDAK PIDANA NARKOTIKA (STUDI KASUS PUTUSAN NOMOR 503/PID.SUS/PT PBR) Hervi Alfathira Natasya; Davit Rahmadan; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Indonesia has long taken legal steps to tackle the dangers of narcotics, boththrough making regulations in the form of legislation by issuing Law Number 22of 1997 which is now Law Number 35 of 2009. In the case of decision Number503/ Pid.Sus/2022/PT Pbr case of narcotics use which in the verdict was chargedunder Article 112 Paragraph (1) of Republic of Indonesia Law Number 35 of2009 which ignored the facts of the trial (judex factie). The first aim of thisresearch is to analyze the High Court judges' considerations in examining thejudex factie case in decision number 503/Pid.Sus/2022/PT Pbr and find out thelegal consequences. The second is to find out about high court judges in handingdown judex factie decisions at the High/Appeal Court level.The type of research used in this research is normative juridical legalresearch or can also be called doctrinal legal research. Normative juridical legalresearch is library legal research. The research uses qualitative analysis whichproduces descriptive data.The results of this research examine the analysis that the verdict in casenumber 503/Pid.Sus/2022/PT Pbr, the defendant was sentenced to prison for 2(two) years 6 (six) months, this is below the minimum provisions that have beenregulated and give rise to The legal consequences should be Article 127Paragraph 1 letter a of the Narcotics Law which is applied in decision number503/Pid.sus/2022/PT Pbr and the defendant can be sentenced to criminalprovisions in accordance with the Law, namely a rehabilitation sentence. Article183 of the Criminal Procedure Code states that "a judge may not impose a crimeon a person unless, with at least two valid pieces of evidence, he is convinced thata criminal act has actually occurred and that the defendant is guilty." The judgecan make a decision according to the evidence and facts revealed at the trial.Keyword: Judex factie, Narcotic Crime, Judge.
PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA PERJUDIAN ONLINE HIGGS DOMINO ISLAND OLEH KEPOLISIAN SEKTOR BUKIT KAPUR KOTA DUMAI Warni Susila; Davit Rahmadan; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Gambling is regulated in Article 303 paragraph (1) the Criminal Codewith threats for preparatos namely imprisonment for a maximum of 10 (ten) yearsand a maximum fine of Rp. 25,000.000,00 (twenty-five million rupiah). However,in reality enforcement regarding gambling is still not optimal, this can be seenfrom the large number of people who freely acces or play online gambling,especially higgs domino island which occured in Bukit Kapur, Dumai City. Thisaims to: first, to determine law enforcement against erpetrators of criminal acts ofonline gambling on higgs domino island by the Bukit Kapur sector police. Second,tooutline the obstacles in law enforcement against criminal acts of higgs dominoisland gambling in the jurisdiction of the Bukit Kapur Sector Police. Third, tooutline the efforts made by the police to overcome obstacles in enforcing criminalacts of higgs domino island online gambling.This type of research can be classified as sociological legal research,because in this research it is carried out by looking at the effect of the enactmentof posisitive law on people’s lives. This research was conducted at the BukitKapur Police, Dumai City. In this studet, the data sources used were primary dataand secondary data. Data collection techniques in this study were interviewes andliterature review.From the results of the research conductes, it can be concluded that lawenforcement carried out by the Bukit Kapur Sector Police in the City of Dumaihas not been fully effective, this is influenced by several factors, namely the legalfactors themselves, law enforcers, facilities and infrstrusture, comunity dancultural factors. Obstacles in enforcing the higgs domino island online gamblinglaw faced by the Bukit Kapur Police include factors, law enforcers, faciltaties andinfrastructure and the community. The efforts made by the police are conductingoutreach, cooperating with the community, taking strict action against onlinegambling actors.Keywords: Law Enforcment – Crime – Online Gambling
FORMULASI SANKSI TINDAKAN TERHADAP PELAKU PENANGKAPAN IKAN DENGAN MENGGUNAKAN ALAT TANGKAP TERLARANG DI KAWASAN PESISIR Doni Anggarda Paramitha; Davit Rahmadan; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Fishing with explosives or blast fishing is very rife, especially in coastal areas wherethe main perpetrators are small fishermen. Perpetrators who use prohibited fishing gear, oneof which is the use of explosives, has been regulated in Law No. 45 of 2009 concerningAmendments to Law No. 31 of 2004 concerning Fisheries. In the regulation of sanctions, thelaw only focuses on punishment of perpetrators and there is no regulation of sanctions so thatmarine ecosystems damaged by the actions of perpetrators cannot be repaired again.Therefore, the purpose of this thesis research is first, to describe criminal sanctions againstfishing perpetrators using prohibited fishing gear in the current positive law and theimplementation of the regulation. Second, To formulate the formulation of sanctions foractions needed to be applied to fishing actors using prohibited fishing gear to protect marineecosystems in the future.This research can be classified into normative types of legal research. In this type oflegal research, often the law is conceptualized as what is written in laws and regulations orthe law is conceptualized as rules or norms that are a benchmark for age behavior that isconsidered appropriate. Therefore, the first source of data is only secondary data, consistingof primary legal material, secondary legal material, and tertiary data.This study obtained the first result, namely in the regulation of sanctions againstperpetrators of fishing with prohibited fishing gear, namely the use of explosives which hasbeen regulated in Article 84 paragraph (1) of Law No. 45 of 2009 concerning Amendments toLaw Number 31 of 2004 concerning Fisheries and threatened with a maximum prison sentenceof 6 (six) years and a maximum fine of IDR 1,200,000,000.00 (one billion two hundred millionrupiah). Meanwhile, the crime of blast fishing committed by small fishermen is specificallyregulated in Article 100B of the Fisheries Law. threatened with a maximum imprisonment of1 (one) year or a maximum fine of Rp250,000,000.00 (two hundred fifty million rupiah).However, if we look closely, sanctions arrangements only focus on punishment on perpetratorsand there is no sanction arrangement, sanctions are taken so that marine ecosystems aredamaged as a result of the actions of perpetrators that cannot be repaired. Second, theregulation of criminal sanctions that are relevant for small fishermen who use explosives whenfishing is the renewal of the criminal law by imposing sanctions in an effort to preserve andutilize marine resources so that they run well.Keywords: Action Sanctions, Prohibited Fishing Gear, Sanction formulation
REKONSEPTUALISASI PENGATURAN RESTITUSI DAN KOMPENSASI KEPADA KORBAN TINDAK PIDANA INVESTASI ILEGAL SKEMA PONZI DIKAITKAN DENGAN UPAYA PERLINDUNGAN HUKUM DI INDONESIA Sayladito Sitinjak; Davit Rahmadan; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

In general, the Indonesian population is still largely unfamiliar withvarious new instruments in the world of investment. In fact, some members of thesociety seem uninterested in learning how to invest wisely and correctly. Often,people are focused on the potential returns they can gain, so the first question thatarises when a new investment opportunity is presented is about the expectedprofits. Some individuals appear to be dazzled by the promise of high profitswithout considering the accompanying risks. Consequently, the phenomenon ofinvestment scams or fraudulent investments has emerged. It appears as if aninstitution is managing the public's funds and investing them in various types ofinvestments, but in reality, it's merely a money game.This research is a normative legal study based on literature research,which involves quoting from relevant books or supporting materials related to theissues under investigation. The research utilizes secondary data sources,including primary, secondary, and tertiary legal materials. This study alsoemploys qualitative data analysis and produces descriptive data.From the research findings and discussions conducted, it can beconcluded that the regulation of restitution and compensation for victims ofillegal investment schemes, particularly Ponzi schemes, concerning legalprotection efforts in Indonesia, is not effectively implemented. This is due to theperception that law enforcement against perpetrators is lenient and relies solelyon the Criminal Code penal Indonesia. Different regulations naturally servedifferent purposes and objectives to ensure that the rules can be appliedaccording to the actions of the criminals. Many cases involve victims of criminalactivities who do not receive restitution to recover their losses, both material andimmaterial. Criminal justice has not provided certainty regarding the fulfillmentof restitution.Keywords: Ponzi schemes-investment-restitution-legal protection.
Co-Authors Abdur Rivai Achmad Noerkhaerin Putra Ade Mulyani Ade Satria Habibillah Adisti Rastosari Ahmad Zuhri Al Qudri Alqaf Harto Maryono Ananda Putri Rihenda Andika Bukit Andria Familta Anita Rahmayuni Arif Yuliansyah Asri Qhornelis Putri Bela Islami Cyntia Ayustika Fitria Dandy Gilang Mandala Putra Azwan Davit Rahmadan Deby Rahmatul Fitri Desi Yana S Dessy Artina Dika Nofira Hardiyanti Doni Anggarda Paramitha Dwi Anggun Pratiwi El Latifa Sri Suharto Eliyani Esther Marlina Elmayanti, Elmayanti Emilda Firdaus Erdiansyah Erdiansyah Erdianto Effendi Erdianto Erdianto Erpomen Erpomen Evi Deliana HZ Fajrona, Kadran Fatma Dewi Fazly Mahatma Putra Gautama Negara Febby Widya Ferdinan P L Tobing Feriska Bulan Mutia Firman Firman Hamdani . Hary Febrianto Hervi Alfathira Natasya Hilda Febriani HUSNUL KHOTIMAH Iffana Hayu Indah Aidina Prihadi Indah Tri Wahyuni Irdan Hasan Irvan Suherry Isriany Ismail Janri Aldo S Joana Petra Naomi Jodi Saputra Khairunnisa Khairunnisa Khalil Khalil Lamtiur Siregar Latifah Alkhairiyah Lesti Hardianti Linda Suhartati M Hafidh Novaldi Maria Hose Sihombing Maria Maya Lestari Masdiana Simbolon Mexsasai Indra Mohamad Ikrom Mohammad Said Muhammad Alkasah Muhammad Siddiq Mukhlis R Munifah Wahyuddin Nanda Efrialis Nina Ismayani Nova Putri Nurdaonah Nurdaonah Nurdianti Nurdianti Nurhasidah Nurhasidah Nursalam Hamzah Orde Prianata Pusaka, Semerdanta Rahayu Khairiah Rama Setyo Prakoso Ramadhana Ari Pratamas Bangun Rayonnita Rayonnita Reni Marbun Reswati, Reswati Reynaldi Reynaldi Robi Amizar Rocky Handika Tarigan Rullyansyah Qotni Putra Rusli, Ridho Kurniawan Salsa Annisya Anggraini Sayladito Sitinjak Sepri Reski Siti Zuleha Socha Salsabila Riyadi Sri Indrayani Sri Melia Sridevi Ronauli Tengku Reviandi Wahyu Samudra TM Wawan Perdani Tri Meri Handayani Tri Mukti Vannesah Nara Tasya Halim Viandras Billy Gustama Warni Susila Wialanda Wiguna Wizna Wizna Yesi Chwenta Sari Yolanda Rizky Rinaldi Yolani Utami Yudha Chandra Pranata Yuherman Yuherman Yulianti Fitri Kurnia Yulius Wibisono Prakosa Putro Yuni Angraini Yuri Prayoga A. ZK Abdurahman Baizal Zulfikar Jayakusuma