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TANGGUNG JAWAB BADAN HUKUM PADA TINDAK PIDANA HUMAN TRAFFICKING BERDASARKAN UNITED NATION CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME TERHADAP NEGARA INDONESIA DAN MALAYSIA Asri Qhornelis Putri; Zulfikar Jayakusuma; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Countries around the world are increasingly facing crimes that cross nationalborders, one of which is human trafficking. These crimes threaten and force countriesin the world and the United Nations to regulate a rule of law that can prevent andprosecute these crimes. In 2000, the Palermo Convention, known as the UnitedNations Convention Against Transnational Organized Crime (UNTOC), was born.This type of research is normative legal research, namely legal researchcarried out by examining library materials in the form of binding legal rules andsecondary data such as other literature related to this research through a statuteapproach and comparative approach. This research is a qualitative data analysis inwhich descriptions are made of legal data that has been collected logically andsystematically. This research uses dualisme theory and functional dictatorshiptheory.The result of this research is that Member States have an obligation toincorporate legal entities into their national law. The mandate of UNTOC hasimplications for the laws of Indonesia and Malaysia as Member States. Thatimplication is dualism in applying international law through legal transformation sothat international law can apply in the laws of Indonesia and Malaysia. The rules arecreated through policies, so that Law No. 21 of 2007 on the Eradication of the Crimeof Trafficking in Persons in Indonesia and the Anti-Trafficking in Persons Act 670 of2007 in Malaysia were born. These acts regulate legal entities (corporations) aslegal subjects to prevent, prosecute, and punish corporations for committing thecrime of trafficking in persons.Keywords: Legal Person, Human Trafficking, UNTOC

ANALISIS YURIDIS RECOVERY ASSET MELALUI TINDAK PIDANA PENCUCIAN UANG DARI HASIL TINDAK PIDANA KORUPSI Iffana Hayu; Mukhlis R; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Eradication of criminal acts of corruption is the main agenda that must be held. Assetrecovery in corruption is the process of handling assets from the proceeds of corruption at everystage of law enforcement, so that the value of these assets can be maintained and returned to thestate. In Law No. 8 of 2010 Concerning the Prevention and Eradication of Money Laundering,there is a policy related to the law on eradicating corruption and other similar laws, namely withthe sole aim of narrowing down the occurrence of corruption. This means that the presence ofthe Law on Money Laundering is an attempt to assist the operation of the Law on CorruptionEradication.The purpose of this study is to offer an effective and efficient strategy in returning state assetsfrom corruption through money laundering and to find out the construction of the judge'sthinking in examining and deciding money laundering cases on corruption as the predicatecrime.An effective and efficient strategy in efforts to recover assets from the proceeds of corruptionthrough money laundering is to combine charges of corruption with money laundering.Accumulating criminal acts, indictments are not combined with alternative or subsidiary formsand returning assets from the proceeds of criminal acts of corruption can be carried out throughcriminal or civil instruments. The judge's thinking construction regarding evidence that has beenused in other crimes that have permanent legal force (BHT) cannot be used as evidence in othercrimes. The formulation of the crime of money laundering as a supplementary crime ofcorruption (predicate crime) needs to be given the same serious attention as proving thatcorruption is a predicate crime. The unpaid payment for the purchase of an asset becomes aconsideration for the Panel of Judges that the asset is confiscated for the state.Research in making effective and efficient indictment formulations to optimally return stateassets needs to be carried out also for the future. Researchers hope that there will be more in-depth research on efforts to return state assets from the proceeds of criminal acts of corruptionthrough money laundering and other efforts as well as research in making effective and efficientindictment formulations. Efforts to return state assets outside the criminal corridor must be amore serious concern to be carried out.Keywords: Asset Recovery, -Criminal Corruption, -Judge Contruction, -Money LaunderingCrimes

TOLOK UKUR PEMBINAAN TERHADAP NARAPIDANA DI LEMBAGA PEMASYARAKATAN DALAM PERSPEKTIF TUJUAN PEMIDANAAN DAN HAK ASASI MANUSIA Reynaldi Reynaldi; Evi Deliana; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The community system besides aiming to restore community-assisted citizens asgood citizens also aims to protect the community against the possibility of repeatingcriminal acts by correctional assisted residents, and is an application and an inseparablepart of the values contained in Pancasila. Realizing this, for a long time the Indonesiansocial system has been more emphasized on the aspects of coaching prisoners, communityprotégés or community clients who have preventive, curative, rehabilitative andeducational characteristics. In relation to punishment, that the purpose of punishment hastwo main aspects, namely, first, aspects of community protection against criminal acts,second, aspects of protection of individuals or perpetrators of criminal acts. In addition, itoften happens that prisoners who are not very familiar with the rough life that should beresocialized through coaching in prisons, but after undergoing a period of punishmentsufficient to be able to accept the prisonization process, apparently have behaviors thatlead to a hard and rough life that characterizes most of the prisoner subcultures. So weoften hear that prisons are schools for inmates who want to get to a higher level of crime.This type of research is normative research, which is research conducted withliterature studies in the search for data. This research is descriptive which provides datathat is as accurate and detailed as possible on existing problems. In this writing, it usesqualitative data analysis which means explaining and concluding about the data that hasbeen collected by the author. This study uses secondary data or scientific data that hasbeen codified.The results of this study explain that there are still many human rights violations inprisons, such as discrimination, torture, and even murder. This is a violation of humanrights that often occurs in prisons so that counseling, supervision, and fair lawenforcement are needed to prison officers who commit human rights violations. There arestill many prisons that do not apply aspects of the purpose of punishment itself, where thesuccess of the purpose of punishment itself is inseparable from the role of the prisonofficers themselves. Furthermore, the lack of community participation in order toparticipate in the development of prisoners. It is hoped that correctional officers can fixthe acts of violence committed by prison officers because these actions can tarnish thehuman rights values of prisoners and for the community so that they can slowly reduce thestigma and perspective on prisoners so that when they return to society inmates do not feelexcluded so as not to repeat the same mistakes in the future.Keywords: Convict Training-Prisoners–Purpose of Sentencing–Human Rights

TANGGUNG JAWAB BADAN HUKUM PADA TINDAK PIDANA HUMAN TRAFFICKING BERDASARKAN UNITED NATION CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME TERHADAP NEGARA INDONESIA DAN MALAYSIA Asri Qhornelis Putri; Zulfikar Jayakusuma; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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

Countries around the world are increasingly facing crimes that cross nationalborders, one of which is human trafficking. These crimes threaten and force countriesin the world and the United Nations to regulate a rule of law that can prevent andprosecute these crimes. In 2000, the Palermo Convention, known as the UnitedNations Convention Against Transnational Organized Crime (UNTOC), was born.This type of research is normative legal research, namely legal researchcarried out by examining library materials in the form of binding legal rules andsecondary data such as other literature related to this research through a statuteapproach and comparative approach. This research is a qualitative data analysis inwhich descriptions are made of legal data that has been collected logically andsystematically. This research uses dualisme theory and functional dictatorshiptheory.The result of this research is that Member States have an obligation toincorporate legal entities into their national law. The mandate of UNTOC hasimplications for the laws of Indonesia and Malaysia as Member States. Thatimplication is dualism in applying international law through legal transformation sothat international law can apply in the laws of Indonesia and Malaysia. The rules arecreated through policies, so that Law No. 21 of 2007 on the Eradication of the Crimeof Trafficking in Persons in Indonesia and the Anti-Trafficking in Persons Act 670 of2007 in Malaysia were born. These acts regulate legal entities (corporations) aslegal subjects to prevent, prosecute, and punish corporations for committing thecrime of trafficking in persons.Keywords: Legal Person, Human Trafficking, UNTOC

ANALISIS YURIDIS RECOVERY ASSET MELALUI TINDAK PIDANA PENCUCIAN UANG DARI HASIL TINDAK PIDANA KORUPSI Iffana Hayu; Mukhlis R; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Eradication of criminal acts of corruption is the main agenda that must be held. Asset recoveryin corruption is the process of handling assets from the proceeds of corruption at every stage oflaw enforcement, so that the value of these assets can be maintained and returned to the state. InLaw No. 8 of 2010 Concerning the Prevention and Eradication of Money Laundering, there is apolicy related to the law on eradicating corruption and other similar laws, namely with the soleaim of narrowing down the occurrence of corruption. This means that the presence of the Law onMoney Laundering is an attempt to assist the operation of the Law on Corruption Eradication.The purpose of this study is to offer an effective and efficient strategy in returning state assetsfrom corruption through money laundering and to find out the construction of the judge's thinkingin examining and deciding money laundering cases on corruption as the predicate crime.An effective and efficient strategy in efforts to recover assets from the proceeds of corruptionthrough money laundering is to combine charges of corruption with money laundering.Accumulating criminal acts, indictments are not combined with alternative or subsidiary formsand returning assets from the proceeds of criminal acts of corruption can be carried out throughcriminal or civil instruments. The judge's thinking construction regarding evidence that has beenused in other crimes that have permanent legal force (BHT) cannot be used as evidence in othercrimes. The formulation of the crime of money laundering as a supplementary crime of corruption(predicate crime) needs to be given the same serious attention as proving that corruption is apredicate crime. The unpaid payment for the purchase of an asset becomes a consideration for thePanel of Judges that the asset is confiscated for the state.Research in making effective and efficient indictment formulations to optimally return stateassets needs to be carried out also for the future. Researchers hope that there will be more in-depth research on efforts to return state assets from the proceeds of criminal acts of corruptionthrough money laundering and other efforts as well as research in making effective and efficientindictment formulations. Efforts to return state assets outside the criminal corridor must be a moreserious concern to be carried out.Keywords: Asset Recovery, -Criminal Corruption, -Money Laundering Crimes

BAGAIMANAKAH HUKUM ADAT MENYELESAIKAN KASUS PENGANIAYAAN? (Studi Pada Masyarakat Adat Petalangan di Kecamatan Bandar Petalangan Kabupaten Pelalawan Provinsi Riau) Bela Islami; Evi Deliana; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Arrangements regarding the crime of persecution are regulated in article 351of the Criminal Code. In Indonesia's positive law it is clear that if a person commitsan intentional act aimed at damaging the health of another person, he will be subjectto a prison sentence of 2 years and 8 months as stipulated in article 351 of theCriminal Code. But the settlement of the crime of persecution through the Petalangancustomary law is not the case. If the case of the crime of persecution is resolvedthrough the Petalangan customary law, it will be resolved peacefully throughdeliberation and bringing together the perpetrators and victims and improving orderin society.From the results of research and discussion, there are several points that canbe concluded. First, in the community in Bandar Petalangan subdistrict, cases ofcriminal acts of persecution were mostly resolved through Petalangan customary law.Second, the settlement through the Petalangan Customary Law fulfills the wishes ofthe people because it also improves the order to the previous situation. Third, thatthe resolution of the criminal act of persecution through the Petalangan CustomaryLaw does not have an element of revenge, rather it is about reconciling theperpetrator and the victim. The author's suggestion is that it is necessary to digdeeper and spread understanding about Petalangan Customary Law, so that theinjunctions about Customary Law, especially regarding criminal acts, continue to bepreserved by the community.Keywords: Settlement-Persecution-Customary Law

ANALISIS YURIDIS PERTANGGUNGJAWABAN TINDAK PIDANA PEMBANTUAN/ MEDEPLICHTIGEDALAM KASUS KERUSUHAN DEMONSTRASI Vannesah Nara Tasya Halim; Ferawati Ferawati; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The decision of the Panel of Judges at the Central Jakarta District Court in the criminalcase Number: 844/Pid.B/2019/PN.Jkt.Pst, is one of the cases of national concern. The decisionrelates to the Crime of Assistance/Medeplichtige which raises questions regarding what is thejudge's benchmark in deciding the case so that the defendants are interpreted as actorsparticipating in assisting anarchist crimes and what actions can be categorized as assistancein a crime, because in that case it was found that the co-perpetrator of giving drinking waterand water for washing his face to the participants in the riot action during the demonstrationwas sentenced to a criminal sentence even though he had no malicious intent to commit acrime. The purpose of this research is to find out the liability for the criminal assistance/medeplichtige and to find out the suitability between the arrangements regarding the crime ofassisting/ medeplichtige and decision No.844/Pid.B/2019/PN.Jak.Pst related to thedemonstration riot case.The results of this study there are two main points. First, that accountability related tocriminal acts of assistance/medeplichtige in Indonesia is regulated in Article 57 of the CriminalCode where in the decision related to the demonstration riot case there are reasons that cannegate accountability in a person. Second, after outlining and analyzing the related decisions,it was found that there was a judge's mistake in interpreting the suitability between the actionscommitted by the Defendants and the arrangement for co-operation crimes because there wasno causality between the act and the circumstances after the act was committed and the judge'sjudgments or judgments in this case were not objective, because it is not based on the factsrevealed in court.Keywords: Medeplichtige-Demonstration-Criminal Liability

FORMULASI SANKSI TINDAKAN TERHADAP PELAKU SODOMI SEBAGAI SANKSI TAMBAHAN DALAM PEMBAHARUAN HUKUM PIDANA INDONESIA Feriska Bulan Mutia; Ferawati Ferawati; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The rise of sodomy crimes in Indonesia is very worrying, especially sodomy crimesagainst children (homosexuals). One of the reasons for this rise is the lack of effectiveness inlaw enforcement against sodomy perpetrators, of course, in a preventive or curative way. TheIndonesian Criminal Law already regulates the imposition of sanctions against perpetratorsof sexual crimes against children. However, this has not been able to have a significantimpact on reducing sodomy cases. For this reason, more effective forms of prevention areneeded. The purpose of writing this thesis: First, to find out the urgency of imposingsanctions against sodomy perpetrators in the renewal of Indonesian criminal law. Second, toformulate sanctions against sodomy perpetrators as additional sanctions in the renewal ofIndonesian criminal law.The type of research used in this legal research is normative legal research.The approach used by researchers is a normative juridical approach. Data analysis used byresearchers is to analyze data qualitatively. In drawing conclusions the researcher uses thedeductive thinking method, namely a way of thinking that draws conclusions from a statementthat is general in nature to a statement that is specific in nature.From the results of the study, it is important to apply sanctions against sodomyperpetrators against children to provide prevention efforts to reduce sodomy crimes. With therenewal of the criminal law, it is hoped that it will provide clear regulations in the future,especially regarding sodomy crimes against children. A formulation in the application ofsanctions against sodomy perpetrators, by imposing sanctions on sodomy offenders againstchildren, is an effective step in tackling sodomy crimes against children.Keywords: Sanction Formulation, Additional Penalty, Action, Sodomy, Criminal LawReform

Analisis Penegakan Hukum Terhadap Pelanggaran Protokol Kesehatan Berdasarkan Asas Persamaan Didepan Hukum Desi Yana S; Mukhlis R; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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To minimize the spread of Covid-19 in Indonesia, a Health Protocol has been implemented.However, the infection rate continued to increase until it spread throughout Indonesia. This happensbecause there are still many violations of the Health Protocol, especially not wearing masks andkeeping a safe distance. Lack of public awareness of the importance of maintaining health is a factorcausing an increase in cases. As well as in the law enforcement process, health protocol violations areconsidered to have occurred selectively in the application of the law by law enforcers, such as in thecase of Rizieq Sihab when he held his daughter's wedding compared to Atta Halilintar's wedding andviolations committed by state officials where no legal action was taken. So it tends to result in peoplenot taking their health seriously and complying with the rules. This makes the law in Indonesia doesnot put forward the principle of equality before the law which is the basis that all are treated the same,there is no difference before the law.The type of research used is normative legal research, which is research conducted byexamining secondary data or research based on standard rules that have been recorded, called libraryresearch. This research is descriptive in nature, namely a study that aims to make a clear and detaileddescription of the problem.The results of this study are the process of law enforcement against health protocol violations,namely applying Article 93 of Law No. 6 of 2018 for those who violate it by imposing a 1 year prisonsentence and a 100 million fine, but it is still not running optimally and does not reflect equality beforethe law. There is a disparity in legal treatment of fellow violators and the attitude of selective loggingby law enforcement officials both in imposing sanctions and not taking action against officials whoviolate the health protocol. when compared to other countries' health protocol law enforcement, thesanctions are quite heavy but effective and the apparatus has strong firmness. So the law enforcementprocess should have strong integrity from law enforcement officials in enforcing the law in the midst ofsociety. As well as the need for additional studies in Law No. 6 of 2018 concerning health protocolsnot wearing masks, maintaining distance, avoiding crowds so that there are no multipleinterpretations and the proper application of articles to actions so that justice can be properly realizedand applies equally to all Indonesian people.Keywords: Health protocol, Law Enforcement, Equality Before the Law

PROBLEMATIKA PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA PERDAGANGAN ORANG SEBAGAI KEJAHATAN TERORGANISIR TRANSNASIONAL OLEH DIREKTORAT RESERSE KRIMINAL UMUM KEPOLISIAN DAERAH RIAU Rullyansyah Qotni Putra; Erdiansyah Erdiansyah; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The regulation of human trafficking has been regulated in the Law Number 21 of 2007concerning the Eradication of the Crime of Human Trafficking. However, the efforts of theIndonesian government in implementing various policies to combat and prevent cases ofhuman trafficking do not reflect as we expected. This problem is derived that’s faced by theinvestigator when carrying out investigative activities in the field. The main issues in this studyare: How are the implementations of law enforcement against the perpetrators of the crime ofhuman trafficking as a Transnational Organized crime by the Directorate of General CriminalInvestigation of the Riau Regional Police; What are the obstacles and law enforcement effortsagainst the perpetrators of the crime of human trafficking as a Transnational Organized Crimeby the Directorate of General Criminal Investigation of the Riau Regional Police.This type of research is sociological legal research conducted at Sub Directorate IV ofthe Directorate of General Criminal Investigation of the Riau Regional Police. The datasources used are primary data and secondary data. Data collection techniques were carriedout by interviews and literature review. The data were analyzed qualitatively which produceddescriptive and meaningful data using deductive thinking methods.The results of this research are law enforcement against the perpetrators of humantrafficking has been divided into preventive and repressive manner. Example preventive lawenforcement efforts are in the form of counseling, outreach, seminars or outreach to the public.Meanwhile repressive law enforcement begins with investigative activities. Obstacles in thisimplementation are: the local communities being secluded and does not want to cooperate withthe investigators; Strategic location of Riau Province; Limited investigative budget;Inadequate facilities and infrastructure; Lack of human resources in Sub Directorate IV of theRiau Regional Police's Criminal Investigation Unit. Efforts that can be made to overcome theseobstacles are: Making a humane approach towards local community; Conduct an outreachand socialization efforts to the community; Establishing cooperation by making memorandumof understanding with related agencies; Submission of budget proposal; Proposing assistancein terms of additional facilities and infrastructure to support investigative and investigativeactivities; Proposal to involve investigators to attend training, courses, further educationKeywords: Trafficking in Persons – Investigations – Organized Crime

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