Garuda - Garba Rujukan Digital

KAJIAN HUKUM DUALISME KEWENANGAN DALAM PENEGAKAN HUKUM TINDAK PIDANA PERIKANAN SETELAH DITETAPKAN- NYA UNDANG-UNDANG NOMOR 45 TAHUN 2009TENTANG PERIKANAN Abdi Afriando; Zulfikar Jayakusuma; Mukhlis R
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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The existence of Indonesia as one of the largest archipelagic countries in the world is a gift from God Almighty who created and is also the owner of the universe. On the third issue requires the establishment of fisheries courts throughout the territory of the Republic of Indonesia fisheries management. In this case the implementation of law enforcement in the fisheries sector becomes very important and strategic in order to support fisheries development. The spirit of the formation of this special justice is also based on the spirit to overcome the crisis of "powerlessness" of the existing justice institutions in responding to various legal issues, especially those related to law enforcement of fisheries criminal acts.The type of research or approach used by the author is normative legal research. Normative legal research is library legal research, in this normative legal research the authors conduct research on legal principles, namely the principle of justice which is simple, fast and low cost. Where the author is guided by the provisions in force. The data source used by the author in this study is secondary data.Settlement of fisheries cases according to Law Number 45 of 2009 concerning Fisheries in court after the investigation files have been submitted by investigators in the field to be transferred to the prosecutor begins since the investigation case files are declared complete, with a maximum time limit of 30 days the public prosecutor submits the case to district court (Article 76 paragraph (9) of the Fisheries Law). By observing that the suspect can only be detained for a maximum of 20 days and the maximum time limit for the prosecution is 30 days, it seems that the public prosecutor in processing the prosecution of fisheries cases has a choice, will use the detention time or the time limit for the prosecution to settle the case. The problem that arises then is when a region that does not have a fisheries court must resolve the problem of fisheries criminal acts through a district court.Settlement of fisheries criminal cases in Indonesia as regulated in Act Number 45 of 2009 concerning Fisheries which states that fisheries court is a special court established to resolve criminal offenses in the field of fisheries.Keywords: Fisheries Court, Investigations, Fisheries Crimes.

ANALISIS YURIDIS KEWENANGAN HAKIM PRAPERADILAN DALAM PERINTAH PENETAPAN TERSANGKA BARU DITINJAU DARI HUKUM ACARA PIDANA INDONESIA Dino Setiawan; Zulfikar Jayakusuma; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Adding pretrial objects to the Constitutional Court's decision No. 21 / PUU-XII / 2014 is a form of refinement of the functions of pretrial institutions. One of them was the addition of the object of determining the suspect in the realm of pretrial, which should have been able to strengthen the protection of human rights from the forced efforts of law enforcers to seek legal certainty and justice. The order to determine the suspect by the judge in the decision Number 24 / Pid.Pra / 2018 / PN.Jkt.Sel until now is still a pros and cons because it is not included in the pretrial object as stated in Article 1 point 10 Junto 77 KUHAP or MK Decision No. . 21 / PUU-XII / 2014, so that judges are deemed to have left their authority. The purpose of writing this thesis, namely, First, to find out whether the judge has the authority to order the determination of suspects in pretrial decisions No. 24 / Pid.Pra / 2018 / PN.Jkt.Sel, Second, whether there are legal remedies that can be taken after the pretrial ruling Number 24 /Pid.Pra/2018/PN.Jkt.Sel about the order to determine a new suspect by the South Jakarta District Court, Third, How is the validity of the order to determine a new suspect by a pretrial judge in decision Number 24 / Pid.Pra / 2018 / PN.Jkt.Sel in terms of the Indonesian criminal justice system.This type of research can be classified in the type of normative juridical research, which is precisely research that studies how to synchronize law, because in this study the authors use literary legal materials or secondary data only as data in this study, data sources used, primary legal materials, materials secondary law and tertiary legal material.From the results of research and discussion of the problem there are three main things that can be concluded. First, the pretrial judge in decision Number 24 / Pid.Pra / 2018 / PN.Jkt.Sel must be guided by Article 1 point 10 of Junto 77 of the Criminal Procedure Code that the judge still does not have the authority to order the investigator to determine a suspect against a person. Second, after the pretrial verdict Number. 24 / Pid.Pra / 2018 / PN.Jkt.Sel it is possible to submit ordinary legal remedies and also extraordinary legal remedies for the reason that the pretrial proceedings are quick and simple. This was also strengthened after the issuance of Supreme Court Regulation (PERMA) Number 4 of 2016. Third, the order to determine suspects in a pretrial ruling Number. 24 / Pid.Pra / 2018 / PN.Jkt.Sel was a violation of the provisions stipulated by the law Number 8 of 1981 which becomes the guideline in the procedure for determining a suspect. Because, the judge ordered the determination of suspects who were not his authority. Then it can be said that the decision violates the concept of the justice system - the process of law.Keywords: Pretrial, Determination of the suspect, Due Process of Law.

PENEGAKAN HUKUM TINDAKPIDANA TERHADAP KERUSAKAN FISIK DAYA TARIK WISATA DALAM RANGKA MEWUJUDKAN ASAS KELESTARIAN DAN BERKELANJUTAN KEPARIWISATAAN Duwi Cut Diana Putri; Zulfikar Jayakusuma; Mukhlis R
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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Tourism is a dynamic activity that involves many people and enlivens various fields of business. In national development, tourism is one of the fields that contributes significantly to the country's foreign exchange apart from the oil and gas sector, plays a role in expanding employment, encouraging and equitable regional development, increasing the welfare and prosperity of the people. Supervision of the threat of environmental destruction and pollution of tourist objects is an important aspect in maintaining and preserving tourism objects as national assets in contributing to national development in the form of providing employment and other economic activities as well as foreign exchange income for a country.This type of research can be classified in the type of sociological juridical research, because in this study the authors directly conduct research at the location or place of study in order to provide a complete and clear picture of the problem examined. This research is in the jurisdiction of Pekanbaru City. While the population and sample are the whole parties related to the problem examined in this study. Sources of data used, primary data, secondary data, and tertiary data, data collection techniques in this study with interviews and literature review.In the results of the research problem there are two main points that can be concluded, first, the supervision of the threat of damage and pollution of attractions is an important aspect in preserving tourism. The second obstacle in law enforcement is that the perpetrators of tourism fission damage are influenced by several factors; legal factors, legal relief factors, facilities and facilities factors, and cultural factors.Keywords: Law Enforcement Criminal Tourism

TINJAUAN YURIDIS PENCEMARAN LAUT OLEH KAPAL ASING YANG DISEBABKAN OLEH TERSANGKUTNYA JANGKAR KAPAL PADA PIPA MINYAK MILIK PT PERTAMINA DI WILAYAH LAUT TERITORIAL INDONESIA Maghfira Dwi Adisti; Zulfikar Jayakusuma; Widia Edorita
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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Environmental pollution that occurred in Balikpapan Bay due to leaking oil pipes belonging to PT. Pertamina is an important case because it causes pollution of the marine ecosystem so that it disrupts environmental functions. In this case, the leakage of the oil pipe was caused by the catch of the anchor of the MV Ever Judger ship, this caused Indonesia to not be directly responsible for it, as regulated in the UUPLH due to the absence of a single factor and as well as the presence of force forward in the case of pollution in Balikpapan Bay. The single factor error referred to in the pollution case in Balikpapan Bay is that more than one party is responsible for the subject. The first party is the MV Ever Judger ship who dumped the ship in the Prohibited Restricted Area (DTT), which should not have dumped the anchor because it could disrupt pipeline operations. The second party, PT Pertamina, as the owner of the pipes, needs to be checked whether the laying of the pipelines supplied with oil has taken into account the details of the pipes even in an emergency.The purpose of the author's research is to determine the effect of international regulations regarding violations by foreign ships that cause pollution in the sovereign territory of the Republic of Indonesia and to find out the efforts of national law in resolving the problem of violations by foreign ships that cause pollution in the sovereign territory of the Republic of Indonesia.This type of research the author is a type of juridical normative research, because in this study the authors took data based on literature review. From the results of the research, the research problems that can be concluded are, first, the author's research suggests the form of responsibility in environmental pollution that cannot be found a single factor of error and involves the subject of international law. The second problem is the Indonesian government's efforts in dealing with the pollution case in Balikpapan Bay, including the provision of punishment and compensation.

PERLINDUNGAN HUKUM INTERNASIONAL TERHADAP SILEK LINTAU SEBAGAI KEBUDAYAAN ASLI SUMATERA BARAT BERDASARKAN UNESCO CONVENTION FOR THE SAFEGUARDING OF THE INTAGIBLE CULTURAL HERITAGE 2003 M.Aidil Akbar; Zulfikar Jayakusuma; Aditiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Cultural heritage is a nation's indispensable identity to promote Indonesia'snational culture. Cultural heritage includes the culture of tangible culturalheritage and intangible cultural heritage. Indonesia's cultural heritage that hasbeen registered and managed by the Directorate General of Culture to date hasamounted to 594 cultural works. The cultural work consists of 137 people'scustoms, rites and celebrations; 160 works of traditional skills and crafts; 31cultural works in the field of knowledge and behavioral habits concerning theuniverse; 69 in the field of tradition and oral expression, as well as 197 culturalworks related to performing arts. Silek Lintau is one of the performing arts.Currently Silek Lintau is more popular in foreign country than in Indonesia, soSilek Lintau needs to be protected.This study uses a sociological legal research typology or so-called nondoctrinallegal research, more specifically discussing the effectiveness of the law.In this study the author uses the nature of descriptive research, because theauthors describe Implementation of Unesco Convention For The Safeguarding OfThe Intangible Cultural Heritage 2003 In Protecting Silek Lintau. The results ofthe research conducted by the author is, first Silek Lintau can be protectedinternationally through Convention UNESCO Convention For The SafeguardingOf The Intangible Cultural Heritage 2003. Besides can be protected through theRegime of UNESCO 2003, Silek Lintau can also be protected through IntellectualProperty Rights Regime, at UNESCO Convention On The Protection AndPromotion Of The Diversity Of Cultural Expression 2005. Central and localgovernments are obliged to advance the culture of the Indonesian nation. Inprotecting the culture, there are various obstacles, including the erosion ofcultural values due to lack of appreciation from the younger generation. Theshort-term solution that government can do is to promote a culture in variousevents, both at home and abroad.Keywords: Protection - International - Silek Lintau - UNESCO Convention

PERLINDUNGAN HAK-HAK MASYARAKAT ADAT DALAM HUKUM HAK ASASI MANUSIA INTERNASIONAL (Studi Perbandingan Perlindungan Hak-Hak Tenurial Masyarakat Adat di Indonesia dan Kenya) Rahmani Fitriah; Zulfikar Jayakusuma; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The existence of human rights and its arrangements is really important because without human rights, human cannot develop their talents and fulfill their needs. In addition to regulating human rights in general, there are also human rights arrangements held for indigenous peoples. Indigenous peoples are communities that live on the basis of ancestral ancestry over a customary territory, which has sovereignty over land and natural resources, socio-cultural life governed by customary law and traditional institutions that manage the sustainability of community life.The purpose of this thesis is to find out how international human rights law protect the rights of indigenous peoples and to find out how the protection of tenure rights of indigenous peoples in Indonesia and the protection of tenure rights of indigenous peoples in Kenya and the comparison of the protection on the both states.From the result of the research it is found that All states include Indonesia and Kenya have an obligation to uphold the rights possessed by indigenous peoples, especially their tenure rights. Even though the state has not ratified UNDRIP, ILO No.169 or does not regulate other regulations on the protection of the rights of the indigenous people, the state still have to protect their people and use any other regulation such as the Universal Declaration of Human Rights, ICCPR, ICESCR, etc as their legal based. The state has the duty to effectively protect the rights held by indigenous peoples as governed by international human rights law, regional regulations of their territories and also its national regulations. It is not permissible for the state to violate the rights possessed by indigenous peoples simply because their identities are different from the people in the country in general, or displace nor relocating them even under the pretext of conservation without their consent

IMPLIKASI KEBIJAKAN ANTI-DUMPING TERHADAP HUBUNGAN PERDAGANGAN INTERNASIONAL ANTARA INDONESIA DAN UNI EROPA (EUROPEAN UNION) Wahyu Okta Prasetyo; Zulfikar Jayakusuma; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Mewujudkan ketertiban dan keadilan di bidang perdagangan internasional, memerlukan aturan-aturan yang mampu menjaga hak-hak dan kewajiban para pelaku perdagangan internasional ini. Aturan-aturan di dalam hubungan perdagangan internasional tersebut seringkali menimbulkan dampak negatif dan berpotensi mengancam ekonomi suatu Negara. Tuduhan melakukan dumping baik yang terbukti atau tidak yang kemudian dibawa ke mekanisme penyelesaian sengketa ke WTO sering menyulitkan Negara berkembang dan terbelakang.Tujuan penulisan skripsi ini yaitu, untuk mengetahui implikasi kebijakan anti-dumping dalam hubungan perdagangan internasional antara Indonesia dan Uni Eropa (European Union) dan untuk mengetahui faktor yang mempengaruhi diterapkannya kebijakan anti-dumping dalam hubungan perdagangan antara Indonesia dan Uni Eropa (European Union).Implikasi diterapkannnya kebijakan anti-dumping bagi hubungan perdagangan antara Indonesia dan Uni Eropa akan menimbulkan rusaknya solidaritas antara para pihak dalam hubungan perdagangan internasionalnya. Ketika mempersoalkan penerapan langkah-langkah anti-dumping, Negara-negara maju harus memberikan perhatian khusus terhadap situasi khusus Negara-negara berkembang. Tiga faktor mengenai peningkatan penggunaan anti-dumping yang mengkhawatirkan, yaitu interpretasi peraturan anti-dumping nasional sangat luas sehingga banyak kasus yang masuk dalam kategori untuk melakukan anti-dumping, proses penyelidikannya sendiri sudah cukup mengganggu dan bahkan memberhentikan ekspor, hampir setengah dari tindakan anti-dumping tidak pernah diselesaikan secara tuntas karena didahului dengan negosiasi untuk melakukan penurunan ekspor secara sukarela oleh pengekspor (voluntary export restraint – VER).Kata Kunci: Hukum Perdagangan Internasional-Antidumping-WTO-Negara Berkembang

PERLINDUNGAN HUKUM ATAS PENGGUNAAN HASIL FOTO DARI FOTOGRAFER SEBAGAI MEDIA PROMOSI DI MEDIA SOSIAL INSTAGRAM Syaiful Waliyadin; Zulfikar Jayakusuma; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Copyright is part of a set of rights which is called Intellectual Property Rights. Intellectual Property Rights is covering an area of law that concerns the rights of jurisdiction over the works or creations if the results of human thought interlocked with interests are economic and moral. This study aims to determine the legal protection of the use of the results of the photo of a photographer where the results of the photos from photographers such as social media, namely Instagram, based on Law Number 28 of 2014 On Copyright and also remedies that can be done by photographers as the victim for the use of the photos as a media promotion social media Instagram.This type of research is classified into legal research methods sociological because the purpose of this study was to see the level of synchronization of the law based on copyright law Number 28 of 2014 on Copyright, as well as the laws and regulations related to the reality of life in the community. The source of the data used is primary data, secondary data, and tertiary data by performing data collection techniques interviews, literature review, and data analysis.The results of this study two main things can be concluded First, the Implementation of the protection of the rights of the copyright photos in Pelalawan not run as outlined in the copyright law. It can be known from the persistence of violations related to copyright, violation of this even be done by the government, where they should participate in implementing the protection of copyright, what's copyright a work that comes from their area. Second, Efforts can be taken by the copyright holders of the photo against the violation of use of the photos is to use two ways, namely in litigation or through the Commercial Court and non-litigation such as mediation, conciliation, negotiation, and conciliation.Keywords: Legal Protection – Copyright– Social Media

ANALISIS YURIDIS KEWENANGAN HAKIM PRAPERADILAN DALAM PERINTAH PENETAPAN TERSANGKA BARU DITINJAU DARI HUKUM ACARA PIDANA INDONESIA Dino Setiawan; Zulfikar Jayakusuma; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Adding pretrial objects to the Constitutional Court's decision No. 21 / PUU-XII / 2014 is a form of refinement of the functions of pretrial institutions. One of them was the addition of the object of determining the suspect in the realm of pretrial, which should have been able to strengthen the protection of human rights from the forced efforts of law enforcers to seek legal certainty and justice. The order to determine the suspect by the judge in the decision Number 24 / Pid.Pra / 2018 / PN.Jkt.Sel until now is still a pros and cons because it is not included in the pretrial object as stated in Article 1 point 10 Junto 77 KUHAP or MK Decision No. . 21 / PUU-XII / 2014, so that judges are deemed to have left their authority. The purpose of writing this thesis, namely, First, to find out whether the judge has the authority to order the determination of suspects in pretrial decisions No. 24 / Pid.Pra / 2018 / PN.Jkt.Sel, Second, whether there are legal remedies that can be taken after the pretrial ruling Number 24 /Pid.Pra/2018/PN.Jkt.Sel about the order to determine a new suspect by the South Jakarta District Court, Third, How is the validity of the order to determine a new suspect by a pretrial judge in decision Number 24 / Pid.Pra / 2018 / PN.Jkt.Sel in terms of the Indonesian criminal justice system.This type of research can be classified in the type of normative juridical research, which is precisely research that studies how to synchronize law, because in this study the authors use literary legal materials or secondary data only as data in this study, data sources used, primary legal materials, materials secondary law and tertiary legal material.From the results of research and discussion of the problem there are three main things that can be concluded. First, the pretrial judge in decision Number 24 / Pid.Pra / 2018 / PN.Jkt.Sel must be guided by Article 1 point 10 of Junto 77 of the Criminal Procedure Code that the judge still does not have the authority to order the investigator to determine a suspect against a person. Second, after the pretrial verdict Number. 24 / Pid.Pra / 2018 / PN.Jkt.Sel it is possible to submit ordinary legal remedies and also extraordinary legal remedies for the reason that the pretrial proceedings are quick and simple. This was also strengthened after the issuance of Supreme Court Regulation (PERMA) Number 4 of 2016. Third, the order to determine suspects in a pretrial ruling Number. 24 / Pid.Pra / 2018 / PN.Jkt.Sel was a violation of the provisions stipulated by the law Number 8 of 1981 which becomes the guideline in the procedure for determining a suspect. Because, the judge ordered the determination of suspects who were not his authority. Then it can be said that the decision violates the concept of the justice system - the process of law.Keywords: Pretrial, Determination of the suspect, Due Process of Law.

PELAKSANAAN PAGANG GADAI SAWAH BERDASARKAN HUKUM ADAT DI KANAGARIAN KOTO TINGGI KECAMATAN BASO KABUPATEN AGAM PROVINSI SUMATERA BARAT Farhan Muhammad Aziz; Zulfikar Jayakusuma; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Land is an important element of the formation of the State, in achieving the goals of the State, government intervention is needed, but the cultural diversity of each region is one of the obstacles to the implementation of national law, pawning land is one of the land transactions that still exists and is the needs of Indonesian indigenous peoples including customary law Minangkabau. Where transactions are carried out by Minangkabau indigenous people especially in Kanagarian Koto Tinggi, Agam Regency where many transactions have taken place for decades without any time limit, either orally or in writing.The purpose of this research is to find out how the implementation of the existing pawn apprenticeships in Koto Tinggi Kanagarian and what are the legal consequences of the implementation of the pawn apprenticeship. This type of research is sociological juridical, analytic descriptive research. The research location was Kanagarian Koto Tinggi, Baso Subdistrict, Agam Regency, West Sumatra Province. Data sources used, primary data, secondary data and tertiary data. Data collection techniques with interviews and literature review.From the results of this study, it was concluded that, first, the pawning process in Koto Tinggi Kanagarian began with the agreement of families and people who would pawn the fields and the implementation did not use a time limit. Second, it has been going on for decades ago redemption is based on the price of gold at the time of redemption so that debtors are unable to cut down especially the middle to lower class because the price of gold has gradually increased in price. The author's suggestion is, first, the Government of Agam Regency, West Sumatra Province in general, make a written rule regarding the implementation of pawning apprenticeships, so that with this regulation facilitate the implementation of pawning apprenticeships by the Minangkabau community and mutual benefit between the parties. Second, the Government must be able to socialize, so that the purpose of Article 7 of Law No. 56 of 1960 concerning the Determination of Agricultural Land Area can be achieved.Keywords: Pawn Merchants - Customary Law - In Minangkabau

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