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ASPEK HUKUM INTERNASIONAL MILITERISASI DI RUANG ANGKASA (STUDI KASUS MILITERISASI RUANG ANGKASA OLEH AMERIKA SERIKAT) Sigi, Immanuel; Kusuma, Zulfikar Jaya; Putri, Adi Tiara
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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In 2019 The United Stetes creates a space force command that called as The United States Space Command the purposes are to empower capabilities of United States military so it can prevent or support future conflict.By legitimating its action on national security purpose it is appeared new issues on others country about their right of using outer space. This type of research can be classified as normative legal research Legal research is carried out by examining library material or mere secondary data.As a results of the research problem, there are the main things that can be considered. First, uridical studies on militarization of space according to international law has not regulated comprehensively on international sistem. However, every country prohibited to place or instal on the orbit or arround the earth or on celestial body of anything that could carrying nuclear weapons. Beside that, every country incorporated in the agreement is prohibited from forming military bases, forming installations and testing all types of weapons and military maneuvering behavior on celestial bodies.United Statess authority on establishing, developing, dan conducting militarization of space are contradicted on many Resolutions that adopted and made by the United Nations and international treaties. American violations of many Resolutions adopted and made by the United Nations and international treaties are a form of inconsistency of the United States on its role to maintain world stability and security.Keyword :Militerisation, Outer space, Security.

ANALISIS YURIDIS TERHADAP KEKUATAN PEMBUKTIAN AUDIT INVESTIGASI OLEH BADAN PENGAWASAN KEUANGAN DAN PEMBANGUNAN SEBAGAI KETERANGAN AHLI DALAM PENANGANAN TINDAK PIDANA KORUPSI WAHYUDI, PANDJY SATRIA; Kusuma, Zulfikar Jaya; Erdiansyah, Erdiansyah
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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Indonesia is a state based on law. One of the legal rules used in a criminalprocedure, namely the criminal procedure code as a codification and legalunification. Based on the provisions of Article 184 paragraph (1) of the Law onCriminal Procedure (Criminal Procedure Law) states about legal evidence, oneof which is expert statements. In the provisions of article 1 number 28 of thecriminal procedure code it is regulated about expert statements as legal evidenceaccording to law. Disclosure of corruption through witness testimony from anexpert in the financial and development oversight body is very influential andstrengthens the confidence of the judge in considering strong and valid evidencebefore the trial. The purpose of this is: first, to find out the form of evidence of thestrength of the investigative audit by the Financial and Development SupervisoryAgency as an expert statement in handling corruption. Second, to find out thebasis for conducting an audit investigation by the Financial and DevelopmentSupervisory Agency as an expert statement in handling corruption.This research is a normative juridical. The data source is secondary dataconsisting of primary legal materials, secondary law and tertiary legal materials.Data collection techniques in this study is a review of literature and documentarystudies and data analysis use thecnical deductive method.From the results of the study it can be concluded, first, the form of thestrength of the evidence of an investigative audit by the Financial andDevelopment Supervisory Agency as an expert statement in the handling ofcriminal acts of corruption is divided into several forms, namely physical testing,confirmation evidence, documentary evidence, observational evidence, questionand answer evidence by auditing, re-implementation, and analysis procedures.Second, the basis of the strength of the evidence of investigative audit by theFinancial and Development Supervisory Agency as an expert statement inhandling corruption is as a fulfillment of the request letter from the investigatingagency or the public prosecutor in accordance with the Decision of theConstitutional Court Number 31 / PUU-X / 2012 October 23, 2012.Keyword: Corruption Crime-Investigative Audit-Expert Statement

Analisis Yuridis Sengketa Perdagangan Antara Amerika Serikat Dan China Dikaitkan Dengan Eksistensi World Trade Organization Sebagai Organisasi Perdagangan Internasional Sianipar, Dewi Sartika Bulan; Kusuma, Zulfikar Jaya; Diana, Ledy
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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International trade law aims to provide legal certainty and create order for international law subjects. One source of international trade law is GATT which is now replaced by the WTO. In an effort to meet needs through international trade, trade disputes often arise as happened between the two developed countries the US and China. In this case, the United States issued a policy of raising tariffs for various products from China. China also responded by raising tariffs for various products from the US. The actions of these two countries are called tariff wars or trade wars. In the GATT, tariff regulation is regulated in Article II of the GATT on the concession schedule. Where according to Article II of the GATT, the state must not increase arbi-trary tariffs without prior negotiations. in addition to regulating tariffs one of the main activities of the GATT / WTO is as the organizer of a dispute resolution forum in case of violations of the rights and obligations of member countries. The purpose of writing this thesis, namely: first, to find out the United States tariff increase policy is a violation of GATT / WTO rules, second, to find out the existence of the World Trade Organization in resolving trade disputes between the United States and the United States. China. This type of research is normative legal research using research methods on legal principles. Data collection techniques in this study with the study of literature. From the results of the research problem there are two main things that are conclud-ed. First, the US policy in raising import tariffs on China is a violation of the WTO regulatory framework and also some of the principles that exist in the WTO such as the binding tariff principle and the principle of protection through tariffs. second, the stage of dispute resolution that has been passed by the US and China is consultation between the two countries. The WTO does not have an active role in resolving trade disputes between the US and China because of the vacant position in the WTO ap-peals body which makes the WTO's role as a dispute resolution forum unable to run optimally.Keywords : Trade War -Tariff - United Nations - China- dispute resolution

PENEGAKAN HUKUM TINDAK PIDANA MENGUBAH FUNGSI HUTAN MENJADI LAHAN PERKEBUNAN DI TAMAN NASIONAL TESSO NILO Boby Dermawan Karo Karo; Zulfikar Jaya Kusuma; Erdiansyah Erdiansyah
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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Crime against forestry is a special criminal act regulated by criminalprovisions. Special criminal law is part of criminal law which is spread in variouslaws that are formed to regulate legal material specifically. Tesso Nilo NationalPark is a national park located in Riau province, Indonesia. Tesso Nilo NationalPark is a nature conservation forest area that has native ecosystems managed bya zoning system. The purpose of this paper is; firstly; to find out about the lawenforcement of forestry crime occurring in Teso Nilo National Park related to theconversion of forest land into plantations; second; to find out the problems offorestry crime that occur in Teso Nilo National Park; third; to find out theapplication of sanctions for legal provisions concerning forest conversionfunctions.This type of research can be classified as a type of sociological legalresearch, this research is descriptive, that is research that describes various factsand symptoms found in the Tesso Nilo National Park area for the activities ofconversion of protected forests. This research is a manifestation of researchresults regarding real or appropriate laws that live within the Tesso Nilo NationalPark area.From the results of research and discussion it can be concluded that,firstly; weak enforcement of forestry criminal law against perpetrators of forestconversion into plantation land; second; It is difficult to prosecute actorsinvolved, both directly and indirectly in plantation activities in protected forests.Keywords: Forestry Crime-Law Enforcement-Sanctions

PERLINDUNGAN HUKUM BAGI PEMEGANG HAK CIPTA FILM DARI KEGIATAN STREAMING DAN DOWNLOAD PADA WEBSITE ILEGAL Hendrianto Hendrianto; Zulfikar Jaya Kusuma; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Illegal movie download activities can be detrimental to a film copyright holder because users candownload movies without having to ask permission and pay as they would if they were to watch a movie in acinema. Such activities certainly can reduce the creativity and spirit of the creation of filmmakers andhinder the development of the creative economy, which currently plays an important role for the country'seconomy and has contributed Rp. 104.4 Trillion or an average of 4.75% of GNP (Gross National Product )As a result of the widespread download and streaming of movies on illegal websites, the government hassuffered losses of more or less found the figure of 4 (four) Trillion Rupiah because the films circulating onillegal websites are not taxed.The type of research used in this study is normative juridical, namely research conducted or aimedat written legislation and forms of official documents, also called (secondary data).From the results of the study, the authors concluded that the legal consequences of copyrightinfringement from downloading and streaming movies on illegal websites as stipulated in Article 99 of LawNumber 28 of 2014 concerning Copyright, by a creator or holder of copyright / related rights, are civilized.entitled to claim compensation for copyright infringement. Whereas viewed from the criminal aspect in theCopyright Act there are several criminal sanctions in the form of imprisonment for a maximum of (4) yearsand / or criminal penalties of no more than Rp1,000,000,000.00 (one billion rupiah). Law No. 11 of 2008concerning Electronic Information and Transactions also contributes criminal sanctions to violators with amaximum imprisonment of 8 (eight) years and / or a fine of a maximum of Rp. 2,000,000,000.00 (two billionrupiah). Second, legal protection of the moral rights and economic rights of the creator needs to beimproved considering the increasing number of piracy carried out by illegal film websites. A film copyrightholder has a personal intellectual property and gives him the right to explore the economic rights of hiscreation.Keywords : Legal Protection - Copyright Streaming Films Download Movies - Illegal Website

PERLINDUNGAN EKSPRESI BUDAYA TRADISIONAL MASYARAKAT ADAT MELAYU DI PROVINSI RIAU Tengku Mega Rahmadini; Zulfikar Jaya Kusuma; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Traditional cultural expressions are knowledge, skills and practices that are developed, maintained and passed down from generation to generation in society, which often forms part of the cultural or spiritual identity of that society. At present there is no clear protection and regulation of the potential that comes from traditional knowledge and traditional cultural expressions from both economic and moral aspects so that they can be claimed by foreign parties or commercialized without sharing the benefits to the bearer community. The purpose of this study is to determine the protection of traditional cultural expressions of Malay indigenous peoples in Riau Province, to find out legal and non-legal issues that are obstacles in protecting traditional cultural expressions of Malay indigenous peoples in Riau Province, and to find a way out of the problem of protecting cultural expression traditional Malay traditional community in Riau Province. The type of research or problem approach that will be used in this research is normative juridical, namely research conducted by examining secondary legal material or research based on standard rules that have been recorded is also called library research.Protection of folklore in the Copyright Act has not been effective, the protection is still difficult to implement, because until now the Government Regulation referred to in article 38 paragraph (4) of Law number 28 of 2014, does not yet exist. Legal constraints in protecting the traditional cultural expressions of Riau Province include: regulation of related rights that are ignored, there are no implementing regulations due to the absence of Government Regulation referred to in Law Number 28 of 2014, and the delays in the formation of the Draft Law on Traditional Knowledge and Expression Traditional cultures that have not yet been ratified, non-legal constraints include: indigenous communities that are communalistic and put forward the concept of community, the concept of folklore as intellectual property has not yet been fully accepted by indigenous peoples, and indigenous peoples who do not care about protection efforts. To get world recognition for national cultural heritage, Indonesia must follow the stages and format determined by UNESCO.Keywords: Protection of Folklore, Traditional Cultural Expressions, Indigenous Peoples.

TINJAUAN YURIDIS PENGGUNAAN GANJA UNTUK KEBUTUHAN MEDIS Muhammad Nanda Khairul; Zulfikar Jaya Kusuma; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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The state guarantees the health of every citizen as stated in the 1945 Constitution, health improvement must be improved so that the situation is better than what is already there. Everyone has the right to live in physical and mental prosperity, to live and get a healthy living environment and obtain health services, Canada and other countries have legalized marijuana for health needs, marijuana was once used by Fedelis Adi Suseno for his wife's medical needs but contravenes Law Number 35 of 2009 concerning Narcotics. From this background, a problem formulation was born, namely, first, how do you regulate the use of marijuana in Indonesian legislation? Second, what is the ideal concept for medical personnel in the use of narcotic marijuana class 1 in the future? This type of research can be classified as normative-juridical research where this research is carried out on the level of vertical and horizontal synchronization, so that what is examined is to what extent the written positive law is compatible. In this study, the data sources used were secondary data with primary, secondary, and tertiary legal materials which were carried out by means of literature study.From the research results obtained that, first, marijuana is a narcotic substance that has great potential to be legalized either through discriminalization or comprehensive legalization, Canada, South Africa, Uruguay, and California each have legalized marijuana for health needs, however Indonesia has never discussed marijuana separately from various kinds of coverage related to regulatory developments, legalization and discriminalization. This has led to the emergence of social norms regarding cannabis as one of the banned plants in the world and recorded in the UN Single Convention on Narcotics and Drugs 1961. Second, in terms of economics, optimization of cannabis for medical needs is not only used to cure diseases but can also be an alternative source. country income. The author's suggestion is that countries should reduce cannabis from class 1 to lower classes so that there is a permanent legal force that guarantees the use of cannabis as a medical drug, given the UN's decision through WHO which has categorized cannabis as a medicinal plant and legalized marijuana for medical purposes.Keywords: Legalization-Cannabis-Health.

PERTANGGUNGJAWABAN PIDANA TENAGA MEDIS YANG MELAKUKAN KESALAHAN DIAGNOSA TERHADAP PASIEN BERDASARKAN UNDANG-UNDANG NOMOR 36 TAHUN 2014 TENTANG TENAGA KESEHATAN Johana Supra Silaban; Zulfikar Jaya Kusuma; Erdiansyah Erdiansyah
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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From a legal standpoint, negligence or error will be related to the nature of illegal acts carried out by people who are capable of being responsible. A person is said to be able to be responsible if he can realize the true meaning of his actions. And an act is categorized as "criminal malpractice" if it fulfills the formulation of criminal offense, that is, the act must be a disgraceful act and the wrong mental attitude in the form of intentions, carelessness or negligence is carried out. When medical personnel make a diagnosis error, the implications are directly felt by the patient. However, medical personnel who make mistakes cannot immediately be held accountable. Because, there are no regulations that bind medical personnel if they make mistakes related to the problem of misdiagnosis. The purpose of writing this thesis is : first, to find out the consequences that occur from a diagnostic error made by medical personnel to the patient, Secondly, to find out the ideal setting of criminal responsibility for medical personnel who make a diagnosis of the patient. This type of research is normative legal research or can be referred to as doctrinal legal research. From the results of the problem research there are two main things which are concluded, first, medical personnel who make a diagnosis of a patient based on Law Number 36 Year 2014 concerning Health Workers cannot immediately be asked for criminal responsibility, because, there is no regulation that binds medical personnel if make mistakes related to the problem of misdiagnosis. Second, in terms of criminal liability based on Law Number 36 of 2014 concerning Health Workers, the regulation does not regulate the criminal liability of hospitals, for any errors or negligence committed by medical personnel. Keywords: Error Diagnosis - Actions against the Law - Implications

ANALISIS YURIDIS TERHADAP KEKUATAN PEMBUKTIAN AUDIT INVESTIGASI OLEH BADAN PENGAWASAN KEUANGAN DAN PEMBANGUNAN SEBAGAI KETERANGAN AHLI DALAM PENANGANAN TINDAK PIDANA KORUPSI PANDJY SATRIA WAHYUDI; Zulfikar Jaya Kusuma; Erdiansyah Erdiansyah
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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Indonesia is a state based on law. One of the legal rules used in a criminalprocedure, namely the criminal procedure code as a codification and legalunification. Based on the provisions of Article 184 paragraph (1) of the Law onCriminal Procedure (Criminal Procedure Law) states about legal evidence, oneof which is expert statements. In the provisions of article 1 number 28 of thecriminal procedure code it is regulated about expert statements as legal evidenceaccording to law. Disclosure of corruption through witness testimony from anexpert in the financial and development oversight body is very influential andstrengthens the confidence of the judge in considering strong and valid evidencebefore the trial. The purpose of this is: first, to find out the form of evidence of thestrength of the investigative audit by the Financial and Development SupervisoryAgency as an expert statement in handling corruption. Second, to find out thebasis for conducting an audit investigation by the Financial and DevelopmentSupervisory Agency as an expert statement in handling corruption.This research is a normative juridical. The data source is secondary dataconsisting of primary legal materials, secondary law and tertiary legal materials.Data collection techniques in this study is a review of literature and documentarystudies and data analysis use thecnical deductive method.From the results of the study it can be concluded, first, the form of thestrength of the evidence of an investigative audit by the Financial andDevelopment Supervisory Agency as an expert statement in the handling ofcriminal acts of corruption is divided into several forms, namely physical testing,confirmation evidence, documentary evidence, observational evidence, questionand answer evidence by auditing, re-implementation, and analysis procedures.Second, the basis of the strength of the evidence of investigative audit by theFinancial and Development Supervisory Agency as an expert statement inhandling corruption is as a fulfillment of the request letter from the investigatingagency or the public prosecutor in accordance with the Decision of theConstitutional Court Number 31 / PUU-X / 2012 October 23, 2012.Keyword: Corruption Crime-Investigative Audit-Expert Statement

LARANGAN PERNIKAHAN SESUKU SEKAMPUNG SEPUCUK ADAT DIKENAGARAIAN AIA MANGGIH KABUPATEN PASAMAN SUMATERA BARAT Aci Lovita Sari; Zulfikar Jaya Kusuma; Ulfia Hasanah
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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Custom is a reflection of the personality of a nation, is one of theincarnations of the soul of the nation concerned from century to century. For thepeople of Indonesia, the law that becomes the benchmark for behavior iscustomary law. Customary law is considered as a rule of life to achieve peace insociety. One of the rules in customary law is marriage.Marriage is a spiritual bond between a man and woman as husband andwife with the aim of forming a happy and eternal family based on the Godhead ofthe Almighty. However, not all marriages can be carried out even though theyhave fulfilled the agreed terms and conditions. In Kenagarian Aia M Advanced,Pasaman Regency, West Sumatra, there was a prohibition on marriage to atribe as a traditional village. The existence of this prohibition is caused by severalfactors and also some very bad effects for the perpetrators, families and even theirdescendants later. The formulation of the problem in this thesis, namely: First,what are the factors causing the prohibition of marriage to a tribe of a village inthe Kenagarian Aia M Advanced Pasaman Regency, West Sumatra? Secondly, arethere any limits on the level of heredity for the prohibition of marriage to a tribeof a tribe in Kenagarian Aia M Sophisticated, Pasaman, West Sumatra?This type of research used is a type of sociological juridical research,because in this study directly conducted research at the site in order to provide acomplete and clear picture of the problem under study. This research wasconducted in Kenagarian Aia M Advanced Pasaman Regency, West Sumatra,while the population and sample were all parties concerned with the problemsexamined in this study, the data sources used, primary data, secondary data andtertiary data, data collection techniques in this study with interview and literaturestudy. From the results of the study, there are three main things that can beconcluded..Keywords: Sesuku Marriage, Prohibition

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