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PERLINDUNGAN HUKUM TERHADAP PENGUNGSI (REFUGEE) ROHINGYA YANG BERADA DI INDONESIA SEBAGAI NEGARA YANG BELUM MERATIFIKASI KONVENSI TENTANG PENGUNGSI 1951 DAN PROTOKOL TAMBAHAN 1967 Mhd Irpan Pulungan; Evi Deliana; Adi Tiara Putri
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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People who make the move or commonly called refugees can be in the form individual or groups. Refugees not only come from one region to another in the same country, however its not uncommon for refugees to move from one country to another in order to seek protection for their human rights both for themselves and relatives and family (groups). Indonesia is a country that has been affected by a wave of refugees in recent years. Indonesia is made a transit country to go third countries as a destination for refugees, because Indonesia is the most ideal place for refugee stops. The problem of refugees now is the influx of refugees from Myanmar, and one of the countries affected by the Rohingya ethnic displacement is Indonesia. Writing this thesis, namely: First, to find out the legal protection of Rohingya refugees who are in Indonesia. Second, to know the attitude and policy of Indonesia in dealing with Rohingya refugees in Indonesia as a recipient country that has not ratified the 1951 Refugee Convention and the 1967 Additional Protocol.This type of research can be classified, normative legal research type. because in this study describes clearly and in detail about the legal protection of Rohingya refugees in Indonesia. Data sources used are secondary data sources consisting of primary data, secondary data, and tertiary data, data collection techniques, namely library research, then the data collected is analyzed to draw conclusions.From the results of the research and discussion it can be concluded that, Firstly although Indonesia is one of the countries that has not ratified the rules regarding the 1951 Convention on Refugees and Additional Protocols in 1967, Indonesia as a country still provides protection. Where the Indonesian government gives authority to UNHCR and IOM to deal with the problem of refugees who are in Indonesia. One form of protection is to provide costs and meet the needs of refugees while in Indonesia. Second, Indonesia has set its attitude and policy in dealing with Rohingya refugees as recipient countries that have not ratified it by establishing the principle of non-refoulement. The principle of non-refoulement is the principle listed in article 33 of the 1951 Convention which contains a prohibition on the eviction and return of refugees. 125 of 2016.Keywords: Legal Protection, Rohingya Refugees, The 1951 Convention and The 1967 Protocol

Tinjauan Yuridis Mengenai Pembelaan Terpaksa (Noodweer) Sebagai Alasan Penghapus Pidana (Studi Putusan Nomor: 1/Pid.Sus-Anak/2020/Pn Kpn) Lina Dwita Damryani Situmorang; Mukhlis R; Adi Tiara Putri
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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The reason for the annulment of punishment is a regulation that is primarily aimed at judges. This regulation stipulates the various circumstances of the perpetrator, who have fulfilled the formulation of offenses as stipulated in the Law, who should be convicted, but not convicted If a person who makes a forced defense which is the reason for the annulment of punishment, is later found guilty of his treatment, then this is clearly contrary to the substance of the rule of law itself as in Article 49 of the Criminal Code.This study will examine the subject matter according to the scope and identification of the problem through a normative juridical approach, with the analysis of Decision Number 1 / Pid.Sus-Anak / 2020 / Pn Kpn. Based on the normative research method, the data source used in this study is a secondary data source consisting of 3 legal materials, namely: primary legal materials, secondary legal materials, tertiary legal materials. Data collected from literature study.Then from the results of the research related to the noodweer, there were cases related to forced defense, including in Decision Number 1 / Pid.Sus-Anak / 2020 / Pn Kpn which started from the perpetrator who made a forced defense by committing acts of persecution which led to the death of a person. , was convicted and convicted as a perpetrator of a criminal act of maltreatment and ended in the defendant being convicted by imposing a punishment for Development in an Institution at a Child Welfare Institution for 1 year. This is certainly contrary to Article 49 of the Criminal Code, which should not be punished, especially because the perpetrator is a child.Keywords: Application of Forced Defense (Noodweer) - Decision Number: 1/Pid.Sus-Anak/2020/Pn.Kpn

ANALISIS YURIDIS JASA TITIP DALAM PERDAGANGAN ANTAR NEGARA YANG MEMPENGARUHI DEVISA NEGARA INDONESIA DALAM KERANGKA MASYARAKAT EKONOMI ASEAN Windy Aprila; Zulfikar Jayakusuma; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Currently there is an interesting phenomenon related to online business opportunities, namely titip service business (jastip). Jastip offers help to people who need or want to buy something but can't go where they want to. There is a deposit service fee when entering the territory of Indonesia. From the background of the problem, the formulation of the problem was born, namely, first how is the juridical analysis of titip services in trade between countries that affect the foreign exchange of The Indonesian state within the framework of the ASEAN Economic Community, Second, What countermeasures has the Indonesian government done in tackling splitting mode in titip service activities, The purpose of this writing is to know the juridical analysis of deposit services in trade between countries that affect the foreign exchange of The Indonesian state within the framework of the ASEAN Economic Community and to know the countermeasures that have been done by the Indonesian government in tackling splitting mode in the implementation of titip services. This type of research can be classified as normative-juridical research where this research is conducted on legal principles that point to the rejection of certain areas of legal system, by conducting advance identification of the legal methods that have been formulated in certain legislation. In this study, the data source used is secondary data with primary, secondary, and tertier legal materials conducted by means of literature studies. From the results of the research obtained that, first, the juridical analysis of titip services in trade between countries that affect the foreign exchange of the country in the framework of the ASEAN Economic Community, namely the increasing activity of titip services between these countries will lead to a decrease in foreign exchange in Indonesia, the law governing titip services in detail is not contained in the rules in Indonesia. This is because titip services can be done commercially or not. Titip services provide stimulus to imports within the framework of the ASEAN Economic Community, secondly, the countermeasures that have been done by the Indonesian government in tackling splitting mode in titip service activities, namely by cooperating with merchant associations and collecting information from the public, Checking Goods On Customs Custom on Passengers who cheat, Checking Purchase Documents, and anti splitting.Keywords : Jasa Titip-Perdagangan-MEA

ANALISIS UNSUR KESALAHAN (MENS REA) TERKAIT TINDAK PIDANA PENGANIAYAAN (STUDI KASUS PUTUSAN NOMOR : 372/PID.B/2020/PN JKT.UTR) Pengky Stephen Sigalingging; Erdianto Effendi; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Cases of criminal acts of persecution continue to be in the public spotlight, this happens because there are many cases of criminal acts of persecution that cause unrest in the community. Not only cases of criminal acts of persecution that were carried out spontaneously, but also those that were planned in advance and caused serious injuries. This study explains the problems regarding the application and proof related to the element of error (mens rea) in the form of intentional and unintentional in Decision Number: 372/Pid.B/2020/PN.Jkt Utr. As there is a discrepancy with the existing actus reus and causes the element of error in the form of intentional turning into negligence. This is because there is no definite basis that can be used in applying the element of error (mens rea) in cases of criminal acts of persecution. This thesis will explore the application of the element of error (mens rea) in the case of Decision Number: 372/Pid.B/2020/PN.Jkt Utr.This type of research is normative legal research that uses case studies of literature in collecting and searching data. In this study, the authors conducted research on legal theory, namely the theory of criminal law policy and the theory of legal certainty. This research is a descriptive research, which is a research method that describes the actual situation at the time of the research through data collection which is then interpreted with each other so that the formulation and analysis of an existing problem is obtained. Data analysis used by researchers in this study is qualitative data analysis, namely data analysis that does not use statistics or other things, but researchers simply describe descriptively or verbally based on the data obtained.The results of this study can be concluded in two main things. First, the evidence and application of the element of error (mens rea) by the Panel of Judges in the North Jakarta District Court Decision Number: 372/Pid.B/2020/PN.Jkt.Utr is considered inappropriate. As in the proof and application of the element of guilt (mens rea) in the case, the judge stated that the consequences of the act were not included in the mens rea so that the act was considered as negligence. Meanwhile, the act should have entered the realm of "deliberate" in which the Defendant was aware of the possibility of other consequences but continued to commit his actions. This shows that there is an error in the application of the element of error (mens rea) which leads to the absence of legal certainty in the criminal law enforcement process. Second, the parameters that determine the emergence of the element of error (mens rea) from each decision have a significant difference in applying the element of mens rea. The absence of a definite basis results in the application of the mens rea element not having legal certainty. The absence of legal certainty is certainly very contrary to criminal law policies which are supposed to provide certainty, justice, and benefits.Keywords: Persecution, Mens Rea, Seriously Injured.

ANALISIS YURIDIS PENANGKAPAN DUTA BESAR INGGRIS OLEH OTORITAS IRAN BERDASARKAN VIENNA CONVENTION ON DIPLOMATIC RELATIONS 1961 Agung Prayoga; Evi Deliana; Adi Tiara Putri
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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This paper aims to discuss how the juridical analysis of the case of the arrest of the British Ambassador to Iran named Rob Macaire, the ambassador was arrested on January 11, 2020 near Amir Kabir University. The arrest was carried out by Iranian authorities on the allegation that Rob Macaire had instigated the anti-government era that broke out in Tehran at that time, it happened because the public was disappointed with the Iranian authorities who made the mistake of shooting the Boeing 752 plane belonging to Ukraine. The arrests carried out by the Iranian authorities had no clear reason and were not supported by solid evidence, the arrests were made on accusations that were not necessarily a form of violation of international treaties, namely article Vienna Convention on Diplomatic Relations 1961 (Vienna Convention 1961) regarding Diplomatic Relations, which regulates that an Ambassador or a diplomatic official cannot be contested, whether arrested or detained.This type of research is normative legal research, namely using literature case studies in data search. In this study the authors conducted research on the principles of law, namely the principle of immunity and the principle of Pacta suntservanda. This research is a descriptive research, which is a research method that describes the actual situation at the time of the research through data collection which is then interpreted to one another in order to obtain the formulation and analysis of an existing problem. Analysis of the data used by researchers and this is qualitative data analysis, namely analysis which does not use statistics or other things, but researchers simply describe descriptively of the data obtained.The results of this study can be concluded into three main points. First, based on the 1961 Vienna Convention on Diplomatic Relations, that the arrest of the British ambassador by the Iranian Authority on the accusation that the ambassador committed anti-government incitement was declared wrong, the arrest was not supported by evidence that strong but only accusations and an ambassador has immunity from being arrested and detained in the host country. Second, the arrest made by the Iranian Authority is a form of violation of the 1961 Vienna Convention, this raises the responsibility of the state, this can be in the form of an apology by Iran to the British ambassador and to Britain for the incident and ensuring that it will not be repeated and Iran can sanction its Authorities who make arrests on the basis of charges. Third, actions that a recipient country should be able to take if a representative in the receiving country commits an offense, namely by making a persona non grata declaration of the diplomatic official.Keywords: Arrest, Detention, Ambassador, Responsibility

TINJAUAN YURIDIS TERHADAP PERUBAHAN PERATURAN DAERAH KOTA PEKANBARU NOMOR 7 TAHUN 2017 TENTANG RENCANA PEMBANGUNAN JANGKA MENENGAH DAERAH (RPJMD) TAHUN 2017-2022 Sherly Permata Yendra; Mexsasai Indra; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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In carrying out regional development, the government requires good and accurate development planning. Consistency and directed planning based on data which is an integral part of the regional planning process, it is accurate with the details of the terms and conditions of the Regional RPJM which are regulated in detail in the Domestic Regulation Number 86 of 2017. The methods and requirements of regional development planning must refer to the contained in the legislation on development planning in order to ensure consistency and the achievement of the objectives of development planning in the regions. In the Draft Regional Regulation Number 7 of 2017 concerning the Regional Medium-Term Development Plan (RPJMD) in Pekanbaru City which revised there were several problems which if viewed the implementation of the plenary meeting was not in accordance with the laws and regulations and government regulation 12 of 2018 concerning guidelines for the preparation of rules and regulations. Regional People's Representative Council so that no decision can be taken and the Draft Regional Regulation on the RPJMD which was proposed by the Mayor to the Governor of Riau Province in fact still exists.This research is a sociological juridical legal research, namely aresearch approach that emphasizes the legal aspects (laws and regulations) regarding the subject matter to be discussed, associated with the reality in the field. This study uses primary data sources consisting of primary, secondary, and tertiary legal materials.From the results of the research and discussion carried out, there are several conclusions obtained, namely: First, when viewed from the political aspect, the amendment to the regional regulation Number 7 of 2017 concerning the RPJMD has different views of the factions in the process of changing the regional regulation, which has generated a lot of prolonged controversy that is not yet clear. direction and urgency in making changes. And if viewed from a sociological aspect, changes to the RPJMD must be adjusted to the RPJPD and other national regional development direction documents, as well as the formation of the medium-term planning of the Pekanbaru City area that has not been fully implemented based on Permendagri Number 86 of 2017 in the formation of amendments to Regional Regulation Number 7 of 2017 concerning RPJMD. Keywords: RPJMD – Regional Development – Regional Regulatio

IMPLEMENTASI PEMBERIAN PERLINDUNGAN HUKUM TERHADAP PELAKU WHISTLEBLOWER PADA TINDAK PIDANA KORUPSI DI KOTA PEKANBARU Aviska Loveana Tomanda; Erdianto Effendi; Adi Tiara Putri
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 role of the whistleblower is very large to protect the country from more severe losses and violations of the law that occur. But the risks they face are also great when exposing crime, ranging from threats to security to being expelled from the agencies where they work. So the Whistleblower is important to get legal protection from the state. In recent cases there have been many whistleblower witnesses who withdrew their reports or testimonies because of threats and intimidation from the reported parties. This is because the implementation of providing legal protection for whistleblowers has not yet been implemented. Based on this fact, there are two problem formulations in writing this thesis, namely; First, the implementation of the form of providing legal protection for whistleblowers in corruption in Pekanbaru. Second, obstacles in the implementation of the provision of legal protection against whistleblowers in corruption in Pekanbaru.This type of research can be classified in the type of sociological legal research, because in this study the authors directly conduct research at the location under study in order to provide a complete and clear picture of the problem under study. This research was conducted at the Special Criminal Directorate of the Riau Regional Police, while the population and sample were all parties related to the problem under study, data sources used, primary data and secondary data, data collection techniques in this study were interviews and literature studies.From the results of the analysis of the problem it can be concluded first, the implementation of granting legal protection against whistleblowers in corruption in Pekanbaru is still very alarming where, the police have not been able to coordinate well with authorized institutions in this case LPSK in providing protection against whistleblowers so that many witnesses whistleblower retracts its report due to various threats from the reported party. Second, obstacles faced by the Riau Regional Police in implementing witness protection include the difficulty in administering the system to the LPSK (Witness and Victim Protection Agency), the budgetary factor for managing witness protection and the lack of witness and / or victim knowledge of the witness and victim protection law. From this analysis the authors suggest, first, the whistleblower must obtain adequate protection from the authorized institution. Second, good cooperation between law enforcers and authorized institutions is needed to ensure the legal protection of whistleblowers.Keywords: Implementation - Protection - Witnesses and Victims - Whistleblowers

PENEGAKAN HUKUM PIDANA TERHADAP PELAKU TAWURAN PELAJAR OLEH POLISI RESOR KOTA PADANG Harisul Huda; Erdianto Effendi; Adi Tiara Putri
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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Seeing the situation and conditions that occur in the city of Padang often brawls between high school students (high school) and or vocational high school (SMK) so that makes researchers interested in reviewing it legally, because these situations and conditions often occur repeatedly. Triggers brawl is usually a sense of revenge, with a high sense of solidarity these students will reciprocate the treatment caused by school students who are considered harmful to a student or defame the school. This paper discusses criminal law enforcement conducted by the Padang District Police against brawlers between students in the Padang City jurisdiction, the obstacles faced by the Padang District Police in carrying out criminal law enforcement efforts against student brawls in the Padang City legal area and efforts made by the Padang City Police in anticipating against student brawlers.The research method is a sociological legal research that is research that wants to see the correlation of law with the community, so that it can reveal the effectiveness of the law in society and identify unwritten laws that apply to the community by jumping directly into the research location. Location of the study in Padang Police, researchers collected data consisting of primary, secondary and tertiary data. Data collection techniques namely questionnaire, interview and literature study. Data analysis was carried out qualitatively and drawing conclusions from the author using deductive thinking methods.The conclusion of this research is that the criminal law enforcement conducted by the Padang District Police against brawl perpetrators between students in the legal area of the City of Padang has not been effectively implemented, while law enforcement can guarantee legal certainty, order and legal protection. The obstacle in upholding criminal law against student brawls in the legal area of Padang City is firstly the lack of adequate means of vehicles to conduct patrols is still very limited, so that the police are still difficult to reach small alleys to monitor conditions that are said to be prone to misbehavior adolescents, secondly the lack of parental supervision of children and thirdly the lack of public trust in law enforcement officials. So that in the future the Padang City government should support the police and the TNI to cooperate in securing and preventing student brawls, so that in the future they can anticipate student brawls in the City of Padang.Keywords: Student - Student Fight - Padang Police Station.

PERAN LEMBAGA ADAT MELAYU RIAU KABUPATEN KUANTAN SINGINGI TERHADAP PENCEGAHAN TINDAK PIDANA PENAMBANGAN EMAS TANPA IZIN (PETI) DI KABUPATEN SINGINGI Rahma Riyanti; Erdianto Erdianto; Adi Tiara Putri
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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The living environment is a spatial unit with all objects, forces, conditions, and living things including humans and their behavior will affect the continuity of life and the welfare of humans and other creatures. The environment can be defined as all objects and conditions including humans and their actions that are contained in the space where humans are located and affect the life and welfare of humans and other living bodies. To protect the environment and control acts of environmental pollution and destruction, environmental law enforcement efforts are needed. Enforcement of environmental law can be interpreted as the use or application of instruments and sanctions in the fields of administrative law, criminal law and civil law with the aim of forcing the subject of the law to comply with environmental laws and regulations. In Article 67 of Law of the Republic of Indonesia Number 32 of 2009 concerning Environmental Protection and Management, it is explained that every person is obliged to maintain the preservation of environmental functions and control environmental pollution and damage. This type of research can be classified into sociological juridical research where the research tests the effectiveness of the current law. This sociological legal research is a type of research that is viewed from the purpose of legal research. Sociological or empirical legal research consists of legal identification (unwritten) and research on the effectiveness of the law. From the research results, there are 2 main problems that can be concluded. First, the implementation of criminal acts and prosecution against the perpetrators of gold mining without a permit in the police unit of the Kantan Singi resort includes preventive and repressive measures. Preventive and repressive preventive measures have not been maximally implemented. It can be seen that there are still unlicensed gold mining that has not been processed by law enforcement officers at the Kuantan Singi Resort Police.Keywords: Mining-Environment-Pollution-Destructio

ANALISIS YURIDIS PERTANGGUNGJAWABAN PIDANA PEMBUAT STEMPEL YANG DIPERGUNAKAN KONSUMEN UNTUK TINDAK PIDANA DIKAITKAN DENGAN AJARAN KAUSALITAS Putri Fauziah; Erdianto Erdianto; Adi Tiara Putri
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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In the Penal Code (Penal Code) article 263 governs the crime of mail forgery. There are several actions that belong to the type of mail forgery, one of which is the creation of stamps that can cause the stamp maker to also be held accountable. But in reality, the stamp was only used as a means of evidence in the trial. This is known from the example of the Case Verdict Number: 1293/Pid.B/2018/PN. Pekanbaru with defendant Agus Salim Ahim, Number:325/Pid.B/2013/PN. Pekanbaru with defendant Masrizal, and Number: 423/Pid.B/2017/PN. Pekanbaru with defendant Madi Permana Sesa states that the stamp is only used as a tool of evidence seized for destruction. Criminal liability is often also associated with the doctrine of causality. Causality is used as a "filter" in establishing a person's criminal accountability. As a filter, causality will filter out any factual actions committed by the perpetrator, after the factual action is netted the next will be sought legal action. By finding his legal action, a person will be held accountable.The crime of stamp forgery is already very detrimental to society. Many stamps from various government agencies are often forged by the public and even State officials. Not all actions proven by the elements can lead to the perpetrator being punished if he or she cannot be blamed so criminal responsibility cannot be held. In practice many cases involving people in good faith are also held responsible for such crimes. One of them is a stamp maker. But as the basis of the judge's consideration in making a verdict is generally the same. The purpose of writing this thesis is; first, To know the accountability of stamp makers that consumers use for criminal acts is associated with the doctrine of causality. Secondly to know the consequences of the breadth of criminal liability is associated with the doctrine of causality. This type of research is normative research, using an analytical approach. This method of thesis writing research uses normative juridical methods.Keywords :Criminal Liability, Forgery, Stamp Maker, Doctrine Of Causality

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