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PERLINDUNGAN JURNALIS YANG BERADA DI DAERAH KONFLIK BERSENJATA BERDASARKAN HUKUM HUMANITER INTERNASIONAL Bayu Saputra; Zulfikar Jayakusuma; 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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Journalists in areas of international armed conflict play an important role, namely to convey information to the world about events that occur in conflict directly from the scene.But in carrying out their work, journalists and media workers conducting coverage in areas of international armed conflict often face a variety of dangerous risks.They can be victims in military attacks or other acts of violence.This thesis will discuss the protection given to journalists in international armed conflicts based on International Humanitarian Law and its application.Journalists who are in the area of international armed conflict obtain protection as civilians as stipulated in Article 4 (A) paragraph (4) Geneva Convention III 1949 and Article 79 Additional Protocol I 1977.This research is normative juridical research.Namely the research carried out on the principles of law starting from certain fields of legal governance, by first identifying the rules of law that have been formulated in certain laws.In this study, the data sources used were secondary data with primary, secondary and tertiary legal materials carried out by means of library research.From the results of the study it was found that journalists who were in areas of armed conflict were considered as civilians and enjoyed protection that was generally accepted by civilians, as stated in article 4 (A) paragraph (4) III Geneva Conventions 1949 and Article 79 Additional Protocol I 1977. Protection of safety for journalists who carry out their duties at home and abroad, is the responsibility of the country where the journalist originates and the country where the journalist is located.Keywords: Journalists, International Armed Conflict, State Responsibility

PENAFSIRAN HUKUM TERHADAP TINDAK PIDANA PENYEBARAN HOAX DALAM PERSPEKTIF HUKUM PIDANA Zhikrillah Zhikrillah; Erdianto Effendi; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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The legal provisions regarding hoaxes are in Act Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions governing the spread of hoaxes for violators may be subject to the following sanctions: Article 45 A paragraph 1, i.e. false and misleading news content, Article 45 A paragraph 2, which is a charge that causes hatred or hostility of certain individuals and / or groups of people based on ethnicity, religion, race, and between groups (SARA). Hoax is also regulated in Article 390 of the Criminal Code, only in terms of trade. Therefore, the formulation of the problem of writing this thesis, namely: first how is the interpretation of the law against the spread of hoax criminal law perspective? Second, can hoax distribution be subject to rules in terrorism laws?This type of research used in this study is normative, in this research the writer chooses a study of legal principles. Sources of data used, namely: primary data, secondary data and tertiary data. Data collection techniques namely the method of library research, as well as this study were analyzed using qualitative analysis.The conclusion that can be obtained from the results of the first research, Referring to Law Number 11 of 2008 concerning Information and Electronic Transactions, hoaxes are more appropriate if Law Number 11 of 2008 concerning Information and Electronic Transactions is applied, because in Law Number 11 of 2008 concerning Information and Hoax electronic transactions are widely regulated. Second, the spread of hoaxes can be subject to terrorism laws if investigators have proven that who is actually the perpetrators of hoaxes, are investigated against the background of the spread of hoaxes to the element of intentions that can make the public feel anxious and afraid, in addition there is a form of psychological intimidation from the spread of hoaxes the perpetrators. So if these elements are fulfilled, then it is concluded, the perpetrators are included as a terrorist network or only as a hoax spreader. However, if hoaxes are not involved in terrorist networks, law enforcement officials cannot apply Law Number 5 of 2018 concerning Eradication of Terrorism Criminal Acts. Suggestions are expected for the future of the Government of Indonesia to provide a broader definition and scope regarding the phrase "terrorism" and the phrase "hoax". And the government must classify a hoax as a criminal offense into several provisions. This is because the material on hoaxes can be diverse and the impact can be very detrimental to the public.Keywords: Legal Interpretation - Criminal Acts – Hoax

IMPLEMENTASI PASAL 76 I DAN PASAL 88 UNDANG – UNDANG NOMOR 35 TAHUN 2014 TENTANG PERUBAHAN UNDANG-UNDANG NO 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK DI KOTA DUMAI Bayu Fauziah; Erdianto Erdianto; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Basically, children have the right to get special protection in order to grow and develop properly. In writing this thesis, the author tries to examine the implementation of Article 76 I and Article 88 of Law No. 35 of 2014 concerning Amendments to Law No. 23 of 2002 concerning Child Protection in Dumai City.The purposes of writing this thesis are: first, to find out the implementation of Article 76I and Article 88 of Law Number 35 of 2014 concerning child protection for parents who employ children in the Dumai city area. Second, to find out the obstacles in implementing criminal sanctions in the Dumai City area for perpetrators who employ children in the Dumai City area and to find out what law enforcement efforts can do to overcome the obstacles to criminal application against perpetrators who employ children in the Dumai city area. The research method in this thesis uses a sociological legal research type, namely research that wants to see the correlation between law and society, so as to be able to reveal the effectiveness of law enforcement in society and identify unwritten laws that apply to society, so in this sociological legal research which is carried out At first, careful research is secondary data which is then continued with research on primary data in the field or on the community.Based on the results of the study, the first conclusion can be drawn that the existing legal protection system for child labor has not been implemented in real terms, criminals do not get strict legal action so that the reality of crime and deviant behavior is growing. Second, the obstacles faced by the government in implementing the crime on child protection against parents who employ children in the Dumai City area include weak law enforcement and supervision related to perpetrators who employ children, violations of the law are always carried out continuously or become a habit and are considered as a normal thing. and appropriate, the lack of community participation and understanding related to child labor violations and the weak economic condition of the community so that children are forced to work. And Efforts That Can Be Done In Implementing Crimes Regarding Child Protection Against Parents Who Employ Children in the Dumai City Area are socializing laws and regulations, holding routine patrols, coordinating and collaborating between relevant agencies or institutions in the field of child labor and in terms of law enforcement. In terms of quantity and quality, it is necessary to add personnel/officers so that officers can be more optimal in carrying out their duties.Keywords: Law Enforcement, Child Protection, Parents Who Employ Children

PELAKSANAAN INFORMED CONSENT DALAM TRANSAKSI TERAPEUTIK PADA TINDAKAN BEDAH DI RUMAH SAKIT BHAYANGKARA PEKANBARU PROVINSI RIAU Tio Pujakusuma; Maryati Bachtiar; 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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Informed consent is a standard medical service that must be available before conducting medical treatment, because with this opportunity the parties have bound themselves so that rights and obligations arise, and on the other hand also serves as a basis for prosecuting if medical action occurs outside what has been agreed or promised. The consequences of actions that do not comply with informed consent can be the occurrence of errors or negligence. One hospital that provides health services in the city of Pekanbaru is the Bhayangkara Regional Police Hospital which in carrying out its health services also entered into a health service agreement. But based on existing data that , Many problems and obstacles arise in medical practice everyday, such as comprehension and language information delivery that are less obvious, limit the amount of information that touched s / can be given, and the problem of interference of a family or a third party in terms of giving consent in Hospital Bayhangkara City Pekanbaru and compared with standart operating procedur and applicable law. destination this thesis, namely: First to determine pime Frame informed consent to the transaction therapeutic surgery at the Bhayangkara Hospital in Pekanbaru, Riau Province, Second, to determine the responsibility of medical services to patients based on the approval of medical measures at the Bhayangkara Hospital Pekanbaru.This type of research can be classified as sociological. This study was conducted at Hospital Bayhangkara Pekanbaru city, while the population and until l was a whole party with regard to the issues examined in this study, the source of the data used primary data , the data secondary data and ter s IER, data collection techniques in this study with interviews , questionnaires and literature review.From the results of the study it can be concluded two things. First, the process of implementation of informed consent in the House for pain Bayhangkara city of Pekanbaru, health workers must first provide full information to the patient about the results of observation, diagnosis and action will be taken physician and patient may give consent after the receipt of such information and determine implemented or not action medical on him. because of the low understanding of the community, especially consumers / surgical patients of informed consent prior to taking action at Bhayangkara Hospital. Second, business actors' obligations as health providers have not been fulfilled, namely explaining or providing understanding of informed consent to surgical patients at Bhayangkara Hospital. Implementation of the understanding of informed consent in the approval of medical treatment at the Bhayangkara Pekanbaru Hospital is an important matter but has not been carried out as it should, as in the completeness of filling out the approval of medical measures so that there is no clear responsibility for health services to surgical patients. The first government through the minister of health should reinforce the rules for health services through health workers not to commit acts of medicine according to the procedure that is right in the neighborhood Police Hospitals, secondly, each health worker should be able to undestand rights and responsibilities in accordance with the Laws Regulations and Regulations that apply in the Bhayangkara Hospital environment.Keywords: Informed Consent - Hospital - Transactio

PENYELESAIAN PERKARA TINDAK PIDANA MELALUI PERADILAN ADAT (STUDI KASUS DI NAGARI PEMATANG PANJANG KABUPATEN SIJUNJUNG) Miftahul Rahmi; 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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The resolution of adat disputes and minor criminal acts is carried out by the adat stakeholders. In practice customary courts have proceeded smoothly in resolving criminal cases, but besides that the problem is related to the legal status and position or legal force of decisions resolved in adat courts in the perspective of national criminal law and whether the decisions have binding legal force.The purpose of writing this thesis, namely: First, Knowing the legal position of customary justice in Indonesian national law, Secondly knowing the process of implementing customary justice in resolving criminal cases in Nagari Pematang Panjang, Sijunjung Regency. This type of research is a sociological.From the results of the research conducted it can be concluded, First, the settlement of criminal cases with customary law is a global trend at this time. The process of resolving criminal cases is not only oriented towards the perpetrators but also accommodates the interests of the victims and the community. An attempt was made to bring things back to the way they were before the case. Apart from being rooted in the law that lives in the community, this pattern of case resolution tends to be more effective and efficient so that it does not leave or cause new problems. Secondly, in Indonesia the settlement of criminal cases with customary law commonly known as peace has been carried out since the existence of customary law itself, namely since the existence of the community. This is done not only because it looks at the interests of various parties but is also considered as an effort to cleanse the soul of the person, the community, and the environment from the evils caused by disputes in the community. So, peace is part of the religion or beliefs held by Indonesian indigenous people. Authors' Suggestions, First the process of resolving criminal cases through the process of customary religion must be maintained in every problem that occurs in the middle of Nagari Pematang Panjang by deliberation and consensus so that the dispute can be resolved by peaceful and familial means. Second, conducting legal studies and exploring the values and local wisdom carried out by indigenous peoples with a number of laws and regulations relating to the existence and authority of traditional institutions in resolving an adat case so that its existence and authority are recognized in resolving legal issues.Keywords : Criminal act - Customary Justice - Nagari Pematang Panjang

TINJAUAN YURIDIS RENCANA PEMBANGUNAN PEMBANGKIT LISTRIK TENAGA NUKLIR DI INDONESIA BERDASARKAN NUCLEAR SAFETY CONVENTION TAHUN 1994 DIKAITKAN DENGAN ASAS PEMBANGUNAN BERKELANJUTAN M. Sobirin Hafiz Ar-Rizqi; Zulfikar Jayakusuma; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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Utilization of Nuclear Energy is inseparable from a strict regulation and variousstandards that must be met and must pay attention to various environmental impacts that mayoccur. The purpose of writing this thesis is to determine the Implementation of Nuclear SafetyConvent ion 1994 in Indonesia is associated with the development plan of a Nuclear PowerPlant, as well as knowing whether the plan for the Development of a Nuclear Power Plant inIndonesia supports Sustainable DevelopmentThe type of conducted research is normative-juridical research by examining problems interms of applicable principles of international law, by first identifying the legal principles thathave been formulated in the source international law. In this study, the data sources used weresecondary data with primary, secondary, and tertiary legal materials that carried out by means oflibrary research.From the results of the study, it was found that the development of nuclear energyregulation confirms the existence of legal protection in general which is regulated in previouslegal provisions and regulates legal protection specifically at this time. And the environmentalimpacts that may arise from the use of nuclear power can be very dangerous and threaten thesafety of human life. If the nuclear power is used as a nuclear reactor or nuclear weapon, then inthe event of a leak or accident it will cause radiation and environmental damage which hasdirect and indirect effects on humans and the environment, and the effects of radiation can onlybe seen after decades. after the accident..Keywords: Nuclear Energy - Environmental Law- Sustainable Development

EFEKTIVITAS PERATURAN WALIKOTA PEKANBARU NOMOR 104 TAHUN 2020 TENTANG PEDOMAN PERILAKU HIDUP BARU MASYARAKAT PRODUKTIF DAN AMAN DALAM PENCEGAHAN CORONA VIRUS DISEASE 2019 (COVID-19) DI KOTA PEKANBARU (STUDI KASUS PASAR BAWAH PEKANBARU) Olifia Nobel Asyraf; Gusliana HB; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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The Mayor of Pekanbaru issued Pekanbaru Mayor Regulation Number 104 of 2020concerning Guidelines for New Life Behavior for Productive and Safe Communities in thePrevention and Control of Corona Virus Disease 2019 (COVID-19) in Pekanbaru City.However, its implementation is still not effective. The formulation of the problem in thisresearch are (1) Is this Perwako effective; (2) What are the obstacles that make this Perwakoineffective; and (3) What efforts can be made to make this Perwako effective. The purpose ofthis research is to find out the effectiveness, obstacles and efforts so that Perwako PekanbaruNumber 104 of 2020 concerning Guidelines for New Life Behavior for Productive and SafeCommunities in the Prevention and Control of COVID-19 in Pekanbaru City (Case Study ofPasar Bawah Pekanbaru) is effective.The type of research used in this research is sociological law research. Thepopulation in this study are (1) the Head of Complaints, Policy, and Licensing Services for theInvestment and One Stop Service Office; (2) Deputy Coordinator of the COVID-19 Task ForceSecretariat; (3) Head of the Operations and Public Order Division of the Civil Service PoliceUnit; (4) Bottom Market Manager; (5) Lower Market Visitors; and (6) Lower Market Traders,with a total sample of 44 people. Research location in Pasar Bawah Pekanbaru. Datacollection techniques using observation, interviews, questionnaires and literature, withquantitative data analysis techniques.From the results of the study it was concluded that (1) Perwako Pekanbaru Number104 of 2020 concerning Guidelines for New Life Behavior for Productive and SafeCommunities in the Prevention and Control of COVID-19 in Pekanbaru City (Case Study ofPasar Bawah Pekanbaru) has not been effective; (2) The obstacles that caused theineffectiveness of Perwako Pekanbaru Number 104 of 2020 concerning Guidelines for NewLife Behavior for Productive and Safe Communities in the Prevention and Control of COVID-19 in Pekanbaru City (Case Study of Pekanbaru Bottom Market), namely, as follows: (a) Lackof participation of business actors in providing facilities that support health protocols; (b) Thelegal culture of the community (managers, traders, and visitors) that violates the Perwako;and (c) Compassion on the part of the legal apparatus in imposing fines; (3) Efforts weremade to overcome the violation of Perwako Pekanbaru Number 104 of 2020 concerningGuidelines for New Life Behavior for Productive and Safe Communities in the Prevention andControl of COVID-19 in Pekanbaru City (Case Study of Pasar Bawah Pekanbaru), namely, asfollows: (1 ) Business actors must provide facilities to support health protocols; (2)JOM Fakultas Hukum Universitas Riau Volume IX No. 2 Juli – Desember 2022 Page 2Socialization of Perwako to the public and educating the public about health protocols. Suchas: washing hands properly, how to wear a good mask, and so on; (3) Taking firm actionagainst business actors who violate health protocols.Keywords: Pasar Bawah, COVID-19, Health Protocol

PENATAAN PENGISIAN JABATAN KEPALA KEPOLISIAN REPUBLIK INDONESIA DALAM SISTEM KETATANEGARAAN DI INDONESIA Muhammad Jimmy Waldani; Dessy Artina; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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In the amendments to the 1945 Constitution, there are several balances ofpower in the relationship between the President and state institutions. This isdone as a reduction in the power of the President which has been seen as a verylarge prerogative in running the state administration system in Indonesia. Thischange is based on considerations to improve the efficiency and effectiveness ofstate administration. If we look closely, regarding the systematics of theappointment of the National Police Chief, it is worth asking about the location ofthe President's prerogative in the appointment of the National Police Chief. ThePresident's prerogative is a privilege possessed by the President to do somethingwithout seeking approval from other institutions. The purpose of writing thisthesis: First, to find out the problems in filling the position of the Chief of theIndonesian National Police with the approval of the DPR. Second, to find out theconcept of realigning the filling of the position of the Chief of the IndonesianNational Police in the constitutional system in Indonesia.The type of research used in this legal research is normative legalresearch. the approach used by the researcher is a normative juridical approach.Analysis of the data used is the author analyzes the data qualitatively. In drawingconclusions, the author uses the deductive method of thinking, namely a way ofthinking that draws conclusions from a general statement or proposition into aspecific statement.From the research results, there are two main things that can beconcluded. First, regarding the issue of filling the position of Chief of Police ofthe Republic of Indonesia with the approval of the DPR, it is divided into twopoints, including: (1) this seems to violate the concept of prerogative rights ownedby the President, (2) has the potential to create conflicts regarding decisionsmade between the DPR and the President. . Second, regarding the concept ofrealigning the filling of the position of the Chief of the Police of the Republic ofIndonesia in the constitutional system in Indonesia, it is divided into two points,including: (1) by strengthening the prerogative rights of the President, (2)promoting the concept of Check and Balances.Keywords: Prerogative Rights – State Administration System – President andDPR

IMPLEMENTASI PUTUSAN JUDICIAL REVIEW MAHKAMAH KONSTITUSI NOMOR. 4/PUU-XVII/2019 DALAM PENGUJIAN PASAL 2 AYAT (2) UNDANG-UNDANG NOMOR. 20 TAHUN 2001 PERUBAHAN ATAS UNDANG-UNDANG NOMOR. 31 TAHUN 1999 TENTANG PEMBERANTASAN TINDAK PIDANA KORUPSI TERKAIT PIDANA MATI DALAM KEADAAN BENCANA ALAM Khaira Islamaili; Erdianto Effendi; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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For example, the corruption case against aid funds affected by naturaldisasters in 2018 in Donggala against the defendants Muhir and H.Silmi whopoured money for the rehabilitation of mosques and schools that did not receivesanctions as stated in the article that was violated, so that there was a review ofthe article that was violated in the Constitutional Court Decision Number 4/PUU-XVII/2019. In addition, there is also a corruption case against social assistancefunds for handling the Covid-19 pandemic or known as the Bansos corruption thatis currently occurring, against the defendants Juliari Batubara and Matheus JokoSantoso. For this reason, extraordinary efforts are needed in eradicating thecrime of corruption, by imposing the toughest sanctions on the perpetrators ofcorruption in order to provide fear and a deterrent effect, both to the perpetratorsand to other people who have the potential to commit corruption crimes, namely:death penalty as stipulated in the formulation of Article 2 paragraph (2) of LawNo. 31 of 1999 in conjunction with Law Number 20 of 2001 concerning theEradication of Criminal Acts of Corruption.This type of research can be classified as normative legal research byapproaching legislation or literature study with books, articles, newspapers asresearch materials and sources.From the results of the research conducted, it can be concluded that there isno legal certainty in interpreting "certain circumstances" as criminal penalties forperpetrators of criminal acts of corruption. Therefore, it is necessary to reformthe substance or material in the formulation of the death penalty in Article 2paragraph (2) of the Law on the Eradication of Criminal Acts of Corruption sothat it is in accordance with the values of justice and legal certainty.Keywords: Death Penalty – Corruption - Natural Disaster

KRIMINALISASI INSES (HUBUNGAN SEKSUAL SEDARAH) DALAM PERSPEKTIF PEMBAHARUAN HUKUM PIDANA INDONESIA Reyhan Prima Gevari; Erdianto Effendi; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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In the Criminal Code, the regulation regarding incest is regulated in theCriminal Code (hereinafter referred to as the Criminal Code). The article relatesto incest if the act is committed against his biological child, stepchild, adoptedchild, child under his supervision who is not yet an adult or underage as a victimof obscene acts from his parents as regulated in Article 294 paragraph (1) of theCriminal Code. In the provisions of Article 8 letter (a) of Law no. 24 Year 2004Regarding the Elimination of Domestic Violence , those who are legal subjectswho must be held accountable for their actions are individual humans orindividuals. Then in the Law No. 35 of 2004 About Child Protection . Of theseveral existing regulations, there is no regulation regarding incest committed ona consensual basis and in its current development, it turns out that there is still alegal vacuum in its criminalization.The objectives in writing this thesis are: First , to find out how thesynchronization of the law of incest in the laws and regulations in Indonesia.Second, To find out the formulation policy for the formulation of criminal normsfor incest regulation in perfecting and formulating the ideal criminal law policy.The type of research used in this research is normative legal research or itcan also be called doctrinal legal research. Normative legal research is librarylaw research . In this normative research, the author conducts research on theprinciples of law . From the results of the study, it was found that from the currentlegal protection arrangements, both in terms of Law Number 23 of 2004concerning the Elimination of Violence in Households, especially Article 46 andLaw Number 35 Years 2014 concerning child protection, especially article 81paragraph (1) . However, in these settings it has not been explicitly regulatedagainst parents and siblings as perpetrators and there are no provisionsregarding weighting of criminal threats and additional penalties for parents andsiblings as a perpetrators (crimes of incest) especially those that occur in adultsand on a consensual basis .Author's Suggestion, First, Considering how dangerous the crime of incestis committed in the family environment in relation to the legal protection ofchildren, then better in drafting legislation should be more noticed again.Keywords: Incest-Criminalization-Legal Refor

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