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TINJAUAN YURIDIS PERATURAN PEMERINTAH NOMOR 62 TAHUN 2019 TERHADAP KEPALA BADAN PENGUSAHAAN BATAM DIJABAT EX-OFFICIO OLEH WALI KOTA BATAM DIKAITKAN DENGAN PENYELENGGARAAN PEMERINTAHAN DAERAH Fadhilah Fauzan; Mexsasai Indra; Adi Tiaraputri
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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Batam as an industrial area which development is carried out by the BatamIsland Industrial Area Development Authority agency, has also been expanded into anautonomous region which later give birth to the Batam City Government. The existence ofthese two government agencies then creates problems in the management of Batam Cityin the form of overlapping / dualism of authority. To overcome this problem, thegovernment then issued a new breakthrough by setting the Head of the Batam ConcessionAgency to be held ex-officio by the Mayor of Batam in the hope that the implementation ofhis duties and authority would be more effective. Therefore, the aim of this thesisresearch is first, the ex-officio determination of the Mayor of Batam from the point ofview of state administrative law. Second, the ex-officio implications by the Mayor ofBatam in public services. Third, the ideal arrangement for the relationship between theBatam City Government and the Batam Concession Agency.This type of research can be classified into the juridical sociological researchtype, because it wants to see the correlation between the law and what happens in thefield so as to reveal the effectiveness of the law's application. With the research locationlocated at the Batam Concession Agency and the Batam City Government, while thepopulation and sample are all parties related to the problem under study. This researchuses data sources in the form of primary data and secondary data, and data collectiontechniques are carried out by means of interviews, questionnaires and literature review.From the research, there are three main points that can be concluded. First,in fact, the ex-officio implementation by the Mayor of Batam is something that is justifiedin state administrative law. Second, the ex-officio implementation carried out by theMayor of Batam has no implication in resolving the problem of overlapping / dualism ofauthority that occurs in Batam City. Third, the ideal arrangement for the relationshipbetween the Batam City Government and the Batam Concession Agency is needednecessary to integrate the Batam, Bintan, and Karimun Free Trade Zone and Free PortExploitation Agency (BP BBK) by first issuing a Government Regulation as a form offurther regulation regarding the work relationship between the Batam City Governmentand the Batam Concession Agency. There is suggestion from author; first, the centralgovernment requires assertiveness in resolving issues of overlapping / dualism ofauthority that occur immediately issued a legal product in the form of a governmentregulation regarding the working relationship between the city government and theBatam concession agency. Second, accelerate the transfer of assets from the BatamConcession Agency to the Batam City Government.Keywords: Dualism – Authority – Public Service – Ex-officio

SISTEM PEMBUKTIAN DALAM TINDAK PIDANA PENIPUAN MELALUI SARANA E-COMMERCE BERDASARKAN KITAB UNDANG-UNDANG HUKUM ACARA PIDANA DAN UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG PERUBAHAN ATAS UNDANG - UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK Syeiqal Afwan Gumilamg; Davit Rahmadan; Adi Tiaraputri
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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Business fraud through e-commerce means is a fraud that occurs because of the engineering or lies of electronic information by criminals in business through e-commerce means. Victims of fraud through e-commerce means are reluctant to report to law enforcement, while fraud is categorized as ordinary offense. More and more parties are disadvantaged for the actions of the perpetrators of fraud through e-commerce if there is no law that regulates it.This type of legal research is normative law with a normative juridical approach to critically analyze e-commerce-based fraud criminal law norms which aim to explore the disclosure of protection and law enforcement for victims of e-commerce-based fraud. Meanwhile, if viewed from the nature of this research is descriptive. Data collection in this study is a study of documents or library materials.The result of this research is the regulation of the legal system of proof of criminal acts of fraud through e-commerce means in Indonesian criminal law, namely the Criminal Procedure Code only contains the role of proof in Article 183 that judges may not impose a crime on someone unless with at least two valid evidence. In Indonesia, legal regulations regarding e-commerce transactions are still a topic of discussion. Even making legal regulations in e-commerce transactions has created tug of war from two different interests. As a result, this legal regulation has only become a discourse until now. Even if there are rules that regulate e-commerce transaction issues, even that is still very partial and too small. However, this little regulation is not sufficient to accommodate the legal problems that arise in e-commerce transactions. Therefore, the need for comprehensive and integrated arrangements, as well as paying attention to existing arrangements, is something that cannot be denied.Keywords: Evidence System, Fraud, E-Commerce

PENERAPAN SANKSI TERHADAP ANGGOTA POLISI YANG MELAKUKAN KEKERASAN TERHADAP JURNALIS SAAT DEMONSTRASI DI INDONESIA Widya Kus Anggraini; Mukhlis R; Adi Tiaraputri
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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Journalists or journalists are people who do journalistic work, it turns out that there is still no guarantee of protection for journalists while carrying out their journalistic duties even though it has been explicitly regulated in Law Number 40 of 1999 concerning the Press. Violence committed by police officers is not processed and sanctions are not implemented, because the police themselves do not want to investigate these causes because it will damage the image of the police. Meanwhile, the application of sanctions against police who commit violence against journalists has been regulated in Government Regulation Number 2 of 2003 concerning the Technical Implementation of General Courts for Members of the Indonesian Police.This research is structured using the juridical normative research type, which is research focused on examining the application of the norms or norms in positive law. The approach used in this study is to use a normative juridical approach, namely literature law research, using the protection principle normative research type. Sources of data in this study are secondary legal materials and are assisted by primary and tertiary legal materials. The data analysis used by researchers is qualitative analysis, which is the data analyzed by not using statistics or numbers describing descriptively. The author draws a deductive conclusion, namely drawing conclusions from general matters to specific mattersThe results of this study, based on Government Regulation No. 2 of 2003 concerning the Technical Implementation of General Courts for Members of the Indonesian Police, have regulated sanctions for the police. However, the application of sanctions to police officers who commit acts of violence against journalists is very loose and weak in imposing sanctions. The absence of sanctions against police officers who commit violence against journalists, does not provide a deterrent effect to unscrupulous police officers. With the existence of criminal provisions in Law Number 40 of 1999, it should have provided a sense of security to journalists in carrying out their journalistic duties.Keywords: Sanctions Application, Police, Journalist, Violence

Analisis Terhadap Tindak Pidana Terorisme (Studi Perbandingan Jarimah Al-Baghyudalam Perspektif Hukum Islam Dan Hukum Indonesia) Winda Wulan; Erdianto Effendi; Adi Tiaraputri
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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A criminal act of terrorism is an act committed by an individual or group with the intention of influencing or intimidating another person or group to feel insecure, uncomfortable and end in physical or non-physical destruction. The criminal act of terrorism in Islam is also called Jarimah Al-Baghyu, in the Islamic legal system it has several indicators of similarities and differences with criminal acts of terrorism are regulated in Indonesian positive law, so that the implementation of the law will also create differences. So the purpose of this study is to analyze the criminal act of terrorism in the perspective of Islamic law and Indonesian positive law, as well as the ideal concept of terrorism in the future. The method in this study using research library with normative juridical research approach. Normative legal research is carried out by examining library materials consisting of primary, secondary and tertiary materials. And data collection techniques using literature study and document study. Furthermore, the data analysis uses a comparative analysis method, namely comparing and identifying data obtained from Islamic law and Indonesian law regarding the crime of terrorism. The results of the research show that the regulation of criminal acts of terrorism, seen from its strengths, is binding comprehensively, has a good and systematic structure and there are drawbacks such as the retroactive principle, regarding the provisions of subversive issues, intelligence reports and arrests and the investigation process. And the ideal concept of criminal acts of terrorism in the future takes into account the protection of the community against anti-social acts which harm and endanger it, still by observing the objectives of the crime, namely to reduce crime and control crime, improve the perpetrator, such as rehabilitation, correctionalization and release. As well as regulating and limiting the arbitrariness of the authorities and society in general and protecting the perpetrators for acts outside the lawKeyword: Terrorism, Positive Law, Islamic Law

PENATAAN MEKANISME PEMBERIAN GRASI BERDASARKAN UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 Dwi Murniati; Mexsasai Indra; Adi Tiaraputri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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A country was born to provide welfare and justice with a regular system to its people, so that each country has a constitution. The constitution of Indonesia is The 1945 Constitution of the Republic of Indonesia (1945 Constitution) which has been amended four times. In article 14 paragraph 1 of The 1945 Constitution of The Republic of Indonesia regulates that the President has the right to grant clemency by taking into account the considerations of the Supreme Court. Clemency is forgiveness in the form of changes, mitigation, reduction or elimination of the implementation of the decision to the convict given by the president. The process of granting clemency in Indonesia is more fully regulated in Law Number 22 Year 2002 Concerning Clemency that has been changed by Law Number 5 Year 2010. Although the process of granting clemency has been regulated in laws, granting clemency issued by the President with a Presidential Decree still causes polemic in the community. There are people and some parties who feel that the clemency issued by the President is not consistent with other government policies and a clemency is often accompanied by unclear reasons. Such as clemency issued for convicted of narcotics, convicted of corruption, and others. So this study aims to determine the mechanism for granting clemency in Indonesia, and the ideal concept of granting clemency in Indonesia.The type of this research can be classified as a type of normative legal research, which clearly illustrates the concept of granting clemency and philosophical clemency if it is associated with the theory of law, justice and legal reform. Data sources used are secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. Data collection techniques in this study were library research methods, after the data were collected then analyzed to make a conclusions.From the results of this study there are two main things that can be concluded. First, the concept of granting clemency in Indonesia and its problems. Second, this research will provide a better ideal concept in the process of granting clemency in Indonesia. The researcher's suggestion are, first the case restrictions that can be granted clemency. Second, a constitutional convention to regularly provide information relating to clemency with a press conference. Third, make the Presidential decree as a state administration decision.Keywords: Granting Clemency - Presidential Power - Justice

ANALISIS YURIDIS PERTANGGUNGJAWABAN PIDANA TERHADAP PERS YANG MELAKUKAN TINDAK PIDANA PENGHINAAN DAN PENCEMARAN NAMA BAIK BERDASARKAN PASAL 310 AYAT 3 KUHP Tiara Vemilya; Erdianto Erdianto; Adi Tiaraputri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Persed of social community which functions as a control, order, and educational media whose existence is guaranteed based on the constitution. The legal threat most often referred to by the press or mass media is articles of defamation or defamation. A person can easily accuse the press of insulting or defaming him if he does not like the way the press presents himself. This has led to articles on defamation that are often called mines to the press, as they are easily imposed to sue the press or journalists. Take the example of the Mara Salem Harahap case which made news on Lassernewstoday.com about alleged corruption involving the Regent of Simalungun. Then the defendant was sentenced to prison for 1 year. This distorts press freedom. These objectives: First, to see how the press is accountable for committing criminal acts of insult and defamation based on Article 310 Paragraph 3 of the Criminal Code. Second, the application of Article 310 Paragraph 3 of the Criminal Code is aimed at the press or all circles.This type of research used normative juridical research. This research uses legal synchronization, synchronization aims to reveal the reality to what extent a particular statute is harmonious vertically or horizontally, if the legislation is equal and belongs to the same field.From the results of the research, it can be denied that: First, the right of reply is not used on the party who is aggrieved so that it is subject to Article 27 paragraph 3 of the Electronic Transaction Information Law. Article 27 Paragraph 3 relates to Article 310 of the Criminal Code. Then an excuse can be given to the press who commits criminal acts of insult and defamation for the sake of the public interest and call himself. Second, of course, article 310 paragraph 3 of the Criminal Code concerns the reason for the right to eradicate crime for everyone. Author's suggestion, First to the government to make policies regarding restrictions on expression. Second, the excuse of a criminal offence should not be misused.Keywords: Press - Insult - Defamation - Criminal Abolition

PENGAKUAN AMERIKA SERIKAT TERHADAP PRESIDEN TIDAK SAH DI VENEZUELA DIKAITKAN DENGAN PRINSIP NON-INTERVENSI DALAM PERSPEKTIF HUKUM INTERNASIONAL Yolanda Pramandika; Zulfikar Jayakusuma; Adi Tiaraputri
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 International law, recognition is a form of formal statement about the status of a sovereign state from one state to another. Recognition of the new government is an actual problem that often arises. President and Vice President of the United States, Donald Trump and Mike Pence in a tweet on their official state twitter account which contains an official statement announcing officially recognizing Juan Guaido as Provisional President of Venezuela. The United States has also put pressure on Maduro to step down, including imposing an embargo on Venezuela's main oil company and threats of military invasion showing that the United States is at the forefront of the coup.This type of research is a normative juridical research which is classified as research that discusses the principles of law contained in International Law, such as the non-intervention principle. This research when viewed from its character, belongs to approach of legal principles that are descriptive. In normative legal research the data source used is secondary data. Secondary data in this research can be divided into three, namely primary data, secondary data, and tertiary data. Data collection techniques in this research were collected by means of a literature research.From the results of the research found that, first, the United States recognition of the Government supported in Venezuela is a recognition that is not in accordance with the rules of international law. Second, international organization in general and regional have set various rules regarding the forms of intervention and some actions that can mediate disputes between countries. The author advice, that the practice of recognition is expected to be in line with international law, especially the non-intervention principle in order to maintain international peace and security. .Keywords: Non Intervention Principle - Recognition of the New Government

URGENSI PELAKSANAAN SUMPAH JABATAN PRESIDEN DAN WAKIL PRESIDEN DALAM PASAL 9 UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 DALAM PERSPEKTIF NEGARA HUKUM DI INDONESIA Habib Alhuda; Mexsasai Indra; Adi Tiaraputri
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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Before the President and Vice President are appointed, the implementation of the oath of office is mandatory. Apart from being the basis for the application of the power of a President, the presidential oath is also a juridical indicator to bind a President to be loyal and obedient to the constitution. However, ironically, the oath of office has not been able to have a positive impact in creating good leadership. The President's oath of office is more susceptible to being interpreted as a ceremonial ceremony rather than being interpreted in essence. The absence of limitations and scope of the oath of office norms makes this norm difficult to put into practice. The previous state practice had made the oath of office a political reason to overthrow a President, not a legal reason. Therefore, the oath of office of the President needs serious legal attention in the future. The purpose of this study was to determine the nature and urgency of the implementation of the oath of office as well as the juridical implications that arise when the oath of office is violated in a constitutional perspective in Indonesia.This research is a normative legal research. This is based on library research which takes quotations from reading books, or supporting books that are related to the problem to be studied. This study uses secondary data sources consisting of primary, secondary and tertiary legal materials. This study also uses qualitative data analysis and produces descriptive data.From the results of the research conducted, there are several conclusions obtained, namely: First, the President's oath of office has been identified as an imperative legal norm. The interpretation of the constitution that is carried out, puts the oath of office of the President into real urgency that must be done. The presidential oath of office is also the initial evidence of the effectiveness of the President's power. Second, the President's oath of office can be used as a legal reason to impeach the President when the oath of office is violated. Legal certainty is the rationale for placing the presidential oath of office and has juridical implications when it is violated. Reorienting the oath of office of the President is also necessary in order to strengthen the presidential system itself. The scope and limitations obtained from the oath of office of the President are also implemented so that the norms of the oath of office of the President can be applied consequently. An objective and fair law enforcement must be a necessity in responding to violations of this oath of office.Keywords: Impeachment - Oath of Office - President's Power

PENAFSIRAN KITAB UNDANG-UNDANG HUKUM PIDANA TENTANG PENCURIAN DALAM KELUARGA TERHADAP PERKAWINAN DI BAWAH TANGAN PADA PUTUSAN PENGADILAN NEGERI TELUK KUANTAN NOMOR 1/PID.B/2020/PN TLK Atika Shalwani; Erdianto Erdianto; Adi Tiaraputri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Theft in the family as stipulated in Article 367 of the Criminal Code, the legislator stipulates theft as a criminal complaint (klacht delict), i.e. theft that can only be prosecuted on the basis of complaint from the aggrieved party. The type of complaint contained in the Criminal Code is a relative complaint, namely a complaint against the person who committed the theft and the absolute complaint that is his or her actions. Regarding theft in the family stipulated in Article 367 of the Penal Code, neither husband nor wife can sue each other in the event of theft between the two parties, the legal principle of marital property is that by marrying the husband and wife, then all the assets brought by the husband and wife into the marriage, enter into a group of property, called the property of unity. But based on this case, the wife has suffered losses for her husband's actions. However, the wife cannot sue her husband in positive legal rules. Plus their marital status is marriage under hand. So it is not recognized by the State and the wife is difficult to get justice for.The purpose of this research is to find out how the legal process against theft in the marital family is under hand, as well as the known interpretation of Article 367 of the Criminal Code against the case of theft in marriage under hand. This research will be compiled using a type of normative juridical research, namely research focused on examining the application of rules or norms in positive hokum. The approach used in this study is to use a normative approach that is literature law research.The result of the study conducted by the authors is that, although a delik is a complaint in this case in the form of a criminal theft in the family to conduct an investigation of the relic, it is known that the judge ruled in the case of theft in the marriage family under the hands is thus only included in the 362 Criminal Code because it fulfills the element of taking something, which is entirely or partially belonging to another person , with the intent to be unlawfully owned.Keywords: Interpretation – Marriage under Hand – Theft

PENGAWASAN DINAS PERHUBUNGAN TERHADAP JURU PARKIR DI TEPI JALAN UMUM BERDASARKAN PERATURAN DAERAH KOTA DUMAI NOMOR 5 TAHUN 2014 TENTANG RETRIBUSI PELAYANAN PARKIR DI TEPI JALAN UMUM Nuratisyah Nuratisyah; Dessy Artina; Adi Tiaraputri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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This research is related to the implementation of controlling of parking service fees on the side of public roads as regulated in Article 28 Paragraph 1 of the Dumai City Regional Regulation Number 5 of 2014 concerning Parking Service Levies on the Side of Public Roads which is carried out regularly. In the field there are still many legal parking attendants who collect fees that do not comply with the provisions that have been set. Therefore it needs to be studied in a stimulant, First, the supervision of the transportation service of parking attendants on the side of public roads based on the Dumai City Regional Regulation Number 5 of 2014 concerning Parking Service Charges on the Side of Public Roads, Second, the obstacles for the transportation service in carrying out controlling of parking attendants in the city of Dumai, Third, Future surveillance efforts carried out by the transportation agency on parking attendants on the side of public roads based on the Dumai City Regional Regulation Number 5 of 2014 concerning Parking Service Retribution on the Side of Public Roads.This research is a sociological legal research, because it is based on field research, namely by collecting data from observations, interviews, and literature reviews that are related to the problems to be studied assisted by primary, secondary and tertiary data. This study uses qualitative data analysis, produces descriptive data, and concludes with a deductive thinking method.From the results of the study, it is concluded that, First, the controlling of the transportation department of parking collectors on the side of public roads based on the Dumai City Regional Regulation Number 5 of 2014 concerning Parking Service Levies on Public Roads has not been optimal. Second, the inhibiting factors for the transportation agency in carrying out supervision of parking collectors in the city of Dumai are the lack of operational personnel, budget, coordination of related parties, and dishonesty of parking collectors. Third, the future controlling efforts carried out by the transportation service on parking collectors on the side of public roads in the city of Dumai are the addition of operational members to supervise parking collectors, reactivate the coordination team for development, regulation and control of parking on the side of public roads.Keywords: Controlling – Parking Officer - Retribution

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