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REFORMULASI SANKSI PIDANA DISKRIMINASI RAS DAN ETNIS DI INDONESIA Irfan Ariski; Syaifullah Yophi; Sukamarriko Andrikasmi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Law Number 40 of 2008 concerning the Elimination of Racial and EthnicDiscrimination, actually the law against acts of racial and ethnic discrimination can preventand accommodate a person. In practice, cases of racial and ethnic discrimination haveincreased every year. In data taken from the National Commission on Human Rights (KomnasHAM), there were at least 188 complaints. Where in 2021 there were 44 complaints.Therefore, as an effort to tackle increasing racial and ethnic discrimination, and reflecting onthe Albanian state and the importance of creating a new paradigm, it is necessary toreformulate criminal sanctions as stipulated in Article 16 of Law Number 40 of 2008concerning Elimination of Racial and Ethnic Discrimination to present laws that are moreappropriate in responding to the needs of modernization. The purpose of this research was tofind out the arrangement and application of racial and ethnic discrimination criminalsanctions in the Indonesian legal system, as well as to form the idea of reformulation ofappropriate sanctions against racial and ethnic discrimination crimes in Indonesia..This research is normative legal research supported by secondary data, carried out bymaking library materials the main focus. Also called doctrinal legal research, namely legalresearch that uses data based on library research by taking quotes from reading books, orsupporting books that have something to do with the problem to be studied. Thus, this studyuses 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 discussions and research conducted, several conclusions wereobtained, namely: First, the provisions and sanctions for criminal discrimination asstipulated in Article 16 of Law Number 40 of 2008 concerning the Elimination of Racial andEthnic Discrimination are no longer implemented and do not consider the impact ofpsychological violence that can be worse than physical violence and is still very weak whencompared to other countries such as the Republic of Albania and the United States. In theend, the existing sanctions become an obstacle in projecting law as a social engineering toolthat is just and beneficial to society. In practice, this has created a gap between das sollenand das sein in the application of racial and ethnic discrimination criminal sanctions inIndonesia. Second, the reformulation of criminal sanctions in the form of limiting sanctionsand adding criminal sanctions to imprisonment and fines, as well as the existence oftreatment and/or treatment in the form of rehabilitation is an idea that was prepared bytaking into account the outlook on life, awareness and legal ideals, as well as the philosophyof the Indonesian nation which originates from Pancasila and Preamble to the 1945Constitution of the Republic of Indonesia.Keywords: Ideas - Criminal Sanctions – Racial and ethnic discrimination
REFORMULASI TERKAIT DENGAN PASAL 2 UNDANG-UNDANG NOMOR 21 TAHUN 2007 TENTANG PEMBERANTASAN TINDAK PIDANA PERDAGANGAN ORANG DALAM PEMBAHARUAN HUKUM POSITIF DI INDONESIA Vira Andina Putri; Mukhlis R; Sukamarriko Andrikasmi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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In Article 2 of Law Number 21 of 2007 concerning the Eradication of theCrime of Trafficking in Persons, it contains a minimum criminal sanction of 3(three) years which is deemed not to fulfill a sense of justice considering thatvictims experience violence which has an impact on the physical and psychologicalas well as morals of victims, moreover the majority victims are women and childrenwho incidentally are weak people. Therefore, as an effort to combat trafficking inpersons which is increasing and the importance of giving birth to a formulationthat is in accordance with the needs of the community, it is necessary to carry outreformulations related to criminal sanctions for trafficking in persons which arecontained in Article 2 Paragraph 1 Law Number 21 of 2007 concerningEradication of the Crime of Trafficking in Persons to present a law that is moreappropriate in responding to the modernization needs of society. The purpose ofthis research was to find out the arrangements and application of criminalsanctions for the Crime of Trafficking in Persons in the Indonesian legal system, aswell as forming ideas reformulation of appropriate sanctions against the Crime ofTrafficking in Persons.This research method is normative legal research. It is also called doctrinallegal research, namely legal research that uses data from literature that is relatedto the problem under study. Thus this study uses secondary data sources consistingof primary, secondary, and tertiary legal materials.From the results of the research conducted, several conclusions can bedrawn, namely, First, the perspective of the judge in imposing criminal sanctionsconsiders 2 (two) factors. Second, the ideal sanction in the crime of trafficking inpersons is to increase criminal sanctions in the form of imprisonment and finesaccording to how much influence the perpetrator has over this crime.Keywords: Reformulation – Criminal Sanctios – Trafficking in Persons
Pertanggungjawaban Pidana Jasa Pinjaman Online yang Menimbulkan Tindak Pidana terhadap Konsumen Pinjaman Online Syerin Aurellia; Zulfikar Jayakusuma; Sukamarriko Andrikasmi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Online Lending Services are regulated by The Financial Services Authority(OJK) Number 77/POJK/01/2016 concerning Information Technology-BasedBorrowing and Borrowing Services. When a customer makes an online loantransaction, the desk collector will fill out the customer’s debt. However not a fewof these desk collectors cause criminal acts for their customers, many of theircustomers are constantly threatened by desk collectors so they feel threatened andare afraid of the threats from the desk collectors. Regarding criminal liability, it isoften limited to being borne by third parties. The main issues in this research are:How is law enforcement against Online Loan Services causing criminal actsagainst consumers of online loans; How is the criminal liability of online loanservices that causes criminal acts against consumers of online loans.The type of research used in this research is normative legal research or itcan also be called doctrinal legal research. Normative legal research is library lawresearch. This research is focused on legal principles. The principle of law used inthis research is the principle of expediency. The data analysis used in this researchis qualitative data analysis which will produce descriptive data.From the study results, it was concluded that, first, based on the legalanalysis conducted, law enforcement has not been fully applied to online loanservices as corporations. This is marked by the burden of criminal liability whichis only borne by third parties when it should have been the online loan services whowill take responsibility However, law enforcement is still minimal, even thoughArticle 53 paragraph (1) of the Financial Services Authority Regulation Number1/POJK.07/2013 concerning Consumer Protection in the Financial Services Sectorhas directed this matter. Second, criminal liability so far has only focused on thirdparties, while online loan services as business entities are not subject to criminalliability. This is because regulations regarding online loan arrangements havelimitations in terms of specific rules (lex specialis) which result in online loanservice businesses still being able to operate even though the desk collector hascommitted a crime and has been given a sanction.Keywords: Criminal Liability – Online Loans – Criminal Acts - Consumers
IMPLEMENTASI SURAT PEMBERITAHUAN PERKEMBANGAN HASIL PENYIDIKAN TERKAIT MEKANISME PENYIDIKAN TINDAK PIDANA DI INDONESIA (STUDI KASUS DI KEPOLISIAN RESOR KOTA PEKANBARU) Andreas Leonardo; Erdiansyah Erdiansyah; Sukamarriko Andrikasmi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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A Notification In ensuring accountability and transparency of investigations orinvestigations, investigators are required to provide SP2HP to the reporting party whetherrequested or not periodically at least once a month. Today there are often cases that SP2HP,which is an obligation of investigators, is not realized or not implemented properly inaccordance with the provisions stipulated in the Police Regulation of the Republic ofIndonesia Number 16 of 2010 which states that SP2HP is public information and is a right forthe reporter. The purpose of the research is to find out the implementation of the InvestigationResult Progress Notification Letter related to the criminal investigation mechanism inIndonesia, as well as to find out the obstacles faced by the police in implementing theInvestigation Result Progress Notification Letter related to the investigation mechanism incriminal acts at the Pekanbaru City Resort Police (Polresta).This type of research is sociological legal research. This research is located at thePekanbaru City Resort Police (Polresta). The data sources used are primary data andsecondary data, data collection techniques in this study are observation, questionnaires,interviews, and literature review, and can be concluded with deductive thinking methods.From the results of the study, it can be concluded that, First, the regulation of thesubmission of SP2HP to the reporter is regulated in the Regulation of the Chief of Police ofthe Republic of Indonesia (Perkap) Number 14 of 2012 concerning Investigation Managementfor the submission of SP2HP, the submission of SP2HP to the reporter at the Pekanbaru CityPolice has not run optimally because there are several obstacles. Second, the reporter doesnot provide a clear address to the investigator of the Criminal Investigation Unit of thePekanbaru City Police, the reporter is not in his place of existence, there are reporters whoonly make reports but have no concern for the continuation of the case, the mobile phonenumber or telephone provided by the reporter is not active or even does not have acommunication device, the public is less aware
TINJAUAN YURIDIS TERHADAP TINDAK PIDANA PENGHINAAN DI MEDIA SOSIAL MENURUT PASAL 27 AYAT 3 UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK (STUDI KASUS BEBERAPA PUTUSAN PENGADILAN) Alya Oktari Rahma; Mukhlis R; Sukamarriko Andrikasmi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The development of science and technology, including telecommunications, media andinformatics (telematics) globally, has had an impact on changing the mindset and perspective ofthe community in carrying out all activities that are oriented towards aspects of ease and speed inexchanging access to information. Technological advances are developing rapidly, enabling theemergence of new types of crimes that can be committed through social media. In the current erathat is very closely related to social media, the most common legal problems that occur aredefamation in the form of insults in cyberspace. The purpose of this thesis research is, firstly, tofind out the juridical review of several court decisions on perpetrators of insults on social media.Second, find out the judge's interpretation of the sentence imposed on the perpetrator of the crimeof defamation on social media based on the Joint Decree regarding the ITE Law.The type of research used in this thesis research is normative research. This study useddata consisting of primary legal materials, secondary legal materials, tertiary legal materials anddata collection techniques were carried out using the library study method. In this study also usedqualitative data analysis to produce descriptive data.From this research, there are two things that can be concluded that first, in relation toinsult the special rules are regulated in Law No. 19/2016 concerning Amendments to Law No.11/2008 concerning ITE. Article 27 Paragraph (3) is considered a "rubber article". The reason forbeing labeled as a rubber article is because this article does not have clear benchmarks and canthreaten freedom of expression, especially civil society and the press. If you look at the attachmentto the SKB that has been listed, a government official cannot use Article 27 Paragraph (3) as aform of legal protection if a performance or policy he publishes draws criticism, opinion orjudgment from the public if the policy he makes is deemed inappropriate with a sense of justice insociety. Second, the case that the author analyzes from a positive legal perspective in the case thatthe decision handed down by the court is not in accordance with what has been stipulated by lawcontained in Article 27 Paragraph (3) of the ITE Law No 19/2016 which is basically better , it'sjust that there is no guarantee of legal certainty regarding insult or defamation.Keywords: Criminal Act of Insult, Social Media, ITE Law.
PELAKSANAAN RESTORATIVE JUSTICE SEBAGAI UPAYA PEMENUHAN HAK RESTITUSI BAGI KORBAN TINDAK PIDANA PENGANIAYAAN DI PASAMAN BARAT Utari Inaldha; Erdiansyah Erdiansyah; Sukamarriko Andrikasmi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Victims of criminal acts often bear their own medical expenses as a result of theirnatural criminal acts. Even though the wound or illness received by the victim was not due tohis fault but from the perpetrator of the crime. Victims seem to be sidelined to obtain justice.Especially after the issuance of Presidential Regulation No. 82 of 2018 concerning HealthInsurance Article 52 paragraph (1) letter (r). Victims of the crime of persecution whopreviously had a Social Security Administering Body card, hereinafter referred to as BPJS,can use it to ease their burden, are again sidelined and have to try to recover their conditionon their own. So the first research objective is to find out the implementation of restorativejustice as an effort to fulfill the right of restitution for victims of criminal acts of persecutionin West Pasaman. Second, knowing the efforts and obstacles in implementing restorativejustice as an effort to fulfill the right of restitution for victims of criminal acts of persecutionin West Pasaman.This research is classified into the type of sociological legal research which isengaged in the field of legal reality, on the basic aspects of law. Sources of data are primarydata and secondary data consisting of primary legal materials, secondary legal materialsand tertiary legal materials. Data collection techniques in this study were observation,interviews, and literature study.The results that can be obtained from this research are the implementation ofrestorative justice as an effort to fulfill the right of restitution for victims of abuse in WestPasaman, which can be implemented in two institutions, namely the West Pasaman ResortPolice and the West Pasaman District Attorney. The implementation of restorative justice atthe police level is carried out for those who carry out the functions of criminal investigation,investigation and investigation in the police. Whereas in the prosecutor's office it is carriedout in the prosecution, namely when the responsibility for the suspect and evidence is handedover or commonly referred to as stage two. Every restorative justice settlement can fulfill thevictim's right of restitution because it is necessary to prove that the victim's rights have beenfulfilled, then a peace agreement can be signed. Constraints and efforts in the implementationof restorative justice as the fulfillment of the right of restitution for victims of persecution inWest Pasaman, there are several obstacles encountered related to obtaining a peaceagreement between parties caused by external factors in the form of compensation paymentsand the ability of the perpetrators. Efforts made include providing mediation facilities,bringing together parties by bringing in ninik mamak as an effort to reach a peaceagreement, and providing suggestions for peace.Keywords: Restorative Justice- Mediation-Right to restitution
REFORMULASI PENGATURAN SANKSI PIDANA BAGI PELAKU USAHA YANG MELAKUKAN PENIMBUNAN BAHAN PANGAN PADA SAAT TERJADI KELANGKAAN BARANG Muhammad Fadhil Muzzammil; Davit Rahmadan; Sukamarriko Andrikasmi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The act of hoarding food is a criminal act that has an economic motive, so it is a formof crime, because it is detrimental to society and the State. Business actors who commit theseacts will be subject to penalties and sanctions in accordance with Law Number 7 of 2014concerning Trade and Law Number 18 of 2012 concerning Food. In the regulation of sanctionsin this law, there are no specific minimum sanctions regulations so that in their decisionsjudges can impose criminal sanctions that are too light. Therefore, the aim of this thesisresearch is first, to determine the need to reformulate the regulation of criminal sanctionsagainst individual business actors who hoard food when there is a shortage of goods in thefuture. Second, to formulate relevant forms of criminal sanctions against business actors whohoard food when there is a shortage of goods in the future.This type of research can be classified into a type of normative legal research. In thistype of legal research, law is often conceptualized as what is written in statutory regulationsor laws. Therefore, the first source of data is only secondary data, which consists of primarylegal material, secondary legal material and tertiary data.From the results of this research, the first result was obtained, namely the need toreformulate the regulation of sanctions against perpetrators of criminal acts of food hoardingin Article 107 of Law Number 7 of 2014 concerning Trade and Article 133 of Law Number 18of 2012 concerning Food. These two articles are not listed. special minimum criminal threat,then in his decision the judge does not have a reference in giving a decision so that theperpetrator of a criminal act can be given a sanction that is too light. Second, regulation ofrelevant criminal sanctions for business actors who commit criminal acts of food hoardingwith efforts to reform Indonesian criminal law, namely by including special minimum criminalsanctions in the form of imprisonment for a minimum of 1 (one) year.Keywords: Reformulation, Business Actors, Food Hoarding.
PENGATURAN TERHADAP PELAKU PROSTITUSI MENGGUNAKANAPLIKASI MICHAT DALAM HUKUM PIDANA INDONESIA Farhan Hevin Pratama; Davit Rahmadan; Sukamarriko Andrikasmi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Online prostitution is a practice of prostitution that uses internet social media as a means ofcommunication or a liaison between commercial sex workers (PKS), pimps and their users. Socialmedia that is often used by commercial sex workers and pimps recently is MiChat social media.MiChat is a private messaging application as well as group messaging, sharing photos,videos and voice messages. MiChat has an excellent feature, namely People Nearby where userscan find new friends based on the closest location. This feature is often misused by commercial sexworkers (PSK), and pimps in carrying out the criminal act of online prostitution. In a sense, thisapplication can connect a person with people whose location is nearby, that is, within a certainradius, by presenting a profile photo and location distance, so that service users are not difficult tofind prostitution service providers that suit their tastes. The offer of commercial sex services bycommercial sex workers is carried out via chat on the MiChat application.Not only that, online prostitution activities in the MiChat application will further develop ifthe parties involved in the practice of misusing the MiChat application as a means of onlineprostitution crime are not given appropriate punishments according to the actions they havecommitted, then they will continue to repeat them and always feel safe. from legal bondage.Therefore, a firm legal policy is needed in handling online prostitution cases in the MiChatapplication for parties involved in this practice, with the aim of obtaining an effective solution inhandling these cases.This research will examine the main issues according to the scope and identification ofproblems through a normative juridical approach. Based on normative research methods, the datasources used in this research are secondary data sources which consist of 3 legal materials,namely: primary legal materials, secondary legal materials, and tertiary legal materials. Datacollected from literature studies.Keywords: Regulation - Prostitutes - Michat Application - Indonesian CriminalLaw
IMPLEMENTASI PASAL 12 UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 21 TAHUN 2007 TENTANG PEMBERANTASAN TINDAK PIDANA PERDAGANGAN ORANG DALAM MEMBERANTAS TINDAK PIDANA PROSTITUSI DI WILAYAH HUKUM KEPOLISIAN RESOR KAMPAR Muhammad Adil. MA; Mukhlis R; Sukamarriko Andrikasmi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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One form of human trafficking is prostitution. Prostitution in Indonesia is considered acrime against decency and is illegal and against human rights. One way to eradicateprostitution is to punish users of their services, by making Commercial Sex Workers (PSK)victims of sexual exploitation in trafficking in persons, through Article 12 of the Law of theRepublic of Indonesia Number 21 of 2007 concerning the Eradication of Trafficking inPersons.This type of research can be classified as sociological juridical research. With theresearch location taking place in Kampar Regency, especially in the Kampar Resort PoliceLegal Area. While the population and sample are all parties related to the problem beingstudied. This study uses data sources in the form of primary data and secondary data, anddata collection techniques are carried out by means of interviews.The results of the study concluded that, First, the implementation of Article 12 of thePTPPO Law has never been applied to users of prostitution services who sexually exploit sexworkers who are victims of trafficking in persons in the Judicial Area of the Kampar ResortPolice; Second, the main factor hindering the implementation of Article 12 of the PTPPOLaw in eradicating criminal acts of prostitution in the Kampar Resort Police Legal Area, isdue to the lack of commitment from the government, community and law enforcement officialsto fight together in eradicating criminal acts of prostitution in trafficking in persons, thenservice users. prostitution often uses fake identities, and victims are reluctant to providecomplete information to uncover prostitution networks in human trafficking because victimsfeel ashamed (taboo) to tell their problems, so victims think that if they leave the underworldof prostitution it will be difficult for them to get a job in real world life; Third, there issynergy between the community, government and law enforcement officials to jointlyeradicate the crime of prostitution in trafficking in persons, then the Police coordinate withthe Regional Police and Institutions outside the Police to find out the true identity of theperpetrators, and provide new job opportunities for those who want to leave the prostitutionprofession and start a decent life, as well as provide an understanding to the public so thatthey are willing to accept and give jobs to these former prostitutes.Keywords: Implementation, Prostitution in Person Trafficking, Crime
GERAKAN PENCEGAHAN STUNTING MELALUI EDUKASI PENYULUHAN KEPADA MASYARAKAT DI DESA BENTENG HILIR KABUPATEN SIAK Sukamarriko Andrikasmi; Afifah Mutiarani; Asyraf Aufa Azril; Chesta Adabi; Chintya Anggaraini Pohan
Martabe : Jurnal Pengabdian Kepada Masyarakat Vol 6, No 10 (2023): Martabe : Jurnal Pengabdian Kepada Masyarakat
Publisher : Universitas Muhammadiyah Tapanuli Selatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31604/jpm.v6i10.3474-3478

Abstract

Permasalahan stunting merupakan prioritas masalah yang terjadi di Provinsi Riau yaitu dengan prevalensi kasus sebesar 17%. Penulisan ini dimaksud untuk menjelaskan bagaimana kebijakan pencegahan stunting di Desa  Benteng Hilir, Kecamatan Mempura, Kabupaten Siak dijalankan. Fokus dalam tulisan ini tertuju pada Pemerintah Desa Benteng Hilir selaku pengelola kebijakan strategis mengenai pencegahan stunting di Desa Benteng Hilir. Pengabdian ini bertujuan untuk mengajak para orang tua ikut serta dalam pencegahan stunting untuk meningkatkan derajat kesehatan bayi dan balita serta meningkatkan pengetahuan masyarakat Desa Benteng Hilir Kecamatan Mempura Kabupaten Siak tentang pencegahan stunting. Metode yang digunakan adalah sosialisasi dan pengedukasian tentang pencegahan stunting kepada masyarakat. Hasil penyuluhan ini mahasiswa KUKERTA dapat melihat permasalahan yang terjadi dilingkungan sekitar dan bagi masyarakat dapat menambah wawasan terhadap pentingnya pencegahan stunting. Dampak pengabdian ini yaitu dapat melihat permasalahan yang terjadi dilingkungan sekitar dan bagi masyarakat dapat menambah wawasan terhadap pentingnya pencegahan stunting. Untuk itu disarankan adanya peran aktif dari penghulu dan perangkat desa dalam menyikapi masalah stunting.