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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 137 Documents
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Search results for , issue "Vol 10, No 1 (2023): Januari - Juni 2023" : 137 Documents clear
TINJAUAN YURIDIS PEMBENTUKAN UNDANG-UNDANGNOMOR 3 TAHUN 2022 TENTANG IBU KOTA NEGARA DIKAITKAN DENGAN PASAL 5 UNDANG-UNDANG NOMOR 12 TAHUN 2011 TENTANG PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN Adrefido Aditia; Mexsasai Indra; Muhammad A. Rauf
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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The formation of a new legal product must certainly understand the sciences inmaking statutory regulations. As one of them is to understand the principles in the formationof laws and regulations. The formation of a statutory regulation certainly has reasons andclear objectives in a country, one of which is Law Number 3 of 2022 concerning the StateCapital. However, the process of forming a law was very fast and seemed rushed becauseideally it was in accordance with the standard operational procedures for preparingAcademic Papers and Draft Laws which were prepared within a period of 3 months. Thereis no transparency and openness, as well as the lack of participation from the public in theprocess of forming the law.The objectives to be achieved in this research are the first, namely to find outthat the Formation of Law Number 3 of 2022 concerning IKN is linked to the principle oftransparency according to the formulation of Article 5 of Law Number 13 of 2022 Amendmentto Law Number 12 of 2011 concerning the Formation of Legislation. . Second, so that theideal concept for the formation of Law Number 3 of 2022 concerning IKN is known, which inthe Perspective of Law Number 13 of 2022 Amendments to Law Number 12 of 2011concerning the Formation of Legislation..From the results of the research, can be concluded. First regarding theFormation of Law Number 3 of 2022 concerning IKN, it is associated with the principle oftransparency according to the formulation of Article 5 of Law Number 13 of 2022 Amendmentto Law Number 12 of 2011 concerning the Formation of Legislation. The Second IdealConcept of Establishing Law Number 3 of 2022 Concerning IKN in the Perspective of LawNumber 13 of 2022 Amendment to Law Number 12 of 2011 Concerning the Formation ofLegislation.The authors, in the formation of the IKN Law, is in accordance with thehierarchical provisions for the formation of laws and regulations. The new law must complywith and be guided by the existing law and in the future the ideal concept of making aregulation or legislation must be given the opportunities for the public to participatecomprehensively and holistically. The ideal concept that is right for the future, when there isa bill, the DPR and the Government will immediately provide the draft to the public. As wellas the DPR and the Government making an application to accommodate people’s aspirationsin providing input to the bill Draft Law before the Draft Law is passed.Keywords: Establishment – Laws – IKN – Regulations - Principles of Openness
TINJAUAN YURIDIS PENGATURAN PENINJAUAN KEMBALI BERDASARKAN PUTUSAN MAHKAMAH KONSTITUSI NOMOR 34/PUU-XI/2013 DIKAITKAN ASAS LITIS FINIRI OPORTET Nadya Safitri; Mukhlis R; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Review is regulated in Article 268 Paragraph 3 of the Criminal Procedure Code(KUHAP) "Limiting an application for review of a decision can only be filed once". Based on thedecision of the Constitutional Court Number 34/PUU-XI/2013 stated that Article 268 Paragraph3 of the Criminal Procedure Code against the 1945 Constitution of the Republic of Indonesiameans that a review cannot only be submitted once but may deny the principle of litis finiriopportet more than once. Therefore, the purpose of this thesis research is first, to find out theregulatory mechanism for judicial review in criminal cases after the Constitutional Court'sdecision Number 34/PUU-XI/2013 is related to the principle of litis finiri opportet. Second,knowing the relationship between legal certainty and justice after the Constitutional Court'sdecision Number 34/PUU-XI/2013 is related to the principle of litis finiri opportet.This type of research can be classified into the type of normative legal research. Thisstudy used secondary data consisting of primary legal materials, secondary legal materials,tertiary legal materials and data collection techniques were carried out using the library studymethod.From the results of the research problem there are two main things that can be concluded.First, the Mechanism for Review Arrangements in criminal cases following the ConstitutionalCourt decision Number 34/PUU-XI/2013 associated with the principle of finiri opportet is notregulated regarding the limitation of review. cases will never be finished which has run awayfrom the principle of litis finiri opportet (A case must have an end). Second, the relationshipbetween the principle of legal certainty and the principle of justice after the decision of theconstitutional court Number 34/PUU-XI/2013 is associated with the principle of litis finiriopportet: This Constitutional Court decision has denied the principle of litis finiri opportet,namely that every case must have an end, the aim of which is to realize justice and findingmaterial truth. The author's suggestion is First, the government follows up regarding the settingfor limiting the number of times you can apply for a PK. Second, it is suggested that judicialpower, both the Supreme Court and the Constitutional Court, is expected to combine 3 (three)important things in deciding cases, namely legal certainty, expediency, and justice.Keywords: Judicial Review - Constitutional Court - Litis Finiri Oportet Principle.
ANALISIS YURIDIS STATUS HUKUM MANTAN NARAPIDANA DIKAITKAN DENGAN TEORI PEMIDANAAN DI INDONESIA Leoni Capri Widyatama; Erdianto Erdianto; Syaifullah Yophie Ardiyanto
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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The life of ex-convicts is often viewed negatively. With this negative view, thephenomenon of injustice and discriminatory treatment by society arises for ex-convicts whohave a record as perpetrators of criminal acts. Such as ostracism, humiliation, limited rightsand the difficulty of ex-convicts in applying for jobs in companies. So that it is necessary toclarify the legal status of ex-convicts after being released from Correctional Institutions withthe aim of getting their rights back.The type of legal research is normative juridical with research on legal systematics,namely referring to certain laws and regulations or written law.With the data source in theform of secondary data consisting of primary, secondary and tertiary legal materials. Then,data collection techniques were carried out using legal material collection by means oflibrary research and then analyzing the data by conducting a qualitative descriptive analysis.The result of this reasearch is the juridical analysis of the legal status of ex -convicts,after serving a sentence according to the concept of criminal law is to return to being arespectable society as before and obtain full legal rights, but after the author analyzes whathappens is that the legal status of ex-convicts is not in accordance with justice and applicablelaw in Indonesia, due to various rules, discriminatory treatment and negativ e views fromsociety give injustice to ex-convicts which can be seen from the cases of ex-convicts who werediscriminated against in their own community and from the existing regulations limiting therights of ex-convicts especially when it come to getting a job. Effort that can be is that thegovernment must always prioritize human rights, such as by making legal products that areconsistent with and not contradictory to the 1945 Constitution of the Republic of Indonesia,especially Article 28 and the Human Rights Law.Keywords: Legal Status, Ex-convict, Criminal Theory
PENGELOLAAN LINGKUNGAN HIDUP ATAS KERUSAKAN PERAIRAN SUNGAI SINGINGI AKIBAT PERTAMBANGAN EMAS TANPA IZIN BERDASARKAN HUKUM ADAT DESA KOTOBARU KABUPATEN KUANTAN SINGINGI Yolan Indrayani; Firdaus Firdaus; Zulfikar Jayakusuma
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Each region in Indonesia has a comm unity unit that has inhabited the territory ofIndonesia for centuries and has its own distinctive character. This community unit is anorganized community group, has rulers, has their respective customary laws and has their ownwealth in the form of tangible or intangible objects and controls natural resources within theirreach. Indigenous peoples have local wisdom which is the potential and strength in managing aforest area, land, and river. The problem In this case, river management means thatenvironmental management must pay attention to the impact between generations, with wiseuse, effective protection and prevention of impacts that will arise in the future. The impact isgold mining without a permit, the indigenous people around can no longer use the river as theirlivelihood, because it is damaged and polluted. Therefore, this study aims to examine theenvironmental damage caused by PETI (unlicensed gold mining) as well as to analyze what arethe sanctions for those who damage Singi River waters due to PETI and environmentalmanagement carried out by traditional stakeholders. The method used in this research issociological or empirical research, which is a type of research that uses communityassumptions in finding facts that occur in the field to answer an existing problem. , primarydata, secondary data, and tertiary data. Data collection techniques in this study were interviewsand literature review.Keywords: Indigenous Environmental Damage, Kuantan Singingi.
EFEKTIVITAS PENGAWASAN KOMISI YUDISIAL PENGHUBUNG WILAYAH RIAU TERHADAP PENEGAKAN KODE ETIK HAKIM DI PENGADILAN NEGERI PEKANBARU TAHUN 2021 Muhammad Roif Alghani; Dodi Haryono; Junaidi Junaidi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Judicial Commission Liaison (PKY) is an institution that assists the tasks ofthe Indonesian Judicial Commission in the regions. PKY Riau Region was formedin 2013, according to Judicial Commission Regulation Number 1 of 2012concerning the Establishment, Structure and Liaison Work Procedures forRegional Judicial Commissions, its performance has not been optimal in carryingout its duties and functions.The method used study is an empirical juridicalapproach or legal sociology. The author conducted direct research at the researchlocations at the Riau Region PKY Office and the Pekanbaru District Court. Thesampling technique was total sampling. Primary data collection by interviews,observation and documentation, while secondary data by way of literature study.Furthermore, all data is processed and studied using a descriptive analyticalmethod that combines field data with library data.The results of the study show thatthe Riau Regional PKY in carrying out the task of maintaining the honor andnobility, dignity and behavior of judges is based on public reports while sanctionsagainst judges for violations are the authority of the Indonesian JudicialCommission (central). There are several inhibiting factors that affect theperformance of the Riau Region PKY in enforcing the Code of Ethics for Judges atthe Pekanbaru District Court, including online trials, covid-19, lack of humanresources, and limited authority. This causes the supervision carried out by theRiau Region PKY to enforce the Code of Ethics for Judges at the Pekanbaru DistrictCourt in 2021 to be less effectiveKeywords: Judicial Commission, Judicial Commission Liaison, Enforcement ofthe Code of Ethics and Judges Code of Conduct,
PENYELESAIAN TINDAK PIDANA PENGANIAYAAN MELALUI PROSESI MANDOA PERDAMAIAN DI DESA KETAPING JAYA KECAMATAN INUMAN KABUPATEN KUANTAN SINGINGI Jodi Saputra; Mukhlis R; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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This research is related to the settlement of criminal acts of persecution through a peace prayerprocession in Ketaping Jaya Village, Inuman District, Kuantan Singingi Regency. Settlement of problemsbetween perpetrators and victims of criminal acts of persecution is not only resolved in the criminaljustice system as a formal settlement, but in the community the settlement through customary law, namelythe peace prayer procession, can be a solution or way of resolving criminal acts of persecution. Thereforeit is necessary to study, first, the process of resolving the crime of persecution through a peace prayerprocession, as well as the impact of this settlement on the level of crime in Ketaping Jaya Village, InumanDistrict, Kuantan Singingi Regency, secondly the influence of the mechanism for solving the crime ofpersecution through the peace prayer process on recidivists in reducing/preventing criminal acts ofpersecution.This research is a sociological law research, because it is based on field research, namely bycollecting data from observation, interviews, and literature studies that have to do with problems usingqualitative data analysis, producing descriptive data, and concluded with a deductive thinking method.From the results of the study, it was concluded that, first, the settlement of the crime ofpersecution through a peace prayer procession in Ketaping Jaya Village, Inuman District was effective,because the settlement had a positive impact on reducing crime rates in Ketaping Jaya Village. However,there are still weaknesses, namely the settlement process takes quite a long time because the partiesinvolved, especially the ninik mamak of both parties, can delay the predetermined settlement time forpersonal reasons and unilaterally. Second, the completion of the crime of persecution through the peaceprayer procession greatly influences the recidivist in reducing or preventing the crime of persecution. Inaddition, this settlement also affected the behavior of the perpetrators and the surrounding community,which became better than before due to fear of sanctions, be it fines or social sanctions.Keywords: Customary Law-Persecution-Prayer for Peace-Recidivist
PERTANGGUNG JAWABAN PIDANA TERHADAP FREELANCE PERUSAHAAN PADA TINDAK PIDANA PERBANKAN DALAM MENGHIMPUN DANA MASYARAKAT TANPA IZINOTORITAS JASA KEUANGAN ATAU BANK INDONESIA DENGAN PROMISSORY NOTE Afrido Hidayah; Mukhlis R; Syaifullah Yophie Ardiyanto
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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We can find arrangements regarding the accountability of the Board of Directors inLaw Number 40 of 2007 concerning Limited Liability Companies. Pursuant to Article 97paragraph (2) of the Limited Liability Company Law, the directors are required to managethe company in good faith and with full responsibility. Meanwhile, freelancers, who in factare only freelance daily workers and do not have a fixed monthly salary, are demandedalmost the same as the directors. So the purpose of the thesis research is first, to find outwhether a company can raise funds through a Promissory Note. Second, knowing whether afreelance can be held criminally responsible in a company, if the company commits a crime.This type of researcher can be classified into the type of normative legal research.This study uses secondary data consisting of primary legal materials, secondary legalmaterials, tertiary legal materials and data collection techniques are carried out using thelibrary method.From the results of the research problem there are two main things that can beconcluded. First, that in collecting public funds, the company can do this with a promissorynote (promissory note), based on Article 174 of the Criminal Code, it must meet therequirements. Second, that freelance companies cannot be held accountable for companiesthat commit criminal acts. If asked for accountability, it is only administrative. Because afreelance company is not included in the core organs of the company and is not included assomeone who can control the company in accordance with the Limited Liability CompanyLaw and the Criminal Code. The author's suggestion is First, the collection of public fundscarried out by non-bank companies is given more attention to the State of Indonesia.Enforcement and supervision must be carried out even tighter so that the Banking Act LawNumber 7 of 1992 concerning Banking and Law Number 21 of 2011 concerning theFinancial Services Authority is more effectively implemented so that people are no longerafraid to invest in shares to advance the economy. Second, if company freelancers are heldcriminally liable, then all freelance companies must also be held accountable in accordancewith the law regulated in article 2 of the Criminal Code.Keywords: Freelance, Financial Services Authority, Bank Indonesia.
TANGGUNG JAWAB BADAN HUKUM PADA TINDAK PIDANA HUMAN TRAFFICKING BERDASARKAN UNITED NATION CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME TERHADAP NEGARA INDONESIA DAN MALAYSIA Asri Qhornelis Putri; Zulfikar Jayakusuma; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Countries around the world are increasingly facing crimes that cross nationalborders, one of which is human trafficking. These crimes threaten and force countriesin the world and the United Nations to regulate a rule of law that can prevent andprosecute these crimes. In 2000, the Palermo Convention, known as the UnitedNations Convention Against Transnational Organized Crime (UNTOC), was born.This type of research is normative legal research, namely legal researchcarried out by examining library materials in the form of binding legal rules andsecondary data such as other literature related to this research through a statuteapproach and comparative approach. This research is a qualitative data analysis inwhich descriptions are made of legal data that has been collected logically andsystematically. This research uses dualisme theory and functional dictatorshiptheory.The result of this research is that Member States have an obligation toincorporate legal entities into their national law. The mandate of UNTOC hasimplications for the laws of Indonesia and Malaysia as Member States. Thatimplication is dualism in applying international law through legal transformation sothat international law can apply in the laws of Indonesia and Malaysia. The rules arecreated through policies, so that Law No. 21 of 2007 on the Eradication of the Crimeof Trafficking in Persons in Indonesia and the Anti-Trafficking in Persons Act 670 of2007 in Malaysia were born. These acts regulate legal entities (corporations) aslegal subjects to prevent, prosecute, and punish corporations for committing thecrime of trafficking in persons.Keywords: Legal Person, Human Trafficking, UNTOC
ANALISIS YURIDIS RECOVERY ASSET MELALUI TINDAK PIDANA PENCUCIAN UANG DARI HASIL TINDAK PIDANA KORUPSI Iffana Hayu; Mukhlis R; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Eradication of criminal acts of corruption is the main agenda that must be held. Assetrecovery in corruption is the process of handling assets from the proceeds of corruption at everystage of law enforcement, so that the value of these assets can be maintained and returned to thestate. In Law No. 8 of 2010 Concerning the Prevention and Eradication of Money Laundering,there is a policy related to the law on eradicating corruption and other similar laws, namely withthe sole aim of narrowing down the occurrence of corruption. This means that the presence ofthe Law on Money Laundering is an attempt to assist the operation of the Law on CorruptionEradication.The purpose of this study is to offer an effective and efficient strategy in returning state assetsfrom corruption through money laundering and to find out the construction of the judge'sthinking in examining and deciding money laundering cases on corruption as the predicatecrime.An effective and efficient strategy in efforts to recover assets from the proceeds of corruptionthrough money laundering is to combine charges of corruption with money laundering.Accumulating criminal acts, indictments are not combined with alternative or subsidiary formsand returning assets from the proceeds of criminal acts of corruption can be carried out throughcriminal or civil instruments. The judge's thinking construction regarding evidence that has beenused in other crimes that have permanent legal force (BHT) cannot be used as evidence in othercrimes. The formulation of the crime of money laundering as a supplementary crime ofcorruption (predicate crime) needs to be given the same serious attention as proving thatcorruption is a predicate crime. The unpaid payment for the purchase of an asset becomes aconsideration for the Panel of Judges that the asset is confiscated for the state.Research in making effective and efficient indictment formulations to optimally return stateassets needs to be carried out also for the future. Researchers hope that there will be more in-depth research on efforts to return state assets from the proceeds of criminal acts of corruptionthrough money laundering and other efforts as well as research in making effective and efficientindictment formulations. Efforts to return state assets outside the criminal corridor must be amore serious concern to be carried out.Keywords: Asset Recovery, -Criminal Corruption, -Judge Contruction, -Money LaunderingCrimes
PERAN UNITED NATIONS CHILDREN’S FUND SEBAGAI CHILD PROTECTION TERHADAP ANAK-ANAK YANG DIREKRUT OLEH KELOMPOK BOKO HARAM PADA KONFLIK BERSENJATA NON INTERNASIONAL DI NIGERIA Putri Dewi FS; Maria Maya Lestari; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Recruitment of children as part of the armed conflict has enormous impacts, suchas the recruitment of children who are recruited by the Boko Haram group, manychildren are recruited as spies, suicide bombers, cooks, messengers and others. Therecruitment of these children which is the involvement of children in armed conflicts is aviolation of children's rights, so the UN as an international organization gives amandate, namely to UN agencies specifically having one special organ that deals withchildren, namely UNICEF. UNICEF is a place to protect children so that they canremain free and obtain their rights. UNICEF and the UNICEF program will protectchildren from serious violations of their rights. So that the purpose of writing this thesis,namely: First to find out violations of the rights of children who become ChildProtection against the recruitment of children by the Boko Haram group, Second, therole of UNICEF as child protection for children recruited by the Boko Haram group innon armed conflicts in Nigeria, the three obstacles of UNICEF in carrying out its roleas child protection for children recruited by the Boko Haram group in non-internationalarmed conflicts in Nigeria.This type of research can be classified into this type of research, namelynormative legal research, namely a legal research conducted by examining librarymaterials with secondary data. Then, the data that has been collected will be processedand analyzed using descriptive methods by sorting the data so that a conclusion can bedrawnThe results of the research problem there are three main things that can beconcluded. First, there are many violations of children's rights against recruitment byBoko Haram. Both UNICEF as an international organization has an important positionas an IGO, and an international legal subject that has a role as an independent actorand UNICEF is carrying out its role with various efforts to protect children recruited bythe Boko Haram group by asking the Nigerian authorities to sign the Optional ProtocolThe Convention on the Rights of the Child concerning the Involvement of Children inarmed conflicts also prohibits the forced recruitment or conscription of children and thesigning of an action plan to end and prevent the recruitment and use of children. Third,there are several obstacles that occur, namely in terms of funding, access to health andothers.Keywords: Recruitment of Children- The Role of UNICEF- Child Protection

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