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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 155 Documents
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Search results for , issue "Vol 10, No 2 (2023): Juli - Desember 2023" : 155 Documents clear
GAGASAN PEMIDANAAN TERHADAP PEKERJAAN TUKANG GIGI DALAM TINDAK PIDANA MALPRAKTIK DI INDONESIA DITINJAU DARI TEORI PEMIDANAAN Denia Nabilah Orienza; Evi Deliana; Erdiansyah Erdiansyah
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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Abstract

In Indonesia, the number of dental artisans who are members of variousassociations such as the Independent Dental Artisans Association (ASTAGIRI),Indonesian Dental Artisans Association (ITGI), Indonesian Dental Artisans Union(PTGI), Indonesian Dental Artisans Group (HITGI), Indonesian Dental ArtisansForum (FTGI), and Dental Artisans Forum (FPG) is approximately 75,000individuals.This research can be classified as normative legal research, whichexamines the legislation related to the legal theories that are the focus of thestudy. The approach used is qualitative analysis, collecting data from books,journals, and other scholarly works relevant to this research. Primary andsecondary legal sources are utilized as data sources.The conclusion drawn from the research is as follows. Firstly, the urgencyof criminalizing dental artisans in cases of dental malpractice in Indonesia isbased on past cases experienced by victims of dental artisans, as well as illegaldental practices that exceed their authority. Actions are only subject toadministrative sanctions, such as warnings and license revocation. However, theurgency lies in permits and still make mistakes or engage in malpractice shouldbe subject to criminal punishment. The ambiguity of the current provisionnecessitates further study, criminal law reform, and more specific regulations toenable the criminalization of dental artisans. Secondly, the idea of criminalizingdental artisans in cases of dental malpractice in Indonesia was initially regulatedunder Article 78 of the Medical Practice Act.However, the Constitutional Court declared the criminalization of dentalartisans unconstitutional. The wording of Article 78 should be read as follows:"Any person who intentionally uses tools, methods, or other means to provideservices to the public, giving the impression that they are a registered doctor ordentist, except for dental artisans who have obtained practice permits from theGovernment as referred to in Article 73 paragraph (2), shall be liable toimprisonment for a maximum of 5 years or a fine of up to IDR 150 million."Keywords: Dental Artisans, Criminalization, Urgency, Idea, Criminal Offense.
KEABSAHAN HAK JAMINAN ATAS RUMAH PADA PERJANJIAN KREDIT YANG DIKUASAI OLEH SUAMI TANPA PERSETUJUAN ISTRI Lucy Ayuditya Indah Utama; Firdaus Firdaus; Setia Putra
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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Marriage in Islam is also called marriage, is a relationship of a sacred bondbetween a man and a woman, which means worship to Allah, to follow the sunnah of theapostle and is carried out on responsibility, sincerity and following the provisions of thelaw which is a close relationship. between a man and a woman who have fulfilled theconditions of marriage. The purpose of marriage according to Law Number 1 of 1974concerning marriage is that marriage aims to form a happy and eternal family based onBelief in the One and Only God, besides that the institution of marriage also aims toform male and female humans in a household life, live life together, ensuring themaintenance of human resources. One of the legal consequences of marriage is not onlydirected at the husband and wife, but also regarding the assets owned by the husbandand wife. Indonesian marriage law stipulates that assets acquired during the marriageperiod are referred to as joint assets.The purpose of this study was to determine the legitimacy of the house asjoint property between husband and wife controlled unilaterally by the husband and todetermine the distribution of shared assets equally between husband and wife. This typeof research uses the sociological method. The research location is the PekanbaruReligious Court. The data collection technique is to use primary data as the mainmaterial obtained directly in the field, namely interviews, but also supported bysecondary data, namely library materials.The results of the research on the validity of the guarantee rights over thehouse in the credit agreement that is controlled by the husband without the wife'sconsent is that there are 10 cases filed by the wife related to joint property. The reasonfor a wife to file a joint property lawsuit is because the joint property was obtained whenthey entered into a marriage and felt entitled and obliged to share the property fairly.One of the cases raised was case No. 123/Pdt.G/2019/PA.Pbr, in which case a wifemade an effort to distribute joint assets to be divided fairly, namely a plot of landcovering an area of 660M2 and building 1 unit of a 2-storey house. This effort was madeon the basis of the defendant's concern that they would lose, embezzle or transfer thejoint property.JOM Fakultas HukumUniversitas Riau Volume X Edisi 2 Juli-Desember 2023 Page 1Keywords:Joint Property-Divorce-Guarantee-Crediy
MODEL PEMBIAYAAN MUDHARABAH PADA PINJAMAN MODAL MELALUI APLIKASI OLEH PT AMARTHA MIKRO FINTECH Sukma Putri Dertiyana; Maryati Bachtiar; Meriza Elpha Darnia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Abstract

PT Amartha Micro Fintech comes with the aim of increasing UMKMthrough a group of underprivileged women by providing financing services aimedat business capital. The financing provided by Amartha to the underprivilagedwoman’s group uses sharia principles with a mudharabah. In Beringin MakmurVillage, especially the Amartha Beringin assembly, only 5 out of 30 customerscarry out their obligations using financing for business capital, even though thisprovision has been stated in Article 1 paragraph (4) of the Funding Agreement –Special Requirements of PT Amartha Micro Fintech, Article 1paragraph (11) ofLaw Number 20 of 2008 Concerning Mikro, Small, and Medium Enterprises, andNational Sharia Council Fatwa on Mudharabah (Qiradh).This type of research is empirical juridical research, while the pupulationand sample are PT Amartha Micro Fintech Pangkalan Kuras Branch and thecustomers of the Amartha Beringin assembly in Beringin Makmur Village. Thepurpose of this research is to find out the obligation of customers to use thefinancing received as business capital which aim to increase Micro, Small, andMedium Enterprises (UMKM).The conclusion of this research is the obligation of PT Amartha MicroFintech customers, especially the Amartha Beringin assembly, has not beenmaximizes due to several factors from the customer’s side as well as from the sideof field officers. The weak economic situation of customers is one of the obstaclesfor customers to establish a business through capital loans given and the largetarget that must be achieved by field officers also result in giving loans tocustomers even though they do not meet their obligations optimally. The author’sadvice for customers is given socialization related to rights and obliggations aswell as literacy to improve the business that is being run and balanced withregular monitoring of customers after the disbursement of financing.Keywords: Model – Mudharabah Financing – Application – Capital Loan.
POLITIK HUKUM PEMBENTUKAN UNDANG-UNDANG NOMOR 13 TAHUN 2022 TENTANG PERUBAHAN KEDUA ATAS UNDANG-UNDANG NOMOR 12 TAHUN 2011 TENTANG PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN DALAM PERSPEKTIF ASAS PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN Apri Wulandari Panjaitan; Mexsasai Indra; Zulwisman Zulwisman
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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The formation of laws and regulations must based on the principles of forming good laws andregulations, including: Clarity of Institutional Purposes or appropriate forming officials Conformitybetween types, hierarchies, and content material. The formation of Law Number 13 of 2022 is a follow-upto the Constitutional Court Decision Number 91/PUU-XVIII/2020 as a basic order to regulate theOmnibus method and meaningful participation.This type of normative juridical research, because this research is carried out by examining secondarydata and approaches to laws, this normative research examines the applicable regulations and relatesthem to legal politics in the formation of laws and regulations. to achieve the ideal criteria in amendingLaw Number 13 of 2022 Second Amendment to Law Number 12 of 2011 concerning Formation ofLegislation. The data sources used are primary data, secondary data, tertiary data, the data collectiontechnique in this study is normative juridical, the data used is library research.The results of this study examine and analyze the urgency of the state in the Formation of Law Number13 of 2022 where the law has canceled 6 (six) principles out of 7 (seven) principles for the formation oflaws and regulations and assesses the Ideal criteria in accordance with the aspired law (iusconstituendum) in the Amendment to Law Number 13 of 2022 Second Amendment to Law Number 12 of2011 concerning the Formation of Laws and Regulations based on the Indonesian constitutional system,namely the theory of laws adopted by the Indonesian legal system.Keyword: Law, Principles Of Formation Of Legislation, Legal Politics.
PERTIMBANGAN HAKIM DALAM MENJATUHKAN PIDANA PENJARA DARIPADA REHABILITASI TERHADAP PENYALAHGUNA NARKOTIKA DI PENGADILAN NEGERI PEKANBARU KELAS IA Fijai Sanjaya; Erdianto Erdianto; Elmayanti Elmayanti
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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This thesis aims to find out the considerations of judges in imposing prisonsentences on narcotics abusers at the Pekanbaru District Court Class IA.Narcotics abuse is a serious problem that affects society at large. Judges asimportant decision makers in the criminal justice system play a role in decidingwhether narcotics abusers should be given prison sentences or given otheralternatives such as rehabilitation. This study aims to determine theconsiderations of judges in making decisions on imprisonment and the factors thatinfluence it at the Pekanbaru District Court Class IA. In Law Number 35 of 2009concerning Narcotics it is explained that Narcotics abusers must not be jailed butsentenced to Rehabilitation because the Narcotics Law guarantees abusers getrehabilitation efforts (Article 4d). In this writing, the writer focuses on NarcoticsAbuser, who in practice, the view of Narcotics Abusers as perpetrators of crime isstill more dominant than the health and healing approach to Narcoticsdependence. The purpose of writing this thesis: first, to find out what are theobstacles faced by Class IA Pekanbaru District Court Judges to ProvideRehabilitation for Narcotics Abusers. Second, to find out what the PekanbaruDistrict Court Judge considers in imposing prison criminal sanctions on narcoticsabusers. Third, to find out what are the efforts to overcome the obstacles toimplementing the rehabilitation of narcotics abusers. The research methodologyinvolves collecting primary data through interviews with judges who areauthorized to try cases of narcotics abuse at the Pekanbaru District Court ClassIA. In addition, secondary data consisting of court decisions and relevant lawsand regulations.From the research results, there are 3 main things that can be concluded:First, the consideration of the Class IA Pekanbaru District Court Judge isconsidering that because of all the elements of Article 112 paragraph (1) inconjunction with Article 132 paragraph (1) RI Law number 35 of 2009concerning Narcotics and secondly Article 127 paragraph (1) letter a RI Lawnumber 35 of 2009 in conjunction with article 55 paragraph (1) to 1 of theCriminal Code is fulfilled. Second, the obstacles in the implementation ofrehabilitation can be seen from the perspective of law enforcement officials, andthe existence of a double track system in the law itself. Third, efforts that can bemade in dealing with obstacles in the implementation of rehabilitation
PENYERANGAN RUSIA TERHADAP UKRAINA DITINJAU DARI HUKUM INTERNASIONAL Diana Octavia Situmeang; Maria Maya Lestari; Zulfikar Jayakusuma
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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Sending Russian military troops into a sovereign state territory to carry out occupationsand special military operations according to international law is a form of violation of statesovereignty or what is known as an invasion. This is an act that violates international peaceand is rejected by the international community because it gives many bad influences to theinternational legal order which influence one another. Besides that, the act of attacking thesovereignty of other countries is also contrary to the theory of sovereignty to internationalcustoms.The type of research used by the author is normative legal research or what is knownas "legal research". which means that legal research is conceptualized as what is written inlaws and regulations (law in book) or law. Regarding how International Law responds to theattack carried out by Russia against Ukraine as a violation of International Law which isdetrimental to many parties, especially Ukraine.The status of the attack carried out by Russia against Ukraine according tointernational law is aggression according to what is stipulated in the UN General Resolution,because the invasion or military attack carried out by Russia against Ukraine is a form ofaggression recognized by international law. As a violation of international law in general,Russia as the aggressor must be legally responsible. The legal responsibility of the aggressoraccording to International Law is regulated as the definition of aggression was first regulatedin the UN General Resolution by giving power to the UN Security Council. Legal accountabilityto the aggressor state can also be carried out through its implementation at the ICJ(International Court of Justice) and individual accountability at the ICC (InternationalCriminal Court).
PENYELESAIAN SENGKETA PEMENUHAN HAK NAFKAH ANAK PASCA PERCERAIAN MELALUI MEDIASI DI PUSAT PELAYANAN TERPADU PEMBERDAYAAN PEREMPUAN DAN ANAK KOTA DUMAI Rivanka Gradian Baldi; Maryati Bachtiar; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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In the jurisdiction of the Dumai City Religious Court there are several divorce caseswhose decisions also decide on the father's obligation to provide child support rights. In caseNumber 399/Pdt.G/2018/PA.Dum, regarding the fulfillment of child maintenance rights by theDumai City Religious Court in its decision imposed the obligation to provide maintenance ofchildren to the father with the provisions as stated in the decision. Ironically, theimplementation of this decision cannot be carried out optimally. In fact, the father does notgive the right to provide for the child at all as has been decided by the Judge at the ReligiousCourt on the grounds that he cannot afford the amount of maintenance that must be given permonth, thus causing the child not to get the comfort and protection as the rights he has. Thepurpose of writing this thesis: First, to find out the Mediation Process for Fulfilling Post-Divorce Children's Livelihoods at the Dumai City Women and Children EmpowermentIntegrated Service Center.Second, to find out the Dispute Resolution of the Fulfillment of Post-Divorce Children'sLivelihoods through Mediation at the Dumai City Women and Children EmpowermentIntegrated Service Center.The type of research used in this legal research is sociological legal research. Analysisof the data used is the author to analyze data qualitatively. In drawing conclusions the authoruses the deductive thinking method, namely a way of thinking that draws conclusions from ageneral statement or argument into a specific statement.From the research results, there are two main things that can be concluded. First, themediation process at the Dumai City Integrated Service Center for Women and Children hasgone well, it's just that the results of the agreement did not work as it should. Ironically, theimplementation of this decision cannot be carried out optimally. Second, the handling ofchildcare cases at the Integrated Service Center for the Empowerment of Women and Childrenin the City of Dumai is an activity carried out in an effort so that children who are victims oftheir parents' divorce, have their rights fully fulfilled without prejudice to justice for bothparents. The handling of child rearing cases is handled by mediation, namely by bringingtogether the two parties, namely ex-husbands and ex-wives accompanied by the Institution.Keywords: Dispute resolution - Children and women - Divorce
PENERAPAN SANKSI PIDANA TERHADAP PELAKU PELANGGARAN PRIVASI PADA FITUR TEMAN DEKAT DI INSTAGRAM BERDASARKAN UNDANG- UNDANG NOMOR 19 TAHUN 2016 PERUBAHAN ATAS UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK DI KOTA PEKANBARU Melati Sukma Dewi; Erdianto Erdianto; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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One of the special features on instagram is the close friends feature. The close friendsfeature available on Instagram is useful for making a list or list of close friends from accountowners. The purpose of using the close friends feature on instagram is so that the stories weupload in the form of photos and videos that can only be seen by close friends. It turns out thatthis instagram feature has a drawback, namely it can be a place where someone's privacy isviolated. The usual violation of privacy in this close friends The feature is recording screens orscreenshots of posts and distributing them to the public without permission. Dissemination ofprivate electronic information to the public is a form of privacy violation. If theupload capture/screenshot contains personal data including name, writing, and/or images thatcan identify a person then the distribution via electronic media must be carried out with theconsent of the person confirmed, according to Article 26 paragraph (1) Law 19/2016 . For thisact, every person whose rights have been violated, in this case the victim, can submit a lawsuitfor the harm incurred.The purpose of this study is to find out the application of criminal sanctions toperpetrators of privacy violations in the close friends feature on Instagram, in accordance withLaw Number 19 of 2016, Amendments to Law Number 11 of 2008 concerning information andelectronic transactions in Pekanbaru City. Second, to know obstacles in the implementation ofcriminal sanctions against perpetrators of privacy violations in the "close friends" feature onInstagram based on law number 19 of 2016, an amendment to law number 11 of 2008concerning information and electronic transactions in the city of Pekanbaru.This researchmethod can be classified into the type of sociological legal research as research that wants tosee the unity between law and society with the gap between das sollen and das sein.The conclusion from the results of the study that to provide a deterrent effect on theapplication of criminal sanctions against perpetrators of privacy violations on the close friendsfeature on Instagram is imprisonment. However, the application of these criminal sanctions isonly related to cases containing pornographic elements. Meanwhile, violations of privacy onsocial media, such as those related to defamation, can be resolved non-penal (outside court) orresolved through retorative justice. Efforts that can be made to deal with obstacles in theapplication of criminal sanctions are that law enforcers work together with expert sanctions,both linguist sanctions, to identify forms of privacy violations that can be categorized aswhether it is a privacy violation or not.Keywords: Privacy Violation – Social Media – Instagram - ITE
MODEL PENANGGULANGAN TINDAK PIDANA DENGAN MENGOPTIMALKAN FUNGSI BHAYANGKARA PEMBINA KEAMANAN DAN KETERTIBAN MASYARAKAT DI WILAYAH HUKUM KEPOLISIAN RESOR KABUPATEN KAMPAR Fuad Ikmal; Davit Rahmadan; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Crime prevention is one of the primary roles of the Police in maintaining thesecurity and order of society. In carrying out their duties, the Indonesian NationalPolice (Polri) has a unit called Bhayangkara Pembina Keamanan dan KetertibanMasyarakat (Bhabinkamtibmas), which serves as the frontline in establishingrelationships with the community at the village or sub-district level. However, inthe jurisdiction of the Kampar District Police Resort, there are still several issuesthat hinder the optimization of Bhabinkamtibmas' functions.This research aims to analyze a model for combating crime by optimizingthe functions of Bhabinkamtibmas in the jurisdiction of the Kampar DistrictPolice Resort. The background of this research is based on the need to improveand enhance the effectiveness of Bhabinkamtibmas in preventing and handlingcriminal acts at the community level. The research utilizes a qualitativedescriptive method with a case study approach. Data is obtained throughinterviews with several Bhabinkamtibmas officers in the area and from relevantliterature studies.The research employs a qualitative approach with data collectiontechniques such as interviews, observations, and documentary studies. Therespondents consist of Bhabinkamtibmas officers, local communities, and otherrelevant stakeholders.The results of the research indicate that Bhabinkamtibmas plays a crucialrole in maintaining the security and order of society in the jurisdiction of theKampar District Police Resort. Bhabinkamtibmas can undertake variouspreventive actions to deter criminal activities, such as conducting routine patrolsin their respective areas, building good relationships with the community, andproviding education and information about laws and regulations. Additionally,Bhabinkamtibmas can take repressive measures against criminals bycollaborating with other security forces.Keywords: crime prevention model, Bhabinkamtibmas, communitysecurity and the Kampar District.
KAJIAN TENTANG PERUBAHAN HARGA DALAM TRANSAKSI DENGAN SISTEM PEMBAYARAN CASH ON DELIVERY (COD) PADA ONLINESHOP SHOPEE MENURUT UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Putri Damayanti; Zulfikar Jayakusuma; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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The development of the internet provides many conveniences for humans tocontinue to make it easier to carry out their daily activities, including buying andselling. Many people create effective and efficient systems such as e-commerce. E-commerce is experiencing very rapid development so that companies createMarketplaces, one of which is Shopee. Shopee has a variety of payment systems,one of which is the Cash on Delivery (COD) system, Payment is made when thegoods reach the by buyer's. However, in this payment system there are somedrawbacks, such as price changes that occur when paying, two case about pricechanges experienced by some consumers that the author got from the Twitterplatform and one of the author's friends did not escape the incident. Things like thisare certainly very detrimental to consumers, because they require consumers to paymore than what is stated when they want to make a transaction. Based on the case,the authors are interested in studying, researching and relating this phenomenonbased on Law Number 8 of 1999 concerning Consumer Protection in writing thisthesis.The purpose of this research is to find out the COD system works on theShopee marketplace and protects consumers as a result of price changes intransactions with the COD payment system according to Law Number 8 of 1999concerning Consumer Protection. This research was conducted using a normativejuridical research approach. The method of normative juridical research approachis library law research which is carried out by examining library materials orsecondary data. In this study, the scope of research be carried out by drawing legalprinciples, which are carried out on written and unwritten positive laws.From the results of this study, that consumers should properly know therules and be careful when doing the transaction, consumers must set awarenessabout anything that harm. An institution is needed for consumer protection, whichsupervises consumer rights in e-commerce. Business actors must uphold highintegrity in carrying out their business. Electronic service providers should createa special service and complaint procedure for consumers who feel their rights arenot being fulfilled.Keywords: COD, Consumer, Shopee

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