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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
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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Abstract

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
BRUTALISME OKNUM APARAT POLISI PADA MASA KINI DITINJAU DARI PERSEPEKTIF HUKUM DAN MORALITAS Helsony Zelson; Davit Rahmadan; Tengku Arif Hidayat
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Irregular behavior of members of the Police is a violation of the Police professional code ofethics and Police disciplinary regulations. However, it is felt that law enforcement against theseregulations is still far from expectations and has not been able to maximally have a positive impacton the behavior of members of the Police, both due to the process of law enforcement and the resultsof law enforcement regulations. Efforts to enforce the code of ethics and disciplinary regulations areurgently needed in order to realize the implementation of assigned tasks and achieve policeprofessionalism. Based on this, the author is interested in discussing law enforcement againstmembers of the Police who commit irregularities, while the focus of his research is on members ofthe Police who commit abuse.This study aims to determine the forms of brutalism committed by police officers in carryingout their duties as law enforcement officers and to review the role of law enforcement police officersfrom a legal and moral perspective.The forms of brutalism are: physical violence, structural violence, and psychologicalviolence. Not only seen from the form, but brutalism can also be seen based on the perpetrators,namely: individual violence and collective violence.In the provisions of Article 13 it is emphasized that the Police are tasked with: 1.maintaining public order and security; 2. enforce the law; 3. provide protection, shelter and serviceto the community (Article 13, Law No. 2 of 2002).Keywords: Brutalism, Police, Law Enforcement.
EFEKTIVITAS PELAKSANAAN DIVERSI TERHADAP ANAK BERHADAPAN DENGAN HUKUM DI KABUPATEN KUANTAN SINGINGI Lesti Hardianti; Erdianto Erdianto; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Not all cases of delinquent children must be resolved through formal judicialchannels, objective and fair law is required to be able to offer alternative ideas that are morehumane and simply do not place penal means as the primum remedium. This conception givesbirth to novelty, and provides an alternative solution using a justice approach in the bestinterests of the child and taking into account justice for victims, known as an approach basedon the principles of restorative justice. This concept is believed to be able to fulfill proportionaljustice for both parties when in fact the child is the perpetrator. On the other hand, one of thereasons that other solutions and approaches are needed for children in conflict with the law isthat correctional institutions are full, therefore a diversion policy is needed to overcome this asan alternative idea. Understanding that keeping children away from the criminal justiceprocess is important because this is part of efforts to protect children's human rights as statedin the Convention on the Rights of the Child which provides opportunities for the diversionprocess carried out by the Police and Public Prosecutor as well as other officials who have theauthority to keep them away. children from the judicial process. However, the fact is thatdiversion does not always produce a deterrent effect for perpetrators, there are still childrenwho re-commit criminal acts after being given diversion.This research is sociological legal research. This is based on research whichemphasizes legal aspects (legislation) relating to the main issues to be discussed, linked toreality on the ground. This research uses primary data sources consisting of primary,secondary and tertiary legal materials.From the results of the research and discussions carried out, several conclusionswere obtained, namely: First, the implementation of diversion in Kuantan Singingi Regencywas not optimal and effective. Law enforcers who are not yet ready to carry out statutoryorders, the absence of guidance institutions such as Bapas and the absence of further guidancefor children after giving diversion. Second, the creation of ideal and maximum diversity andincluding restorative justice in it, can be achieved through various efforts. Such as providingoutreach, input and understanding to all parties (stakeholders) involved, forming Bapas orinstitutions that can carry out the roles and functions of Bapas to monitor the implementationof diversion which has not existed in Kuantan Singingi Regency, which is actually an orderfrom the law.Keywords: Children Facing the Law – Diversion – Crime
IMPLEMENTASI PENGELOLAAN ALOKASI DANA DESA BERDASARKAN PERATURAN PEMERINTAH NOMOR 43 TAHUN 2014 TENTANG PERATURAN PELAKSANAAN UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA (Studi Kasus di Desa Segati Kecamatan Langgam Kabupaten Pelalawan) Sri Nabila; Dodi Haryono; Muhammad A. Rauf
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Abstract

The management of village funds in empowering village residentsand to find out several factors that enable and hinder the management of villagefunds. This research uses sociological research methods. This activity was carriedout in Segati Village, LanggamDistrict, Pelalawan Regency, by conductinginterviews and observations to obtain data and information about interpretedvillage funds. Segati Village received a Village Fund budget of IDR2,571,968,300. In 2019, IDR. 2,809,007,000 in 2020, Rp. 2,442,927,000 in 2021and the Village Fund Allocation (ADD) budget in 2021 is Rp. 1,031,380,000. AndDistribution is carried out in 2 (two) stages, namely, the first stage 60% and thesecond stage 40%.The aim of this research is to determine the realization of VillageFund management in Segati Village, Langgam District, Pelalawan Regency. Thenumber of research informants was 5 people with the Village Head, VillageSecretary, Village Consultative Body, Management Activity ImplementationTeam, Subdistrict Head, as informants. data collection techniques usinginterviews and analysis.The research results show that the management of village fundscarried out by the village government has not been fully realized and needs to beimproved further. The suggestion in this research is that it is hoped that themanagement of Village Funds will put more emphasis on the provisions set so thatall sectors in the Village Fund Allocation management policy are implementedwell. As well as the Regional Government monitoring villages that do notimplement government policies regarding managing village funds properly, aswell as evaluating which villages use Village Fund Allocations but do not complywith the stipulated provisions so that they can be given warnings and sanctions sothat village fund management is realized properly.Keywords: Implementation, Management, Allocation of Village Funds
TINJAUAN YURIDIS PEMBENTUKAN PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG NOMOR 2 TAHUN 2022 TENTANG CIPTA KERJA DIKAITKAN DENGAN PUTUSAN MAHKAMAH KONSTITUSI NOMOR 91/PUU/XVIII/2020 Septiana Ulfah; Dodi Haryono; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Abstract

In 2020 Indonesia was Constitutional Court Decision Number 91/PUU-XVIII/2020. Inthe decision the Job Creation Law was declared conditionally unconstitutional and gave 2years to complete the revision of the job creation law, but on December 30 2022 theGovernment postponed Government Regulation in Lieu of Law Number 2 of 2022 concerningJob Creation. Since the promulgation of this Perppu, there has been much debate in thecommunity, so there are pros and cons to the enactment of this Perppu. Therefore it isnecessary to know about the process of forming Perppu Number 2 of 2022 concerning JobCreation which is linked to the Constitutional Court Decision Number 91/PUU-XVIII/2020.The purpose of this research was to find out the background for the issuance of Perppu Number2 of 2022 concerning Job Creation by the President, as well as whether the establishment ofPerppu Number 2 of 2022 is in accordance with the Constitutional Court Decision Number91/PUU-XVIII/2020 and to find out how it should be Following up on the Constitutional CourtDecision Number 91/PUU-XVIII/2020 by the President.This research is a normative legal research. Normative legal research that examines andexamines literature or secondary data, by taking quotations from the literature that is relatedto the problem to be studied. As well as a statutory and conceptual approach, in this way thisstudy uses data sources consisting of primary, secondary and tertiary legal materials. Thisstudy also used qualitative data analysis and produced descriptive data.From the results of the discussion and research conducted, several conclusions wereobtained, namely: First, the background to the issuance of Perppu Number 2 of 2022 by thePresident is a matter of urgency that compels and as a continuation in implementing theConstitutional Court Decision 91/PUU-XVIII/2020, Second, the Establishment of PerppuNumber 2 of 2022 is not in accordance with the Constitutional Court Decision Number91/PUU-XVIII-2020. Because the subjectivity of the President which is the main reference forestablishing a Perppu is contained in the Constitutional Court Decision Number 138/PUU-VII/2009. Third, a decision of the constitutional court must be respected but must also beobeyed and maintained in its implementation. The Constitutional Court's Decision RegardingJob Creation as a legal product, the Job Creation Law should have been corrected first.Keywords: Formation of Perppu Number 2 of 2022 concerning Job Creation
KEBIJAKAN HUKUM PIDANA TERHADAP KEJAHATAN PEMERASAN SEKSUAL ( SEKSTORSI ) DI INDONESIA Wulan Novita Sipayung; Erdianto Erdianto; Syaifullah Yophi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Abstract

The crime of sexual extortion/sextortion is a form of online gender-based violence that is carried out by extorting the victim both materially and sexually by utilizing pornographic photos or videos belonging to the victim which are obtained either by hacking, or given directly by the victim on the basis of trust in a relationship. Therefore, the purpose of this thesis research is, firstly, the importance of legal arrangements for crimes of sexual extortion/sextortion in Indonesia. Second, how is the legal protection of women as victims of sexual extortion/sectoral crimes in Indonesia.This type of research uses normative legal research methods, namely research that uses laws and regulations as primary legal material. The data sources used are primary data, secondary data, tertiary data, the data collection technique in this study is normative juridical, the data used is library research.From the results of the research problem there are 2 main things that can be concluded. First, the regulations relating to the crime of sexual extortion/sextortion are currently not very clear and complete, so that the handling of sextortion cases is not yet able to provide appropriate legal protection for victims of sextortion. The two positive laws in Indonesia relating to sextortion crimes currently only regulate prohibitions and sanctions against the perpetrators, but there is no perspective on the victim. The author's suggestion is First, there is a need for a policy to reform the criminal law that regulates sexual extortion crimes. Second, there is a need for more complete and clear rules regarding sextortion crimes. Keywords: Sextortion, Protection, Victim
IMPLEMENTASI PASAL 2 HURUF b PERATURAN MENTERI HUKUM DAN HAK ASASI MANUSIA REPUBLIK INDONESIA NOMOR 8 TAHUN 2019 TENTANG STANDAR PENGELOLAAN DOKUMEN DAN INFORMASI HUKUM MELALUI WEBSITE JARINGAN DOKUMENTASI DAN INFORMASI HUKUM (JDIH) DI BIRO HUKUM SEKRETARIAT DAERAH PROVINSI RIAU Dhea Inneke Putri; Mexsasai Indra; Zainul Akmal
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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The standard of management of legal documentation and information is still aseparate record for the Legal Bureau of the Riau Province Regional Secretariat. Themanagement of legal documentation and information is still not in accordance with Article2 Letter B of the Regulation of the Minister of Law and Human Rights Number 8 of 2019concerning Legal Documentation And Information Management Standards because themanagement of legal products on the Documentation and Legal Information Networkwebsite is still experiencing delays in updating legal products because the capacity forstoring legal products on the Legal Documentation and Information Network website isvery limited and results in the content or content of legal products cannot be publishedcompletely, therefore resulting in limited access for people in need.This research is classified as sociological legal research, namely research thatwants to look at the correlation between law and society with the gap between dass sollenand das sein.. The data sources used are primary data, secondary data and tertiary datawith data collection techniques using interviews and literature review.From the research results, there are three main things that can be concluded.First, the implementation of Article 2 Letter B of the Regulation of the Minister of Law andHuman Rights of the Republic of Indonesia Concerning Standards for Management ofLegal Documentation and Information in the Legal Bureau of the Regional Secretariat ofRiau Province can be said to have not run optimally due to delays in updating legalproducts, resulting in delays in updating the latest legal products on the website. JDIH.Second, supporting factors in the process of managing legal documentation andinformation at the Legal Bureau of the Regional Secretariat of Riau Province, namelyadequate facilities and infrastructure such as computers and the internet. Inhibiting factorsin the Riau Province JDIH management process include limited human resources in termsof the Riau Province JDIH management website, lack of guidance and budgeting for theRiau Province JDIH. Third, there is a virus on the JDIH Riau Province website. Third,regarding the efforts made, namely by adding human resources, increasing the budget andincreasing the database storage capacity of the Riau Province JDIH website.Keywords: Legal Documentation and Information Network – Management Standards –Legal Products
TINJAUAN YURIDIS TERKAIT PENGHAPUSAN PERAN JUSTICE COLLABORATOR DALAM SYARAT PENGURANGAN MASA PIDANA DIKAITKAN DENGAN TUJUAN PEMIDANAAN DALAM TINDAK PIDANA KORUPSI Nicho Samuel Arganatha Rajagukguk; Erdiansyah Erdiansyah; Tengku Arif Hidayat
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Arrangements for granting remissions or conditional release in cases of corruption priorto the decision number 28P/HUM/2021 have special conditions or differences in obtainingremissions or parole compared to other general crimes. This is regulated in GovernmentRegulation Number 99 of 2012 concerning Requirements and Procedures for theImplementation of the Rights of Correctional Families. This special condition requires thatcorruption convicts become justice collaborators or are willing to work with law enforcementagencies to help uncover the crimes they have committed. However, after the decision has beenmade, remission and parole are given more easily because there are no special conditions, thiscan reduce the expected deterrent effect and eliminate substance from the correctional system.The purpose of this research is to find out the elimination of the role of justice collaborator interms of reducing the term of imprisonment in accordance with the purpose of sentencing andto look at legal considerations in deciding to delete the article which contains specialconditions for obtaining remission for corruptors.This research is normative legal research supported by secondary data, carried out bymaking library materials the main focus. It is also called doctrinal legal research, namely legalresearch that uses data based on library research by taking excerpts 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 used qualitative data analysis and produced descriptive data.From the results of the discussion and research conducted, several conclusions wereobtained, namely: First, the elimination of the role of justice collaborators in terms of reducingprison terms is not in accordance with the objectives of punishment which wants to provide adeterrent effect and guidance for perpetrators who commit crimes. If there are no suchconditions, it will make it easier for corruption convicts to get remissions or parole. Second,there are 4 important points of legal considerations taken by the author and the legalconsiderations that have been examined have several deficiencies that result in mistakes thatremove special requirements for corruption.Keywords: Justice Collaborator – Corruption - Criminalization
PENGAWASAN SATUAN POLISI PAMONG PRAJA TERHADAP PENYELENGGARAAN REKLAME BERDASARKAN PERATURAN DAERAH KOTA DUMAI NOMOR 2 TAHUN 2021 TENTANG PENYELENGGARAAN REKLAME Silvi Isnendina; Emilda Firdaus; Junaidi Junaidi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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This research is related to the implementation of supervision of the implementation ofbillboards which is regulated in Article 35 Paragraph 1 of the Dumai City RegionalRegulation Number 2 of 2021 concerning the Implementation of Billboards which are carriedout routinely. In the field there are still many illegal billboards that are posted not inaccordance with the established provisions. Therefore, it is necessary to study the firststimulant, the supervision of the Civil Service Police Unit over the implementation ofbillboards based on the Regional Regulation of the City of Dumai Number 2 of 2021concerning the Implementation of Billboards, Second, the obstacles for the Civil ServicePolice Unit in carrying out supervision of the implementation of billboards in the City ofDumai.This research is a sociological research, because it is based on field research, namelyby collecting data from observations, interviews, and literature studies that have somethingto do with the problems studied assisted by primary, secondary and tertiary data. This studyuses qualitative data analysis, produces descriptive data, and concludes with a deductivethinking method.From the results of the study, it was concluded that, First, the arrangement forholding billboards based on the Dumai City Regional Regulation Number 2 of 2021 has notbeen maximized, Second, the supervision of the Civil Service Police Unit on theimplementation of billboards based on the Kita Dumai Regional Regulation Number 2 of2021 concerning the implementation of billboards has not run optimally. Third, the inhibitingfactors for the Civil Service Police Unit in carrying out supervision of the implementation ofbillboards in Dumai City are the lack of operational staff, the lack of coordination betweenlaw enforcers, the lack of facilities, and the lack of regulations. As for the supporting factorsfor the Civil Service Police Unit in carrying out supervision of the implementation ofbillboards, it is supported by the existence of regulations governing the implementation ofbillboards, good coordination with Satpol PP responses and supported by motivation andcommitment from Satpol PP leaders.Keywords : Arrangement-Supervision of Civil Service Police Unit-Reklame
PENYELENGGARAAN SISTEM ELEKTRONIK DI DKI JAKARTA BERDASARKAN PERATURAN MENTERI KOMUNIKASI DAN INFORMATIKA NOMOR 5 TAHUN 2020 TENTANG PENYELENGGARASISTEM ELEKTRONIK LINGKUP PRIVAT Ahmad Raditya Yunizar; Gusliana HB; Muhammad A. Rauf
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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The Minister of Communication and Informatics issued regulations regarding private electronicsystem operators through Ministerial Regulation Number 5 of 2020 concerning Private ElectronicSystem Operators. In the ratification of these regulations, according to the requirements for theimplementation of state administrative law, one of the conditions was violated, namely legitimacy, whichmeans that state administrative activities should not cause commotion because they are not acceptableto the local community or the environment concerned.The enactment of this regulation creates problems in the community and disrupts communityactivities, starting from the economic and social aspects. In the implementation of the ministerialregulation there are still many obstacles to achieving the objectives of the regulation. The ministerialregulation also contradicts the regulations above it, namely the Electronic Information and TransactionLaw. By going through an empirical approach with the aim of answering issues based on the scientificside as well as field factsThe results of this research are that the government in enforcing regulations still has somedeficiencies starting from socialization, deficiencies in human resources who master technology, andthere are still many companies that ignore these regulations which impact on the wider community. Forthis reason, it is necessary to disseminate information related to these regulations to the widercommunity and to strengthen human resources who understand technology so that problems do notoccur in the future so that in the future these regulations can improve the quality of the state in any field.Keywords: Implementation, Regulation of the Minister of Communication and Informatics, PrivateElectronic System Operators.

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