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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
ANALISIS DISPARITAS PUTUSAN HAKIM DALAM PERKARA TINDAK PIDANA DI BIDANG KEHUTANAN (STUDI KASUS PUTUSAN NOMOR 10/PID.SUS/2018/PN WNS DAN PUTUSAN NOMOR 89/PID.B/LH/2020/PN.BLS) Fitria Fitria; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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In criminal case decisions, it is known that there is a gap in sentencing which is better known asdisparity. The disparity in sentencing has a deep impact, because it contains a constitutional balancebetween individual freedom and the state's right to convict. This can be seen in the judge's decision inthe forestry crime Number 10/Pid.Sus/2018/PN Wns and Decision Number 89/Pid.B/LH/2020/PN.BlsOne decision with another decision which has the characteristics of a criminal offense are the sameand there are similarities in the articles charged but have different decisions. The purpose of writingthis thesis: First, to answer and solve the problem of disparity in decisions on forest destructioncrimes in Decision Number 10/Pid.Sus/2018/PN Wns and Decision Number 89/Pid.B/LH/2020/PN.Bls.Second , to find factors that cause disparities in criminal decisions on forest destruction in decisionsNumber 10/Pid.Sus/2018/PN Wns and Decisions Number 89/Pid.B/LH/2020/PN.Bls. The authorconducts research using normative juridical methods or literature studies in order to obtain secondarydata through documentary studies, namely by studying and analyzing in a comparative deductive waythe laws and regulations with theories that have a relationship to the problems studied.From the results of this study, there are two main problems: First, what is the analysis of thedisparity in the decision on forest destruction in the decision Number 10/Pid.Sus/2018/PN Wns andDecision Number 89/Pid.B/LH/2020/PN.Bls, Second, What are the factors causing the disparity offorest destruction criminal decisions in decisions Number 10/Pid.Sus/2018/PN Wns and DecisionsNumber 89/Pid.B/LH/2020/PN.Bls.The author's suggestion in this study is the importance of understanding the nature of the lawitself. As in the case that has been studied, one of the reasons for the difference is due to a differencein paradigm in viewing the nature of the law itself so that the desired justice is not achieved. LawNumber 18 of 2013 Concerning the Prevention and Eradication of Forest Destruction should not beinterpreted partially, which has implications for the vulnerability of people living around forest areasto being snared by this Law. The paradigm adopted and the method of interpretation applied willaffect the quality of the judge's decision. For this reason, judges need to consider all aspects inmaking a decision.Keywords : Disparity-Crime-Forestry
PENGUATAN FUNGSI PEMBENTUKAN PERATURAN DAERAH DI DEWAN PERWAKILAN RAKYAT DAERAH KABUPATEN KUANTAN SINGINGI Poni Apri Dila; Mexsasai Indra; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Strengthening the function of forming Regional Regulations in the Regional People'sRepresentative Council of Kuantan Singingi Regency in the formation of which there is still alack of Regional Regulations produced by the Regional People's Representative Council in the2014-2019 period. Therefore, it is necessary to study first, the minimum number of RegionalRegulations made, Strengthening the function of forming Regional Regulations in the RegionalPeople's Representative Council of Kuantan Singingi Regency. Second, ideally the role of theRegional People's Representative Council in forming Regional Regulations in KuantanSingingi Regency.This research is classified as sociological juridical research. With the research location atthe Kuantan Singingi Regency Regional People's Representative Council.From the research results, it was concluded that, firstly, the lack of Regional Regulationsproduced by the Regional People's Representative Council was caused by an inadequatebudget, weak function and understanding of the Regional People's Representative Council, thestrong interests of Political Parties and several Regional Regulations that were cancelled.strengthening the function of forming DPRD Regional Regulations, namely allocating thebudget properly, increasing the capacity of the Regional People's Representative Council,increasing coordination between the executive and legislative parties, and strengthening theRegional Regulation Formation Agency. Second, the ideal role of the DPRD in formingRegional Regulations in Kuantan Singingi Regency is to understand the substance of its maintasks and functions, understand and play an active role in the stages of forming RegionalRegulations, and comply with the DPRD's Rules of Procedure.Keywords: Strengthening - Formation of Regional Regulations - Regional People'sRepresentative Council
ANALISIS PUTUSAN HAKIM NOMOR 373/Pid.Sus/2017/PN.Bnj TERHADAP PENJATUHAN SANKSI PIDNA PADA PELAKU TINDAK PIDANA PENCABULANYANG MENDERITA RETARDASI MENTAL BERDASARKAN HUKUM PIDANA INDONESIA Muhammad Rafdi; Syaifullah Yophi; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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In the Indonesian Criminal Code, there is no clear formulation regarding the abilityto be responsible. Article 44 of the Criminal Code explains the circumstances when a personcannot be sentenced to a criminal sentence because there is an inability to take responsibilityfor the perpetrator of a crime in the form of a mentally disabled or impaired due to illness. Oneexample of the case is contained in the decision Number 373/Pid.Sus/2017/PN.Bnj in thedecision Defendant G who in legal facts was proven to suffer from Moderate MentalRetardation with an IQ of 46. However, in their consideration the Majlis Judge did not considerthe Defendant's Mental Retardation condition G as a determinant of his ability to beresponsible, and stated that Defendant G could be held responsible. So the purpose of thisstudy is to determine the imposition of criminal sanctions on perpetrators of criminal acts ofsexual abuse who suffer from Mental Retardation based on Indonesian criminal law and todetermine the judge's considerations for imposing criminal sanctions for sexual abuse whosuffer from Mental Retardation based on Indonesian criminal law.Application of Article 44 of the Criminal Code on the criminal act of intercourseagainst child in Decision Number 373/Pid.Sus/2017/PN.Bnj is incorrect. Inability to beresponsible for the qualifications of Article 44 of the Criminal Code includes the ability to thinkof the perpetrators of criminal acts. Perpetrator with mental retardation problems withintellectual abilities, which also affects his ability to judge his actions are in accordance withthe rules and values the values that exist in society. The judge's considerations were not carefulin imposing criminal sanctions because several important facts were revealed at the trialregarding the condition of the Defendant. The Majlis Judge should dig deeper into mattersoutside the realm of law that arise from each trial that is presided over and summon experts tothen be asked for the clearest possible explanation in order to decide the case as fairly aspossible.Keywords: Criminal liability, Mental Retardation, Obscenity
PEMBERIAN SANKSI REHABILITASI BAGI PENYALAHGUNA NARKOTIKA BERDASARKAN PASAL 127 DIKAITKAN DENGAN PASAL 103 UNDANG-UNDANG NOMOR 35 TAHUN2009 TENTANG NARKOTIKA Thika Shalsabillah; Mukhlis R; Sukamarriko Andrikasmi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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In decision No. 1243/Pid.Sus/2022/PN.Sby the defendant was declared legallyand convincingly guilty of committing the crime of class I Narcotics abuse for himself.The Defendant was given a criminal sanction in the form of imprisonment for 2 (two)years but the Judge did not order or implement rehabilitation for the Defendant.Whereas in Article 127 paragraph (3) of Law No. 35 of 2009 clearly states that: "In theevent that the abuser as referred to in paragraph (1) can be proven or proven to be avictim of narcotics abuse, the abuser is required to undergo medical rehabilitation andsocial rehabilitation." Thus the judge's decision does not reflect legal certainty.The type of legal research is normative legal research. The data used issecondary data. Meanwhile, if seen from the nature of this research is descriptive.The results of this study are that the provision of rehabilitation sanctions fornarcotics abusers based on Article 127 is linked to Article 103 of Law Number 35 of2009 concerning Narcotics, namely judges often do not give rights to narcotics users tocarry out rehabilitation, even though in Law Number 35 of 2009 concerning Narcoticsthere is a guarantee rehabilitation for drug abusers. This article should be used as abasis for judges deciding cases of narcotics abuse for users and addicts to undergomedical rehabilitation and social rehabilitation aimed at recovering perpetrators fromnarcotics addiction. Legal certainty regarding the imposition of rehabilitation sanctionsbased on Article 127 is linked to Article 103 of Law Number 35 of 2009 concerningNarcotics against abusers and perpetrators of criminal acts, namely Law Number 35 of2009 concerning Narcotics has provided legal certainty for the sanctions given, namelyin the form of imprisonment (prison) and rehabilitation sanctions (medical and social)for each perpetrator. Law Number 35 of 2009 concerning Narcotics has 2 sides, namelya humanist side for narcotics addicts and abusers, and a tough and firm side fordealers, syndicates and narcotics dealers. However, what needs attention in itsimplementation is that imprisonment given to narcotics abusers is not an effective wayto repair damage.Keywords: Sanctions, Rehabilitation, Narcotics Abuse
IMPLEMENTASI PERATURAN DAERAH PROVINSI RIAU NOMOR 12 TAHUN 2002 TENTANG PEMBINAAN DAN PENGAWASAN PENYALURAN BAHAN BAKAR MINYAK OLEH PEMERINTAH KOTA PEKANBARU Vera Magdalena Siahaan; Emilda Firdaus; Mexsasai Indra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Fuel is a vital need for the community, this can be seen from the high level ofpublic demand for means of transportation, currently transportation is no longer aluxury item but a basic need. in everyday life the use of fuel both in industry andtransportation is increasing. With increasing demand, fuel is not supported bynatural resources and continues to decline, therefore management must be carriedout as optimally as possible. In view of this, to ensure the safety and availability offuel, it is necessary to carry out supervision. In this case, the central governmentthrough representatives of each region or local government, namely the PekanbaruCity Industry and Trade Service, supervises the distribution of fuel in PekanbaruCity. The Department of Industry and Trade of Pekanbaru City is the agencyresponsible for the technical implementation of guidance and supervision of thedistribution of fuel in accordance with regional regulation Riau Province Number 12of 2002 concerning guidance and supervision of the distribution of fuel. The practiceof selling retail fuel oil is prohibited by PT. Pertamina as the main distributor.However, judging from the facts on the ground, there are still many people who dothis by buying fuel oil using jerry cans, purchasing in this way is clearly prohibitedand regulated in the regional regulation of Riau Province Number 12 of 2002concerning guidance and supervision of the distribution of fuel to Article 6paragraph 1 "Each SPBU/PSPD and SPBB are prohibited from selling fuel tobuyers using drums, jerry cans and the like". This research will be structured usingthe type of legal sociological research, namely research that is said to be fieldresearch by examining applicable legal provisions and what happens in people'slives. The data collection technique in this study was a literature study followed byempirical data collection obtained from relevant agencies, as well as conductinginterviews to obtain information directly from informants. The results of the researchconducted by the author are first, every result of supervision can be used as animprovement in improving the quality of service quality. Second, even though thesupervision carried out was in accordance with the procedure, the violations thatwere committed still continued to occur. Not only from within, obstacles also occurfrom outside the management. Where the manager of fuel oil who has responsibilityin the buying and selling process does not understand the applicable rules, andresults in problems for many people (community).
ANALISIS YURIDIS EFEKTIVITAS PT. PEGADAIAN TANJUNG BALAI KARIMUN DALAM MELAKUKAN PENIMBANGAN BARANG BUKTI NARKOTIKA DIKAITKAN DENGAN TUJUAN HUKUM ACARA PIDANA Muhammad Alkasah; Davit Rahmadan; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Narcotics crime is a criminal offense known in Law Number 35 of 2009 concerningNarcotics. Strategic policies need to be carried out by the government so that trade inprohibited goods and users of prohibited goods such as narcotics and the like can beprevented, so that the enormous negative impact on the creation of the Unitary State ofIndonesia can be overcome. Therefore, however, every perpetrator of drug abuse must besubject to 1 severe punishment so that the perpetrator is deterred or does not repeat the act ofselling and using the prohibited item. The formulation of the problem in this study is how thelegal regulation for the implementation of weighing narcotics evidence (methamphetamine)submitted by the Tanjung Balai Karimun Police Department to PT. Pegadaian is associatedwith evidence in Tanjung Balai Karimun PN and how effective the weighing of evidencecarried out by the ditresobat to PT. Tanjung Balai Karimun pawnshop is associated withcriminal procedural law.The method in this study uses empirical juridical legal research methods. This researchis also referred to as literature research or document study. It can also be called field research.In this study, it was used to collect and find data and information through field studies at theKarimun Regional Police on the basic assumptions used in answering a problem in this study.The results of this study, the first result was obtained that, in the Legal Regulation forthe Implementation of Weighing Narcotics Evidence (shabu) submitted by the Tanjung BalaiKarimun Police Department to PT. This pawnshop cannot be applied optimally because theprocedure in weighing narcotics evidence has not been explained in writing about theprocedure or why weighing must be at PT. The pawnshop. This has an effect on supportingthe judge's performance in giving decisions so that judges have clear guidelines in imposingsanctions, the severity of criminal sanctions imposed. Second, that the effectiveness ofweighing evidence carried out by Ditresobat to PT. Tanjung Balai karimun pawnshop can besaid to have not run fully effectively. So it can be concluded that it is necessary to change thebasis to regulate more competent irregularities to be able to carry out the weighing ofevidence, especially in this serious drug crime.Keywords: Evidence, Narcotics, Code of Criminal Procedure.
TINJAUAN HUKUM TERHADAP PEMBATALAN PERKAWINAN ATAS DASAR PERBEDAAN ORIENTASI SEKSUAL Zsa Zsa Quamila Pasyura; Mardalena Hanifah; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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In principle, a marriage can be annulled. An annulment of a marriagemeans that the marriage is considered non-existent or even never existed. At thistime, many problems occur within the family sphere, such as situations where acouple has entered into a marriage.The aim of writing this decision study is tofind out how judges consider in deciding cases of marriage annulment based ondifferences in sexual orientation and what efforts can be made to prevent andanticipate the occurrence of marriage annulments on the basis of differences insexual orientation by considering 3 (three) decisions, the analysis will focus on 3(three) decisions in order to gain comprehensive insight regarding the factorsconsidered by the judge. This research is normative juridical research using anapproach to legal principles.The results of the research can be concluded that first, in the judge'sconsideration of these decisions, the judge considered the facts, legalinterpretation, and aspects of justice in annulling marriages based on differencesin sexual orientation. Decision Number 0059/Pdt.G/2018/PA.Pts was based onmoral violations and fraud, while Decision Number 981/Pdt.G/PA.Btl stated thatmarriage annulment occurred due to different sexual orientations (homosexual).Decision Number 0877/Pdt.G/2021/PA.Krs noted the failure of reconciliationthrough counseling and mediation, and concluded that the Petitioner had thecapacity to apply for marriage annulment. Second, it is important to haveprevention and anticipation to avoid marriage annulment caused by differencesin sexual orientation. In Decision Number 0059/Pdt.G/2018/PA.Pts it is based onmoral violations. Prevention efforts that can be taken include getting to know theprospective partner you are going to marry and strengthening legal protection. InDecision Number 981/Pdt.G/PA.Btl the efforts that can be made are tounderstand that marriage is an agreement or pact between a husband and wifeand God and to provide educational facilities regarding legal consequences. InDecision Number 0877/Pdt.G/2021/PA.Krs.Keywords: Annulment of Marriage, Differences in Sexual Orientation, Judge'sConsideration.
PEMBENTUKAN BADAN USAHA MILIK DESA DI KECAMATAN RENGAT BARAT KABUPATEN INDRAGIRI HULU BERDASARKAN PERATURAN DAERAH KABUPATEN INDRAGIRI HULU NOMOR 5 TAHUN 2011 TENTANG BADAN USAHA MILIK DESA Harun Al Rasyid; Mexsasai Indra; Zulwisman Zulwisman
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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The Village, has several community institutions, one of them is theVillage-Owned Enterprise (VOE). Based on Article 3 of the Regional Regulationof Indragiri Hulu Regency Number 5 of 2011 concerning Village-OwnedEnterprises, VOE is formed with the aim of gaining profit to strengthen theOriginal Village Revenue; Advancing village economy; Increase the villagecommunity welfare; and improve the management of existing village assets, suchas village treasury land management. From this objective, it can be seen thatVOE functions as an engine of the village economy and the welfare of the villagecommunity.This type of research is empirical juridical research or sociological legalresearch which is a research approach that emphasizes legal aspects related tothe subject matter to be discussed, associated with reality on the ground. Theresearch was conducted in VOE in the West Rengat sub district of Indragiri HuluRegency, while the sample population is all parties related to the problem understudy. The data sources used are primary data and secondary data, the datacollection techniques in this research are by observation, questionnaire,interview, and literature review.From the results of this research, there are three main things that can beconcluded: First, the implementation of the establishment of village-ownedbusiness entities in 6 (six) villages in the western Rengat sub-district of IndragiriHulu Regency has been carried out which have been poured into VillageRegulations but are problematic in the process of formation. Second, theobstacles in establishing a village-owned business entity include the low quality ofhuman resources (HR), which results in the inoperability of the basic duties andfunctions of the village head, the village apparatus not being empowered, lack ofcoordination with related parties and village deliberation, lack of publication ofVillage Regulations on VOE, and the absence of Village Regulations on thecapital participation of VOE. Third, the efforts going forward carried out by thevillage government related to the legality of VOE are to allocate a budget forhuman resource quality improvement programs, revise the Village Regulationsabout the establishment of VOE, conduct village deliberations, coordinate withrelated parties, and empower the potential of the village.Keywords: Establishment – Village – Owned Enterprises – West Rengat
ANALISIS PENERAPAN RULE OF REASON DALAM PENEGAKAN HUKUM ATAS PERSEKONGKOLAN BARANG/JASA DI KEMENTERIAN PEKERJAAN UMUM DAN PERUMAHAN RAKYAT (PUPR) KALIMANTAN TENGAH Ilham Ilham; Rika Lestari; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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This research is motivated by the results of decisions in KPPU decisions Number03/KPPU-L/2018, Number 04/KPPU-L/2018, and Number 06/KPPU-L/2018 . Stakeholderemployees appointed to be on the tender implementation committee were involved in theconspiracy to win one of the business actors. The tender committee facilitated collusion withone of the tender participants. The action taken by the tender implementation committee is toorganize and win certain tender participants, namely one of the Reported Parties, by providingexclusive and preferred opportunities and to help organize the Reported Party group to be ableto win the tender by displacing other Reported Parties at the technical level even though thedocuments are complete.This research aims to determine the application of the rule of reason approach and lawenforcement regarding goods/services collusion in the Ministry of Public Works and PublicHousing (PUPR) in Central Kalimantan. The method used is descriptive normative legalresearch using a statutory-regulatory approach to regulations relating to Article 22 of the Anti-Monopoly and Unfair Business Competition Law. This research source uses primary,secondary and tertiary legal materials with data collection techniques based on literature studyand data analysis techniques using the deduction method.The research results obtained are related to the application of the rule of reasonapproach to 3 (three) KPPU decisions, namely Numbers 03/KPPU-L/2018, 04/KPPU-L/2018,and 06/KPPU-L/2018, which are still not perfectly implemented. Furthermore, regarding lawenforcement regarding goods/services collusion that occurred at the Ministry of Public Worksand Public Housing (PUPR) in Central Kalimantan, in this case to the working group as oneof the respondents, the Assembly did not follow the provisions of Article 47 Paragraph (2)Letter F which stipulates there was payment of compensation even though it was legal andproven to fulfill the elements of tender conspiracy as explained in the case above. Even thoughall of the Reported Parties have been legally and convincingly proven in accordance withArticle 22.Keywords : Tender Committe, Conspiracy, Tender
POLITIK HUKUM LARANGAN ANGGOTA BADAN PERMUSYWARATAN DESA SEBAGAI PENGURUS PARTAI POLITIK BERDASARKAN UNDANG-UNDANGNOMOR 6 TAHUN 2014 TENTANG DESA M. Agum Wira Yudha Gumelar; Junaidi Junaidi; Zainul Akmal
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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In article 67 number 8 of Law Number 6 of 2014 concerning Villages it isexplained that the Village Consultative Body is prohibited from "becoming theadministrator of a political party". Cases of multiple positions are quitecommonplace in the nation and state, but their existence cannot be fully acceptedand they are even more likely to be rejected due to many factors, for example,they can cause conflicts of interest, the occurrence of multiple incomes, weaksupervision and so on.This type of research can be classified in the type of Normative legalresearch, which reveals legislation relating to legal theories that are the object ofresearch. The approach taken uses a qualitative analysis approach by looking fordata both in books, journals and other scientific works related to this research.The data sources used are primary and secondary legal materials.The conclusions that can be obtained from the research results are First,the political law prohibiting members of the Village Consultative Council aspolitical party administrators based on Law Number 6 of 2014 concerningVillages and the impact or implications where the political law prohibitioncreates village regulations that are oriented to the function of protecting andchanneling the aspirations of the village community, the supervisory functionsupervises the performance of the village headOf course, this article still createsmisinterpretation, therefore the Village Consultative Body cannot hold concurrentpositions as administrators of political parties, especially political parties fundedby the APBN and APBD. The prohibition of concurrent positions on the VillageConsultative Council in political parties in Law Number 2 of 2008 concerningPolitical Parties also contains no provisions that specifically regulate theprohibition of concurrent positions as political party administrators. Thelegislation also does not explain the concept of multiple positions clearly.Keywords: Village Consultative Body, Political Parties, Legal Politics,Prohibition, Ideal Ideas.

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