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INDONESIA
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 155 Documents
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Search results for , issue "Vol 10, No 2 (2023): Juli - Desember 2023" : 155 Documents clear
Reformulasi Pengaturan Sanksi Pidana Terhadap Pelaku Kejahatan Seksual Bagi Anak Penyandang Disabilitas Lubis, Muhammad Al Amien; Erdianto, Erdianto; Ferawati, Ferawati
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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Children with disabilities are children who have physical, mental, intellectual or sensorylimitations for a long period of time who, in interacting with their environment and societalattitudes, may encounter obstacles that make it difficult to participate fully and effectively basedon equal rights. Sexual violence against children is regulated in Law Number 35 of 2014concerning Amendments to Law Number 23 of 2002 concerning Child Protection. This rule iscontained in Article 76 D. Article 81 of Law Number 35 of 2014 concerning Child Protectionregulates sanctions for criminal acts of sexual violence (obscene) against children. Althoughthere are regulations governing the protection of children, there is no specific protection forchildren with disabilities. Therefore, if children with disabilities experience sexual violence,they are always at a disadvantage.The objectives to be achieved in this research are firstly to find out the weaknesses ofthe existing criminal sanction arrangements against perpetrators of sexual crimes for childrenwith disabilities in Indonesian positive law and their implementation. The second is to formulatethe ideal punishment to be imposed on perpetrators of sexual crimes for children withdisabilities.The author conducted research using normative juridical methods or literaturestudies in order to obtain secondary data which was divided into 3 (three), namely primary,secondary and tertiary legal materials. In this study, researchers used a statutory approach thatwould examine law, namely the principle of openness which has a relationship to the problemsstudied.From the research results, there are two main things that can be concluded. The firstis related to the weaknesses in the existing criminal sanctions arrangements againstperpetrators of sexual crimes for children with disabilities in Indonesian positive law and how itis currently implemented in Indonesia. The second is the ideal punishment to be imposed onperpetrators of sexual crimes for children with disabilities, because children with disabilitiesare always disadvantaged and there is no special protection for them.The author's suggestion is that the state must update or reformulate laws related tosanctions against sexual crimes against children with disabilities. So that the crime rate ofsexual crimes against children with disabilities in Indonesia can be reduced. Suggesting that theimposition of sanctions on perpetrators of sexual crimes against children with disabilities begiven severe sanctions, namely a minimum of 20 years in prison or in accordance with theweight that should be imposed, namely plus one-third of the maximum sentence and it is hopedthat with this, justice will be achieved, and suggesting that the state should improve educationmore morals and character to all generations of the nation.Keywords : Children-Persons-Disabilities-Sexual-Violence-Reformulation
PENYELESAIAN SENGKETA PERTANAHAN PT. ARARA ABADI YANG DI KLAIM OLEH MASYARAKAT PENDATANG DESA SUNGAI GONDANG KECAMATAN MINAS PROVINSI RIAU Andrea Sakavino; Maryati Bachtiar; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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The purpose of this study is, First, to find out the factors that cause land disputes atPT. Arara Abadi which was claimed by migrant communities from Sungai GondangVillage, Minas District, Riau Province. Second, to find out the obstacles in resolving landdisputes by PT. Arara Abadi which was claimed by migrant communities from SungaiGondang Village, Minas District, Riau Province.This research uses the type of sociological legal research. The sample in this researchis Public Relations of PT. Arara Abadi, Head of DLHK Riau Province, Head of district ofWest Minas, community leaders and the community itself. The analytical tool in this studyis a qualitative method. This study found that there were things that were less than optimalin reality on the ground, so it was necessary to anticipate them with maximum effort.The results of this study, the factors causing land disputes in PT. Arara Abadi, whichwas claimed by migrant communities in Sungai Gondang Village, Minas District, RiauProvince, consisted of several factors. First, because of a certificate issued by anunscrupulous village. Second, there is an acknowledgment that the area has long beenhanded down from generation to generation. Besides that, the constraints in resolving landdisputes by PT. Arara Abadi which is claimed by the people of Sungai Gondang Village,Minas District, Riau Province consists of several points. First, due to the unclear legalityof community land ownership. Second, the reported condition of the land does not matchwhat is claimed with the reality on the ground. Third, there are differences in demandsfrom society. To prevent similar incidents from happening, the important role of PublicRelations is to routinely conduct outreach to the local Village apparatus and thecommunity about the boundaries of the company's territory and the dangers of carryingout illegal activities in forest areas. In order for this problem to be resolved, it is better forthe company's public relations to be more intense in approaching the community andrelated parties so that it is important to preserve forests and respect the provisions thathave been given by the government to companies to manage these forests. Apart from that,other forms of corporate social responsibility can also be carried out with the aim ofcreating welfare for the community and minimizing the loopholes for reclaim by a groupof irresponsible people.Keywords: Land Disputes - Company - Communit
INKONSISTENSI PUTUSAN MAHKAMAH KONSTITUSI TERKAIT KEWENANGAN MENGADILI SENGKETA PEMILIHAN KEPALA DAERAH (Studi Kasus Putusan Mahkamah Konstitusi Nomor 97/PUU-XI/2013 dan Putusan Mahkamah Konstitusi Nomor 85/PUU-XX/2022) Nadhirah Putri; 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 aims to analyze the legal considerations of the Constitutional Court judgesin deciding a decision and see the inconsistency of the Constitutional Court in interpretingConstitutional Court Decision Number 97/PUU-XI/2013 and Constitutional Court DecisionNumber 85/PUU-XX/2022.This type of research can be classified into normative juridical research. By usingsecondary data which includes primary legal materials, secondary legal materials, and tertiarylegal materials and data collection techniques using literature studies. This research also usesqualitative data analysis and draws conclusions deductively.From the results of research on the problem, First, in the Constitutional Court DecisionNumber 97/PUU-XI/2013, the Constitutional Court judges considered that regional elections arenot included in the electoral regime as regulated in the 1945 Constitution of the Republic ofIndonesia, then in the Constitutional Court Decision Number 85/PUU-XX/2022, theConstitutional Court judges consider that there is no distinction between election and regionalelection regimes. Second, the cause of the Constitutional Court's inconsistency in interpretingdecisions regarding the authority to adjudicate regional election disputes is the lack of clarity inthe 1945 Constitution regarding the regulation of elections and regional elections, differences inthe logic of thinking of Constitutional Court judges in deciding and adjudicating regionalelection disputes, changes related to the composition of the members and chairman of the panelof Constitutional Court judges in Constitutional Court Decision Number 97/PUU-XI/2013 andConstitutional Court Decision Number 85/PUU-XX/2022, and changes to statutory regulationsrelated to resolving disputes over regional head results.Keywords : Regional Head Election – Regional Head Election Dispute Resolution
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
KEBIJAKAN TERHADAP PENGATURAN TINDAK PIDANA PERDAGANGAN ORGAN TUBUH MANUSIA DI INDONESIA Masdiana Simbolon; Mukhlis R; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Trading human organs is a criminal offense regulated in Law Number 36 of 2009concerning Health. However, in this law there is no article that formulates aspects of organtrafficking and there is no confirmation that organ trafficking itself can be punished. And thereis no difference in sanctions between people who sell their own organs and people who sellother people's organs. The aim of writing this thesis is, firstly, to find out the regulation ofcriminal sanctions for the criminal act of trafficking in human organs in Indonesia. Second, tofind out the policy for regulating the criminal act of trafficking in human organs in criminallaw in IndonesiaThis research is classified as normative legal research or can also be called doctrinallegal research. Thus, this research uses secondary data sources consisting of primary,secondary and tertiary legal materials. In this research, the data analysis carried out isqualitative analysis and draws conclusions deductively.From the results of the research and discussion it can be concluded that, first, in theregulation of the criminal act of trafficking in human organs contained inLaw Number 36 of 2009 Article 64 paragraph (3), it has not explicitly mentioned theaspects of trafficking in human organs and there are no differences in sanctions in Article 192of the law. Second, there needs to be policy efforts or reform of criminal law, namelyemphasizing aspects of human organ trafficking considering that there are many ways to carryout this criminal act. As well as differentiating sanctions between people who sell their ownorgans and people who sell other people's organs as stated in the regulations of other countriessuch as Singapore and South Korea.Keywords: Policy-Regulation-Trafficking of Human Organs
TINJAUAN YURIDIS PEMERASAN SEKSUAL (SEXTORTION) DALAM UNDANG-UNDANG NOMOR 12 TAHUN 2022 TENTANG TINDAK PIDANA KEKERASAN SEKSUAL Rischa Puspita Sari; Davit Rahmadan; Tengku Arif Hidayat
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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The development of information and technology has given rise to virtualsexual activity called sextortion. In Indonesia, various existing regulations havenot been able to become a legal basis to properly protect victims of sextortioncrimes. In fact, sextortion cases are one of the most widespread forms of onlinesexual violence in Indonesia. The purpose of writing this thesis is: First, to findanswers regarding the concept of sexual extortion (sextortion) in positive law inIndonesia. The second is to find a solution to the problem regarding the preciseboundaries regarding sexual extortion (sextortion) in Law Number 12 of 2022concerning Crimes of Sexual Violence.This research uses normative juridical methods. The author conductedresearch on doctrines or principles in legal science, especially on the principle oflegal certainty, which is descriptive in nature. In this research, the data sourceused is secondary data source. Data collection was carried out by means oflibrary research, with qualitative data analysis.The results of the research in writing this thesis can be concluded. Firstly,the concept of sexual blackmail (sextortion) in positive law in Indonesia isregulated in the Criminal Code, the Pornography Law, the ITE Law and theTPKS Law, however the existing regulations still have weaknesses in providingprotection to victims. Second, regarding sextortion crimes in Indonesia in LawNumber 12 of 2022 concerning Crimes of Sexual Violence, there are stillweaknesses in terms of the definition of sextortion, the threat of blackmail used insextortion crimes, information or electronic documents used in sextortion crimes,and how to obtain them. Thus, there is still a need to refine and explain theelements of the articles in the sextortion act in order to fill legal gaps and providelegal certainty in future sextortion cases.Keywords : Criminal Act – Sexual Violence – Sextortion
POLITIK HUKUM PENGATURAN PENUNJUKAN DATUK ADAT DALAM MASYARAKAT HUKUM ADAT PESUKUAN LUHAK RAMBAH DI KABUPATEN ROKAN HULU Yuli Hesman; Evi Deliana; Zainul Akmal
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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In the election of the traditional datuk in Luhak Rambah, there is an arrangement inthe form of appointment. However, in this case, conflicts and controversies often occurbetween the children and nephews of tribal groups. Therefore, this research aims to find outthe electoral system, traditional leadership structure in Luhak Rambah, and so on. This iswhat ideally happens in the Luhak Rambah community and this research can be used as areference in making a policy. So, from this research, it was found that, in the legal system forthe election of traditional datuks in the customary law community of the Luhak Rambah tribe,the election was carried out due to several factors.The first was that the replacement of the dila was due to the condition of thetraditional datuk (age and illness), so the election was carried out by means of deliberationand an appointment process. /appointed in accordance with the order of descent of thenephew's children. Second, the election is because the traditional datuk dies, so the electionis carried out by determining which nephew's son will hold the body of the grandfather forthe first time (cleaning the genitals), then that is the person who will be appointed to be thedatuk next custom. From this research, ideas/mechanisms and more relevant regulationsfrom the government are needed as guidelines and implementation rules to overcomeproblems that have occurred so that they do not happen again and can be carried outaccording to existing customs.Keywords : Electoral System, Customs, Tribal People, Luhak Rambah
PROBLEMATIKA PEMENUHAN HAK-HAK NARAPIDANA TERKAIT OVERKAPASITAS DI DALAM LEMBAGA PEMASYARAKATAN DI INDONESIA Nurul Syahvira; Davit Rahmadan; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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As one of the sub-systems of criminal justice, penitentiary institutions (Lapas) have a rolein implementing the guidance of prisoners and correctional students through a correctionalsystem based on education, rehabilitation and reintegration. However, in its development, thecoaching that was carried out was not optimal because of the complexity of the problems thatoccur in prisons. One of the root causes of problems in correctional institutions/detention centersis over capacity. Various policies have been taken to overcome the problem of over capacity,including through the rehabilitation of buildings to the construction of new buildings with the aimof increasing the capacity of prisons and detention centers. However, this policy was notsignificantly able to overcome the problem of overcapacity considering that the additionalnumber of prisoners and inmates was still far greater as a result of the high crime rate in society.This study was structured using qualitative analysis. Qualitative analysis producesdescriptive data, namely collecting all the necessary data obtained from primary and secondarylegal materials. This type of research is normative juridical, namely research that is focused onexamining the application of rules or norms in positive law.The results of the research conducted by the author are, first, the problem of fulfilling therights of convicts related to overcapacity in correctional institutions in Indonesia, namelyconvicts not getting proper resting places due to limited space, overcapacity in prisons alsocauses other crimes, such as riots in correctional institutions, less optimal coaching carried outby correctional officers; Health problems; and satisfaction of the conjugal visit. Second, theideal form of granting and fulfilling the rights of convicts in correctional institutions in Indonesia,such as granting remissions, assimilation, conditional leave, leave to visit family, leave beforerelease; Application of Rehabilitation; Application of restorative justice; Relocation of convictsand construction of new land; Optimizing coaching; and good time allowance developmentprogram. The author's suggestion is that for the government this condition depends ongovernment policies to regulate existing laws and regulations and strengthen coaching programsto accelerate the reintegration of convicts; Law enforcers should prioritize the restorative justiceapproach in cases of minor crimes that harm other people or carry out rehabilitation for narcoticsabuse cases (except for recidivists).Keywords: Fulfillment, Convict Rights, Penitentiary, Overcapacity
PERLINDUNGAN HUKUM TERHADAP ANAK KORBAN KEKERASAN SEKSUAL OLEH UNIT PELAKSANA TEKNIS DAERAH PERLINDUNGAN PEREMPUAN DAN ANAK KOTA DUMAI Sri Asma Harahap; Syaifullah Yophi; Tengku Arif Hidayat
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Children are buds, potentials, and the younger generationto continue the ideals of the nation, have strategic roles and have specialcharacteristics and characteristics that guarantee the continued existenceof the nation and state in the future. Children are a portrait of the nation'sfuture in the future, the next generation of the nation's ideals, so that everychild has the right to survive, grow and develop, participate and is entitledto legal protection.This type of research can be classified as sociological legalresearch, because this research was conducted by looking at the effect ofthe enactment of positive laws on people's lives. This sociological researchexamines the legal protection of child victims of sexual violence by theRegional Technical Implementation Unit for the Protection of Women andChildren. The data sources used are primary data, secondary data, datacollection techniques in this study are interviews, the data used is primaryprocessed data.From the results of the research conducted, it can beconcluded, First, legal protection in the form of Juridical or LegalServices, Medical Services and Psychological Services. Second, theobstacles faced are internal factors such as a lack of human resources(employees) and limited funding sources. external factors in the form ofchildren not realizing they are victims, fear of not obeying the perpetrator,low legal awareness on the part of victims of society, public distrust oflegal protection and lack of awareness of cases of child victims of sexualviolence. Third, efforts to overcome obstacles include improving internaldeficiencies, namely increasing human resources (employees), managingthe available budget, increasing the responsibility of the UPTD PPA. Andexternal shortcomings, namely socialization in the region, providingoutreach in schools, carrying out campaigns in the mass media.Keywords: Legal Protection - Child Victims of Sexual Violence
ANALISIS PERLINDUNGAN HUKUM BAGI KREDITUR ATAS PENETAPAN EKSEKUSI PERJANJIAN KREDIT DENGAN JAMINAN HAK TANGGUNGAN PADA PT.BANK RAKYAT INDONESIA Marissa Illahi Putri; Mardalena Hanifah; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Credit position in the business world should receive legal protection from astrong guarantee institution and can provide legal certainty for all interestedparties regulated in a special regulation on it. The process of providing credit withcollateral often occurs that the creditor is harmed when the debtor defaults. In fact,creditors holding Dependent Rights have the right to sell the guarantee on theirown power if the debtor defaults as stipulated in Article 6 of Law No. 4 of 1996.However, in practice there is often resistance on the part of the executed debtor,thus hindering the execution of the Right of Dependent.The purpose of the studyis first, legal protection for creditors for the determination of credit agreementexecution. Second, the guarantee of the rights of dependents and the interpretationof execution based on the provisions of the Law on Rights of DependentsThis type of research can be classified into normative types of research. Byfocusing on the scope of legal principles. This research uses data sources in theform of basic norms, basic regulations and laws and regulations from primary dataand archives of execution case files from secondary data, and data collectiontechniques are carried out by library reasearch.From the results of the study, it can be concluded that the creditor's legalprotection for the determination of the execution of credit agreements withcollateral is that the Certificate of Liability has an Executive Title as stipulated inArticle 14 paragraph (2) of Law No. 4 of 1996, so that creditors have full power toexecute the guarantee and get full debt repayment if the debtor defaults. Theinterpretation of the provisions of the article in Law Number 4 of 1996 is to givethe right to sell the object of the Dependent Rights on their own power (parateexecutie) through auction without asking for assistance from the Court, and eventhough the object of the Dependent Rights has moved into the property of otherparties, creditors can still exercise their rights to exercise their rights If the debtordefaults.Keywords: Creditor - Debitor - Legal protection

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