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INDONESIA
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
URGENSI PELAKSANAAN SUMPAH JABATAN PEGAWAI NEGERI SIPIL DALAM PASAL 1 PERATURAN PEMERINTAH REPUBLIK INDONESIA NOMOR 21 TAHUN 1975 DALAM PERSPEKTIF NEGARA HUKUM DI INDONESIA M. N. Julnafid; Rika Lestari; Rahmad Hendra
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 Kuantan Singingi Regency, specifically Inuman District, there are still many cultures andtraditions, one of which is "bagito". Bagito means accepting or adopting a child who is not one's owndescendant through a traditional procession with the intention of treating and caring for the child likeone's own child, then the child is called anak Bagito, the term for adopted children in Inuman District.This research is related to the implementation of Malay Kuantan customary inheritance for Bagito'schildren in Inuman District, Kuantan Singingi Regency. The purpose of this study is to find out howinheritance is divided according to customary law in Inuman District, Kuantan Singingi Regency andwhat are the criteria for a Bagito (adopted child) not to receive inheritance rights according to theninik mamak.This type of research is a sociological law research, because it is based on field research,namely by collecting data from interviews and literature studies that have to do with problems usingqualitative data analysis, producing descriptive data, and concluded with a deductive thinkingmethod.From the results of the study it was concluded that, first, the distribution of inheritanceaccording to custom has actually been carried out properly, in accordance with the rules of customarylaw. Inheritance in customary law in Inuman District can also be given to Bagito's children who havegone through a traditional ceremonial procession, Bagito's children have the position of legal heirs oftheir adoptive parents and have special rights, that is, they can still become heirs of their biologicalparents. Second, the criteria for a Bagito child not to receive inheritance rights according to the ninikmamak of Inuman District, Kuantan Singingi Regency, in terms of inheritance, Bagito's child gets thesame share as his biological child. However, according to the ninik mamak, there are 4 (four)provisions for Bagito's children not receiving inheritance rights, namely not respecting and lovingtheir adoptive parents during their lifetime, not having a good relationship with relatives of theiradoptive parents, changing beliefs or religions, and not obeying customary law. If one of them is doneaccording to the ninik mamak, Bagito's children do not have the right to inherit from their adoptiveparents. Of the 3 (three) cases of Bagito's child inheritance disputes, there is 1 (one) case of Bagito'sson not receiving inheritance rights according to ninik mamak criteria. The criteria of the ninikmamak apply in the distribution of inheritance to Bagito's children.Keywords : Customary Inheritance – Bagito’s Son – Customary Law
PROSES PENYELESAIAN SANKSI POLISI PENJAGA TAHANAN TERHADAP TAHANAN YANG MELARIKAN DIRI DI KEPOLISIAN RESOR KOTA PEKANBARU Donni Saputra; Mukhlis R; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Abstract

The Police Institution is a state institution that aims to create order, peaceand security in the community both in terms of prevention, eradication, andprosecution of criminal acts. One of the police authorities is detention. Detaineesare guarded by custody officers, if the detainee escapes causing a legal problem,in the implementation of the possibility of abuse of authority by custody officers,either due to lack of skills and understanding of the apparatus or due tonegligence which resulted in the detainee escaping.This type of research can be classified into empirical sociologicalresearch. With the research location located in Pekanbaru City, especially in thejurisdiction of the Pekanbaru City Resort Police, while the population and sampleare all parties related to the problem under study. This research uses data sourcesin the form of primary data and secondary data, and data collection techniquesare carried out by interview.From the research results of the problem there are 3 main things that canbe concluded. First, the process of resolving sanctions of detention guard officersagainst escaped prisoners is subject to disciplinary sanctions and disciplinarysanctions due to negligence in not carrying out their duties properly resulting inprisoners escaping. Second, the obstacles in the process of resolving the sanctionsof detention guards against escaped prisoners according to the Pekanbaru CityResort Police have no obstacles, because in the implementation process it iscarried out in accordance with statutory procedures, while according toAdvocates OBH PAHAM Riau must have obstacles in the process, because in theprocess of resolving sanctions the lack of assertiveness of the leadership towardstheir subordinates, should make the detention guard officer involved in findingdetainees, then sanctions will be given to the detention guard officer. Third, theefforts made in overcoming the obstacles are by means of leaders alwaysreminding their subordinates of their duties and responsibilities as prisoner guardofficers in order to anticipate events like this not happening again in thePekanbaru City Resort Police.Keywords : Process - Guard Officer – Prisoner.
PERBANDINGAN PEMOHON DALAM PERKARA PEMBUBARAN PARTAI POLITIK ANTARA INDONESIA DENGAN SLOVENIA Fhirman Sinaga; Emilda Firdaus; Junaidi Junaidi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Abstract

The hallmark of the rule of law is a democratic system of government. In aconstitutional democratic system, the existence of political parties is a necessitybecause it will be a place to convey people's aspirations. The purpose of this studyis to find out how the legal arrangements for the dissolution of political parties inIndonesia and Slovenia. The research used is normative legal research which isusually only a document study.The data used are secondary data consisting of primary legal materials,secondary legal materials, and tertiary legal materials. The method used in thisresearch is the literature method, namely by conducting research from variousreading sources related to research. This data collection technique is carried outby reading, studying, reviewing and analyzing legal materials (primary andsecondary legal materials) by adjusting the problems studied by the author. Dataanalysis is by conducting an analysis with qualitative measures that rely onsubstance with data collection that concludes.The result of the study is the arrangement of the dissolution of politicalparties in Indonesia that the government has the right as an applicant in the caseof dissolution of a political party, while Slovenia that Everyone can apply.Keywords : Dissolution, Applicant, Government, Political Party.
TINJAUAN HUKUM TENTANG IMPLEMENTASI TUGAS DAN FUNGSI BADAN PENGEMBANGAN SUMBER DAYA MANUSIA PROVINSI RIAU DALAM RANGKA PENGEMBANGAN KOMPETENSI PEGAWAI NEGERI SIPIL Hadra Nafila Fajriani; Evi Deliana; Muhammad A. Rauf
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

The smooth implementation of government tasks and national developmentis highly dependent on the working mechanism of the state apparatus, especiallycivil servants. Civil Servants, hereinafter abbreviated as PNS, are not onlyelements of the state apparatus, but also public servants who live in the midst ofsociety and work for the benefit of society. The position and role of civil servantsin every government organization is very decisive, because civil servants are thebackbone of the government in carrying out national development.This study is based on the fact that it is important to develop humanresources by increasing skills to create administrative officers who are competentin the field of human resource management. The purpose of this study was toexamine and analyze human resource development through capacity building atthe Human Resource Development Board of Riau Province.This research is sociological legal research, namely research that looks atthe relationship between law and society with the gap between the law that shouldand the law that actually occurs. This research was conducted at the HumanResources Development Board of Riau Province. This research also containsinterviews distributed to civil servants who participated in competencydevelopment and those who did not participate in competency development. Thedata collection technique was carried out by interviews and literature review.From the results of research that has been done, the implementation hasbeen going quite well. This is because the relevant agencies are moving throughupdates for employees in competency development. The inhibiting factors areadministrative sanctions that have not gone well and the limited budget of fundsowned.Keywords: Competency Development, Civil Servants.
ANALISIS YURIDIS PERBUATAN PENYUAPAN DALAM TINDAK PIDANA KORUPSI (Studi Putusan Nomor 10/ Pid Sus-Tpk /2021/PT DKI) Erawati C. Lbn Tobing; Davit Rahmadan; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Abstract

Corruption has become a common habit in Indonesian society, especially amongofficials and state administrators in the Republic of Idonesia. As in this case the state civilapparatus being caught in a criminal case of bribery in corruption in 2021. With their statusas a state civil apparatus, including the law enforcement profession, it should receive moresevere criminal sanctions. In reality, the crime in decision case Number 10 Pid Tpk 2021/PTDKI was actually without any weight. Apart from that, the judge’s considerations regardinggender status where the perpetrator was a woman led to considerations that made thingseasier for the perpetrator.This research aims first, to analyze the judge’s considerations regarding criminalacts of corruption in decision Number 10/Pid Sus-Tpk/2021/PT DKI based on a progressivelegal perspective. Second, to find out whether the application of criminal sanctions fordefendants of corruption in decision Number 10/Pid Sus-Tpk/2021/PT DKI is in accordancewith article 5 of the judicial power law.In this paper using normative legal research methods, namely library law research.In connection with the type of research used, namely normative research, the approach usedis a case approach and a statutory approach. Analysis was carried out on library materialsor secondary data consisting of primary legal materials and tertiary legal materials, theresult of the analysis are then described in qualitative descptive manner.The results of the study indicate that in both the juridical and non-juridicalconsiderations above, the writer considers that the basis of the judge's legal consideration isnot under the principle of equality before the law, and did not consider the status of theaccused as a law enforcement officials but instead committed a criminal act of corruption.In the concept of progressive law, judges can be more flexible in giving decisions, namely bymaking discoveries or breakthroughs related to what is currently irrelevant. However, in theimplementation of the criminal sanction against Attorney Pinangki in Decision Number10/Pis.SusTPK/2021/PT DKI if viewed based on a progressive law perspective it has notbeen fulfilled.Keywords :Criminal Acts Of Corupption, Penalty, Judge’s Consideration.
TINJAUAN YURIDIS PENURUNAN SANKSI PIDANA PENJARA TINDAK PIDANA KORUPSI DALAM UNDANG-UNDANG NOMOR 1 TAHUN 2023 TENTANG KITAB UNDANG-UNDANG HUKUM PIDANA Fadia Inayah Putri; Mukhlis R; Tengku A. Hidayat
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Abstract

Corruption has been considered a phenomenon that is difficult to overcome inthe history of the Indonesian nation, so there should be no compromise whatsoeverwith corruption. Indonesia should apply the Zero Tolerance principle forcorruptors. In the new Criminal Code which was passed into law on January 12023, there are significant changes regarding the specific minimum threat ofimprisonment for criminal acts of corruption. This threat is regulated in Article603, which is an improvement on Article 2 paragraph (1) of the CorruptionEradication Law which was previously in force. The minimum threat stipulated inArticle 603 turns out to be lower than that stated in the previous regulations,especially in Article 2 paragraph (1), which is the mainstay article in prosecutingcorruption cases.This research is classified as a normative juridical research type. The dataused is primary data and secondary data consisting of primary legal materials,secondary legal materials and tertiary legal materials. The data collectiontechnique uses the literature review method, namely presenting and analyzing datafrom several sources such as laws, draft laws, books and opinions of criminal lawexperts. This research was then analyzed descriptively qualitatively. The conclusiondrawing technique used is a deductive mindset.The results of this research are that the threat of minimum criminalsanctions for perpetrators of corruption is lighter, motivated by a change in theparadigm for eradicating corruption. Corruption perpetrators should not besubject to high prison sentences, but rather with additional penalties in the form ofconfiscation of all assets of those involved in corruption crimes resulting fromcorruption crimes. This is in accordance with legal principlesIt is not expedient forthe asas to be evil, namely that the perpetrator of the crime must not enjoy theproceeds of his crime.Keywords : Corruption, State Losses, Recovery Assets
STUDI PERBANDINGAN PENGATURAN PEMBERHENTIAN PRESIDEN DAN ATAU WAKIL PRESIDEN ANTARA INDONESIA DENGAN INDIA ATAS PERBUATAN TERCELA Robert Reiman Simanullang; Mexsasai Indra; Muhammad A. Rauf
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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In the constitutional system, there is an institution called impeachment. Manyparties understand that impeachment is the downfall, cessation, or dismissal ofthe President or high-ranking officials from office. In fact, the meaning ofimpeachment itself is an accusation or indictment so that impeachment focusesmore on the process and does not necessarily end with the cessation or removalof the President and other high-ranking state officials from office. Each countrythat has adopted the provisions on impeachment regulates these mattersdifferently, in accordance with the arrangements in the constitution. In Indonesia,there are grounds for impeachment of the President, one of which is misconduct,where there is still no clarity regarding the regulation of misconduct both in the1945 Constitution and other laws. Misconduct as a reason for impeachment ofthe President in Indonesia is still multi-interpreted, making it a rubber articlethat can be "played" by the House of Representatives. Therefore, it is necessaryto have a comparative country to find a clear arrangement regarding the reasonsfor misconduct as a reason for impeachment of the President, in this case, Indiais the comparative country.This research is normative legal research. It is based on library researchthat takes quotations from reading books or supporting books related to theproblem under study. This research uses secondary data sources consisting ofprimary, secondary, and tertiary legal materials. This research also usesqualitative data analysis and produces descriptive data.From the results of the research and discussion conducted, it is necessary tohave certainty regarding the regulation of criteria or standardization ofmisconduct to be used as a reason for impeachment of the President in Indonesia,so that the reason for misconduct cannot be used as a rubber article that can be"played" by the House of Representatives. There is also a need for a moreefficient dismissal mechanism so that it does not take too long.Keywords: President; Impeachment; reprehensible deeds
PENERAPAN FORCE MAJURE DALAM PERJANJIAN ANGKUTAN LAUT ANTARA PT. PELAYARAN KURNIA SAMUDRA DAN PT. ANCARA LOGISTICS INDONESIA Rahayu Silvia Annisa; Maryati Bachtiar; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Abstract

In sea transportation agreements, there are no escape from disputes such as whatoccurred in the agreement between PT. Pelayaran Kurnia Samudra and PT.Ancara Logistics Indonesia. In the implementation of the agreement, a forcemajeure event occurred which resulted in the fulfilment of achievements beinghampered by PT. Pelayaran Kurnia Samudra. Therefore, the purpose of writingthe thesis is first, to find out the application of force majeure in the study seatransportation agreement between PT. Pelayaran Kurnia Samudra and PT.Ancara Logistics Indonesia. Second, to find out the legal rules in determiningforce majeure in the sea transportation agreement between PT. Pelayaran KurniaSamudra and PT. Ancara Logistics Indonesia.This type of research classified as a type of sociological juridical research. Thelocation located in the office of PT. Pelayaran Kurnia Samudra in Batam City,while the population and sample are all parties related to the problem understudy. This study uses data sources in the form of primary data and secondarydata, and data collection techniques are carried out by interviews.There are two main things that can be concluded. First, the non- fulfillment offorce majeure elements by PT. Pelayaran Kurnia Samudra caused them to have topay for the late delivery of goods due to a lack of sufficient evidence to convincePT. Ancara Logistics Indonesia that there has been a force majeure. Second, todetermine force majeure events, Article 41Paragraph 2 of Law Number 17 of2008 Concerning Shipping can be used a reference that can be used by theparties. The author's suggestion is: Firstly, the parties should pay attention to theimportance of including a force majeure clause clearly in the agreement tominimize losses borne by the parties if a force majeure event occurs. Second, it isrecommended that the government include special provisions governing forcemajeure so that it can be used as reference to protect the interests of the parties sothat there is a balance in the severity of responsibilities and rights.Keywords: Force Majeure – Agreement – Ocean Freight
TANGGUNG JAWAB PELAKU USAHA TERHADAP PRODUK MAKANAN TANPA MENCANTUMKAN LABEL TANGGAL KADALUARSA (DI HOME INDUSTRY KECAMATAN BATANG TUAKA KABUPATEN INDRAGIRI HILIR) M. Romy Suryanto; Maryati Bachtiar; Meriza Elpha Darnia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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The increasingly rapid development of technology is currently influencingproduction activities so that they are able to meet the increasing and diverseneeds of consumers. On the one hand, increasing the use of more advancedtechnology can benefit consumers because their needs will be easily met with avariety of choices. On the other hand, increasingly sophisticated technology doesnot always produce products that comply with safety standards that can beconsumed by consumers and often harms consumers. Like home industry businessactors engaged in buying and selling food products. Home industry businessactors sell food products that do not include expiration date labels in order tomake a profit by not providing clear information to consumers.This type of research can be classified as empirical legal research or whatis usually called sociological research. With the research location being at theFood and Drug Monitoring Center (Loka POM) and Home Industry, BatangTuaka District, Indragiri Hilir Regency, the population and sample are all partiesrelated to the problem under study. This research uses data sources in the form ofprimary data and secondary data, and data collection techniques are carried outby interviews.From the research results it can be concluded that. Firstly, as regulated inArticle 19 of the UUP.. Second, there are legal remedies that consumers can take,namely through litigation and non-litigation. The advice from the author is:Firstly, business actors in running their business should show good faith andprovide clear information regarding the goods and/or services being distributedand try to pay attention to consumer rights and obligations as business actors andthe need for additional human resources as needed to be able to improveperformance of the Food and Drug Monitoring Station. Second, consumers shouldbe more careful in purchasing and consuming food products to avoid danger.Keywords: Home Industry-Expiration Date-Responsibility.
ANALISA KEBIJAKAN PENGATURAN JARAK IDEAL KELAHIRAN ANAK DALAM UNDANG-UNDANG NOMOR 52 TAHUN 2009 TENTANG PERKEMBANGAN KEPENDUDUKAN DAN PEMBANGUNAN KELUARGA Khairunnisa Hasibuan; Gusliana HB; Muhammad A. Rauf
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Law Number 52 of 2009 concerning population development and familydevelopment, population is matters relating to the number, structure, growth,distribution, mobility, distribution, quality, and welfare conditions relating topolitics, economics, socio-culture, religion and the environment resident. Inwriting, the author focuses on the ideal spacing of child births in Law Number 52of 2009 concerning Population Development and Family Development. Thepurpose of writing this thesis is first to find out how to regulate the ideal spacingof child births in Law Number 52 of 2009 concerning Population Developmentand Family Development. Second, to find out how the ideal concept of spacingchildren's births in Indonesia is in Law Number 52 of 2009 concerningPopulation Development and Family Development.The author conducted research using normative juridical methods orliterature studies in order to obtain secondary data through documentary studies,namely by studying and analyzing descriptively comparative laws and regulationswith theories that have a relationship to the problems studied.From the results of the study there are two main things that can beconcluded, firstly, the regulation regarding the ideal spacing of child births in lawnumber 52 of 2009 concerning population development and family development isregulated in article 4 and article 21, the second is the ideal concept in regulationspacing of child births in Indonesia in law number 52 of 2009 concerningpopulation development and family development is 18-23 months between twopregnancies is the best and most ideal because the mother has time to recover andreplenish the body's resources.The author's suggestion, in this study, is to suggest that the implementationof the central government and local governments issue further regulations interms of setting the ideal spacing for child births so that there is legal certainty,setting the ideal spacing for child births will have an impact on mothers andbabies so that the health of mothers and babies is maintained and also applies tothe economic, social and cultural sectors of society.Keywords: Policy, Ideal Distance of Child Birth, Law Number 52 of 200.

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