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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
REFORMULASI PENGATURAN TINDAK PIDANA PENCUCIAN UANG DENGAN MODUS CRYPTOCURRENCY DI INDONESIA Muhammad Harifki; Davit Rahmadan; 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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Money laundering now covers many aspects and is developed in such a way and in linewith technological developments. Perpetrators of money laundering crimes use technologicaladvances as weapons and banking financial service providers as a place to store the proceedsof money laundering. One of them is the Cryptocurrency Mode which is currently widelycirculating in society. The development of Cryptocurrency has given rise to new methods inCryptocurrency as a new phenomenon in terms of payment transactions.This research is normative legal research. This is based on library research which takesquotations from reading books, or supporting books that are related to the problem to beresearched. This research uses secondary data sources consisting of primary, secondary andtertiary book materials. This research also uses qualitative data analysis and producesdescriptive data.From the results of the research and discussions carried out, several conclusions wereobtained, namely: First, the importance of additional regulations related to the criminal act ofmoney laundering using Cryptocurrency mode in Indonesia is considered important because itis currently widely used by Indonesian society. Second, the ideal regulation regarding thecriminal act of money laundering using the Cryptocurrency mode is to include elements of thelaw on money laundering. The author's suggestion is that there is a need to strengthen theauthority of law enforcement officials in eradicating criminal acts of money laundering usingCryptocurrency mode as well as giving more concrete attention to the formation of special lawsthat regulate Cryptocurrency as part of criminalization in Indonesia.Keywords: Reformulation, Money Laundering, and Cryptocurrency
PELAKSANAAN EKSEKUSI PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL NOMOR 10/Pdt.Sus-PHI/2021/PNPbr Haga Ray Prananta Tarigan; Rika Lestari; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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An inkracht decision is the process of final resolution of a dispute that has been decidedby the court. In the implementation of decision No: 10/Pdt.Sus-PHI/2021/PNPbr which wasimplemented voluntarily on May 12 2021, the payment made by the company was not inaccordance with the results of the decision which should have been IDR 48,622,000-, (FortyEight Million Six Hundred Twenty Two Thousand Rupiah), but it is lower, namely IDR.40,000,000, - (forty million rupiah). Therefore, the aim of writing this thesis is: first, to find outabout the implementation of decision No: 10/Pdt.Sus-PHI/2021/PNPbr. Second, to find outwhat are the obstacles to the execution process in the implementation of decision No:10/Pdt.Sus-PHI/2021/PNPbr.The research method in this thesis uses a type of sociological legal research, namelyresearch on the effectiveness of law in society. The nature of this thesis research isresearchdescriptivewhich systematically describes the facts and characteristics of the objectbeing studied accurately. The data collection technique in this research is the interview methodand literature review, then after the data is collected it is then analyzed to draw conclusions.From the research results it was found that the implementation of decision no.10/Pdt.Sus-PHI/2021/PNPbr carried out voluntarily by PT. Cipta Daya Sejati Luhur to EbietSiallagan by paying not in accordance with the district court's decision, the shortfall must stillbe paid for the sake of legal certainty of the decision to the plaintiff, the Pekanbaru districtcourt must recall the parties to carry out the voluntary execution of the court decision in thePekanbaru district court environment witnessed by the court in accordance with the laws andregulations in force in Indonesia, then Obstacles in implementing decision number No.10/Pdt.Sus-PHI/2021/PNPbr The first is that there are no statutory regulations governing thetime limit for implementing decisions voluntarily, disbursing money fromat PT. Create SublimeTrue Power It takes quite a long time for the losing party to carry out the decision not inaccordance with the verdict.Keywords: Implementation-execution-court-decision.
PENEGAKAN SANKSI ADMINISTRASI TERHADAP PELANGGARAN DISIPLIN PEGAWAI NEGERI SIPIL DI BADAN PENDAPATAN DAERAH PROVINSI RIAU BERDASARKAN PERATURAN PEMERINTAH NOMOR 94 TAHUN 2021 TENTANG DISIPLIN PEGAWAI NEGERI SIPIL Rifa Ariqa; Mexsasai Indra; Muhammad A. Rauf
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Civil Servants have a very important role in achieving national goals. To achievethese national goals, Civil Servants must have honest and responsible personalities in carryingout their duties. However, there are still employees who violate disciplinary rules so that it caninterfere with performance in their work which is in charge of serving the community. Manyemployees underestimate the regulations regarding the discipline of Civil Servants. In thisstudy, the authors conducted research at Badan Pendapatan Provinsi Riau to see how it wasimplemented, the obstacles encountered, and the efforts that could be made in upholdingdiscipline at the Regional Revenue Agency of Riau Province.This study uses the sociological legal research method, because it directly conductsresearch on the locations or points examined to provide a complete and clear picture of theproblems examined. This research is located in Badan Pendapatan Provinsi Riau with apopulation and sample, namely parties related to the problems studied in this study. Sources ofdata, namely primary data and secondary data, data collection techniques in this study wereobservation, interviews, and literature review. Qualitative data analysis, namely data stated inwriting or verbally and real behavior with deductive conclusions, namely general to specificwithdrawals.Based on the research results, the Regional Revenue Agency for Riau Province usesGovernment Regulation Number 94 of 2021 for discipline enforcement, but in practice it is stillnot appropriate due to obstacles encountered in its implementation such as lack of supervisionfrom authorized officials, weak law enforcement, limited resources people and the fading senseof self-discipline in the Civil Servants themselves. There have been various efforts made indealing with these obstacles such as by carrying out internal coaching regarding discipline,providing advice and directions to employees who violate it, imposing sanctions according tothe violations committed, and there must also be self-awareness from Civil Servants regardingdiscipline.Keywords: Civil Servants, Discipline Violations, Disciplinary Sanctions Enforcement
PERTIMBANGAN HAKIM PENGADILAN TINGGI DALAM MEMERIKSA JUDEX FACTIE TERHADAP PENYALAHGUNA TINDAK PIDANA NARKOTIKA (STUDI KASUS PUTUSAN NOMOR 503/PID.SUS/PT PBR) Hervi Alfathira Natasya; Davit Rahmadan; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Indonesia has long taken legal steps to tackle the dangers of narcotics, boththrough making regulations in the form of legislation by issuing Law Number 22of 1997 which is now Law Number 35 of 2009. In the case of decision Number503/ Pid.Sus/2022/PT Pbr case of narcotics use which in the verdict was chargedunder Article 112 Paragraph (1) of Republic of Indonesia Law Number 35 of2009 which ignored the facts of the trial (judex factie). The first aim of thisresearch is to analyze the High Court judges' considerations in examining thejudex factie case in decision number 503/Pid.Sus/2022/PT Pbr and find out thelegal consequences. The second is to find out about high court judges in handingdown judex factie decisions at the High/Appeal Court level.The type of research used in this research is normative juridical legalresearch or can also be called doctrinal legal research. Normative juridical legalresearch is library legal research. The research uses qualitative analysis whichproduces descriptive data.The results of this research examine the analysis that the verdict in casenumber 503/Pid.Sus/2022/PT Pbr, the defendant was sentenced to prison for 2(two) years 6 (six) months, this is below the minimum provisions that have beenregulated and give rise to The legal consequences should be Article 127Paragraph 1 letter a of the Narcotics Law which is applied in decision number503/Pid.sus/2022/PT Pbr and the defendant can be sentenced to criminalprovisions in accordance with the Law, namely a rehabilitation sentence. Article183 of the Criminal Procedure Code states that "a judge may not impose a crimeon a person unless, with at least two valid pieces of evidence, he is convinced thata criminal act has actually occurred and that the defendant is guilty." The judgecan make a decision according to the evidence and facts revealed at the trial.Keyword: Judex factie, Narcotic Crime, Judge.
REFORMULASI SANKSI PELAKU PENGANIAYAAN TERHADAP HEWAN DALAM KITAB UNDANG-UNDANG HUKUM PIDANA NASIONAL DIKAITKAN DENGAN TUJUAN PIDANA Leonardo Sormin; Erdianto Erdianto; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Humans and animals were created to coexist and complement each other.But in Indonesia there are often acts of animal abuse. In Indonesia, legalarrangements related to animal abuse have been regulated in articles 336-338 ofthe National Criminal Code (KUHP). However, existing sanctions in Indonesiaare still not ideal in their application, so there are still many perpetrators ofanimal abuse. The purpose of this study is to identify ideal sanctions that shouldbe applied in Indonesia in the context of criminal purposes.This research is a normative legal research, it is based on literatureresearch that takes quotations from reading books or supporting books related tothe problem under study. This study used secondary data sources consisting ofprimary, secondary, and tertiary legal materials. This study also used qualitativedata analysis and produced descriptive data.From the results of the discussion and research conducted, it is necessaryto review the sanctions for animal abuse in the Criminal Code in Indonesia. Thisis because the current sanctions are not aligned with the purpose of punishmentwhich should provide a deterrent effect and coaching opportunities to theperpetrators of these crimes. In addition to the imposition of sanctions, additionalsanctions are also needed, such as a ban on animal ownership, animal-relatedsocial work, education and counseling, and monitoring and supervision.Keywords : Criminal Act, Persecution Animal, Purpose of Punishment
TINJAUAN YURIDIS PEMBERATAN SANKSI TERHADAP APARAT PENEGAK HUKUM YANG MELAKUKAN TINDAK PIDANA KORUPSI Andhika, Muhammad Zakhri; Erdianto, Erdianto; Ferawati, Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Corruptions in Indonesia have been very widespread, and have even beenconsidered normal. Various efforts have been made by the state to eradicate thiscorruption, although it is still far from perfect. Law enforcement officials are noexception, which are institutions or institutions whose job is to implement the law,maintain security and order, and protect the rights and interests of the community,instead committing acts of corruption. This can cause problems from various aspects,and also to our country, which is a rule of law country. Not a few people view that thedecision on criminal sanctions for corruption is considered too light as well as casesof criminal acts of corruption by law enforcement officials.The type of research is normative research using literature studies in datasearch. This research is descriptive by using the method of synchronizing existingrules. In this study using qualitative methods in analyzing the data that has beencollected. The data used is secondary data in the form of codified rules.The results of this study explain how judges consider in deciding cases ofcorruption committed by law enforcement officials, which are considered unfair ingiving decisions, and the importance of increasing criminal sanctions against this.Because a law enforcement official is someone who really understands the law bothin theory and in practice. In this case, the additional of sanctions against lawenforcement officials can be an appropriate preventive solution so that no more lawenforcement officers commit acts of corruption.Keyword : Corruption, Law Officer, Penal Addition
ANALISIS PENYELESAIAN SENGKETA PEMILIHAN KEPALA DAERAH DALAM PUTUSAN MAHKAMAH KONTITUSI NOMOR 85/PUU-XX/2022 TERHADAP PEMBENTUKAN BADAN PERADILAN KHUSUS PEMILU DI INDONESIA Nikmat Ilham; Mexsasai Indra; Muhammad A. Rauf
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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The regulations regarding the authority to settle regional election resultsgiven to the Constitutional Court have experienced several polemics. The problemthat arises is that the authority of the Constitutional Court (MK) to resolvedisputes over regional head election results is now permanent. This wasconfirmed in Decision Number 85/PUU-XX/2022 in which the Court stated thephrase "until the formation of a special judicial body" if a Special Judicial Bodycan be formed, of course by studying the paradigm and system of direct regionalelection dispute resolution that has been handled by the Constitutional Court. ,then perhaps this would be the best solution to "reduce" the burden on theConstitutional Court, whose ideals are focused on handling constitutionalproblems which are the authority and obligation of the Constitutional Court(Article 23 C paragraphs (1) and (2).This type of research can be classified into the type of normative legalresearch. This study used secondary data consisting of primary legal materials,secondary legal materials, tertiary legal materials and data collection techniqueswere carried out using the library study method.From the results of research on the problem, there are two main thingsthat can be concluded. First, resolving disputes over election results (election ofgovernors, regents and mayors) has experienced significant changes in practice.This expansion stems from the Constitutional Court's authority given by law inhanding down decisions, so that there is also an expansion of the applicant's legalposition, the object of the petition, case examination, evidence, as well asdecisions handed down by the Constitutional Court, the legal enforcement ofwhich has not yet been completed or has been completed but is ignored by theorganizers. Second, the ideal format for resolving the General Election ofRegional Heads Based on the Constitutional Court Decision Number 85/PUU-XX/2022 is ideally carried out by the Special Judiciary Agency.Keywords: Constitutional Court, General Election, Special Judicial Body
PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA PERJUDIAN ONLINE HIGGS DOMINO ISLAND OLEH KEPOLISIAN SEKTOR BUKIT KAPUR KOTA DUMAI Warni Susila; Davit Rahmadan; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Gambling is regulated in Article 303 paragraph (1) the Criminal Codewith threats for preparatos namely imprisonment for a maximum of 10 (ten) yearsand a maximum fine of Rp. 25,000.000,00 (twenty-five million rupiah). However,in reality enforcement regarding gambling is still not optimal, this can be seenfrom the large number of people who freely acces or play online gambling,especially higgs domino island which occured in Bukit Kapur, Dumai City. Thisaims to: first, to determine law enforcement against erpetrators of criminal acts ofonline gambling on higgs domino island by the Bukit Kapur sector police. Second,tooutline the obstacles in law enforcement against criminal acts of higgs dominoisland gambling in the jurisdiction of the Bukit Kapur Sector Police. Third, tooutline the efforts made by the police to overcome obstacles in enforcing criminalacts of higgs domino island online gambling.This type of research can be classified as sociological legal research,because in this research it is carried out by looking at the effect of the enactmentof posisitive law on people’s lives. This research was conducted at the BukitKapur Police, Dumai City. In this studet, the data sources used were primary dataand secondary data. Data collection techniques in this study were interviewes andliterature review.From the results of the research conductes, it can be concluded that lawenforcement carried out by the Bukit Kapur Sector Police in the City of Dumaihas not been fully effective, this is influenced by several factors, namely the legalfactors themselves, law enforcers, facilities and infrstrusture, comunity dancultural factors. Obstacles in enforcing the higgs domino island online gamblinglaw faced by the Bukit Kapur Police include factors, law enforcers, faciltaties andinfrastructure and the community. The efforts made by the police are conductingoutreach, cooperating with the community, taking strict action against onlinegambling actors.Keywords: Law Enforcment – Crime – Online Gambling
PENDIDIKAN POLITIK BAGI PEMILIH PEMULA OLEH PARTAI POLITIK DI KABUPATEN KEPULAUAN MERANTI BERDASARKAN UNDANG-UNDANG NOMOR 2 TAHUN 2008 TENTANG PARTAI POLITIK Sri Kemuning; Maria Maya Lestari; Zainul Akmal
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Political parties have a role in providing political education as stated in law number 2of 2008 concerning political parties. Political education is very important for society,especially for beginner voters, considering that beginner voters are emotionally unstable andhave minimal political knowledge.This type of research is empirical (sociological), which uses empirical facts taken fromKPU and high school data as well as interviews with political parties and first-time voters.The problem that the author raises is how to provide political education for beginnervoters in Meranti Islands Regency based on law number 2 of 2008, what are the supportingand inhibiting factors in providing political education for beginner voters in Meranti IslandsRegency, and what efforts to increase community participation especially new voters inMeranti Islands Regency in politics.The results of the research show that in Meranti Islands Regency political parties aresaid to not be running optimally and there are still shortcomings. It can be said that most ofthe political parties in the Meranti Islands Regency only focus on providing political educationto cadres or internal party members without involving the community, especially first-timevoters. The inhibiting factor for Political Parties in Kepuluan Meranti Regency in providingpolitical education is the public's distrust of Political Parties, that when participating inpolitical party events people think they will be said to be members of a Political Party. Lack ofenthusiasm from the public. And several political parties said that there were no obstacles, butpolitical education was not being implemented in the community. This means that there is alack of understanding of Political Party administrators in their function and role in providingpolitical education to the community. Author's suggestion: It is hoped that there will be anoversight institution for Political Parties in carrying out their roles and responsibilities toprovide political education, and it is hoped that Political Parties can implement the rules,duties, functions and authority of Political Parties in providing political education inaccordance with the updated Law Number 2 of 2008 again becomes Law Number 2 of 2011concerning Political Parties. And it is hoped that there will be real action from political partiesand the government, so that people are not anti-politics and it does not become a trust issuefor political parties.Keywords: novice voters, political parties, political education.
GAGASAN PENGATURAN LARANGAN PENJUALAN ROKOK ELEKTRIK/VAPE BAGI ANAK DI BAWAH UMUR 18 TAHUN DIKATKAN DENGAN UNDANG-UNDANG NOMOR 17 TAHUN 2023 TENTANG KESEHATAN Hutabarat, Memory Jesaya; Junaidi, Junaidi; Akmal, Zainul
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Indonesia is the third largest cigarette consumer in the world. As time goesby, technology continues to develop, not all cigarette products today only usetobacco as raw materials. Nowadays, many consumers are switching fromconventional cigarettes to electronic cigarettes. Electronic cigarettes, which are aninnovation from conventional cigarettes to electronic cigarettes which consist oftwo elements, namely a suction device and liquid (refill). E-cigarettes areconsidered safer than regular cigarettes. It turns out that the risk of inhaling e-cigarettes is not much different from regular cigarettes. The journal published byCirculation stated that high amounts of nanoparticles were found in e-cigarettevapor inhalers. In the absence of warning labels, danger labels and standardizationof e-cigarettes sold by business actors, the rights of e-cigarette buyers/users asconsumers have been violated, such as the right to security and safety in consuminggoods and/or services and the right to information provided. correct, clear andhonest regarding the condition of the goods.This research is a normative legalresearch.This research method uses a type of normative legal research using legalsynchronization analysis, using primary legal materials such as Law Number 17 of2023, Government Regulation Number 109 of 2012 concerning Handling ofMaterials Containing Addictive Substances in the Form of Tobacco Products forHealth, and legal materials other. This research also uses qualitative data analysisand produces descriptive data.There are conclusions obtained, namely: First, the regulations regardingelectronic cigarettes in Indonesia, both in terms of sales and use, do not yet haveclear regulations. The connotation of cigarettes referred to in Indonesian laws andregulations is defined as conventional cigarettes. The only regulation on electroniccigarettes in Indonesia is regulated only through the Regulation of the Minister ofTrade of the Republic of Indonesia Number 86 of 2017 concerning Provisions forthe Import of Electric Cigarettes. There are no specific regulations regarding theprohibition on the use of e-cigarettes, which clearly also pose dangers, especiallyto people's health rights which are protected by the constitution. Second, a ban onthe sale of cigarettes is an inevitability that must be implemented.Keywords: E-Cigarette – Health – Legal Ideas.

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