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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
PENGUATAN SISTEM PRESIDENSIAL MELALUI PENERAPAN AMBANG BATAS PARLEMEN DALAM PEMILIHAN UMUM DI INDONESIA Dihan Elzani; Dodi Haryono; 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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The parliamentary threshold is the minimum vote limit for political parties in generalelections to participate in determining the number of seats in the DPR. This parliamentarythreshold was created to stabilize the relationship between the Executive and the Legislature in ademocratic country. The aim of implementing the threshold provisions is to reduce the number ofpolitical parties in parliament in order to simplify the party system. Apart from that,parliamentary thresholds can also be used as an instrument to screen participants for the nextelection. In accordance with the mandate contained in the Constitutional Court's decisionNumber 52/PUU-X/2012, the parliamentary threshold only applies to calculating the valid votesobtained by political parties at the DPR level. Based on Law Number 7 of 2017, theparliamentary threshold for the 2019 election was again increased to a minimum of 4%.This legal research is normative legal research. Normative legal research is legalresearch carried out by examining library materials or secondary data and tertiary legalmaterials. This type of normative law is also called doctrinal legal research, also known aslibrary research or document study. It is called doctrinal legal research, because this research iscarried out or directed only at written regulations or other legal materials. Comparative legalresearch is research that finds and looks for differences in various legal systems.The conclusions that can be obtained from the research results are: First, the regulationregarding the parliamentary threshold in Indonesia continues to experience developmentstarting from the enactment of the 2009 Legislative Election at 2.5% Second, the parliamentarythreshold is a system that strengthens presidential government, because a multiparty system is aform of combination that is not compatible with a presidential government system. Indonesiashould adhere to the threshold system implemented by countries that have been successful inimplementing thresholds, such as Turkey,Keywords : Parliamentary Threshold, General Election, Presidential.
Gagasan Perubahan Pasal 42 Peraturan Menteri Dalam Negeri Nomor 65 Tahun 2017 Tentang Pemilihan Kepala Desa Dalam Perspektif Demokrasi Indonesia Andri Fandio Reza; Dodi Haryono; Gusliana HB
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Villages as the smallest government entity within the state framework were affirmed by theissuance of Law No. 6/2014 on Villages (Village Law). The issuance of the Village Law notonly provides regulatory changes but also provides a paradigm shift regarding the Village,which was originally seen as an extension of the regency or city into an autonomouscommunity unit that has the right and authority to regulate and manage its own territory.Therefore, Article 1 Point 3 of the Village Law mandates the existence of a Villagegovernment organizer, namely led by the Village Head and assisted by Village officialsThis research uses normative legal research. Normative legal research is library legalresearch, namely legal research conducted by making library materials as the main focus.From the results of the research it is concluded that, First, the election of the Village Headfrom the perspective of legal politics is a form of manifestation of democracy at the villagelevel by considering regional autonomy in technical related arrangements by involving thedistrict / city government. Second, the weaknesses of this regulation are quantitative-baseddemocracy or only the highest number of votes, the risk of money politics, the risk ofhorizontal conflict in the community, and conflict due to the determination of the winner ifthe results of the highest number of votes are more than one candidate. The idea ofchanging Article 42 of the Regulation of the Minister of Home Affairs Number 65 of 2017concerning Amendments to the Regulation of the Minister of Home Affairs Number 112concerning Village Head Elections does not have much to do other than rearranging thescheme for determining the winner of the village head election if the number of votes wonis the same.Keywords: Village Head Election, Democracy, Minister of Home Affairs RegulationNo. 65/2017
DAMPAK PENERBITAN SK.903/MENLHK/SETJEN/PLA.2/12/2016 TENTANG KAWASAN HUTAN PROVINSI RIAU TERHADAP KEPEMILIKAN TANAH PADA MASYARAKAT DI KECAMATAN LUBUK BATU JAYA KABUPATEN INDRAGIRI HULU Annisa Fitria Habibah; Maryati Bachtiar; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Ownership rights to land are regulated in Article 20 of the Basic Agrarian Law, whichstipulates that land ownership is an hereditary, strongest, and fullest right that individuals canhave over land, with a social function. The issuance of Minister of Environment and ForestryDecree Number 903/MENLHLK/SETJEN/PLA.2/12/2016 regarding the Forest Area in Riau Province changes the status of theregion to a forest area. One of the areas affected by this change is the Lubuk Batu Jaya Sub-district in the Indragiri Hulu Regency, where the residents have settled prior to the reform in1997 and received goverment assistance, such as land for residence and cultivation, especiallyfor transmigrants. As of now, there is still no clarity regarding the status of land ownership forthe community whose land falls within the forest area based on the ministerial decree. Theobjective of this research is to understand and analyze the impacts resulting from the issuance ofMinister of Environment and Forestry Decree Number 903/MENLHK/ SETJEN/PLA.2/12/2016on land ownership in the Lubuk Batu Jaya Sub-District. Additionally, the research aims toidentify efforts to resolve land ownership issues for the community after the implementation ofthe aforementioned decree.The research methodology employed in this study is sociological. The study is conductedin The Lubuk Batu Sub-district, Indragiri Hulu Regency, Riau. The population and samplesinclude Section 2 of the land office in the Indragiri Hulu Regency, the sub-district head of LubukBatu Jaya, the community of Lubuk Batu Jaya Sub-district (Pondok Gelugur Village, RimpianVillage, and Lubuk Batu Tinggal Village), and the founders of the Non-GovermantalOrganization Forest Rescue Network Riau (JIKALAHARI). The Data sources include primary,secondary, and tertiary data, with data collection techniques involving interviews and literaturereviews.The impacts related to land ownership for the residents of Lubuk Batu Jaya Sub-districtwithin the Riau Province Forest Area after the issuance of Minister of Environment and ForestryDecree Number 903 include the inability of of residents to obtain funds for Smallholder Oil PalmRejuvenation (PSR), inability to apply for loans with Land Certificate (SHM) collateral, andinability to engage in land transcaction. This is due to the lack of clarity regarding the legalityof land ownership certificates held by the community, preventing them from performing legalaction that require SHM legality.Keywords: Land Ownership, Forest Area, Legal Certainty
FORMULASI SANKSI TINDAKAN TERHADAP PELAKU PENANGKAPAN IKAN DENGAN MENGGUNAKAN ALAT TANGKAP TERLARANG DI KAWASAN PESISIR Doni Anggarda Paramitha; Davit Rahmadan; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Abstract

Fishing with explosives or blast fishing is very rife, especially in coastal areas wherethe main perpetrators are small fishermen. Perpetrators who use prohibited fishing gear, oneof which is the use of explosives, has been regulated in Law No. 45 of 2009 concerningAmendments to Law No. 31 of 2004 concerning Fisheries. In the regulation of sanctions, thelaw only focuses on punishment of perpetrators and there is no regulation of sanctions so thatmarine ecosystems damaged by the actions of perpetrators cannot be repaired again.Therefore, the purpose of this thesis research is first, to describe criminal sanctions againstfishing perpetrators using prohibited fishing gear in the current positive law and theimplementation of the regulation. Second, To formulate the formulation of sanctions foractions needed to be applied to fishing actors using prohibited fishing gear to protect marineecosystems in the future.This research can be classified into normative types of legal research. In this type oflegal research, often the law is conceptualized as what is written in laws and regulations orthe law is conceptualized as rules or norms that are a benchmark for age behavior that isconsidered appropriate. Therefore, the first source of data is only secondary data, consistingof primary legal material, secondary legal material, and tertiary data.This study obtained the first result, namely in the regulation of sanctions againstperpetrators of fishing with prohibited fishing gear, namely the use of explosives which hasbeen regulated in Article 84 paragraph (1) of Law No. 45 of 2009 concerning Amendments toLaw Number 31 of 2004 concerning Fisheries and threatened with a maximum prison sentenceof 6 (six) years and a maximum fine of IDR 1,200,000,000.00 (one billion two hundred millionrupiah). Meanwhile, the crime of blast fishing committed by small fishermen is specificallyregulated in Article 100B of the Fisheries Law. threatened with a maximum imprisonment of1 (one) year or a maximum fine of Rp250,000,000.00 (two hundred fifty million rupiah).However, if we look closely, sanctions arrangements only focus on punishment on perpetratorsand there is no sanction arrangement, sanctions are taken so that marine ecosystems aredamaged as a result of the actions of perpetrators that cannot be repaired. Second, theregulation of criminal sanctions that are relevant for small fishermen who use explosives whenfishing is the renewal of the criminal law by imposing sanctions in an effort to preserve andutilize marine resources so that they run well.Keywords: Action Sanctions, Prohibited Fishing Gear, Sanction formulation
PERTANGGUNGJAWABAN TERHADAP TINDAK PIDANA PENYEBAR BERITA PALSU (HOAX) BERDASARKAN UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK Apilla Rahma Putri; Mukhlis R; Sukamarriko Andrikasmi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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In the era of globalization the rapid development and progress ofinformation technology has led to changes in human life activities in various field.The development of information technology has influenced the development ofnow forms of crime that are more modern in nature namely the rise of fake news(hoaxes). In the name of freedom netizens feel they have right over their personalaccounts. Firm action needs to be taken in the form of imposing criminal penaltieson those who carry out the dissemination in order to give a warning not to actarbitrarily on social media. On the other hand there is no need to undermine thespirit of freedom of expression in a democratic system. The purpose of writing thisthesis is : first, to find out criminal responsibility related to those who spread fakenews (hoaxes) on social media. Second, to find out who is responsible for fakenews (Hoaxes) on social media.The type of research conducted by the author is normative juridicalresearch because it makes library materials the main focus in conductingresearch. This research is descriptive, in nature namely a study that describesclearlyand in detail about a problem.From the result of research problems there are two main things thatcan be concluded. Firsty, criminal liability for perpetratpors of criminalacts of spreading fake news (Hoaxes) on social media can be heldaccountable by being imposed by two legal regulations, namely law number19 of 2016 concerning amendments to law number 11 of 2008 concerninginformation and electronic transactions in article 45A paragraph 1 and inthe criminal code in article 360. The two,Every person who spreads fakenews (Hoaxes) is obliged, such as the Ministry of Communication andInformation, which handles the initial action. If there is fake news(Hoaxes)yhat spreads, the Indonesian Police also begins to follow up on thereport fake news (Hoaxes) in the hope that the news can be known morequickly whether it is true or a Hoax.Keyword : Criminal Liability – Fake News (Hoaxes) – Social Media
PENGARUH AMICUS CURIAE TERHADAP PUTUSAN HAKIM MENURUT SISTEM PERADILAN PIDANA DI INDONESIA Ronaldo Stefano; Mukhlis R; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Amicus Curie is a term that means "friend of the court" or what is known asFriend of the Court. Amicus curiae is filed by someone who is not a party involvedin a case in a judicial process. Amicus curiae is a way to provide an opinion, andnot to fight, but amicus curiae gives influence to the judge in ensuring additionalpoints of view and relevant information in his considerations. The judicial systemin Indonesia is not yet clearly regulated, but the legal basis for accepting amicuscuriae in Indonesia is in article 5 paragraph (1) of Law no. 48 of 2009 concerningjudicial power, which states that judges and constitutional justices are obliged toexplore, follow and understand the legal values and sense of justice that exist insociety. The aim of this research was to determine the influence of amicus curiae inthe criminal justice system and to find out the legal provisions for amicus curiae inthe future in the criminal justice system in Indonesia.This research is normative legal research supported by secondary data,carried out by using library materials as the main focus. Also called doctrinal legalresearch, namely legal research that uses data based on library research by takingquotations from reading books, or supporting books that are related to the problemto be researched. Thus, this research uses secondary data sources consisting ofprimary, secondary and tertiary legal materials. Thisresearch also uses qualitativedata analysis and produces descriptive data.The results of the study concluded that amicus curiae had an influence onjudges' decisions which had different results. In several decisions, the participationof the amicus curiae plays an important role in the judge giving the decision so thatthe opinions and views expressed influence the final outcome of the decision, but insome cases the amicus curiae is completely ignored for various reasons, one ofwhich isthat the defendants have fulfilled the elements of a criminal act so the judgedoes not accept the amicus curiae. This and amicus curiae require new, clearerregulations on criminal matters, which will make it easier for judges to expressopinions from amicus curiae into a decision.Keywords: Influence – Amicus curiae– Judge's decision.
KONSTRUKSI PEMUNGUTAN RETRIBUSI PENYEDIAAN FASILITAS PASAR TRADISIONAL ANTARA DINAS PERINDUSTRIAN DAN PERDAGANGAN KOTA BATAM DENGAN PENYEWA KIOS PASAR DITINJAU BERDASARKAN HUKUM PERDATA Aulia Shaharani; Maryati Bachtiar; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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An agreement is a law for the parties entering into it and the implementation of theagreement must not conflict with public order. The agreement must be adhered to if one partydoes not carry out the obligations that have been stipulated then that party has committed abreach of contract. Retribution is a regional levy as payment or certain services or gifts that arespecifically provided and/or given by the regional government for the benefit of individuals orentities.The problem that occurs in this thesis is that market traders have defaulted where marketstall tenants have not carried out one of their obligations as stipulated in the agreement. It hasbeen stipulated in the market stall rental agreement that Article 6 paragraph (2), in Article 7paragraph (1) Article 7 paragraph (5) In fact, in the field, traders still violate the agreementagreed upon by both parties. The method used in this research is a sociological type of research.The research was conducted at traditional markets managed by the Industry and Trade Office ofBatam City. The samples taken in this study were 10 people. Data collection techniques areinterviews and literature study.The results of this study are, the provisions stipulated in the market stall rentalagreement are in accordance with the law as well as the terms and elements of an agreement. theimplementation of the market stall rental agreement did not go well where there were still manymarket stall tenants who defaulted from 28 kiosk tenants, 21 kiosk tenants who violated the termsof the agreement. the efforts made by the relevant department of not fulfilling this achievementare by giving verbal reprimands and giving Warning Letters One to Three Warning Letters.Keyword:Default,Lease-Agreement,Retribution
KEBIJAKAN HUKUM PIDANA TERKAIT PEMIDANAAN TERHADAP PEJABAT NEGARA DI BIDANG PERTAHANAN YANG MELAKUKAN KEJAHATAN TERHADAP KEMANUSIAAN SEBAGAI BENTUK PELANGGARAN HAK ASASI MANUSIA BERAT Naufal Nata Prawira; Mukhlis R; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Regulations regarding serious human rights, especially regarding state officials in thedefense sector, are regulated in Law Number 26 of 2000 concerning Human Rights Courts,however, in this regulation there is a problem where there is no distinction between theimposition of criminal sanctions between state officials and the public. in general. This canbe seen in article 42 paragraph (3) which regulates the punishment of state officials in thesecurity sector who commit crimes against humanity. This article refers to article 37 as thebasis for the punishment of state officials.This type of research can be classified as normative research which examines legalprinciples, namely the principle of criminal responsibility. This research uses secondary databy elaborating on primary, secondary and tertiary legal materials that are relevant to theresearch topic.Based on the results of the research, it can be concluded that firstly, the absence ofdifferences in the imposition of criminal sanctions between state officials in the defensesector who commit crimes against humanity and ordinary people makes the currentregulations weak. This can be seen in Article 42 paragraphs 1 and 3 of Law Number 26 of2000 concerning Human Rights Courts which have been the source of law for resolvingserious human rights cases and in Article 599 of Law Number 1 of 2023 concerning theCriminal Code which has many problems in the regulations. This means reducing theminimum criminal sentence for someone who commits crimes against humanity. Secondly, informing regulations it is actually necessary to consider philosophical, sociological andjuridical factors. In the case of Brigadier General TNI M. Noer Muis in the East Timor case,he was acquitted of all charges against him and Infantry Major Isak Sattu in the Panai casewas deemed not guilty of the actions he committed, the results of this verdict show that justicehas not been implemented in society. Therefore, it is necessary to reform the criminal law inincreasing punishment for state officials in the defense sector who commit crimes againsthumanity in Indonesia.Keywords: Criminal Law Policy, Sentencing, State Officials, Crimes Against Humanity
REKONSEPTUALISASI PENGATURAN RESTITUSI DAN KOMPENSASI KEPADA KORBAN TINDAK PIDANA INVESTASI ILEGAL SKEMA PONZI DIKAITKAN DENGAN UPAYA PERLINDUNGAN HUKUM DI INDONESIA Sayladito Sitinjak; Davit Rahmadan; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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In general, the Indonesian population is still largely unfamiliar withvarious new instruments in the world of investment. In fact, some members of thesociety seem uninterested in learning how to invest wisely and correctly. Often,people are focused on the potential returns they can gain, so the first question thatarises when a new investment opportunity is presented is about the expectedprofits. Some individuals appear to be dazzled by the promise of high profitswithout considering the accompanying risks. Consequently, the phenomenon ofinvestment scams or fraudulent investments has emerged. It appears as if aninstitution is managing the public's funds and investing them in various types ofinvestments, but in reality, it's merely a money game.This research is a normative legal study based on literature research,which involves quoting from relevant books or supporting materials related to theissues under investigation. The research utilizes secondary data sources,including primary, secondary, and tertiary legal materials. This study alsoemploys qualitative data analysis and produces descriptive data.From the research findings and discussions conducted, it can beconcluded that the regulation of restitution and compensation for victims ofillegal investment schemes, particularly Ponzi schemes, concerning legalprotection efforts in Indonesia, is not effectively implemented. This is due to theperception that law enforcement against perpetrators is lenient and relies solelyon the Criminal Code penal Indonesia. Different regulations naturally servedifferent purposes and objectives to ensure that the rules can be appliedaccording to the actions of the criminals. Many cases involve victims of criminalactivities who do not receive restitution to recover their losses, both material andimmaterial. Criminal justice has not provided certainty regarding the fulfillmentof restitution.Keywords: Ponzi schemes-investment-restitution-legal protection.
PELAKSANAAN PELAYANAN KESEHATAN DI PUSKESMAS PANIPAHAN KECAMATAN PASIR LIMAU KAPAS KABUPATEN ROKAN HILIR DALAM PERSPEKTIF UNDANG-UNDANG NOMOR 25 TAHUN 2009 TENTANG PELAYANAN PUBLIK Fit Andriyani; Mexsasai Indra; Zulwisman Zulwisman
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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This research aims to describe the implementation of health services at thePanipahan Health Center, Pasir Limau Kapas District, Rokan Hilir Regency andto determine the implementation of Good Governance at the Panipahan HealthCenter, Pasir Limau Kapas District, Rokan Hilir Regency. This research isempirical or sociological legal research. The research location is in thePanipahan District, Pasir Limau Kapas District, Rokan Hilir Regency, namely thePanipahan Community Health Center. Based on research conducted, the resultsshow that health services at the Panipahan Community Health Center are carriedout based on Regional Government and Central Government Regulations andPolicies. The implementation of health services at the Community Health Centerconsists of services from the Individual Health Unit and the Community HealthUnit. The programs at the Community Health Center are KIA, Nutrition, HealthPromotion, Environmental Health and other programs. The flow of healthservices and service standards at the Panipahan Community Health Center havebeen adjusted to the services provided to the community to improve the level ofpublic health. Supporting factors in the implementation of health services at thePanipahan Community Health Center consist of organization, policy andmanagement. Meanwhile, the inhibiting factors are the implementation of healthservices at the Panipahan Community Health Center, namely human resources,infrastructure and funds/budget. The efforts made by the Rokan downstreamdistrict health service to improve services at the Panipahan Community HealthCenter are recruiting human resources and competency training for existinghuman resources, prioritizing development of facilities and infrastructure as wellas appropriate budget allocation.Keywords: Panipahan Community Health Center, Public Services, HealthServices.

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