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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
ANALISIS YURIDIS TERKAIT DENGAN PEMBERIAN SANKSI PIDANA PELAKU PEMBUNUHAN BERENCANA TERHADAP ANAK Joana Petra Naomi; 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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Abstract

Intentional and premeditated murder (moord) is regulated in Article 340 of theCriminal Code. Where the crimes of premeditated murder committed by parents againsttheir children are very concerning. Sanctions for perpetrators of premeditated murderof children are still relatively light, which takes the lives of children. This study aims todetermine the application of law based on judge's decisions in several cases ofpremeditated murder of children and to find out the ideal sanction imposed by judges onpremeditated murder of children in the future. This study also uses the Theory of Justiceand the Theory of Punishment as an analytical knife in analyzing criminal sanctionsagainst the perpetrators of premeditated murder against. The type of legal researchused in this research is a literature study or document study and this research isreferred to as normative research (legal research) using secondary data.The data analysis used is qualitative analysis as a basis for research proceduresthat produce descriptive data, namely collecting all data obtained from primary legalmaterials and secondary legal materials. The results and discussion show that theapplication of criminal sanctions against perpetrators of premeditated murder ofchildren is still relatively light so that it does not reflect the justice and expediency ofthe law.Therefore, there is a need for criminal renewal in the application of criminalsanctions against perpetrators of premeditated murder of children as an ideal sanctionwith a minimum of 20 years. The conclusions and suggestions in this study are that theapplication of sanctions to perpetrators of premeditated murder of children must beadjusted to what has been done in order to create a sense of justice and the benefit ofthe law for both the victim's family and the surrounding environment.Keywords: Criminal Offense, Child Murder, Sanction Application, Perpetrator
DISKRIMINASI DALAM PENANGANAN PERKARA PIDANA PADA TERSANGKA DIKAITKAN DENGAN ASAS EQUALITY BEFORE THE LAW Putri Nur Arafah; Emilda Firdaus; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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The principle of equality in law or what is often referred to as equalitybefore the law, is interpreted dynamically and is believed to guarantee access tojustice (access to justice) for all people regardless of background. In the contextof the rule of law, the institution that is most highlighted is the judiciary. As one ofthe characteristics of a rule of law state, the judiciary must be independent andimpartial or impartial. An independent judiciary is essentially related to thedesire to obtain the fairest possible decision through the considerations andauthority of an independent judge without the influence or interference of otherparties. Failure to properly implement the principle of equality before the law canlead to injustice in the future. Solving a legal problem.This study aims to determine the forms of discrimination in the Handlingand Treatment of Criminal Offenders associated with the Principle of EqualityBefore the Law and to determine the ideal application of the Principle of EqualityBefore the Law in Handling and Treatment of Criminal Offenders. The researchmethod used is normative legal research method.The results of the study show that differences in status and influence canmake people with the same case not receive the same treatment. One example of acase where 2 (two) perpetrators who both have small children should beconsidered by law enforcement. This is because one of them is a public figure whohas influence and status, so that his “voice” in court is heard more. While theother perpetrators had no influence and status, therefore the courts seemed toturn a blind eye to them. There are a number of factors that influence thejudiciary which impede the fulfillment and implementation of Equality Before theLaw such as economic problems and citizen education as connoisseurs of justice,even education problems are also a problem among law enforcers. Politicalproblems also arise as a suppression of the judicial process, especially incriminal cases.Keywords: Discrimination, Handling Criminal Cases, Equality Before The Law
PENERAPAN ASAS EQUALITY BEFORE THE LAW DALAM BEBERAPA PUTUSAN PENGADILAN PADA PERKARA TINDAK PIDANA KORUPSI DI INDONESIA Wifra Hadhratin; Erdianto Erdianto; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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There are differences in treatment in terms of differences in the placement ofdefendants by the Court (Judge) as law enforcement officers who have the authoritydetermined by law. This shows that there is objective law enforcement. There is still anoverlap in the judge's decisions that have been determined at the corruption trial. Thisfurther strengthens that the principle of equality before the law in Indonesia is still veryconcerning. The existence of differences in decisions influenced by social strata is verythick in corruption. With consideration of the principle that everyone should be equalbefore the law. Nothing can influence the decision, considering the magnitude of the lossand the impact of the crime itself.Adhering to the principle of equality before the law (equal position in law andgovernment), there should be no defendants of corruption crimes who receive preferentialtreatment between one actor and another who are subject to detention by the Court(Judge).This study will examine the subject matter according to the scope andidentification of problems through a normative juridical approach. In this type of legalresearch, the law is conceptualized as what is written in the legislation (law in the book)or the law is conceptualized as legal rules which are standards for behaving or behavingappropriately or inappropriately by using descriptive methods. This research is anormative juridical research on legal systematics. This research is legal systematic andcan be carried out on certain statutory regulations or or written law. Based on thenormative research method, the data source used in this study is a secondary data sourceconsisting of 3 legal materials, namely: primary legal materials, secondary legalmaterials, and tertiary legal materials. Data collected from literature study.Keywords: Application of Principles - Equality Before The Law - Corruption Crimes
Tanggung Jawab Pemerintah Daerah Kota Pekanbaru Terhadap Perlindungan Anak Terlantar Berdasarkan Peraturan Daerah Provinsi Riau Nomor 3 Tahun 2013 Tentang Perlindungan Hak Dasar Anak Jessy Rhoudatul Aulia; Emilda Firdaus; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Homeless children are children who spend most of their time doing daily living activities on thestreets, to make a living or roam the streets and other public places. One of the social welfare problems thatare still flourish in Pekanbaru today is homeless children. Children are the next generation the ideals of thestruggle of a nation that has s strategic role and have special characteristics and properties that areexpected to ensure the continued existence of the nation and the state in the future.given the position andhope to the children as the potential and future of the nation so that the child may deserve the attention ofall parties so that children can grow and develop naturally and avoid the treatment and the wrong action,violence, discrimination which would undermine the development of the child, wheter physical, mental, andsocial development.This research is motivated by the high number of homeless children in Pekanbaru City so the authorconsiders it’s important to know how the responsibility of the provincial government for the protection ofhomeless children, what causes the number of homeless children in Pekanbaru City, and what are the effortsof the provincial government in overcoming the number of homeless children in Pekanbaru City. This studyuses Riau Province Regional Regulation Number 3 of 2013 about the Protection of Children’s Basic Rightswhich has 4 (four) indicators, namely: 1. Social Rehabilitation; 2. Mentoring; 3. Empowerment; and 4.Social Assistance. Based on this regional regulation, the authors obtained research results that: 1. Theimplementation of the protection of homeless children is still not optimal; 2. Obstacles in implementing theprotection of homeless children, namely the limited resources owned by the City of Pekanbaru, both humanresources and non-human resources.This research was conducted at Pekanbaru Departement of Human Service and Riau Departement ofHuman Service, while the population and samples were all parties related to the problems studied in thisstudy. The data collection methods used in this study were observation, interviews, questionnaires, andliterature study. Sourcec of data used are primary data, secondary data, and tertiary data.Keywords: Responsibility, Protection, Homeless Children.
PERAN BADAN PENGAWAS OBAT DAN MAKANAN DALAM PENGAWASAN PEREDARAN OBAT BERLOGO BIRU DI LUAR SARANA FARMASI DI KOTA PEKANBARU Refika Wahyuni; Gusliana HB; 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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Based on Law Number 36 of 2009 concerning Health Article 98paragraph (2), it is explained that drug distribution can be circulated by partieswho have authority in their fields. Furthermore, it is explained in the PresidentialRegulation Number 80 of 2017 concerning the Drug and Food Control AgencyArticle letters (b) and (c), that the Drug and Food Control Agency has theauthority to carry out intelligence and investigations in the field of drug control inaccordance with statutory regulations and imposing sanctions administrative inaccordance with the provisions of the legislation. So with that, minimarkets orgrocery toll roads are not allowed to sell or distribute drugs without a drugstorepermit.In this study using empirical legal research methods, which collected datausing interviews, questionnaires, library research and observation of researchersin the city of Pekanbaru. While the population and sample in this study are theHead of the Center for Drug and Food Control in Pekanbaru, the Head of thePekanbaru City Health Service, Indomaret, Alfamart and grocery stores in thePekanbaru city areaFrom the results of research conducted by researchers, it can beconcluded that there are three main elements, namely, first, that the Food andDrug Supervisory Agency has not carried out optimal supervision. Second, theinhibiting factors for the Drug and Food Control Agency in carrying out its roleare the large number of existing facilities at Pekanbaru, the lack of humanresources at the Drug and Food Control Agency in Pekanbaru, the lack of publicknowledge of the applicable laws regarding drug distribution, not adherence ofbusiness actors to the applicable book rules regarding the distribution of drugsoutside pharmaceutical facilities in Pekanbaru City. Kenga Efforts that have beenmade by the Food and Drug Supervisory Agency, namely by providing educationto the public or business actors providing supervisors on the spot if irregularitiesare found at the place, giving administrative sanctions such as a warning to thetemporary closing of the place of business.Keywords: BPOM – Control - Drug Distribution
PERAN KEPALA DESA DALAM MENGEMBANGKAN BADAN USAHA MILIK DESA DI DESA MERANTI BUNTING KABUPATEN KEPULAUAN MERANTI Neirista Aisyani; Dessy Artina; Evi Deliana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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This study aims to determine the Management of Village-Owned Enterprises(BUMDes) in Meranti Bunting Meranti Islands Village, and to determine the factors thatinfluence the Management of Village-Owned Enterprises (BUMDes) in Meranti BuntingMeranti Islands Village based on Government Regulation of the Republic of IndonesiaNumber 11 Year 2021 Concerning Village-Owned EnterprisesThis research is a sociological book research because it is based on field research,namely by collecting data from observations, interviews, and literature studies that provide arelationship with the problem assisted by primary, secondary, and tertiary data. The type ofresearch data is descriptive qualitative research. This research looks at the Role of theVillage Head in the Implementation of Village Owned Enterprises in Meranti Bunting Village.The data sources are primary and secondary data, the number of informants in this study is 6informants then draws the final conclusions from the interview results.Based on the research results, it can be seen that the Management of Village-OwnedEnterprises in Meranti Bunting Meranti Islands Village has 4 aspects that affect management,namely the Planning Aspect. In the Planning Aspect, BUMDes Meranti Bunting Village hasfollowed the procedures listed in the AD/ART and planned programs to be implemented andmanaged along with the budgets to be used and managed by BUMDes Meranti BuntingVillage. Second, Organizing, Meranti Bunting Village BUMDes appoint managers who areelements of the Meranti Bunting Meranti Islands Village community and do not have duties inVillage Government and in building good work communication cooperation is needed inorder to achieve a business unitary and organizational goals Third Direction, in achievingtargets according to the planning in the management of BUMDes Meranti Banting MerantiIslands Village the manager has directed and supervised the work of members who joined andmonitored so that they can achieve success in managing BUMDes in Meranti BuntingMeranti Islands Village. Evaluation Committee, in evaluating the results of the work ofmanagers and the community continues to carry out evaluations every 3 months, every 6months and annually. At the evaluation stage BUMDes Meranti Bunting Meranti IslandsVillage continues to carry out transparency of funds so that there are no misunderstandingsand problems. Then the factors that influence the management of Meranti Bunting MerantiIslands Village are the cooperation system to full support by the Village Government, equityand procurement of BUMDes business funds, but development cannot be said to be successfulbecause the management of BUMDes is still experiencing bottlenecks in the issue of capitalparticipation funds.Keyword : The role of-village head-village owned enterprises
LEGALISASI KEBIJAKAN ABORSI DIATAS 40 HARI SEBAGAI UPAYA PERLINDUNGAN HUKUM TERHADAP KORBAN PERKOSAAN Ananda Putri Rihenda; Erdiansyah Erdiansyah; 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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The act of abortion in the criminal law system in Indonesia is something that isprohibited from being carried out, but this provision can be waived by the provision ofexceptions to the prohibition of abortion for pregnancies resulting from rape and indicationsof medical emergencies stipulated in the latest Criminal Code, Republic of Indonesia LawNumber 36 of 2009 concerning Health, and Government Regulation Number 61 of 2014concerning Reproductive Health. However, in reality, one of the factors hindering theimplementation of the legalization of abortion for rape victims is the 40-day (6 week) time limitwhich is considered too short to qualify for abortion for rape victims. Therefore, the purposeof this study is to find out the urgency of changes regarding the time limit above 40 days forabortions for rape victims and to formulate arrangements for the legalization of abortions forrape victims in the future.This type of research can be classified into normative legal research using secondarydata, carried out by making library materials the main focus based on library research byexamining and citing reference books related to the problem to be studied. For this research,the data source is secondary data consisting of primary legal materials, secondary legalmaterials and tertiary legal materials. In addition, this research uses qualitative data analysisand produces descriptive data using deductive thinking methods.From the research results, there are two main points that can be concluded, first, theurgency to make changes regarding the time limit above 40 days to have an abortion for rapevictims, namely because the time limit given is relatively short, so it is difficult for rape victimsto fulfill these requirements because the victim suffers physical and psychological harm, thenthe process of investigation and proof takes time, not to mention that it will create newproblems in the future, and more rape victims are unable to have legal abortions and have theopportunity to be criminalized. Second, regarding arrangements for the legalization ofabortion for rape victims in the future, changes need to be made, because the currentregulations cannot fully accommodate the existing problems, because the existence of a timelimit will only make it difficult for rape victims and does not provide a way out.Therefore, the time limit for abortion is considered ineffective if it is still enforced as acondition for abortion. The author's suggestions are first, to provide legal protection for rapevictims who wish to have abortions past the time limit so that victims avoid criminal charges.Second, eliminating the existing time limit and equating the time limit for abortion due tomedical emergency indications with the time limit for abortion due to rape, that is, both arenot given a time limitKeywords: Time Limit-Abortion-Rape Victims
TINJAUAN YURIDIS TERHADAP TINDAK PIDANA PENGHINAAN DI MEDIA SOSIAL MENURUT PASAL 27 AYAT 3 UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK (STUDI KASUS BEBERAPA PUTUSAN PENGADILAN) Alya Oktari Rahma; Mukhlis R; Sukamarriko Andrikasmi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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The development of science and technology, including telecommunications, media andinformatics (telematics) globally, has had an impact on changing the mindset and perspective ofthe community in carrying out all activities that are oriented towards aspects of ease and speed inexchanging access to information. Technological advances are developing rapidly, enabling theemergence of new types of crimes that can be committed through social media. In the current erathat is very closely related to social media, the most common legal problems that occur aredefamation in the form of insults in cyberspace. The purpose of this thesis research is, firstly, tofind out the juridical review of several court decisions on perpetrators of insults on social media.Second, find out the judge's interpretation of the sentence imposed on the perpetrator of the crimeof defamation on social media based on the Joint Decree regarding the ITE Law.The type of research used in this thesis research is normative research. This study useddata consisting of primary legal materials, secondary legal materials, tertiary legal materials anddata collection techniques were carried out using the library study method. In this study also usedqualitative data analysis to produce descriptive data.From this research, there are two things that can be concluded that first, in relation toinsult the special rules are regulated in Law No. 19/2016 concerning Amendments to Law No.11/2008 concerning ITE. Article 27 Paragraph (3) is considered a "rubber article". The reason forbeing labeled as a rubber article is because this article does not have clear benchmarks and canthreaten freedom of expression, especially civil society and the press. If you look at the attachmentto the SKB that has been listed, a government official cannot use Article 27 Paragraph (3) as aform of legal protection if a performance or policy he publishes draws criticism, opinion orjudgment from the public if the policy he makes is deemed inappropriate with a sense of justice insociety. Second, the case that the author analyzes from a positive legal perspective in the case thatthe decision handed down by the court is not in accordance with what has been stipulated by lawcontained in Article 27 Paragraph (3) of the ITE Law No 19/2016 which is basically better , it'sjust that there is no guarantee of legal certainty regarding insult or defamation.Keywords: Criminal Act of Insult, Social Media, ITE Law.
PERLINDUNGAN HUKUM BAGI TENAGA KEPERAWATAN DI MASA PEMBERLAKUAN PEMBATASAN KEGIATAN MASYARAKAT (PPKM) PADA MASA COVID-19 TERHADAP UPAH LEMBUR YANG DIKONVERSIKAN HARI LIBUR DI RUMAH SAKIT DAERAH MADANI PEKANBARU Febiola Utami Putri; Rika Lestari; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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The density of nurses' working hours during the COVID-19 period, especiallyduring the implementation of PPKM at Madani Hospital, should be clear about theamount of overtime pay for workers in accordance with Law of the Republic of IndonesiaNumber 13 of 2003 concerning Manpower and the Decree of the Minister of Manpowerand Transmigration of the Republic of Indonesia Number KEP.102 /MEN/VI/2004concerning Overtime and Overtime Pay. This thesis research aims to: find out theImplementation of the Fulfillment of Overtime Pay Rights for Nursing Workers during thePPKM Period during the Covid-19 Period at Madani Pekanbaru Hospital and know theLegal Protection for Nursing Workers during the PPKM Period during the Covid-19Period Against Overtime Pay Converted to Holidays at the Madani Pekanbaru Hospital.The type of research used by the author is sociological legal research, because inthis research the author directly conducts research at the location or place under study inorder to provide a complete and clear picture of the problem under study. This researchwas conducted at the Pekanbaru Madani Regional Hospital.The results of the analysis in the study found that: The provision of holidays as aform of "overtime pay" was never included in the work contract agreed upon by theMadani Hospital and Nurses. Nevertheless, one of the nurses said that changing overtimepay into the form of holidays was a common thing to happen, even though there was nopolicy or agreement made beforehand. In fact, not a single nurse dared to oppose theunilateral and arbitrary policies implemented by RSD Madani against nurses. LegalProtection for Nursing Workers during the PPKM Period during the Covid-19 PeriodAgainst Overtime Pay Converted to Holidays at the Madani Pekanbaru Hospital from asocial perspective such as providing nutritious food and drinks, providing securityfacilities, providing health services, providing psychologists and fulfillment of PersonalProtective Equipment which are forms of protection provided by RSD to nurses workingduring the Covid-19 pandemic, especially during the PPKM period. However, there isone protection that is not fulfilled by RSD Madani, namely "wage protection" containedin Law Number 13 of 2003 concerning Manpower. As well as not fulfilling Article 36letter e of Law Number 38 of 2014 Concerning Nursing, which nurses must "Receivecompensation for nursing services that have been provided".Keywords: Legal Protection-Nurse-Overtime Pay
PELAKSANAAN RESTORATIVE JUSTICE SEBAGAI UPAYA PEMENUHAN HAK RESTITUSI BAGI KORBAN TINDAK PIDANA PENGANIAYAAN DI PASAMAN BARAT Utari Inaldha; Erdiansyah Erdiansyah; Sukamarriko Andrikasmi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Victims of criminal acts often bear their own medical expenses as a result of theirnatural criminal acts. Even though the wound or illness received by the victim was not due tohis fault but from the perpetrator of the crime. Victims seem to be sidelined to obtain justice.Especially after the issuance of Presidential Regulation No. 82 of 2018 concerning HealthInsurance Article 52 paragraph (1) letter (r). Victims of the crime of persecution whopreviously had a Social Security Administering Body card, hereinafter referred to as BPJS,can use it to ease their burden, are again sidelined and have to try to recover their conditionon their own. So the first research objective is to find out the implementation of restorativejustice as an effort to fulfill the right of restitution for victims of criminal acts of persecutionin West Pasaman. Second, knowing the efforts and obstacles in implementing restorativejustice as an effort to fulfill the right of restitution for victims of criminal acts of persecutionin West Pasaman.This research is classified into the type of sociological legal research which isengaged in the field of legal reality, on the basic aspects of law. Sources of data are primarydata and secondary data consisting of primary legal materials, secondary legal materialsand tertiary legal materials. Data collection techniques in this study were observation,interviews, and literature study.The results that can be obtained from this research are the implementation ofrestorative justice as an effort to fulfill the right of restitution for victims of abuse in WestPasaman, which can be implemented in two institutions, namely the West Pasaman ResortPolice and the West Pasaman District Attorney. The implementation of restorative justice atthe police level is carried out for those who carry out the functions of criminal investigation,investigation and investigation in the police. Whereas in the prosecutor's office it is carriedout in the prosecution, namely when the responsibility for the suspect and evidence is handedover or commonly referred to as stage two. Every restorative justice settlement can fulfill thevictim's right of restitution because it is necessary to prove that the victim's rights have beenfulfilled, then a peace agreement can be signed. Constraints and efforts in the implementationof restorative justice as the fulfillment of the right of restitution for victims of persecution inWest Pasaman, there are several obstacles encountered related to obtaining a peaceagreement between parties caused by external factors in the form of compensation paymentsand the ability of the perpetrators. Efforts made include providing mediation facilities,bringing together parties by bringing in ninik mamak as an effort to reach a peaceagreement, and providing suggestions for peace.Keywords: Restorative Justice- Mediation-Right to restitution

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