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INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 155 Documents
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Search results for , issue "Vol 10, No 2 (2023): Juli - Desember 2023" : 155 Documents clear
REFORMULASI SANKSI PIDANA TERHADAP PENYALAHGUNA NARKOTIKA YANG BERASAL DARI KALANGAN ATAS Ela Valentina Damanik; Erdianto Erdianto; Syaifullah Yophie Ardiyanto
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Narcotics abuse is a complex problem and has a broad perspective, both in the fields ofmedical, psychosocial, mental and psychiatric services. At present, narcotics abusers can belikened to an iceberg that includes all levels of society, especially the upper class. Therefore, asan effort to deal with narcotics abusers who are increasing day by day and the need to create anew paradigm to renew the public's view of narcotics abusers, especially the upper class society,where the upper class society in its implementation is more privileged. Therefore, it is necessaryto reformulate criminal sanctions as stipulated in Law Number 35 of 2009 concerning Narcoticsto create laws that are more effective and fair in responding to modernization goals. The purposeof this study is to understand the regulation and application of criminal sanctions againstnarcotics abusers in Indonesia and to develop the idea of reformulation of appropriate sanctionsagainst narcotics abusers from the upper class society.The research conducted is normative legal research or known as doctrinal legal research,which uses data sourced from library research and literature quotations related to the issuesstudied. Therefore, the secondary legal sources used consist of secondary, primary and tertiarylegal materials as well as data from interviews in the form of primary data.In this research, the type of data analysis used is qualitative data analysis which isproduced in the form of descriptive data. From the elaboration of the discussion and researchconducted, several conclusions can be obtained, namely: First, narcotics addicts and narcoticsabusers as stipulated in Article 54 of Law Number 35 of 2009 concerning Narcotics states thatnarcotics addicts and narcotics abusers are required to undergo medical rehabilitation andsocial rehabilitation. However, in fact the implementation of rehabilitation is not evenlydistributed to all levels of society. Second, an increase in imprisonment and fines, as well as anincrease in treatment and/or treatment services in the form of medical rehabilitation and socialrehabilitation as an idea formulated by taking into account awareness, legal ideals, outlook onlife and philosophy originating from Pancasila and the Opening of the Constitution of theRepublic of Indonesia in 1945.Keywords: Reformulation – Criminal Sanctions – Rehabilitation
REFORMULASI PENGATURAN SANKSI PIDANA BAGI PELAKU USAHA YANG MELAKUKAN PENIMBUNAN BAHAN PANGAN PADA SAAT TERJADI KELANGKAAN BARANG Muhammad Fadhil Muzzammil; Davit Rahmadan; Sukamarriko Andrikasmi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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The act of hoarding food is a criminal act that has an economic motive, so it is a formof crime, because it is detrimental to society and the State. Business actors who commit theseacts will be subject to penalties and sanctions in accordance with Law Number 7 of 2014concerning Trade and Law Number 18 of 2012 concerning Food. In the regulation of sanctionsin this law, there are no specific minimum sanctions regulations so that in their decisionsjudges can impose criminal sanctions that are too light. Therefore, the aim of this thesisresearch is first, to determine the need to reformulate the regulation of criminal sanctionsagainst individual business actors who hoard food when there is a shortage of goods in thefuture. Second, to formulate relevant forms of criminal sanctions against business actors whohoard food when there is a shortage of goods in the future.This type of research can be classified into a type of normative legal research. In thistype of legal research, law is often conceptualized as what is written in statutory regulationsor laws. Therefore, the first source of data is only secondary data, which consists of primarylegal material, secondary legal material and tertiary data.From the results of this research, the first result was obtained, namely the need toreformulate the regulation of sanctions against perpetrators of criminal acts of food hoardingin Article 107 of Law Number 7 of 2014 concerning Trade and Article 133 of Law Number 18of 2012 concerning Food. These two articles are not listed. special minimum criminal threat,then in his decision the judge does not have a reference in giving a decision so that theperpetrator of a criminal act can be given a sanction that is too light. Second, regulation ofrelevant criminal sanctions for business actors who commit criminal acts of food hoardingwith efforts to reform Indonesian criminal law, namely by including special minimum criminalsanctions in the form of imprisonment for a minimum of 1 (one) year.Keywords: Reformulation, Business Actors, Food Hoarding.
TINJAUAN HUKUM WANPRESTASI OLEH NASABAH PERJANJIAN KREDIT KUPEDES PADA PT. BANK RAKYAT INDONESIA UNIT SUDIRMAN PEKANBARU Muhammad Nadhif Syauqi Abrar; Hayatul Ismi; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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The problem that often arises in the implementation of credit agreements is asituation where the debtor is negligent in carrying out his obligations or what is usuallycalled default. The fact that often occurs in the field is that debtors are late in makingpayments, both installments and interest. Therefore, every time the bank extends credit, inpractice the bank always asks the debtor to submit collateral. . For security in returningthe credit. Credit given by banks is based on trust, so that in this way credit is giving trustto customers. . Research Objectives To find out the process of efforts and obstacles insolving default problems by customers of the Kupedes credit agreement at PT. Bank RakyatIndonesia Unit Sudirman Pekanbaru.This type of research can be classified as a Juridical Sociological type of research,because in this study the authors directly conducted research at the location or place understudy in order to provide a complete and clear picture of the problem under study. Thisresearch was conducted at PT. Bank Rakyat Indonesia Sudirman Pekanbaru Unit Branch,while the population and sample are all parties related to the problems studied in thisstudy, the data sources used are primary data, secondary data, research subjects, relatedto data collection in this study by observation, interviews and studies literature.As for defaults in the process of bank credit agreements where the debtor is slow topay credit installments, the bank is negligent and less thorough in assessing potentialdebtors. Dispute resolution is divided into two, namely litigation and non-litigation.Dispute resolution through litigation is a settlement of disputes that is carried out througha court, where this settlement must follow formal requirements and procedures in courtand as a result the time period for resolving disputes is longer. As a party, Bank RakyatIndonesia knows the prospective debtor well in terms of personality, ability, capital,collateral, economic conditions, so there is little possibility of bad financing. If the debtordisappears / where his whereabouts are unknown while he still has debts to the bank /creditor. The trick is to provide a blacklist (input into a blacklist book).
TINJAUAN YURIDIS PUTUSAN PENGADILAN NEGERI PEKANBARU NOMOR 109/PDT.SUS-PARPOL/2022/PNPBR TENTANG GUGATAN PELAKSANAAN MUSYAWARAH DAERAH DEWAN PIMPINAN DAERAH PARTAI DEMOKRAT PROVINSI RIAU Salsabila Firdaus; Dessy Artina; Zainul Akmal
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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The problem of internal conflicts of political parties that occur in the management ofthe democratic party in Riau province. In 2021. This conflict is seen as a conflict over powerand leadership within the democratic party in Riau Province.In this conflict the agitators areAsri Auzar and friends who are legitimate administrators of the Regional Leadership Council(DPD). In his lawsuit, the plaintiff explained the beginning of problems that occurred in themanagement of the Democratic Party.This research is a researcher of normative law. This is based on literature researchthat takes quotations from reading books, or supporting books that have something to do withthe problem to be studied. This study used Secondary data sources consisting of primary,secondary, and tertiary book materials. This study also used qualitative data analysis andproduced Descriptive data.From the results of the research and discussion conducted, there are severalconclusions obtained, namely: first, the case of political party settlement to the district courtis Article 33 paragraph (1) of Law Number 2 of 2011 which reads, "In the event that disputeresolution as referred to in Article 32 is not achieved, dispute resolution is carried out throughthe District Court". Settlement of political party disputes through district courts is an effort ifsettlement through the mechanism of political party courts cannot be achieved.Second, as well as the dismissal and implementation of regional deliberations only oneday apart violates the principle of propriety and the party does not carry out its functions asregulated by Law Number 2 of 2011 concerning Amendments to Law Number 2 of 2008concerning Political Parties, the authority in carrying out regional deliberations is the DPD,not the DPP nor the 12 DPCs of the Democratic Party, the DPP is only authorized to carryout extraordinary deliberations.The author's suggestion is that there should be strengthening of the RegionalLeadership Council of Political Parties in matters of regional deliberations without being ableto intervene in the Central Leadership Council of Political Parties as well as legalarrangements for the settlement of political party disputes in Law Number 2 of 2011concerning Amendments to Law Number 2 of 2008 concerning Political Parties.Keywords : Internal conflicts, Internal conflicts, Political Party Court
PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU YANG MENYEBARKAN STIKER YANG BERMUATAN PORNOGRAFI MELALUI APLIKASI PESAN INSTAN WHATSAPP MENURUT UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK Frengki Sanjaya; Evi Deliana; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Cyber porn is a crime that is rife. One of the media for spreading pornographiccontent is through the form of instant message stickers containing pornography in theWhatsApp instant messaging application which is distributed by its users. As a crime,perpetrators who distribute pornographic stickers can be held criminally responsiblebased on existing laws. Therefore, writing this thesis formulates two problemformulations namely; first, how is the legal arrangement related to pornography inIndonesia. Second, what is the criminal responsibility for the perpetrators who distributestickers containing pornography based on Law Number 19 of 2016 concerningAmendments to Law Number 11 of 2008 concerning Information and ElectronicTransactions.This research is classified in the type of normative legal research. The researchwas carried out by examining secondary data as well as an approach to laws. Thisresearch examines the legal principles contained in Law Number 19 of 2016 concerningAmendments to Law Number 11 of 2008 concerning Information and ElectronicTransactions and statutory regulations. -other related invitations. The data sources usedare primary data, secondary data and tertiary data. The data collection technique in thisstudy was by means of interviews and literature review and this research is normativejuridical in nature. After the data has been collected, it is then analyzed qualitatively,then draws conclusions using a deductive thinking method, namely analyzing problemsfrom a general form to a special form.This research explains that the regulation of pornography law in Indonesia is quiteclear as positive law, as stipulated in the Criminal Code, Law No. 44 of 2008 concerningPornography, Law Number 19 of 2016 concerning Amendments to the Law Number 11 of2008 concerning Information and Electronic Transactions and Law no. 1 of 2023concerning the Criminal Code. The act of distributing stickers containing pornographybased on Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008concerning Information and Electronic Transactions can be held criminally liable withthe concept of criminal liability.Keywords: Pornography - Criminal Actions - Criminal Liability
POLITIK HUKUM PEMBENTUKAN UNDANG-UNDANG NOMOR 1 TAHUN 2022 TENTANG HUBUNGAN KEUANGAN ANTARA PEMERINTAH PUSAT DAN PEMERINTAHAN DAERAH DALAM PERSPEKTIF OTONOMI DAERAH Ilham Dwi Mirza; Emilda Firdaus; Zulwisman Zulwisman
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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The establishment of Law Number 1 of 2022 concerning Financial RelationsBetween the Central Government and Regional Governments as a result of the Law hasnot been able to provide a significant leap in improvement to the equitable distributionof public services and public welfare, and has not been optimally aligned andsynergistic in the APBD and APBN, so that national fiscal policy has not workedsignificantly in realizing state goals. The purpose of this study is to explain the legalpolitics of the establishment of Law Number 1 of 2022 concerning Financial RelationsBetween the Central Government and Regional Government in the Perspective ofRegional Autonomy.This research is a normative legal research with a focus on legal principles. Toanswer this research, the author uses qualitative analysis with literature study techniqueson primary legal materials in the form of laws and regulations, secondary legal materialsin the form of legal scientific research results, legal science books, and academicmanuscripts of Law Number 1 of 2022, as well as tertiary legal materials in the form oflarge online Indonesian dictionaries.This study examines and analyzes the urgency in the formation of Law Number1 of 2022 which repeals Law Number 33 of 2004 and Law Number 28 of 2009. Therepeal of the two laws resulted from the need to improve the implementation offinancial relations between the central government and local governments. It isrecommended that the President and the House of Representatives are expected toimmediately ratify and promulgate laws and regulations related to the generalprovisions of the HKPD Law, procedures for collecting taxes and regional levies,procedures for collecting Opsen, tax revenues directed at their use, types of additionalregional levies, and procedures for determining tax rates and levies so that the HKPDLaw can be fully implemented.Keywords: Legal Politics, Fiscal Decentralization, Regional Autonomy
KERJASAMA UNITED NATIONS HIGH COMMISSION FOR REFUGEES (UNHCR) DAN INTERNATIONAL ORGANIZATION FOR MIGRATION (IOM) DALAM MENANGANI MASALAH PENGUNGSI DI KOTA PEKANBARU TAHUN 2017-2021 Dika Nofira Hardiyanti; Evi Deliana; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Refugees are a classic problem that arises in human civilization as a resultof fear that threatens theis safety. The threat can be caused by natural disasters orman-made disasters. This large-scale population movement was initially only adomestic problem of country. The research objectives of this thesis are ; First, tofind out the cooperation between United Nations High Commission for Refugeesand International Organization for Migration with the Indonesian government indealing with refugee problems in Pekanbaru City in 2017-2021, Second, theIndonesian government’s efforts to urge United Nations High Commissioner forRefugees and International Organization for Migration to place refugees in thirdcountries.This research is a kind of sociological research. This research wasconducted at the Pekanbaru Immigration Detention Center and RepresentativeOffice of UNHCR and IOM Pekanbaru. While the overall population and thesample is related to the problems axamined in this study. The data used is primarydata and secondary data and data collection techniques using observation,interviews and literature study. Technical analysis of qualitative, inductiveinference techniques.From the research results, there are two things that can be concluded.First, the collaboration between UNHCR and IOM with the Indonesia governmentin deling with the refugee problem in Pekanbaru City in 2017-2021. Second, theefforts of the Indonesian government to urge UNHCR and IOM to place refugeesin third countries. Suggestions from the author, First, its is hoped that UNHCRand IOM will be more responsive in dealing with the problem of refugee inIndonesia, especially Pekanbaru. Second, the Indonesian government alwaysmonitors UNHCR and IOM and urges these refugees to be immediately sent totheir destination countries, because Indonesia is only a transit country. InIndonesia they only get housinh, eting and drinking faclilities, and their full rightsas citizens will only be obtained in the destination country, etc.Keywords : Refugees – UNHCR – IOM – Convention 1951 – Third Countries.
SISTEM PEMILIHAN UMUM ANGGOTA DEWAN PERWAKILAN RAKYAT DALAM PERSPEKTIF PASAL 1 AYAT 2 UNDANG-UNDANG DASAR 1945 Wahyu Utama; Dessy Artina; Junaidi Junaidi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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The Proportional Election System is a system in which one electoraldistrict elects several representatives. The proportional system is also called abalanced system, there are two types of systems in the proportional system,namely the open proportional system and the closed proportional system. OpenProportional System is an electoral system in which voters directly elect theirlegislative representatives. Whereas in a closed proportional system, voters onlychoose their political party. The formulation of the problem in this study is whatare the advantages and disadvantages of open and closed proportional systemsand whether the system is most appropriate to be applied to legislative electionsin Indonesia.This study uses normative legal research methods. This study also usesthree sources of legal materials, namely, primary, secondary and tertiary legalmaterials. The purpose of this study is to determine the advantages anddisadvantages of open and closed proportional systems and to find out the mostappropriate system to be applied to legislative elections in Indonesia. Legislationwhich is the main source of this research is the 1945 Constitution, Law number 7of 2017 concerning General Elections.The results obtained from this study are that open and closed proportionalsystems have advantages and disadvantages, so the appropriate election system tobe used in Indonesia is the Open Election System because voters can choosecandidates who have the same ideas, vision and mission, reflecting the profile ofall the people, increasing public enthusiasm to participate in elections,prioritizing the unity and integrity of the Indonesian nation.Keywords: Proportional System, general elections, People.
PENEGAKAN HUKUM TERHADAP PENYALAHGUNAAN MINUMAN OPLOSAN BERALKOHOL GOLONGAN C OLEH REMAJA DAN ANCAMAN HUKUM BAGI PENJUAL TANPA IZIN DI WILAYAH HUKUM KEPOLISIAN RESOR KOTA PEKANBARU Kevin Pardede; Mukhlis R; Tengku Arif Hidayat
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Mixed liquor is liquor made from various ingredients that contain alcoholand are mixed together, and have varying levels of alcohol. Selling bootlegalcohol, especially class C, illegally is an act that is against the law because itsells goods that endanger life and health, especially to teenagers who are stillunderage. Various efforts have been made by law enforcers, but the reality is thatthe perpetrators of the distribution of bootleg liquor so far in the Pekanbaru areacontinue to occur. Based on these problems, the authors are interested inknowing, first, how to enforce the law against the abuse of class C alcoholicmixed drinks by teenagers and legal threats to unlicensed sellers in thejurisdiction of the Pekanbaru city resort police, second, what obstacles are facedand efforts to overcome obstacles in law enforcement against abuse of class Calcoholic mixed drinks by teenagers and legal threats to unlicensed sellers in thejurisdiction of the Pekanbaru city resort police.This type of research is classified as sociological legal research. Innormative legal research, the data sources are primary data sources andsecondary data sources consisting of primary legal materials, secondary legalmaterials and tertiary legal materials. Collecting data on normative legalresearch uses data collection techniques by means of interviews and literaturestudies. The data obtained through a literature study will be analyzedqualitatively. In drawing conclusions the author uses the deductive thinkingmethod, namely a way of thinking that draws conclusions from a generalstatement or argument into a specific statement.Based on the results of the study it can be understood that law enforcementagainst the misuse of class C alcoholic mixed drinks by teenagers and legalthreats to unlicensed sellers in the jurisdiction of the Pekanbaru city resort policeis still weak, this can be seen that liquor is still freely sold and circulated tovarious groups in Pekanbaru city. Based on this, the constraints and efforts of thePekanbaru city resort police to supervise and socialize the adultery anddistribution of liquor. In this case, the perpetrators of the crime of mixing anddistributing liquor are subject to Article 204 of the Criminal Code, theperpetrators are subject to 15 years in prison.Keywords: Law Enforcement - Mixed Liquor - Pekanbaru City
ANALISIS YURIDIS KEJAHATAN TERHADAP IDEOLOGI NEGARA BERDASARKAN UNDANG – UNDANG NO 27 TAHUN 1999 Ikramul Fajri; Erdianto Erdianto; Davit Rahmadhan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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The This research is motivated by one problem, namely Ideological offensesregulated in Law Number 22 of 1997 concerning Amendments to the Criminal CodeRelating to Crimes Against State Security (hereinafter referred to as Articles 107a toArticle 107f of the Criminal Code). The existence of these provisions as a result of thedark history of the Indonesian people against the PKI.The purpose of this research is to analyze the Implementation of Law Number 27of 1999 concerning Amendments to the Criminal Code relating to Crimes Against StateSecurity. Law Number 27/1999 explicitly regulates the prohibition of spreading leftistideology by inserting six new articles in Chapter I — concerning Crimes Against StateSecurity — of the Criminal Code, namely between Article 107 and Article 108, which aremade into Article 107 a, Article 107 b, Article 107 c, Article 107 d, Article 107 e, andArticle 107 f .From the results of the research conducted, it shows that the implementation ofLaw Number 27 of 1999 basically regulates two types of crimes, namely: crimes relatedto replacing Pancasila as the state ideology and crimes of sabotage, especially sabotage ofmilitary facilities and infrastructure and sabotage of distribution or procurement staple.Keywords: CRIMES AGAINST STATE IDEOLOGY

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