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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
IMPLEMENTASI PASAL 183 PERATURAN MENTERI LINGKUNGAN HIDUPDAN KEHUTANAN NOMOR 9 TAHUN 2021 TENTANG PENGELOLAANPERHUTANAN SOSIAL DI DESA PULAU PADANG KABUPATENKUANTAN SINGINGI Tri Asih Sukma Sari; Mexsasai Indra; Evi Deliana HZ
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

Forests are a source of life for all living things, especially for communitiesaround the forest. With the birth of a social forestry policy, the government hopesto improve the standard of living of the economy and maintain the sustainability offorest areas. In implementing policies, supervision is needed in their management.In Kuantan Singingi Regency, it is one of the areas that received social forestrylicenses. However, the management of social forestry is still not optimal. This canbe seen from the still minimal area of social forestry so that there are still thosewho have not carried out management since the decree was issued, therefore thegovernment's attention is needed so that the objectives of targeted management canbe achieved. The type of research used is sociological legal research. Obstacles insupervising social forestry in Kuantan Singingi Regency include: Lack ofoperational staff, lack of budget, convoluted administrative reporting, lack ofcoordination of related parties, and lack of public knowledge of social forestry. Thesolutions provided include: adding operational personnel such as assistants,encouraging local government budgets in facilitating the implementation ofsupervision, increasing collaboration with PPS Working Groups, providingeducation to the community and assistants so that they can help people inmanagement and prevent forest utilization that is not in accordance with existingregulations .Keyword: Implementation-Social Forestry-Supervation
PERLINDUNGAN HUKUM TEHADAP ANAK KORBAN INCEST DALAM PERATURAN PERUNDANG-UNDANGAN DI INDONESIA Sandri Sandri; Mukhlis R; Elmayanti Elmayanti
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

One form of sexual crime that befalls children is incest, usually children areprosecuted. This case is one of the most extreme forms of child abuse, oftenresulting in serious and prolonged psychological trauma, especially by parents.known by other parties will feel ashamed. thus the need for further arrangementsregarding child protection in the future children come.The research objectives ofthis thesis are; First, determine the legality of legal protection for child victims ofincest in Indonesian laws and regulations.Second, to find out the form ofproviding legal protection to child victims of incest in the future. This type ofresearch is the writer of normative legal research or known as the legal researchof literature.From this research, the regulation of incest or better known as incestin the Indonesian Criminal Code is very important, especially regarding thesanctions. Incest cases are not ordinary rape cases, but also involve beliefs, thecontinuity of a family, the future of children, and the psychological conditions thatare formed. Therefore, it is very unfortunate if Indonesian law treats incestperpetrators the same as ordinary rape victims. There are two fundamentalproblems that can be First, in the law there is no definition of the victim'sbiological child. So does this have an impact on the equality of special treatmentfor children as victims both from their own families (biological children) andchildren outside the family, which is clearly different from the psychologicalimpact of a crime rape of the child of a rape victim (incest). Second, the law onthe protection of children is very clear, but its implementation has not beenrealized as expected. It is necessary to continuously amend the law and preparenew offenses, among others, with input from various scientific meetings whichalso means from various circles of society at large. Some results of research andstudies regarding the development of special offenses in society and developmentsin science and technology. Observation of new forms and dimensions of crime ininternational meetings or congresses and various kinds of internationalconventions both ratified and not ratified and results of comparative studies ofvarious Criminal Codes from sexual violence requires us to enforce and protect itin various prevention efforts, namely, social community approaches, earlychildhood sexual education, active socialization of the effects of incest, systems-based approaches and so on.Keywords: Incest – Child Protection - Victims – Sexual Violence
KETAATAN PEMERINTAH DAERAH BERSAMA DPRD DALAM PEMBENTUKAN RANCANGAN ANGGARAN PENDAPATAN DAN BELANJA DAERAH KABUPATEN KUANTAN SINGINGI TAHUN 2023 BERDASARKAN PERATURAN MENTERI DALAM NEGERI NOMOR 84 TAHUN 2022 TENTANG PEDOMAN PENYUSUNAN ANGGARAN PENDAPATAN DAN BELANJA DAERAH TAHUN ANGGARAN 2023 Silfania Nigellia; Dodi Haryono; Junaidi Junaidi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The preparation of the Local Government Budget based on Regulation of the Ministerof Home Affairs Regulation Number 84 of 2022 Concerning The Guidelines for CompilingThe Local Government Budget for Fiscal Year 2023. However, in its formation in KuantanSingingi Regency the delay in time. Therefore, the purpose of this thesis research is first,mechanism for establishing the draft Local Government Budget for the 2023 KuantanSingingi Regency based on the Minister of Home Affairs Regulation Number 84 of 2022.Second, obstacles encountered in the process. Third, efforts that must be made in overcomingobstacles in the process of forming.This type of research is sociological juridical research. With the research locationtaking place at the Regional People's Legislative Council of Kuantan Singingi Regency andthe Regional Financial and Asset Management Agency of Kuantan Singingi Regency.From the results of the research results it can be concluded. First, mechanism forforming of the draft Local Government Budget of Kuantan Singingi Regency in the 2023 isnot fully in accordance with the Regulation of the Minister of Home Affairs RegulationNumber 84 of 2022. Second, obstacle faced is the internet network and inadequate servers,lack of understanding and weak coordination between regional work units, limited humanresources, and the government's unpreparedness to prepare performance-based budgets.Third, efforts that must be made are making improvements to the Regional Government'sinternet network, increasing human resource development, determining priority scales,synergizing the executive with the legislature in drafting regional regulations on regionalbudgets.Keywords: Compliance, Local Government, Local House of Representative, The Formationof A Draft Local Government Budget
PENERAPAN PERLAKUAN KHUSUS PEREMPUAN DAN ANAK TERHADAP PENANGANAN PERKARA KEKERASAN DALAM RUMAH TANGGA OLEH KEJAKSAAN (Studi Kasus Kejaksaan Tinggi Riau) Windy Putri Priyatmi; Erdianto Erdianto; Erdiansyah Erdiansyah
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

Domestic Violence is a classic problem in the world of law and gender. Eventhough the legal umbrella to protect victims from domestic violence already exists,namely Law Number 23 of 2004 concerning the Elimination of Domestic Violence, thishas not been enough to anticipate this violence, in this case the need for attention andlegal protection, both the government and law enforcement agencies, as well as from thecommunity so that it is expected that everyone who hears, sees, or knows about theoccurrence of domestic violence is obliged to take preventive measures and provideassistance. Actually, what are the causes and what kind of protection for women andchildren victims of domestic violence are regulated in Indonesian positive law.This type of research is sociological legal research conducted at the Riau HighCourt. The data sources used are primary data and secondary data. Data collectiontechniques were carried out by interviews and literature review. The data were analyzedqualitatively which produced descriptive data and concluded with a deductive thinkingmethod.The result of this study is that access to justice is provided through formal andnon-formal channels. Through formal channels, providing access that fully prioritizes theinterests of women and children, in this case the prosecutor's office which plays a veryimportant role. Meanwhile, through informal channels, cases involving women andchildren, both as perpetrators and as victims, can be resolved through customarymechanisms or deliberations. The scope of the Prosecutor's Guideline Number 1 of 2021Concerning Access to Justice for Women and Children in handling this case is thehandling of criminal cases involving women and children who come into contact with thelaw at the stages of investigation, investigation, pre-prosecution, prosecution,examination at trial courts and implementation of court decisions that has obtainedpermanent legal force. Then the obstacles faced by the Attorney General's Office inprotecting women and children victims of domestic violence, namely the facilities tosupport the implementation of Law Number 23 of 2004 concerning the Elimination ofDomestic Violence are inadequate, such as special closed counseling rooms, so that itwill make it comfortable for victims to tell stories .Keywords: Domestic Violence - Attorney.
PELAKSANAAN PERJANJIAN OLEH PT. SANLING SAWIT SEJAHTERA PADA DESA RIMPIAN KECAMATAN LUBUK BATU JAYA KABUPATEN INDRAGIRI HULU Anggun Pratiwi; Mardalena Hanifah; Setia Putra
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

Agreements can be made in written or oral form, and it is not uncommon to findagreements made secretly. Oral agreements occur a lot in social life, oral agreementsare the realization of the principle of consensualism, which comes from the Latinconsensus. This means that in principle an agreement that arises has been born fromthe moment the agreement is reached. The formulation of the problem posed is how toimplement the agreement at PT. Sanling Sawit Prosperous Rimpian Village, Lubuk BatuJaya District, Indragiri Hulu Regency and how the efforts in implementing the PTagreement. Prosperous Sanling Sawit in Rimpian Village, Lubuk Batu Jaya District,Indragiri Hulu Regency.The type of legal research is sociological, which in this research is carried out bygoing directly to the field to collect primary data through interviews with the partiesinvolved in this case, namely Area Supervisor, HRD PT. Sanling Sawit Sejahtera, Headof SPSI, Employee of PT. Prosperous Sawit Sanling, Member of BPD, Head of RT,Community. This research uses a descriptive method. The nature of this research isdescriptive.The result of this research is the implementation of the agreement between PT.Sanling Sawit Sejahtera with the Rintian Village community showed that the agreedagreement was not implemented because the company had defaulted where thecompany should have repaired and maintained the road by providing funds inaccordance with the agreement in the agreement Number: 001/SSS/KT-KA II/VII/2022. Legal efforts in implementing the PT agreement. Sanling SawitSejahtera in Rintian Village, which has been carried out by the community, in the formof initial legal remedies such as demonstrations by placing banners along the roadcontaining rebellion and disappointment from the community. With the damage to roadsand bridges, the community rebelled in the form of demonstrations and the installationof banners along the roads containing anger and disappointment.Keywords: Agreement, Company, Responsibility
PENYELESAIAN KREDIT MACET TERHADAP PERJANJIAN KREDIT PEMILIKAN RUMAH (KPR) DI PT. BANKTABUNGAN NEGARA CABANG PEKANBARU PADA MASA COVID-19 Shelby Susandari; Mardalena Hanifah; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Abstract

Home ownership loan (KPR) is one of the most popular banking products by thepublic. As one way to own a house, mortgages provide many advantages forcustomers, such as ease in paying installments and the ability to own a housequickly. However, on the other hand, mortgages also have a fairly high risk of noanperforming loan. Mortgage noan performing loan is a problem that is often facedby banking companies in Indonesia. This is caused by various factors, one of themain factors is during the Covid-19 pandemic which causes various things such asunilateral layoffs, business failures, and not carrying out credit procedures to thefullest due to lack of human resources. PT. Bank Tabungan Negara PekanbaruBranch is one of the banks that also experienced the problem of mortgage badloans. The purpose of this study was to determine the factors that cause noanperforming loan mortgages in PT.Bank Tabungan Negara Pekanbaru Branch andhow effective settlement of mortgage bad loans.This type of research is sociological, where data obtained through interviews withthe PI. Bank Tabungan Negara Pekanbaru Branch and customers who experiencenoan performing loan at Griya Sakti housing. The housing is domiciled by KPRBank BTN customers since 2014. The researchers took a sample of 8 customers tofind out the factors that cause and how the settlement of noan performing loanexperienced by these customers during the Covid-19 pandemic.The results showed that the factors causing noan performing loan mortgages inPT.Bank Tabungan Negara Pekanbaru branch, among others, are external factorson the part of customers, namely business failures, debtors or debtor spouses whoexperience layoffs, which has increased dramatically during Covid-19. in addition,internal factors from the State Savings Bank, in the form of not maximizingsupervision procedures during the Covid-19 pandemic, which caused Griya Saktihousing mortgage customers to potentially experience noan performing loan. Thesettlement made by the Bank always prioritizes credit rescue first, where the bankwill provide relief to customers to restructure with several previous considerations.The rescue must also be at an early stage and not yet at the time the customer'sstatus is declared noan performing loan, later the customer who restructures willhave a current credit status after carrying out several requirements set by the bank.
ANALISIS YURIDIS KEADAAN YANG MEMBERATKAN TERDAKWA PENGEDAR OBAT ABORSI SECARA ONLINE Andre Suhada Ambarita; Davit Rahmadan; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The rise of online abortion drug dealers today is troubling the public because of their widecirculation due to the ease of creating websites or online advertisements. The abortion drugs areCytotec and Gastrul, hard drugs on the G list (gevaarlijk) which contain misoprostol. The persondistributing the drug should have the expertise and permit and those who obtain and use it musthave a doctor's prescription. Misoprostol is a drug for treating ulcers and unusual stomach ulcersas well as other diseases, but it is often misused for abortion which can cause various health hazardsto cause death to pregnant women and the fetus. In relation to law enforcement through courtdecisions, considerations of aggravating and mitigating circumstances must be included in thesentencing decision as referred to in Article 197 paragraph (1) letter F of the Criminal ProcedureCode (KUHAP) for the accused before the judge renders a sentencing decision. This considerationmust be clear and careful because it can affect the proportionality of the severity of the sentence.However, juridically there is no definition and assessment of this situation, even if one looks backon the objectives and guidelines for sentencing. In every consideration of the aggravatingcircumstances of the accused, online abortion drug dealers have differences in terms of endangeringhealth and disturbing the public. Therefore, the purpose of this thesis research is first, what is theideal consideration of the aggravating circumstances of the online abortion drug dealer and howdoes the inaccurate consideration of the aggravating and mitigating circumstances affect thedefendant in the sentencing decision.This type of research is normative juridical or literature study on secondary data, with a caseapproach, using qualitative analysis methods, then the authors draw conclusions deductively.From the results of the research problem there are two main things that can be concluded.First, considering the aggravating circumstances of defendants who sell abortion drugs online, theyshould consider that the actions of each defendant endanger the health of others and disturb thecommunity. Second, inaccurate consideration of the circumstances and aggravating the defendantcan affect the proportionality of the severity of the sentence. The author's suggestion in this researchis first that judges who try and decide criminal cases are always more careful and thorough inassessing the aggravating and mitigating circumstances of the defendant before imposing asentencing decision. Second, it is hoped that inaccurate considerations of aggravating andmitigating circumstances in the future can be minimized by looking at the two conditions in abalanced and intact manner.Keywords: Dealer-Abortion Drug-Misoprostol-Aggravating and Mitigating Circumstance
PENYELESAIAN SENGKETA PERALIHAN TANAH ULAYAT DI DESA SIGAPITON, KECAMATAN AJIBATA, KABUPATEN TOBA Vivianne I R Nadeak; Maryati Bachtiar; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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The Regional Regulation of North Sumatra Number 5 in 2018 concerning the North Sumatra TourismDevelopment Master Plan from 2017-2025, in clause 17 letter b says that Sigapiton Village is one of thetourism development areas of North Sumatra. And in 2017 the State represented by the RegionalGovernment of Toba Regency built a tourist area called The Kaldera Toba on the Customary Land ofSigapiton Village. The government said that their customary land had been transferred by the ancestors ofSigapiton Village in 1952 to the State and had become State land in that year. The people of SigapitonVillage asked for documents on the transfer of their customary land but the Regional Government of TobaRegency could not show the documents on the transfer of their customary land to the State. The purpose ofthis research is to resolve the problem of the transfer customary land with the state, where the Sigapitonvillage community wants their rights of their Customary land back so they could manage it and staterecognizes the existence of their customary land so there is no more disputes between the Sigapiton villagecommunity to state and state to another village community.The method that used in this research is Sociological can be research that could see the correlationbetween law and society, so as to reveal the effectiveness of the enactment of law in society and identifyunwritten laws that apply to society. This research was conducted in Sigapiton Village, Toba Regency. Thesources of data that used are primary data and secondary data, with data collection techniques in this studyare observation, questionnaires, interviews and literature review.The result of the author's research is that the Sigapiton Village Community had negotiated with thegovernment. In terms of the first negotiation and second did not produce any results. And in the thirdnegotiation, the government promised to gave back the Customary Land of the Sigapiton Village Community ofabout 400ha. The approximately 400ha should be returned in a clear legal status that had certificate ofreturned land with clear boundaries by National Land Agency (BPN).Keyword: Transition, Customary Land, Dispute Settlement.
TINJAUAN YURIDIS KEWENANGAN BADAN PENYELESAIAN SENGKETA KONSUMEN DALAM PENYELESAIAN SENGKETA KONSUMEN (Studi Putusan Nomor 523 K/Pdt.Sus-BPSK/2020) Tiara Aoura Sari; Maryati Bachtiar; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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The norms in consumer protection law are the consumer protection lawsystem as an "umbrella law" which becomes the criteria for measuringallegations of violations of consumer rights, which were originally expected byall parties to be able to provide solutions for resolving cases that arise. as theimplementation of the law. It turned out that in its application there was animbalance and caused confusion for the parties involved in the implementationprocess, especially when the role of the court was entered in examining objectioncases to the Consumer Dispute Settlement decision which experienced manyobstacles caused by aspects related to the Civil Procedure Code. It must beadmitted that the regulation on Consumer Dispute Settlement authority is stillnot well-organized because it is still here and there and causes problems bothfrom a theoretical and implementation perspective in the field.This type of research can be classified as normative legal research,because the research is conducted by examining library materials or secondarydata. The data sources used are primary data, secondary data, tertiary data,data collection techniques in this study are normative law, data analysis usingdescriptive analysis.The results of the research conducted by the author are the authority of theConsumer Dispute Settlement Agency based on Law Number 8 of 1999concerning Consumer Protection, namely handling and resolving consumerdisputes which are carried out by means of mediation, consulation andarbitration. Decision of the Supreme Court Number 523 K/Pdt.Sus-BPSK/2020reviewed based on Law Number 8 of 1999 concerning Consumer Protection isthat the Consumer Dispute Settlement Agency as an institution mandated toresolve consumer disputes outside the court does not carry out its duties andauthorities properly based on Law Number 8 of 1999 concerning ConsumerProtection because what is under the authority of the Consumer DisputeSettlement Agency is an unlawful act, not a civil dispute.Keywords: Juridical Review, Consumer Protection, BPSK Authority
PENYELESAIAN SENGKETA GANTI RUGI LAHAN SERTIFIKAT HAK MILIK NOMOR 00471 PADA PTOYEK JALAN TOL PEKANBARU-PANGKALAN Meltiani Br. Pardede; Maryati Bachtiar; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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In the implementation of the use of land in Indonesia regulated in Article 33paragraph (3) of the 1945 Law, the article explains that everything regarding naturalresources including land that is within the territory of Indonesia means that it is controlled,regulated, managed and distributed by the state or government with all its managinginstitutions to be used for the prosperity or welfare of the Indonesian people as a whole.The research method used in this study is the Sociological method. The research wasconducted in Silam Village, Kuok sub-district, Kampar Regency and the Kampar RegencyNational Land Agency Office which were the objects of this research case. Then thepopulation and sample are several parties related to the problem under study, as well as datasources used primary data and secondary data. Data collection techniques in this study wereinterviews and literature review.The conclusions obtained from the results of this study are First, based on the factorscausing the delay in compensation costs on the land title Certificate No. 00471 for thePekanbaru-Pangkalan toll road project, it is hoped that the National Land Agency is theagency authorized for land acquisition, so checking and determining the location must becarried out with accuracy regarding the data so as not to cause problems. Second, it is hopedthat in land acquisitions by determining for the public interest, including the interests of thenation and the state as well as the common interests of the people, land rights can berevoked, by providing appropriate compensation according to the manner regulated by law.Keywords: Dispute Resolution, Compensation, Non Litigation.

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