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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
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PEMERIKSAAN ALAT BUKTI DALAM PENETAPAN TERSANGKA BERDASARKAN PUTUSAN MAHKAMAH KONSTITUSI NOMOR 21/PUU-IV/2014 DIPERSIDANGAN PRAPERADILAN DIKAITKAN DENGAN TUJUAN PRAPERADILAN Desliza Amalia Wibowo; Davit Rahmadan; Syaifullah Yophi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Pretrial in Indonesia has been regulated through Law Number 8 of 1981 concerningthe Code of Criminal Procedure. Pretrial institutions are intended to test the lawfulness orlawfulness of an arrest and/or detention, the lawfulness of stopping investigations or stoppingprosecutions, and requests for compensation or rehabilitation, so that law enforcementofficials are not arbitrary in carrying out their duties. Over time the authority of lawenforcement then increased with the birth of Constitutional Court Decision Number 21 / PUU-IV / 2014, the decision stated that the authority of pretrial institutions included also in termsof testing the validity or not of the determination of a suspect someone. So that pretrial courtjudges must then focus the examination process on evidence, which is then used as a guidelineto assess whether the actions of law enforcement officials in the investigation and prosecutionstage are legitimate or not someone is determined to be a suspect. However, in fact there is noconsistency in the decisions of pretrial judges where in some cases evidence is tested forrelevance and in some cases the judge does not test it or can be mentioned as long as there aretwo pieces of evidence alone are enough to establish a person as a suspect Therefore it needsto be studied stimulantly first, b How is the implementation of cases in pretrial trials in theexamination of evidence in the determination of suspects based on the decision of theConstitutional Court Number 21 / PUU-IV / 2014, second, the ideal formulation of theexamination of evidence in the determination of suspects at pretrial hearings in Indonesia.This research is a normative legal research or known as legal research, namely byexamining literature materials (secondary data) that have a relationship with the problemsstudied assisted by primary, secondary and tertiary data. This study used qualitative dataanalysis that elaborated descriptively from the data obtained.From the results of the study, it was concluded that, First, the implementation of theConstitutional Court decision Number 21 / PUU-IV / 2014 is the absence of procedures fromjudges in deciding pretrial cases where in some cases the judges check the validity or relevanceof evidence and some do not check, Second, It is necessary to reform the criminal law byformulating an ideal concept for the face of Indonesian pretrial related to the obligation ofjudges to examine the relevance of evidence and the obligation to examine potential suspects.Keywords: Pretrial – Evidence – Suspect Determination
GAGASAN OPTIMALISASI KONSEP OTONOMI DAERAH SELUAS- LUASNYA DI NEGARA KESATUAN REPUBLIK INDONESIA M. Ar Huzaifi Samani; Mexsasai Indra; Zulwisman Zulwisman
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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In the implementation of regional autonomy that uses the principle of decentralization,in fact it does not apply optimally. For example, the state budget provided by the centralgovernment with the aim of increasing the level of economy and welfare for the people ineach region. This is based on the provisions of Law 33 of 2004 concerning FinancialBalance between the Central Government and Regional Governments. Where in this caseit is stated that the regional government is obliged to deposit regional wealth that has beenobtained to the central government even from the results of natural wealth owned by thearea. Especially in the reality on the ground that the independence of each region to getthe word prosperous is very far from what was expected.It is the unclear format of regional autonomy that makes the central governmentimplement an excessive centralized system (overcentralization). Excessive centralizationhas destroyed the government system created by the New Order, the destruction of the NewOrder government through the reform movement has confirmed the intention of theIndonesian people to create a just and prosperous nation. Regional natural resources areexploited by the center and given unfairly and not transparently, regional privileges areundervalued and even generalized by the Central Government. The reform movement,which brought fresh air of democracy, has inspired some people to create an Indonesianstate structure within the framework of Federalism, this is in view of the emergence of thethreat of disintegration that has occurred as a result of the centralized system of unitarystate government and the many demands of regional governments for independence, suchas Papua, and others.This research will examine the main issues according to the scope and identificationof problems through a normative juridical approach. Based on normative researchmethods, the data sources used in this study are secondary data sources which consist of 3legal materials, namely: primary legal materials, secondary legal materials, and tertiarylegal materials. Data collected from literature studies.Keywords: The Idea of Optimization - Concept - Regional Autonomy - As Wide asPossible - The Unitary State of the Republic of Indonesia
PENGELOLAAN HUTAN RIMBO TUJUH DANAU OLEH MASYARAKAT HUKUM ADAT DI DESA BULUH CINA KECAMATAN SIAK HULU KABUPATEN KAMPAR Annisya Milenia Ramadhani; Hayatul Ismi; Evi Deliana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Customary forest is a forest that is in the territory of customary lawcommunities and is a high heritage and is jointly owned by the adat community.Buluh Cina Village Tourism Forest is a customary right or what is called the RimboSeven Lakes Customary Forest which is managed by the Indigenous People ofBuluh Cina Village together with the Traditional Institution of Buluh Cina Village,Siak Hulu District, Kampar Regency. The Buluh Cina Village Government and thecommunity should be able to work together in protecting the existing customaryforest. The purpose of this thesis research is first, to find out the management ofthe Rimbo Tujuh Danau Customary Forest by the customary law communitythrough its existence in Buluh Cina Villageand to find out what are the obstacles inmanaging the Rimbo Tujuh Danau Customary Forest by the customary lawcommunity in Buluh China Village.This type of research is sociological legal research conducted in Buluh CinaVillage, Siak Hulu District, Kampar Regency, Riau Province. By using primary,secondary and tertiary data sources. Data collection techniques with interviewsand library research. Data processing was carried out qualitatively, namely datapresented in the form of discussions and presented in sentences.The results of this study indicate that the management of the Rimbo TujuhDanau customary forest by indigenous peoples through their existence in BuluhCina Village is known to have implemented customary regulations to preserve thecustomary forest they own. To maintain this existence, the people who live in theRimbo Tujuh Danau Customary Forest area carry out activities such as Maawuo(Fishing), Maintaining Forests, Maintaining Lakes, Using Traditional FishingEquipment and Using Fruit Trees and Medicinal Plants. Obstacles in themanagement of the Rimbo Tujuh Danau Customary Forest by the customary lawcommunity in Buluh Cina Village include land clearing without permits in theRimbo Tujuh Danau Customary Forest area, Extraction of timber and non-timberforest products such as illegal logging and hunting, The potential for forest fires.Keywords: Customary Law, Customary Forest, Buluh Cina Village
MODEL PENYELESAIAN PELANGGARAN PENANGKAPAN IKAN MENURUT HUKUM ADAT MASYARAKAT MANTULIK HALIMAH NOVITA SARI; Erdianto Erdianto; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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The culture of modern society is now intended by social deviations in thewater area, that is, people catch fish by bombing usin0scng dynamite, electrocution,and using cyanide chemicals used in the sea. Meanwhile, in the river, fish are caught bytuba / mutas fish and catching fish by electrocution. The above methods are contrary totraditional wisdom in managing, utilizing the environment. Today's society has amindset that only attaches importance to the current life. But it does not attachimportance to the future lives of posterity, so in taking advantage of this nature they arearbitrarily destructive. So that the original face of nature and culture loses itsidentity by human actions. Something similar happened in Mentulik Village,Kampar Kiri District, Kampar Regency. Where Mentulik Village is one of thevillages flowing by the left kampar river.The objectives in this thesis research are: First, How the settlement modelcarried out by indigenous peoples determines fishing violations, Second, What are theobstacles faced in carrying out fishing violations. This type of research is classifiedas a type of Sociological Juridical research. This research was conducted inMentulik Village, Kampar Hilir City District, Kampar Regency, while thepopulation and samples in this study were all parties related to the problem studied.The data sources used are primary data, secondary data and tertiary data. Datacollection techniques in this study are interviews, observations and literature studies.Based on the results of research, the resolution of fishing violations accordingto customary law of the mentulik community is more effective because the sanctionsgiven are adjusted to the socioeconomic conditions of the perpetrators and consideringthe problem of overcapacity that occurs in Indonesia. Customary law also emphasizesthe value of kinship where big problems are minimized and small problems areeliminated, customary law also ensures that problems that have been resolved in acustomary manner must be completely resolved and no longer in question in thefuture.Keywords: Settlement- Fishing- Sanctions- Customary Law.
IMPLEMENTASI PELAYANAN PUBLIK BAGI PASIEN BPJS KESEHATAN DI RSUD DR. RM PRATOMO KOTA BAGNSIAPIAPI KABUPATEN ROKAN HILIR Pegi Melati Br. Sembiring; Dessy Artina; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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It can be said that the implementation of public services for patients withBPJS health insurance at RSUD Dr. RM Pratomo is good, but it has not reachedthe minimum service standards expected based on Rokan Hilir Regent RegulationNumber 35 of 2018 concerning Service Standards for the Regional GeneralHospital dr. RM Pratomo Bagansiapiapi City. The main problems in this studyare: How is the implementation of public services for BPJS patients at RSUD Dr.RM Pratomo, Bagansiapiapi City; what are the supporting and inhibiting factorsin the implementation of public services provided by the hospital to patients; andwhat efforts have been made by the hospital to improve the quality of publicservices to make it better. This type of research is a type of sociological legalresearch carried out at Dr. RM Pratomo Hospital, Bagansiapiapi City, the datasources used are primary data sources and secondary data sources. Datacollection techniques carried out in this study were observation, interviews,questionnaires and literature. Data were analyzed using qualitative methodswhich produced descriptive data and were concluded with deductive thinkingmethod.The results showed that the implementation of RSUD Dr. RM Pratomo canbe said to be good, but has not reached the expected minimum service standards.One of the supporting factors in the implementation of services is the existence ofbudgetary assistance from the government, education and training of humanresources and so on. In addition, the inhibiting factors can be in the form offacilities and infrastructure, low public knowledge regarding the BPJS flow, andthe large number of patients seeking treatment. Therefore, the efforts made are tomaintain and complete the facilities and infrastructure, patient family violence,and socialization related to the health BPJS flowKeywords: Implementation of public - Health BPJS –RSUD Dr. RM Pratomo
KEDUDUKAN SURAT KEPUTUSAN BERSAMA LEMBAGA PEMERINTAHAN DALAM SISTEM HUKUM INDONESIA (Studi: Surat Keputusan Bersama Tentang Pedoman Implementasi Undang-Undang Informasi dan Transaksi Elektronik) M. Farhan Rynaldi; Emilda Firdaus; Zainul Akmal
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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The government made Law Number 11 of 2008 and then revised it with Law Number 19of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information andElectronic Transactions as a response to developments in the field of technology andinformation. This aims to fill the legal vacuum for the development of criminal acts incyberspace or social media. Meanwhile, the implementation of the Information and ElectronicTransaction Law has caused unrest in society due to the existence of several rubber articles inthe Law. So that as the government's response to this problem, the government formed a JointDecree on Guidelines for the Implementation of the Electronic Information and TransactionLaw. So with this SKB it is hoped that there will be no more multi-interpretations. However,this SKB has sparked debate in the Indonesian legal system regarding the legality of makingthe SKB as well as regarding its implementation. Because how is it possible for a legal productin the form of an Act to be locked up by an SKB as if this SKB has super power that canoverpower the Act.This type of research can be classified into the type of normative legal research relatedto the position and nature of the norms of joint decrees that are linked in the hierarchy of lawsand regulations. Then use data sources from primary, secondary and tertiary legal materialsby conducting literature studies in collecting data and using qualitative analysis methods inprocessing data and drawing conclusions.From the results of the research problem there are two main things that can beconcluded. First, the Joint Decree does not have a position in the hierarchy of Article 7 LawNumber 12 of 2011 Concerning the Formation of Legislation. Then, when viewed from Article8 Paragraph (1) regarding the Joint Decree on Government Institutions ConcerningGuidelines for the Implementation of the Information and Electronic Transactions Law, afterthe author conducted a study, it turns out that there is not a single law ordering the JointDecree to be made to the Chief of Police, Kajagung, and the Minister of Communication andInformatics as well as in terms of their authority. Second, it is necessary to review the JointDecree, because it is hoped that in the future the joint decree can become an alternative lawbefore a law is formed to overcome existing legal problems. Of course, no longer as a JointDecree but as a Joint Regulation.Keywords: Joint Decree, decision (beschikking), regulation (regeling)
PERTANGGUNGJAWABAN NEGARA PENGIRIM ATAS PENYALAHGUNAAN HAK KEKEBALAN DAN KEISTIMEWAAN OLEH PEJABAT DIPLOMATIK (STUDI KASUS PERBUDAKAN MODERN TERHADAP IMIGRAN FILIPINA OLEH PEJABAT DIPLOMATIK ARAB SAUDI DI INGGRIS) Juanito Stevanus; Maria Maya Lestari; Evi Deliana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Immunities and privileges of change offices aim to support performance and to avoidintervention from parties. Being unable to be arrested and immune from the power of law,whether criminal, civil law, or administrative law, is a form of impunity for destruction. Inthis thesis the case of protecting the rights of protection that occurred in England involvedthe replacement of a Saudi Arabian gun named Khalid Basfar. The official who overlaid ithad protected his right of immunity for exploiting his right to licence and traffic in humanbeings to his domestic worker named Josephine Wong. The domestic worker from thePhilippines also did not receive her wages while working at Basfar's residence. Freedom toprotect protections like this makes it necessary for the sending country to take legalresponsibility for the reduction.The research method used in this research is normative legal research. This researchis library law research. The focus of the discussion of this research is related to legalprinciples. The data sources used are primary, secondary and tertiary legal sources. In thislegal research, researchers use a case approach which will examine the 1961 ViennaConvention on Diplomatic Relations, the 1961 Vienna Optional Protocol, to the 2000Palermo Protocol on Trafficking in Persons.The result obtained is that there is an urgency for the responsibility of the sendingcountry in responding to the issue of securing immunity which can create better relationsbetween the receiving country and the sending country and the victim country. The forms thatare expressed in simple terms are the responsibility of the sending country, both in the formof recalling and removing the immunity from restrictions. This research also describes thelegal remedies that can be taken by the receiving country and the victim country.Keywords: Diplomatic Immunity, Slavery, State Accountability
PENGARUH JABATAN TERHADAP PERLAKUAN PENANGANAN KASUS PIDANA Dwi Anggun Pratiwi; Erdianto Erdianto; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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A criminal act is an act that is prohibited by a rule of law, in which this prohibitionis accompanied by threats (sanctions) in the form of certain penalties for anyone whoviolates the prohibition. Criminal responsibility is a legal responsibility imposed onsomeone for mistakes or consequences of their actions. personally. Related to the subjectof crime needs to be explained, criminal responsibility is personal. That is, whoevercommits a crime, he must be held responsible, as long as in that person there is no basisfor abolishing the crime. The problem of law enforcement morality from time to time isstill a relevant issue to be discussed, because what is presented by the mass media isoften paradoxical.The type of research used in this research is normative legal research. In thisnormative study, law is conceptualized as what is written in statutory regulations or rulesor norms which are standards of human behavior that are considered appropriate. Incollecting this data using normative legal research techniques (legal research) usedmethods of literature review or documentary studies. Literature study is a data collectiontechnique by conducting a review study of books, literature, records and regarding casesthat occurred based on the problems above. Library materials can be either primary orsecondary materialsThe author concludes that the influence of position on the treatment of criminalcase handling is how the nature of law enforcement professionalism which in a generalsense means the ability and ability of a person to carry out a task because it is supportedby skills and expertise. Legal action against positions resulting in the handling ofcriminal cases in Indonesia is an abuse of authority and a violation of the code of ethicsof the legal profession, so that all legal professionals who are proven to have violated thecode of ethics of their profession can be followed up according to their profession. Inaddition, the author also provides suggestions, namely: There is a need for functionalcooperation between law enforcement agencies to conduct training for law enforcementofficials and whatever happens, the legal process remains in accordance with what hasbeen promulgated and in accordance with the procedures..Keywords: Accountability, Crime, Position.
PEMBATALAN PERJANJIAN KERJASAMA ANTARA WEDDING ORGANIZER DAN PENGGUNA JASA PADA MASA PANDEMI COVID-19 (STUDI PADA MELAKA WEDDING DI PEKANBARU) Oryza Nurul Herliza; Firdaus Firdaus; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Pandemic covid-19 that hit Indonesia afect business in economy, that pandemic causingdelays in fulfillment of perfrmance. And the things that be a major problem in this finalassignment is the dispute between Melaka Wedding Organizer and the service user that happenbecause circumstance that cause by pandemic covid-19, this makes Melaka Wedding Organizercan’t do their perfrmance because obstructed by PSBB that issued by the gvernment to preventspread pandemic covid-19. The purpose of writing this final assignment is to know the causativefactor of concellation of cooperation agreement, to know how the concellation of cooperationagreement between Melaka Wedding Organizer and the service user during a pandemic covid-19.The type of study in this writing is sociological legal research, study about law thatobserve what is the characteristics of cmmunity behavior in a regon of social life. The datacollected by interview as the data source and infrmation, interview were conducted in person inthe Melaka Wedding Organizer.From the studr there are 2 major thing, first the causative factor of concellation ofcooperation agreement between Melaka Wedding Organizer and the service user during apandemic covid-19 such as pandemic, termination of employment, execution time already notright. Second, settlement form of concellation of cooperation agreement between MelakaWedding Organizer and the service user during a pandemic covid-19. The concellation ofagreement is done using good intention in accordance with chapter 1338 paragraph 3Indonesian Civil Code by deliberation the way agreement between Melaka Wedding and theservice user in chapter 5 then clarified in description section of concellation of agreementMelaka Wedding letter.Keyword: Concellation of Agreement, Wedding Organizer, Pandemic Covid-19
Penerapan Putusan Serta Merta (Uit Voerbaar Bij Voorraad) Terhadap Perkara Perdata Pada Pengadilan Negeri Pekanbaru Kelas I A. Geremy Joy N; Mardalena Hanifah; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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The judge's decision aims to resolve a dispute, the litigants have the option to submit anapplication for an immediate decision (Uitvoerbaar Bij Voorraadd) and efforts to make ithappen are regulated in Article 180 paragraph (1) HIR/Article 191 paragraph (1) Rbg,even though the Pekanbaru District Court Class I A often accepts requests for judgmentsimmediately (Uitvoerbaar Bij Voorraadd), but very rarely grants them. Immediateapplication of decisions (uit voerbaar bij voorraad) in civil cases in Register Number:26/Pdt.G/2012/PN.PBR and civil cases register number: 116/Pdt.G/2013/PN.PBR at thePekanbaru District Court Class 1A.This type of research can be classified into the type of sociological research, with theresearch location taking place at the Pekanbaru District Court Class IA, while thepopulation and sample are all parties related to the problem under study. This study usesdata sources in the form of primary data and secondary data, and data collectiontechniques are carried out by interviews.From the results of the study, there are two main things that can be concluded, firstly theapplication of an immediate decision (Uitvoerbaar Bij Voorraad) at the PekanbaruDistrict Court has clearly been effective and relevant to be guided by developments in theworld of justice, because before deciding an immediate decision, every condition has beenfulfilled in accordance provisions of the Supreme Court Circular Letter Number 3 of 2000Concerning Immediate Decisions (Uitvoerbaar Bij Voorraad) and Provisional andSupreme Court Circular Letter Number 4 of 2001 concerning Issues of ImmediateDecisions (Uitvoerbaar Bij Voorraad) and Provisionil. Decisions can immediatelybecome guidelines for judges to settle cases that cannot be executed because they do notinclude a commendator's order in their decision. Second, the obstacle to the granting ofan immediate decision (Uitvoerbaar Bij Voorraad) according to the materialrequirements lies in the discrepancy between the case and the facts of the trial, becausemany cases that ask for an immediate decision (Uitvoerbaar Bij Voorraad) tend not tomeet the requirements set by SEMA, because most cases are in court Pekanbaru State, didnot prepare the conditions needed to grant the decision immediately (Uitvoerbaar BijVoorraad). Formal obstacles when one of the seven requirements is met, the judge isinstructed not to decide the case immediately, but first to consult the chairman of the highcourt and the chairman of the district court, although this procedure tends to limit theindependence of judges, this is in accordance with the principle of prudence alwaysemphasized by the Supreme Court of the Republic of Indonesia in handling cases forwhich an immediate decision is requested (Uitvoerbaar Bij Voorraad).Keyword : Dispute, Civil Case, Implementation of Immidiate Verdict.

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