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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
TINJAUAN HUKUM TERHADAP PERBUATAN MENGHALANGI OJEK ONLINE YANG DILAKUKAN OLEH BECAK MOTOR DI PEKANBARU Asri Indri Rahmadani; Firdaus Firdaus; 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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Unfair business competition is competition between business actors in carrying outproduction and or marketing activites of goods or services that are carried out in a dishonestor unlawful manner or impede business competition. Unfair business competition occursbetween online motorcycle taxis and motorized trishaws in the Tuah Karya sub-district.Where there is a ban between online motorcycle taxis and rickshaws which are prohibitedfrom taking passengers along the Suka karya road. Prohibit online motorcycle taxis frompicking up passengers if they are caught by motorized tricycles,online motorcycle taxis areobliged to drop off customers from the online motorbike taxis. The purposeof writing thisthesis:first to find out how the act of blocking online motorcycle taxis by motorized trishawsin Pekanbaru occurred. Second,what are the regulatory efforts that can be made so that theact of blocking motorcycle taxis from online motorcycle taxis does not occur in Pekanbaru.The approach to writing this research was carried out sociologically. Sociological,which means reviewing the state of the problems that exist in the field associated with thelegas aspects that apply and regulate these problems. This research was conducted in theTuah Madani sub-district, the Tuah Karya sub-district, namely at the crossroads of SukarKarya,Panam Pekanbaru. Sources of data used are primary data, secondary data andtertiary data with data colletion techniques by means of interviews,questionnaires andliterature review.From the results of research conducted it can be concluded. First, the motorizedrickshaws prevented online motorcycle taxis from picking up passengers in the Tuah Karyavillage because of several factors and the opinion of motorized rickshaws had decreased,many motorized rickshaws had become extinct due to online motorcycle taxis, so that's whymotorized rickshaws took action to block the online motorcycle taxis. Second, regarding fairbusiness competition, motorized rickshaws should be given more good guidance not to makepolicies unilaterally and to make special regulations regarding rights and obligations thatshould be.Keywords :Unfair Business Competition - Online Motorcycle taxis - Obstructive actions
ANALISIS YURIDIS TERHADAP PEMBERIAN HAK PISTOLE BAGI TERPIDANA BUKAN KURUNGAN DALAM LEMBAGA PEMASYARAKATAN DI INDONESIA Zainal Bahri; Erdianto Erdianto; Ledy Diana
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 law is expected to be able to protect the rights that should be given tocitizens who are carrying out the imprisonment criminal liability process. Thispunishment of imprisonment is also a form of crime of deprivation of liberty, butthis punishment of confinement is lighter in some respects than imprisonment.Similar to imprisonment, imprisonment is also a crime in the form of limiting thefreedom of movement of a convict which is carried out by closing that person in acorrectional institution. There are privileges for convicts who carry outimprisonment, convicts have gun rights, namely at their own expense they can seekconveniences for their lives while in correctional institutions, for example takingcare of food and or sleeping equipment through correctional officers In theCriminal Code (KUHP), the right to a gun is emphasized in Article 23 which reads:“A person in prison may improve his fate at his own expense.This research is included in the category of normative legalresearch/approach. Namely research that is focused on examining the applicationof the rules or norms in positive law. In collecting data for normative legalresearch, the library research method is used which includes studies by reviewing,analyzing and analyzing information obtained from various literature such asbooks, legislation, scientific papers, the internet and other sources, in terms of Inthis case, a researcher is required to be observant and precise in finding data thatis related to the subject matter.The author concludes that, the granting of Pistole rights or special rights isa right owned by a prison convict in the form of certain facilities; for example abed, or own food and medicine. Pistole rights are only owned by convicts in prison,while those who are sentenced to prison terms do not have that right. And 2.Regarding the obstacles faced in law enforcement granting gun rights to convictsin social confinement, namely: the human resource factor, the lack of facilitiesfactor and the community's legal awareness factor.Keyword : Provision, Gun right, Confinement.
MODEL PEMBIAYAAN MUDHARABAH PADA PINJAMAN MODAL MELALUI APLIKASI OLEH PT AMARTHA MIKRO FINTECH Sukma Putri Dertiyana; Maryati Bachtiar; Meriza Elpha Darnia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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PT Amartha Micro Fintech comes with the aim of increasing UMKMthrough a group of underprivileged women by providing financing services aimedat business capital. The financing provided by Amartha to the underprivilagedwoman’s group uses sharia principles with a mudharabah. In Beringin MakmurVillage, especially the Amartha Beringin assembly, only 5 out of 30 customerscarry out their obligations using financing for business capital, even though thisprovision has been stated in Article 1 paragraph (4) of the Funding Agreement –Special Requirements of PT Amartha Micro Fintech, Article 1paragraph (11) ofLaw Number 20 of 2008 Concerning Mikro, Small, and Medium Enterprises, andNational Sharia Council Fatwa on Mudharabah (Qiradh).This type of research is empirical juridical research, while the pupulationand sample are PT Amartha Micro Fintech Pangkalan Kuras Branch and thecustomers of the Amartha Beringin assembly in Beringin Makmur Village. Thepurpose of this research is to find out the obligation of customers to use thefinancing received as business capital which aim to increase Micro, Small, andMedium Enterprises (UMKM).The conclusion of this research is the obligation of PT Amartha MicroFintech customers, especially the Amartha Beringin assembly, has not beenmaximizes due to several factors from the customer’s side as well as from the sideof field officers. The weak economic situation of customers is one of the obstaclesfor customers to establish a business through capital loans given and the largetarget that must be achieved by field officers also result in giving loans tocustomers even though they do not meet their obligations optimally. The author’sadvice for customers is given socialization related to rights and obliggations aswell as literacy to improve the business that is being run and balanced withregular monitoring of customers after the disbursement of financing.Keywords: Model – Mudharabah Financing – Application – Capital Loan.
PENGATURAN TERHADAP PELAKU PROSTITUSI MENGGUNAKANAPLIKASI MICHAT DALAM HUKUM PIDANA INDONESIA Farhan Hevin Pratama; Davit Rahmadan; Sukamarriko Andrikasmi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Online prostitution is a practice of prostitution that uses internet social media as a means ofcommunication or a liaison between commercial sex workers (PKS), pimps and their users. Socialmedia that is often used by commercial sex workers and pimps recently is MiChat social media.MiChat is a private messaging application as well as group messaging, sharing photos,videos and voice messages. MiChat has an excellent feature, namely People Nearby where userscan find new friends based on the closest location. This feature is often misused by commercial sexworkers (PSK), and pimps in carrying out the criminal act of online prostitution. In a sense, thisapplication can connect a person with people whose location is nearby, that is, within a certainradius, by presenting a profile photo and location distance, so that service users are not difficult tofind prostitution service providers that suit their tastes. The offer of commercial sex services bycommercial sex workers is carried out via chat on the MiChat application.Not only that, online prostitution activities in the MiChat application will further develop ifthe parties involved in the practice of misusing the MiChat application as a means of onlineprostitution crime are not given appropriate punishments according to the actions they havecommitted, then they will continue to repeat them and always feel safe. from legal bondage.Therefore, a firm legal policy is needed in handling online prostitution cases in the MiChatapplication for parties involved in this practice, with the aim of obtaining an effective solution inhandling these cases.This research will examine the main issues according to the scope and identification ofproblems through a normative juridical approach. Based on normative research methods, the datasources used in this research are secondary data sources which consist of 3 legal materials,namely: primary legal materials, secondary legal materials, and tertiary legal materials. Datacollected from literature studies.Keywords: Regulation - Prostitutes - Michat Application - Indonesian CriminalLaw
ANALISIS YURIDIS PUTUSAN HAKIM TERHADAP OKNUM APARAT KEPOLISIAN YANG MELAKUKAN TINDAK PIDANA NARKOTIKA Regita Triana Aulia; Mukhlis R; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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This narcotics problem has reached an alarming level, the distribution of narcotics inIndonesia has a tendency to increase and it is very unfortunate that narcotics users anddealers are currently being carried out by law enforcement officials, one of which is membersof the police. Based on Article 13 of Law Number 2 of 2002 concerning the Police, one of theduties of the police is to enforce the law, especially in eradicating narcotics, but the fact isthat there are still police officers who are involved in this narcotics crime, therefore thepunishment given must be heavier than ordinary people . However, the verdict handed downby the judge even imposed a sentence below the minimum limit. The existence of the judge'sdecision is very influential on justice. The purpose of this study is to find out and analyze thebasic considerations of judges against police officers who commit narcotics crimes andformulate ideally the imposition of criminal sanctions given by judges to police officers whocommit narcotics crimes for the future.The type of research that will be used in this research is normative juridical in nature,the source of the data used is secondary data obtained through library materials consistingof primary, secondary and tertiary legal materials. In collecting data for research usedlibrary research methods. This research also used qualitative data analysis and produceddescriptive data using deductive thinking methods.From the results of the research, First, the basis for the judge's consideration of thepolice officers who commit narcotics crimes is described based on juridical and non-juridicalconsiderations. In this case the judge is also guided by SEMA Number 3 of 2015 concerningEnforcement of the Results of the Plenary Meeting of the Supreme Court Chamber of 2015 asa Guideline for the Implementation of Tasks for the Court to become the basis for the panelof judges in imposing below minimum sentences in decisions related to police officers whocommit narcotic crimes. Second, Ideally, the imposition of criminal sanctions given by judgesto police officers who commit narcotics crimes for the future in Law Number 35 of 2009concerning Narcotics requires rules regarding the weighting of special penalties given to lawenforcement officials who become users or dealers of narcotics with impose criminalsanctions on users and dealers with an additional 1/3 (one third) imprisonment consideringthat these perpetrators are police officers who are supposed to enforce the law.Keywords: Narcotics Crime - Police Officers - Judges Decision
PENERAPAN APLIKASI E-COURT DI PENGADILAN TATA USAHA NEGARA (PTUN) PEKANBARU DITINJAU DARI ASPEK PELAYANAN PUBLIK Bayu Alif Altarikh; Gusliana HB; Zulwisman Zulwisman
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Based on PERMA No. 1 of 2019 concerning Electronic Administration of Casesand Trials in Courts in Article 1 Number 7 states that electronic trials are a series ofprocesses of examining and adjudicating cases by courts carried out with the support ofinformation and communication technology. In this case, the community expects benefitsin implementing or enforcing the law. Because law is for humans, the implementation oflaw or law enforcement must provide benefits or uses for society. The implementation ofE-Court in the Court must provide benefits and convenience in its use, so that the publiccan feel the convenience of public services provided by the Court using this E-Court. Thepurpose of this research is to find out the extent of public service at the StateAdministrative Court in Pekanbaru.The type of research used is sociological legal research. As for the population inthis study are the Chairperson of the Pekanbaru State Administrative Court, the Registrarof the Pekanbaru State Administrative Court, the Pekanbaru State Administrative CourtJudge; Parties Seeking Justice. The research location is at the Pekanbaru City StateAdministrative Court. Data collection techniques using interviews, and literature, withqualitative data analysis.However, the implementation of E-Court still has several drawbacks. First, everyjustice seeker must be able to use existing E-court applications and these electronicdevices must be connected to the internet such as laptops, computers and smartphones.Second, when the application in court itself is disrupted, such as when the application isbeing maintained or the internet or power failure. So electronic registration of cases orE-court cannot be carried out. Third, at the time of the trial, only those registered withthe account who can see the E-court application can see the account at the court, that is,at the time of registration, the one who can see the trial program, if that party forgets theaccount, the trial program cannot be seen by other people.Keywords: State Administrative Court – E-Court -Public Service
PENGARUH VIRALNYA KEJAHATAN DI MEDIA SOSIAL TERHADAP PENEGAKAN HUKUM PIDANA DILIHAT DARI ASAS EQUALITY BEFORE THE LAW Muhammad Fikri; Erdianto Erdianto; Davit Rahmadhan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Crimes that go viral on social media have an impact on law enforcement, many crimecases that go viral on social media are starting to be highlighted by law enforcement, the lackof response by law enforcement to viral cases makes the public angry so that the lack of a senseof justice that people feel causes hashtags to appear.#noviralnojustice, for example the victimof a robbery who is made a suspect for killing a robber, this is clearly not in accordance withArticle 49 Paragraph (1) Number 1 of 1946 of the Criminal Code, he should not be made asuspect for reasons of justification, the act of defense is forced for himself or others. Then thepolice who do not take reports seriously, this is not in accordance with the duties andauthorities of the police in Article 13 of Law Number 2 of 2002 concerning Main Duties of theIndonesian National Police. Therefore, the purpose of this thesis research is first, to determinethe influence of social media on law enforcement in Indonesia associated with the principleequality before the law. Second, to find out the law enforcement of the viral case seen from theside of justice.This type of research can be classified into the type of normative legal research. In thistype of legal research, law is often conceptualized as what is written in laws and regulationsor law is conceptualized as rules or norms which are benchmarks for human behavior that areconsidered appropriate. Therefore, the first data source is only secondary data, which consistsof primary legal materials, secondary legal materials, and tertiary data.From the results of this study, the first result was obtained, namely, the existence of socialmedia in the community greatly influences law enforcement, because law enforcement officials,both police investigators, public prosecutors, judges, in carrying out law enforcement havecaused uproar that is felt in society, especially the issue of justice, because in cases of robbery,the police do not see any justification in Article 49 Paragraph (1) of Law Number 1 of 1946which law enforcers are supposed to be fair in providing legal clarity to the public, just theopposite. With social media, the public can monitor the proper law enforcement process.Second, justice is an ideal value that humans always strive for, but in reality, achieving justiceas an ideal value is very complex and never complete, in a rule of law country like Indonesia,efforts to achieve justice are very important and should not be ignored. The influence of justiceon law enforcement has an important role. However, in reality, Indonesian people tend to usesocial media as a means to encourage faster and fairer law enforcement.Keywords: Crime, Social Media,Asas Equality Before The Law
ANALISIS HUKUM TERHADAP PENYIMPANGAN PROGRAM BANTUAN SOSIAL BERKAITAN DENGAN UPAYA MENGATASI COVID-19 Alde Karunia Syarvi; Zulfikar Jayakusuma; Davit Rahmadhan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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This research raises the background of the problem regarding LawNumber 20 of 2001 concerning Corruption Crimes Associated with LawNumber 2 of 2020 concerning State Financial Policy and Financial SystemStability for Handling the Corona Virus Disease 2019 (Covid-19)Pandemic. Second, Social Assistance Program Deviations Practices Seenfrom the Perspective of Law Number 20 of 2001 Related to Law Number 2of 2020. Third, regarding criminal responsibility for deviations fromsocial assistance programs related to efforts to tackle Covid-19.This study aims to: First, to know and understand the practice ofdeviating from social assistance from the perspective of Law Number 20of 2001 in relation to Law Number 2 of 2020. Second, To know and knowcriminal responsibility for deviations from social assistance programsrelated to Covid-19 countermeasures.This research uses juridical-normative research (library lawmethod) because the purpose of this research is to provide a systematicand comprehensive picture or picture. The data analysis used in thisresearch is qualitative, namely the descriptions made by the researcher onthe data collected by not using numbers but in the form of descriptions ofsentences arranged systematically according to the problems beingdiscussed.The results of this study can be drawn from the conclusion that thepractice of deviating social assistance from the perspective of LawNumber 20 of 2001 is associated with Law Number 2 of 2020 committedby an irresponsible party is an act of corruption because it has fulfilledthe elements - elements contained in Law Number 31 of 1999 jo. LawNumber 20 of 2001, this act is classified as a crime, namely corruption.Criminal liability for perpetrators of social assistance programirregularities related to efforts to deal with Covid-19 can be sentenced toimprisonment and fines or can also be sentenced to death, seeing thatcertain elements of circumstances are fulfilled during the Covid-19emergency.Keywords: Covid-19, Social Assistance, Corruption Crime
GAGASAN PENGISIAN JABATAN PENJABAT KEPALA DAERAH DIKAITKAN DENGAN ASAS AKUNTABILITAS DI INDONESIA Hafifatul Nesya; Dessy Artina; Muhammad A. Rauf
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Filling in the position of acting regional head (Pj) which is carried out using anappointment mechanism by the president and the minister of home affairs is considered nottransparent, accountable and participatory and ignores democratic principles. The centralgovernment has a central role in appointing acting regional heads without involving theaspirations of the regions, and there is no clear and firm legal regulation regarding fillingthe positions of acting regional heads which is increasingly causing polemics in society.This study uses normative legal research methods by collecting literature andfocusing on legal principles, namely the general principle of good governance (AUPB) infilling the positions of acting regional heads in accordance with the principle ofaccountability in Indonesia.The results of the study show that, first, the dynamics of filling the vacant positions ofregional heads in Indonesia from the old order era to the reform era were carried outcentrally with power in the hands of the central government. This is reflected in severalstatutory provisions in force in Indonesia which are the government's reference in filling thevacant regional head positions. Second, filling the position of acting regional head is seen asnot being transparent, participatory and accountable and setting aside democratic values byignoring the aspirations of the region and the people. The central government is nottransparent and accountable in appointing acting regional heads so that the mechanism forappointing acting regional heads creates polemics in society. Third, the legal regulationsregarding acting regional heads should be issued immediately so that the filling of regionalhead positions has a clear and firm measurable mechanism and continues to be transparent,accountable and participatory as mandated in the Constitutional Court decision with caseNumber 67/PUU-XIX/2021 and Article 86 paragraph (6) of Law Number 23 of 2014concerning Regional Government, with contents including: a) involving the DPRD in theprocess of proposing candidates for acting regional heads b) participation of the regionalpeople in providing suggestions and input regarding the performance of the acting (Pj)regional head, c) the existence of mechanisms and prerequisites that are clearly measurableand filling the positions of acting regional heads so that they remain in accordance with thegeneral principles of good governance that are transparent, participatory and accountable.Keywords: Idea, Filling in the Position of Acting Regional Head, Accountability
PERLINDUNGAN HUKUM PEMEGANG HAK ATAS TANAH BERDASARKAN JUAL BELI DI BAWAH TANGAN (Studi Kasus di Desa Boncah Mahang, Kecamatan Bathin Solapan, Kabupaten Bengkalis) M. Shihab Rozi; Hayatul Ismi; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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This study aims to find out why the practice of buying and selling land infront of the village head is often carried out by the community in Boncah MahangVillage, Bathin Solapan District, Bengkalis Regency and what efforts must bemade so that the community buys and sells land rights in accordance withGovernment Regulation number 24 of 1997 so that obtain permanent legal forceas well as protection for the sale and purchase of land rights which have onlybeen carried out privately.The type of research used is sociological or empirical legal research.Sociological research is research on law observing the characteristics of acommunity's behavior in an area in an aspect of social life if we look at the factson the ground. The results of this study are first to find out legal protection bysomeone who buys and sells land privately in order to get his rights back over thedispute, the second research results find that the things that result in buying andselling under the hands in Boncah Mahang Village are: habit factor, expensivecost factor, factor of the distance of the national land agency agency.Keywords: Protection-Purchasing of Land-Underhand

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