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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
Tinjauan Yuridis Pasal 56 Kitab Undang-Undang Hukum Acara Pidana Terkait Pemberian Bantuan Hukum Dengan Cuma-Cuma Menurut Perspektif Hak Asasi Manusia Windra Imanuel Ambarita; Mukhlis R; 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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In the rule of law, the state guarantees equality before the law and recognizes and protects humanrights, so that all people have the right to be treated equally before the law, as in the provision of legalassistance to suspects or defendants either free of charge. The provision of free legal assistance itself hasbeen regulated in the Kitap Law of Criminal Procedure, which is the basis of formal criminal law inIndonesia. With the existence of Law of the Republic of Indonesia Number 39 of 1999 concerning HumanRights, it makes the interpretation that the Criminal Procedure Code has not been able to providecomprehensive legal assistance so that it can cause a narrowing in the fulfillment of Human Rights inobtaining equality before the law in court. Based on this understanding, the author formulates 2 problemformulations. First, whether the arrangement for the provision of free legal assistance based on Article 56 ofthe Code of Criminal Procedure in Indonesia is in accordance with the perspective of human rights, second,what is the ideal idea of providing free legal assistance to fit the perspective of human rights.This type of research is normative juridical legal research, which is research conducted withliterature review or literature study in searching for data. This research is descriptive in nature that providesdata that is as thorough and detailed as possible on existing problems. In this writing using qualitative dataanalysis which means explaining and concluding about the data that has been collected by the author. Thisresearch uses secondary data or scientific data that has been codified.From the results of this study, it is found that, there is something that can be concluded is that theprovision of free legal assistance as stipulated in article 56 of the Criminal Procedure Code is not thoroughlygiven to suspects or defendants who are considered economically disadvantaged, so that there is a neglect ofhuman rights for those who are not accompanied by legal assistance in trial. In this case, ideal ideas areneeded, such as revising the Criminal Procedure Code or reforming laws by the government so that there areno human rights that are improved, especially in obtaining justice before the law.Keywords: Free Legal Aid-Human Rights
Penyelesaian Cerai Gugat Secara Verstek Pada Putusan Nomor 270/Pdt.G/2020/PA.Sak di Pengadilan Agama Siak Sri Indrapura Rahmi Febriani; Mardalena Hanifah; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Based on the legal system in Indonesia, the divorce process must be carried out by way of alawsuit in court, where the judge will act as a mouthpiece for the husband and wife who are inlitigation so that they can give a decision which is expected to be the best solution. One of thedivorce cases that need to be highlighted is a divorce that occurs after a verstek decision from thecourt. This decision is a decision issued by a judge when one of the parties (the Defendant) ortheir attorney never comes to attend the trial. There is one verstek lawsuit divorce decision that thewriter will examine in this research, namely the decision of the Siak Sri Indrapura Religious CourtNumber 270/Pdt.G/2020/PA.Sak. In their verdict, the panel of judges granted the plaintiff's claimby giving a verstek unseen verdict. This study aims to determine the extent to which the decision isable to provide justice for the litigants, and review whether the considerations of the panel ofjudges in deciding are in accordance with the applicable laws and regulations.The type of this research is sociological legal research, namely legal research conducted by directresearch into the field plus legal literature or secondary data. This research will further examinethe various sources of law in the form of applicable laws or regulations related to the theory ofjustice and the theory of judge's decision in the divorce process where the decision is in the formof an unseen ruling in a verstek way.The data collection technique in this study was the review ofwritten information (library research). After the data was collected, it was analyzed to drawconclusions.From the research results, there are two main things that can be concluded. First, the strength ofthe witnesses in case Number 270/Pdt.G/2020/PA.Sak has fulfilled the requirements based onstatutory regulations but is not strong because the witness has an emotional bond with thePlaintiff. Second, the settlement in this contested divorce was carried out with the issuance of averstek decision because neither the Defendant nor his attorney was present before the trial.Keywords: Settlement–Divorce Lawsuit–Verstek–Religious Court
EFEKTIVITAS KEBIJAKAN REHABILITASI TERHADAP ARTIS KORBAN PENYALAHGUNAAN NARKOTIKA BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA Ahmad Zuhri; Erdianto Erdianto; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Abstract

Drugs are substances or drugs derived from plants or non-plants, bothsynthetic and semi-synthetic, which can cause a decrease or change inconsciousness, loss of feeling, reduce to disappearance of pain, and can causedependence which is differentiated into groups as attached in the this law. LawNo. 35 of 2009 also states that those who are obliged to carry out medicalrehabilitation and social rehabilitation are not only narcotics addicts. Crime is anact whose perpetrators can be subject to criminal penalties. Narcotics addicts andvictims of Narcotics abuse must undergo medical rehabilitation and socialrehabilitation. The duty of law is to protect the interests of society. Legalprotection is all efforts to fulfill rights and provide assistance to give witnessesand victims a sense of security, legal protection for victims of crime as part ofcommunity protection, can be realized in various forms, such as throughrestitution, compensation, medical services, and legal assistance. Criminal lawpolicy or "penal policy" is a science as well as an art which ultimately has apractical objective to enable positive legal regulations to be better formulated andto provide guidance not only to legislators, but also to the courts that implementlaws and also to the organizers or implementation of court decisions.This research is a normative research by taking an approach to legaltheory, namely the theory of legal protection and the theory of criminal lawpolicy. Using secondary data by collecting data from library research (libraryresearch).From the results of the study it can be seen that the effectiveness of therehabilitation policy for artists who are victims of narcotics abuse has not beenable to change the bad habits of the perpetrators. Therefore, it is necessary tochange the rules in accordance with the times. Which can protect humanresources for the continuity of the nation, state and religion.Keywords: Effectiveness -Criminal-Narcotics-Abuse-drugs
HUBUNGAN KERJA ANGGOTA DEWAN PERWAKILAN DAERAH DENGAN DAERAH YANG DIWAKILI MENURUT UNDANG-UNDANG NOMOR 13 TAHUN 2019 TENTANG MAJELIS PERMUSYAWARATAN RAKYAT, DEWAN PERWAKILAN RAKYAT, DEWAN PERWAKILAN DAERAH DAN DEWAN PERWAKILAN RAKYAT DAERAH Habby Ramadhan; Dessy Artina; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Amendments to the 1945 Constitution have resulted in several new state institutions,one of which is the Regional Representative Council (DPD). The basic idea behind theformation of the DPD is the desire to accommodate regional aspirations and at the same timegive the regions a bigger role in the process of making political decisions on matters that areprimarily directly related to the regions. With the authority possessed by the DPD manythings can be done. Now many people don't know what the DPD is, why this happenedbecause the performance of the DPD has not been optimal. Many discussions and seminarshave been held by the DPD, both with legal and political experts and with their constituentsin their respective regions, the context of these discussions always discusses the weakness ofthe authority possessed by the DPD, as if this authority is the main obstacle in carrying out itsduties and obligations. .This type of research is normative legal research. Normative legal research is legalresearch conducted by examining literature or secondary data consisting of primary legalmaterials, secondary legal materials and tertiary legal materials. Normative legal research isalso called doctrinal legal research, also referred to as library research or document study.This research examines the subject matter in accordance with the scope and identification ofproblems through a statutory approach (Statute approach). related to the legal issue understudy.The ineffectiveness of the DPD as a representative institution in carrying out its dutiesis suspected to have occurred due to several factors. First, misconceptions in applying thebicameral concept. Second, the authority of the DPD is very limited and is only related toregional matters. Third, the DPD was formed to prevent the hegemony of the executivebranch from returning, but then the balance of power did not work effectively because of thelarge amount of authority possessed by the DPR. The ideal mechanism related to theimplementation of regional community aspirations in the field of supervision carried out bythe DPD is divided into two ways in conveying aspirations, namely by formal and informalmeans. DPD members are expected by their voters to fulfill the will of the people'saspirations, provide services and provide various other forms of satisfaction even if they areonly symbolic, in carrying out their duties it is not uncommon for differences to occurbetween the representatives of the people and the people who elect them.Keywords : DPD – Authority – Settings
TINJAUAN YURIDIS PELAKSANAAN KEWENANGAN PEMERINTAH KOTA PEKANBARU DALAM PENATAAN BANGUNAN TEMPAT TINGGAL DI SEMPADAN SUNGAI SIAK Binsar Bersahabat Hutasoit; Emilda Firdaus; Dodi Haryono
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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The writing of this law is about a house located on the river border in SiakRegency. The formulation of the problem is whether the existence of a house on theSiak river border in Pekanbaru City is in accordance with Pekanbaru CityRegional Regulation No. 7 of 2020 concerning the Pekanbaru City DevelopmentPlan for 2020-2040 and what steps are being taken by the government to overcomethis problem. This legal research aims to identify, study, and analyze houseslocated in the riparian area of the river in Siak Regency. This Legal article is anempirical research. Based on the results of the study it can be concluded that thehouse which is located on the border of the Siak river in Pekanbaru City violatesPekanbaru City Regional Regulation No. 7 of 2020 concerning the Pekanbaru CityDevelopment Plan for 2020-2040 and until now there has been no governmenteffort to overcome this problem.Keywords: River border, Siak river, house located in the river border area.
TINJAUAN YURIDIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 106/PUU-XVIII/2020 TENTANG PENGGUNAAN NARKOTIKA UNTUK KEBUTUHAN MEDIS Muhammad Arif; Emilda Firdaus; Zainul Akmal
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Whereas according to the Petitioners, the Elucidation of Article 6paragraph (1) letter a and Article 8 paragraph (1) of Law 35 of 2009 concerningNarcotics has resulted in the loss of the Petitioners' rights to obtain healthservices as stipulated in Article 28H paragraph (1) of the 1945 ConstitutionArticle 7 paragraph (1) Law Number 35 of 2009, Article 7 stipulates thatnarcotics can only be used for the benefit of health services and/or scientificdevelopment knowledge and technology. But in article 8 paragraph 1 of Lawnumber 35 of 2009.Regarding this research, it can be classified into the type of normativelegal research related to the Constitutional Court decision number 106/puu-xviii/2020. From the results of the research problem there are two main thingsthat can be concluded. First, there is a discrepancy or unconstitutionality becausethere is a difference in sound, so a review is needed. Because in Article 7 it isclear that for health it may be used by any group as long as it is still usedaccording to doctor's recommendations and according to Health Law number 36of 2009 concerning health.Second, the Constitutional Court should not at all close the loophole onthe use of Narcotics Category I, which not only cannabis can be used for thebenefit of health services. The Constitutional Court realizes that for the use ofNarcotics Category I for the benefit of health services it must be supported by thereadiness of facilities and infrastructure as well as supporting scientific evidence,so that the Government needs to start by conducting comprehensive studies andresearch.Key Words : Decision, Constitutional Court, Narcotics, Medical.
IMPLEMENTASI PERATURAN MENTERI AGRARIA DAN TATA RUANG/ KEPALA BADAN PERTANAHAN NASIONAL REPUBLIK INDONESIA NOMOR 16 TAHUN 2019 TENTANG PENYELENGGARAAN SISTEM PENGENDALIAN INTERN PEMERINTAH DI LINGKUNGAN KEMENTERIAN AGRARIA DAN TATA RUANG/KEPALA BADAN PERTANAHAN NASIONAL KOTA PEKANBARU Mahani Mahani; Dessy Artina; Zainul Akmal
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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This research relates to the Implementation of Internal Control Based on theRegulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the NationalDefense Agency of the Republic of Indonesia Number 16 of 2019 concerning theImplementation of the Government's Internal Control System within the Ministry of AgrarianAffairs and Spatial Planning/National Defense Agency of Pekanbaru City. In the field,internal supervision has not yet been carried out at the Pekanbaru City Land Agency, whichcan be seen from the absence of a clear flow of supervision and the absence of a report on theresults of internal supervision to the Pekanbaru City Inspectorate as well as reports submittedto Commission 1 DPRD Pekanbaru City as one of the external supervisors from thePekanbaru City National Land Agency. Therefore it is necessary to study the first stimulant,internal supervision is appropriate. with the Regulation of the Minister of Agrarian Affairsand Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number16 of 2019 at the Pekanbaru City National Land Agency. Second, the supporting andinhibiting factors in implementing the Regulation of the Minister of Agrarian Affairs andSpatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 16of 2019 at the Pekanbaru City National Land Agency.This research is a sociological law research, because it is based on field research,namely by collecting data from observation, interviews, and literature studies that have arelationship with the problems studied assisted by primary, secondary, and tertiary data. Thisstudy uses qualitative data analysis, produces descriptive data, and concludes with adeductive thinking method.From the research results there are three main things that can be concluded. First,internal supervision at the Pekanbaru City Land Agency has not yet been carried out inaccordance with the Regulation of the Minister of Agrarian Affairs and SpatialPlanning/Head of the National Land Agency of the Republic of Indonesia Number 16 of 2019concerning Implementation of the Government Internal Control System within the NationalLand Agency, this can be seen from the absence a clear flow of supervision and there is noreport on the results of internal supervision to the Pekanbaru City Inspectorate or a reportsubmitted to Commission 1 of the Pekanbaru City DPRD as one of the external supervisorsfrom the Pekanbaru City National Land Agency.Keywords:Implementation-Internal Oversight-National Land Agency
TANGGUNG JAWAB NEGARA DALAM PELAKSANAAN PEMENUHAN HAK NARAPIDANA OLEH LEMBAGA PEMASYARAKATAN BERDASARKAN HAK ASASI MANUSIA DI KOTA PEKANBARU (STUDI KASUS LEMBAGA PEMASYARAKATAN KELAS IIA PEKANBARU) M Gilang Pratama; Firdaus Firdaus; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Articles 9 and 10 paragraph 1 of Law Number 22 of 2022 concerning Correctionsare also referred to as the rights of convicts, including the right to education and teaching, theright to receive treatment, both spiritual and physical care, the right to receive proper healthand food services. Health is a condition that is not only free from disease but also covers allaspects of human life which include physical, emotional, social and spiritual aspects. One ofthe forms of not yet optimal guidance for prisoners in Class II A prison in Pekanbaru is in thehealth sector, almost 52% of prisoners still experience difficulties in fulfilling their right toproper health and food services. The formulation of the problems in this study are: first, Stateresponsibility in implementing the fulfillment of the rights of convicts by CorrectionalInstitutions based on Human Rights in Pekanbaru City (Case study of Pekanbaru Class IIAPenitentiary).This type of research is sociological legal research, because it is based on fieldresearch, namely by collecting data from interviews, questionnaires, and literature studiesthat are related to the problems to be studied, assisted by primary, secondary and tertiarydata. This research was conducted at the Kemenkumham Regional Office of Riau Provinceand Pekanbaru Class IIA Correctional Institution, while the population and sample are allparties related to the problem being studied. This research uses qualitative data analysis andproduces descriptive data.From the results of the study it can be concluded that, State responsibility in thiscase carried out by the Pekanbaru Class II A Correctional Institution for prisoners has beencarried out but has not been optimal. Lapas has provided the needs and rights of convictswhile in prison. Fulfillment of Prisoners' Rights by Correctional Institutions Based on HumanRights in the City of Pekanbaru (Case Study of Class II A Correctional Institutions ofPekanbaru) which are experiencing over capacity are still not running optimally. There arestill prisoners who feel that their rights have not been fulfilled. These rights include thefulfillment of the right to proper health care, a proper place to rest, the right to worshipproperly, the right to complain, and time for family visits.Keywords: Fulfillment-Human Rights-Justice.
PENYELESAIAN WANPRESTASI TERHADAP PERJANJIAN PINJAMAN DI KOPERASI UNIT DESA (KUD) SUMBER REZEKI DESA BUKIT AGUNG KECAMATAN KERINCI KANAN KABUPATEN SIAK Mia Safitri; Mardalena Hanifah; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Law Number 25 of 1992 concerning Cooperatives, cooperativesare the foundation for strengthening the people's economy. The purpose ofcooperatives in Article 3 of Law Number 25 of 1992 aims to promote thewelfare of members in particular and society in general and to participatein building a national economic order in order to create an advanced, justand prosperous society based on Pancasila and the 1945 Constitution.Cooperative Units Sumber Rezeki Village as a savings and loancooperative. The purpose of writing this thesis is first, to find out the factorsthat cause bad loans at KUD Sumber Rezeki Bukit Agung Village. Second,to find efforts to resolve non-performing loan defaults in the implementationof money loans at KUD Sumber Rezeki Bukit Agung Village.This type of research is sociological legal research, namely researchconducted on the identification of laws and the effectiveness of laws thatapply in society. In this case, see the implementation of the Sumber RezekiCooperative loan money agreement. The nature of the research isdescriptive which provides precise data about humans, conditions and othersymptoms.The results of this study indicate that the factors that cause bad creditto the Sumber Rezeki Village Unit Cooperative are internal factorsoriginating from creditor errors, namely the lack of accuracy in providingcredit to members and no data transparency by the old KUD Sumber Rezekimanagement on the amount owed and the amount payments paid bymembers of the cooperative as well as external factors, namely thoseoriginating from the debtor either outside the condition of the debtor himselfor because of the lack of good faith, negligence or misuse of money bymembers of the cooperative. The efforts taken to resolve defaults in KUDSumber Rezeki are by sending letters of reprimand, visiting directly to theresidence of cooperative members, finding solutions for settlement in afamily manner and the final way is to sell or confiscate cooperativemembers' credit guarantees.Keywords: Default - Bad Loans, Cooperative.
Analisa Hukum Akibat Pencabutan Kekuasaan Orang Tua menurut Hukum Perdata Hadri Jasman Hutasoit; Firdaus Firdaus; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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The protection of children's rights in the family is closely related to the parents. Parents are thebiological father or mother, and the family is a small community unit consisting of father and/or mother andchildren. Parents, families and communities are responsible for protecting and maintaining in accordancewith what is imposed by law. As parents in civil relations with their children have what is called parentalauthority. In 2020 the number of cases increased, for cases of children victims of economic neglect (livingrights) totaling 239 cases, while for cases of neglect of children victims of neglect of parents and families,there were 107 cases. It is not uncommon for one case to involve more than one victim and perpetrator.Even though parental authority is inherent in civil relations, however, parental authority can be revoked inaccordance with Articles 319a to 319m of the Indonesian Civil Code with Article 49 of the same marriagelaw, in 319a it explains that the revocation of parental power is caused by parents abusing their power.parents or too neglect the obligation to care for and educate one or more children. So the problem ofrevoking parental power over children is very interesting to study in a thesis with the following problemformulation: what are the responsibilities of parents towards children who have been revoked by theirparental rights, what efforts should parents make towards children's rights even though parental authorityhas been unplugged.The type of research used in this legal research is the normative juridical method. This research isdescriptive in nature, namely a study that aims to make a clear and detailed picture of the problem. The datasources used are secondary data and tertiary legal materials. The data collection technique in this studyused the literature review method.Based on the results, it can be concluded that the legal consequences of revocation of parentalcustody are contained in Article 319j, namely parents who are released or dismissed from their powers areobliged to provide allowances to the trusteeship board or temporary guardian for the maintenance andeducation costs of children who have been withdrawn from their powers. . Thus it is clear that the legalconsequences of revocation of parental custody of children, both in Law Number 1 of 1974 concerningMarriage, Law Number 23 of 2002 concerning Child Protection, and the Civil Code have legalconsequences that are the same, that is, parents who have had their powers revoked remain responsible forthe cost of living for their children.Keywords: Parental Power, Revocation of parental authority, Civil Law.

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