Garuda - Garba Rujukan Digital

TINJAUAN TENTANG PENETAPAN HAK ASUH ANAK DI BAWAH UMUR KEPADA AYAH AKIBAT PERCERAIAN DI PENGADILAN AGAMA PEKANBARU Syaivanti, Sonia Putri; Lestari, Rika; Darnia, Meriza Elpha
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Marriages can break up due to death, divorce, and court decisions. The most commoncause of legal problems that should be given an alternative solutions is the breakdown ofmarriage due to divorce. Divorce can cause several legal consequences, one of which is thelegal consequences for children and their care. In the event of divorce, child custody can begiven to the mother if the child is under the age of 18 years. But it can be ruled out, if thefather can prove if the mother is not eligible for child custody. In this case, the author takesthe example of Decision Number 1513/Pdt.G/2022/PA.Pbr, in this judgment the custody ofthe minor falls to the father, where the minor child needs love and attention from a mother.The purpose of this thesis research is to determine the judge's consideration in determiningthe custody of minors to the father due to divorce at the Pekanbaru Religious Court and tofind out the judge's consideration in determining the custody of minors to the father due todivorce based on the perspective of legal expediency theory.This type of research is a type of sociological research conducted at the PekanbaruReligious Court. The population and samples used are the Pekanbaru Religious Court Judgewho tried the case, the father who litigated, and the mother who litigated. The data sourcesused are primary data and secondary data. The data collection techniques used are literaturereview and interviews.The result of this study is that the judge's consideration in determining the custody ofminors to the father due to divorce in the Pekanbaru Religious Court is that the judge arguesthat Article 105 of the Compilation of Islamic Law letter (a) which explains that themaintenance of children who are not yet mumayyiz or not yet 12 (twelve) years old is theright of the mother. But it is not absolute, because the most important thing is the benefit forthe child himself, then the custody of the child is given to the father because the fatherbehaves better than the mother and the judge's consideration in determining the custody ofminors to the father due to divorce based on the perspective of the theory of legal expediencyin terms of the element of legal expediency has been fulfilled because the decision has had animpact and benefit to the parties and children. The author's suggestion is for the Panel ofJudges, in deciding a case in the future to ensure the condition of children in which field ispreferred for the benefit of children being cared for by mothers, fathers, or jointly and forboth parents, must remain fully responsible for their children without being hindered by timeand situation.Keywords: Child Custody - Divorce - Mumayyiz

KRIMINALISASI TERHADAP KORPORASI YANG TIDAK VALID DALAM MELAPORKAN PEMILIK KEUNTUNGANNYA (BENEFICIAL OWNERSHIP) Pratama, Restu Ananda; Erdianto, Erdianto; Ferawati, Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Presidential Regulation Number 13 of 2018 concerning the Principle of RecognizingBeneficial Owners of Corporations in the Context of Preventing Crimes of MoneyLaundering and Terrorism Financing is the highest legal umbrella for implementing theprinciple of recognizing beneficial ownership in Indonesia today. Reporting data onbeneficial owners of a corporation is mandatory, so data validation is a very crucial thing todo. In this presidential regulation, only matters of an administrative nature are regulated andno threat sanctions have been regulated as a means of prevention and providing a deterrenteffect to every perpetrator of violations in terms of validating data on the beneficial ownersof a corporation.This research is normative legal research supported by secondary data,carried out by using library materials as the main focus. Also called doctrinal legal research,namely legal research that uses data based on library research by taking quotations fromreading books, or supporting books that are related to the problem to be researched. Thus,this research uses secondary data sources consisting of primary, secondary and tertiary legalmaterials. This research also uses qualitative data analysis and produces descriptive data.From the results of the discussions and research carried out, several conclusionswere obtained, namely: First, the regulation regarding Reporting of Beneficial Owners of aCorporation is regulated by Presidential Regulation Number 13 of 2018. In terms of law-making procedures, a Presidential Regulation is not justified in containing criminalprovisions , because there is a principle of No Punishment Without Representatives, criminalprovisions are only included if the Regulation is issued by the Legislative Body. Second,criminalization must be created through legality which will be included later in a new law,raising the level of the Presidential Regulation to a law which contains provisions forimprisonment and fines which are prepared taking into account the outlook on life,awareness and legal ideals, as well as philosophy. the Indonesian nation which originatesfrom Pancasila and the Preamble to the 1945 Constitution of the Republic of Indonesia.Keywords: Criminalization - Corporation – Beneficial Owner

EFEKTIVITAS PELAKSANAAN PEMBINAAN TERHADAP NARAPIDANA RESIDIVIS TINDAK PIDANA NARKOTIKA DI LEMBAGA PEMASYARAKATAN KELAS II B SUNGAILIAT KABUPATEN BANGKA PROVINSI KEPULAUAN BANGKA BELITUNG Arifandi, Farros; Erdiansyah, Erdiansyah; Andrikasmi, Sukamariko
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Correctional Institutions are institutions whose principle is that guidanceand protection is the final process of criminal justice which imposes imprisonmenton convicts. It is hoped that this training will be an effective way for prisoners tolearn that the actions they have committed are wrong and deviant, and so thatthey do not repeat these crimes.This type of research can be classified as a type of sociological (empirical)legal research, because in this research the author directly conducts research atthe location or place being studied in order to provide a complete and clearpicture of the problem being studied. This research was conducted at the Class IIB Sungailiat Correctional Institution, Bangka Regency, Bangka BelitungProvince.The conclusions that can be obtained from the research results are: First,in Class II B Sungailiat Prison, the implementation of guidance for narcoticsprisoners has not been carried out effectively because only a few forms ofprograms have been carried out and this is supported by the number of narcoticscases which has increased every year so that there are more and more prisoners.Second, the obstacles faced by the Class II B Sungailiat Penitentiary in providingguidance are excess prison capacity; Lack of correctional officers; Developmentprogram for prisoners with different cases; factors from the prisoner's family; Theefforts taken by correctional officers or coaches to overcome obstacles orobstacles that arise in the coaching process are utilizing and maximizing existingprograms and officersKeywords: Development, Recidivism, Narcotics Crimes, Correctionalinstitution.

PERBANDINGAN KONSTITUSI TENTANG PEMBATASAN MASA PERIODE JABATAN PRESIDEN DI INDONESIA DAN FILIPINA SINURAT, ARGA SANDYA RAJA; Haryono, Dodi; Akmal, Zainul
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

The president is the head of government (chief of executive), but also the head of state (chief of state).The term of office of the president in various countries is different. The term of office of the president inIndonesia in one period of five years can be elected twice based on Article 7 of the 1945 Constitution, whilein the Philippines the term of office of the president can only be elected once in a year. one period for six yearsbased on the Philippine Constitution Chapter 7 Article 4. Therefore, this research aims to find out and comparethe two countries in terms of similarities/differences, advantages/disadvantages, and the urgency ofcomparison to strengthen regulations limiting the period of presidential office in Indonesia and thePhilippines.This type of research can be classified as a normative research type. The research focuses on examiningthe comparison of term limits for the presidents of Indonesia and the Philippines. The data sources used aresecondary data in the form of primary legal materials, namely the 1945 Constitution and the PhilippineConstitution, secondary legal materials, namely documents and journals, and tertiary legal materials, namelylegal dictionaries. The data collection technique in this research is the literature review method, usingDescriptive analysis describes, describes and compares the Indonesian and Philippine constitutions regardingpresidential term limits.Limiting the presidential term of office for Indonesia and the Philippines has similarities/differences,advantages/disadvantages, and the urgency of strengthening the implementation of presidential termregulations. The similarities/differences are that the countries have the same principle of Trias Politica(Division of power) while the differences in this case provide for re-nomination. The advantages guaranteethe creation of democratic politics, economic growth, lack of potential for corruption while the shortcomingsalso hinder the regeneration of new leaders from the executive branch. The urgency is to limit the presidentialperiod to prevent continued political instability. That in this case the researcher provides suggestions, it ishoped that policy makers will make legal politics related to the rules for limiting the term of office of thepresident by changing the provisions governing the term of office of the president as well as communityinvolvement, political style, and modernity by giving the term of office of the president to one term withprovisions as long as one period of six years.Keywords : Constitution - Period - Limitations

ANALISIS YURIDIS TERHADAP PUBLIKASI IDENTITAS ANAK BERHADAPAN DENGAN HUKUM PADA SITUS DIREKTORI PUTUSAN MAHKAMAH AGUNG Perdana, Fharysha Irwan; Erdianto, Erdianto; Erdiansyah, Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Children who are in conflict with the law, even though they are suspectedof having committed a criminal act, still have the right to protection by the state,especially regarding their identity. The Supreme Court Decision Directory as asite that contains information about Supreme Court decisions, including asummary of decisions, legal considerations, and links to complete decisionsshould pay attention to the importance of not publishing the identity of children inconflict with the law when uploading copies of decisions. Publication of theidentity of children in conflict with the law can have a very bad impact onchildren, such as stigmatization and discrimination which can affect their future.The type of research used in this research is normative juridical legalresearch or can also be called doctrinal legal research. Normative juridical legalresearch is library legal research. The research uses qualitative analysis whichproduces descriptive data.From the results of this research, there are several main things that can beconcluded. First, the Law on the Juvenile Justice System stipulates that theidentity of children in conflict with the law must be kept confidential, both in printand electronic media, but in reality there are still many decisions that do notobscure the child's identity before being uploaded to the Supreme Court DecisionDirectory website. such as decision Number 18/Pid.Sus-Anak/2021/Pn Srg whichexplicitly shows the identity of the child as the perpetrator, the name of theparents, and the place of residence where the decision can be accessed by thepublic. Second, the Supreme Court Directory's information officer's mistake inpublishing a copy of the child's decision may result in administrative sanctions,but in enforcing these sanctions it does not provide a deterrent effect so thatcriminal regulations as an ultimum remedium or as a final resort in lawenforcement are expected to provide a deterrent effect for Directory officers. TheSupreme Court is responsible for the case.Keywords: Publications, Child Identity, Supreme Court Directory.

RELEVANSI HUKUM PEMBENTUKAN PERMA NO 1 TAHUN 2019 TENTANG PERSIDANGAN SECARA ELEKTRONIK YANG MENGGANTI PASAL 230 KUHAP TENTANG PERSIDANGAN SECARA LANGSUNG Charin, Ilham Putra; HZ, Evi Deliana; Junaidi, Junaidi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

This research analyzes the legal relevance of the formation of Supreme CourtRegulation (PERMA) Number 1 of 2019 concerning Case Administration and TrialElectronically in Court. Prior to the creation of PERMA No. 1 of 2019, traditional courtproceedings (in-person hearings) were conducted, as explained in the Indonesian Code ofCriminal Procedure (KUHAP) Article 230 paragraph 1, which states: “Court hearingsare conducted in the courthouse in the courtroom.” The theoretical framework used toanalyze the issues in this research are theory of legislative regulation formation and thelegal hierarchy theory introduced by Hans Kelsen, which posits that the legal system is ahierarchical ladder with layered norms. Norms determined by higher legal norms providethe validity basis for the entire legal framework that constitutes a unity.Using a normative juridical research method, the findings of this research indicate thatthe establishment of PERMA No. 1 of 2019 is not in conflict with the provisions ofArticle 230 of the Indonesian Code of Criminal Procedure. This regulation does notviolate the principle of the hierarchy of legislation in Indonesia, considering that PERMAis subordinate to laws with higher authority. Therefore, PERMA is consistent with theprinciple of lex superiori derogat legi inferiori, which stipulates that lower regulationsmust not contradict higher regulations. The authority of the Supreme Court to enactPERMA is a derivative (delegated) authority. Delegation of legislative authority to theSupreme Court is carried out with the intention of filling legal gaps that cannot always beaddressed by legislation. PERMA Number 1 of 2019 serves as a legal gap filler becauseprovisions of general and abstract laws still need to be detailed through lower-levelregulations that are concrete and technical.Keywords: relevance, hierarchy, Supreme Court regulation, Indonesian Code ofCriminal Procedure, trial.

PENGATURAN SANKSI PIDANA TERHADAP JURU PARKIR LIAR YANG MEMINTA BAYARAN TARIF PARKIR TIDAK WAJAR Sahira, Qintara; Rahmadan, Davit; Andrikasmi, Sukamariko
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

A legal problem that often occurs in parking operations is the practice ofillegal parking attendants who charge unreasonable parking fees. Currently, theexistence of illegal parking attendants who charge unreasonable parking fees isincreasing in Indonesia, while there are no regulations that can catchperpetrators of these illegal fees. The aim of this skipsi research is firstly, to findout the reasons why it is important to regulate criminal sanctions against illegalparking attendants who charge unreasonable parking rates. Second, to formulatearrangements for criminal sanctions against illegal parking attendants who askfor unreasonable parking fees in the future.The type of research used is normative legal research using librarymaterials as data and reference sources. This research requires secondary dataconsisting of primary, secondary and tertiary legal material. The data collectiontechnique used by researchers is library research. This research uses a qualitativeanalysis method by interpreting legal materials. In drawing conclusions,researchers use a deductive method, namely drawing conclusions from generalstatements or propositions to specific statements or propositions.Based on the results of the research and discussion, there are two mainthings that can be concluded. First, the importance of regulating criminalsanctions against illegal parking attendants who charge unreasonable parkingrates aims to eradicate the practice of illegal fees in parking operations. Criminalsanctions are expected to be able to prevent the practices of illegal parkingattendants who charge unreasonable parking rates and provide a deterrent effectso that the perpetrator does not repeat the crime again. Second, the formula forregulating criminal sanctions against illegal parking attendants who ask forunreasonable parking fees in the future is in the form of criminal sanctions, finesand action sanctions in the form of job training.Keyword: Regulations-Criminal Sanctions-Illegal Levies-Parking Fees

EFEKTIVITAS PELAKSANAAN PEMBINAAN TERHADAP NARAPIDANA RESIDIVIS TINDAK PIDANA NARKOTIKA DI LEMBAGA PEMASYARAKATAN KELAS II B SUNGAILIAT KABUPATEN BANGKA PROVINSI KEPULAUAN BANGKA BELITUNG Arifandi, Farros; Erdiansyah, Erdiansyah; Andrikasmi, Sukamariko
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Correctional Institutions are institutions whose principle is that guidanceand protection is the final process of criminal justice which imposes imprisonmenton convicts. It is hoped that this training will be an effective way for prisoners tolearn that the actions they have committed are wrong and deviant, and so thatthey do not repeat these crimes.This type of research can be classified as a type of sociological (empirical)legal research, because in this research the author directly conducts research atthe location or place being studied in order to provide a complete and clearpicture of the problem being studied. This research was conducted at the Class IIB Sungailiat Correctional Institution, Bangka Regency, Bangka BelitungProvince.The conclusions that can be obtained from the research results are: First,in Class II B Sungailiat Prison, the implementation of guidance for narcoticsprisoners has not been carried out effectively because only a few forms ofprograms have been carried out and this is supported by the number of narcoticscases which has increased every year so that there are more and more prisoners.Second, the obstacles faced by the Class II B Sungailiat Penitentiary in providingguidance are excess prison capacity; Lack of correctional officers; Developmentprogram for prisoners with different cases; factors from the prisoner's family; Theefforts taken by correctional officers or coaches to overcome obstacles orobstacles that arise in the coaching process are utilizing and maximizing existingprograms and officersKeywords: Development, Recidivism, Narcotics Crimes, Correctionalinstitution.

Analisis Yuridis Asas Fiksi Hukum Pada Pasal 81 Undang-Undang Nomor 12 Tahun 2011 Tentang Pembentukan Peraturan Perundang-Undangan Dalam Perspektif Teori Tujuan Hukum Jumiartis, Jumiartis; Artina, Dessy; Akmal, Zainul
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

The existence of legal fiction actually assumes that everyone knows the law(presumtioiures de iure). However, many people really don't know about the existence of agood rule because of a lack of socialization from the government, not awareness of thepeople concerned. Van Apeldoorn introduced the principle of Legal Fiction and it has beennormalized in article 81 of Law Number 12 of 2011. In Latin there is also the adageignorantia jurist non excusat, ignorance of the law cannot be forgiven. There is also astatement with the same principle, namely the principle of ignorantia juris neminemexcusat ,that is, ignorance of the law is not a reason for forgiveness for someone. As for the sound ofArticle 81 of Law Number 12 of 2011 in terms of promulgation, it is so that everyone knowsit, and in its explanation it states that everyone is considered to know the law. The aim of thisresearch is to find out the reasons for ignorance of legal fiction by finding out what theurgency is and whether legal fiction is in accordance with legal objectives.This research method uses a type of normative legal research using qualitativeanalysis by outlining, explaining and describing the principles of legal fiction and legalobjectives. By using primary legal materials such as the 1945 Constitution, Law Number 12of 2011 concerning the Formation of Legislative Regulations replacing Law Number 10 of2004, Law Number 14 of 2008 concerning Openness of Public Information, also with aconceptual approach , and cases. Also other supporting legal materials.Fictional research results that appear to be intended more to encourage confidencethat a given legal outcome is just and appropriate are known as emotive fictions, and are anapology for the necessity in which the law finds itself in linking the actions of the parties tolegal consequences that they could not have anticipated. as apologetic fiction. However,looking at the situation in Indonesia where there are still people who do not know the law,both in terms of education, awareness of the law, knowledge and the reach of access toinformation is not optimal. So, apart from the role of the state in terms of legal education orsocialization and so on, action and understanding and improvement of the conditions asreferred to are needed.Keywords: Legal Fiction, Legislation, Legal Objectives.

PELAKSANAAN PERJANJIAN JUAL DAN SEWA BALIK (SALE AND LEASE BACK) ANTARA PT. INTAN BARUPRANA FINANCE DENGAN PT. KARYA ALAM LESTARI Karnofa, Sa’dianti Nabila; Bachtiar, Maryati; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

An agreement is a legal event where one person promises another person or twopeople promise each other to do or not do something. One form of implementation of thisagreement is that which occurs between PT. IBF (PT. Intan Baruprana Finance) with PT.KAL (PT. Karya Alam Lestari). In the case of PT. IBF (PT. Intan Baruprana Finance)with PT. KAL (PT. Karya Alam Lestari), PT. IBF as lessor and PT. KAL, who then aslessee, entered into a Sale and Lease Back Agreement with the object of collateral beingtwo units of Factory Trailer Maunted Air Foam Package in 2012.This research is sociological legal research, it is based on field research whichrefers to information from interviews and observations as well as supporting documentsthat have a correlation with the background of the problem to be studied. This researchuses secondary data sources consisting of primary, secondary and tertiary legal materials.This research uses qualitative data analysis by producing a deductive method of drawingconclusions, namely drawing conclusions from general matters to specific matters.Based on the results and discussion that have been explained previously, theauthor draws the following conclusions: Implementation of the Sale and Lease BackAgreement that occurred between PT. IBF and PT. KAL is still not implemented properly.This is proven by several negligences made by the lessee during the agreement, such asnon-payment of the Financing Rent which should have been paid monthly in the amountof Rp. 388,239,248 (three hundred eighty eight million two hundred thirty nine thousandtwo hundred forty eight thousand) and the transfer of the position of 2 units of FactoryTrailer Maunted Air Foam Package without notification and confirmation to the lessor,and the financing object was found to be rusty and not well maintained . This fulfills therequirements for breach of contract in Article 13 of the Financing Lease Deed which hasbeen agreed upon by both parties.

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name
-

Contact Email
-

Phone
-

Journal Mail Official
-

Editorial Address
-

Location
Kota pekanbaru,

Riau

INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name -

Contact Email -

Phone -

Journal Mail Official -

Editorial Address -

Location Kota pekanbaru, Riau INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
-

Contact Email
-

Phone
-

Journal Mail Official
-

Editorial Address
-

Location
Kota pekanbaru,

Riau

INDONESIA