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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 80 Documents
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Search results for , issue "Vol 11, No 1 (2024): Januari - Juni 2024" : 80 Documents clear
URGENSI PERLINDUNGAN HUKUM PEGAWAI PEMERINTAH DENGAN PERJANJIAN KERJA (PPPK) DALAM PEMUTUSAN HUBUNGAN KERJA OLEH PEMERINTAH Andreas, Parda Doni; 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

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Abstract

Government employees with a work agreement (PPPK) are Indonesian citizens whohave met the requirements and are appointed based on the work needs of government agencies.Government employees with a work agreement are appointed by civil service developmentofficials (PPK) with a work contract. If the maximum contract term limit is not strictlystipulated, it is feared that there will be potential politicization of the extension of the PPPKcontract by irresponsible individuals and then termination of PPPK employment may alsooccur. because there is a downsizing of the organization or government policy which results ina reduction in PPPK, what compensation will PPPK receive when that happens and what arethe legal remedies for termination of employment.The purpose of writing this thesis is: first, to find out the legal protection for governmentemployees with work agreements (PPPK) who are affected by termination of employment(PHK) by the government. Second, to find out the legal remedies that can be taken bygovernment employees with work agreements (PPPK) who are affected by termination ofemployment (PHK) by the government. The research method in this thesis uses a normativejuridical type of research, namely research that focuses on examining the application of therules of law. rules or norms in positive law. The nature of this thesis research isresearchdescriptivewhich systematically describes the facts and characteristics of the objectbeing studied accurately. The data source used is the data sourcefirst, seconds andtertiary, Thedata collection method used in this research is firstly literature study, which is a technique forobtaining secondary data through documents related to the problem, objectives and benefits ofthe research, then after the data is collected it is then analyzed to draw conclusions.Based on the research results, PPPK preventive legal protection, old age security,severance pay and legal assistance, then if there is a downsizing of government organizations,PPPK whose competence is still needed and the relevant regional contract has not yet endedwill be transferred to a unit that needs it in accordance with its competence, repressive effortsas The form of protection is the State Civil Apparatus Advisory Body which has the authorityto receive, examine and make decisions on Administrative Appeals, the two PPK's legalremedies in the First Layoff, through an objection mechanism which is submitted in writing tothe superior official who has the authority to punish by including the reasons for the objectionand a copy of which is submitted. to officials who have the authority to punish. Second, throughan administrative appeal mechanism submitted to the State Civil Apparatus Advisory BodyKeywords: Officials, Government, Employment Agreement
PENEGAKAN HUKUM TINDAK PIDANA KEBAKARAN HUTAN DAN LAHAN (KARHUTLA) DI WILAYAH KEPOLISIAN RESORT ROKAN HULU Siregar, Muharram Saidi Akbar; R, Mukhlis; Hidayat, Tengku Arif
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Abstract

Forest fires are no longer a rare phenomenon in Indonesia, especially inRiau Province. In fact, fires also occurred on small plots of land in communityvillages. Every year forest and land fires regularly occur in Riau Province andespecially in Rokan Hulu district. The rampant burning of forests and land inRokan Hulu Regency in particular is also caused by many people wanting to openoil palm plantations, because palm oil production is currently being sold at quiteexpensive prices compared to previous years. The perpetrators of forest and landburning got away with it without strict law enforcement by the Rokan Hulu Resortpolice. Various regulations regarding the criminal act of burning forests and landhave clear penalties starting from the Plantation Law, Forestry Law, and PPLHLaw.The method for writing this research was carried out by means ofsociological legal research. This research was carried out in the Rokan Huluresort police area, because from data obtained from the Rokan Hulu RegionalDisaster Management Agency (BPBD) cases of forest and land fires increaseddrastically, especially in 2022 The author took samples including the Head ofCriminal Investigation Unit of the Rokan Hulu Police, three investigators fromUnit 2 of the Criminal Investigation Unit of the Rohul Police, the Head of Head ofthe Rokan Hulu Regional Police Headquarters, and the community affected at thelocation of the fire.From the research results obtained from interviews, the first conclusioncan be drawn. The first way to enforce criminal law against perpetrators of forestand land fire crimes is to make adjustments to the applicable laws or carry outrepressive measures, namely by processes including carrying out inquiries andinvestigations. The two obstacles experienced by investigators in enforcing thelaw on forest and land fire crimes are remote crime scenes. Third, the efforts thathave been made by the Rokan Hulu Police to prevent forest and land fires havebeen coordinated with the government.Keywords: Law Enforcement-Forest and Land Fires-Crime.
PENERAPAN KETENTUAN PASAL 42 UNDANG-UNDANG NOMOR 10 TAHUN 1998 TENTANG PERBANKAN DALAM PENYIDIKAN TINDAK PIDANA PENIPUAN MELALUI MEDIA ELEKTRONIK DI SUBDIT V DIREKTORAT RESERSE KRIMINAL KHUSUS KEPOLISIAN DAERAH RIAU Putra, Yanda Syahrul Qotni; Erdiansyah, Erdiansyah; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The crime of fraud through electronic media is one of the cyber crimes that existtoday, and the regulation related to this crime has also been regulated in Article 28Paragraph (1) of the Law on Electronic Information and Transactions. However, theenforcement of the regulation can be considered less than optimal because during thehandling, especially during the investigation, there are several obstacles that occur, and oneof these obstacles is due to the existence of Article 42 of Law Number 10 of 1998 concerningBanking which causes obstacles to an effective investigation process. The main problems inthis research are: How is the application of Article 42 of Law Number 10 of 1998concerning Banking in the investigation of criminal acts of fraud through electronic mediain Subdit V of the Special Criminal Investigation Directorate of Riau Police; What are theobstacles faced by investigators of Subdit V of the Special Criminal InvestigationDirectorate of Riau Police in applying the provisions of Article 42 of Law Number 10 of1998 concerning Banking in investigating criminal acts of fraud through electronic media;What efforts are made by investigators of Subdit V of the Special Criminal InvestigationDirectorate of Riau Police in applying the provisions of Article 42 of Law Number 10 of1998 concerning Banking in investigating criminal acts of fraud through electronic media.The type of research conducted is sociological legal research conducted at SubDirectorate V of the Special Criminal Investigation Directorate of Riau Police. The datasources used are primary data and secondary data. The data collection techniques used areinterviews and literature review. The data is then analyzed which is descriptive, evaluativeand prescriptive to be concluded using a deductive method of thinking.The results of this research are the application of Article 42 of Law Number 10 of1998 concerning Banking in the investigation of criminal acts of fraud through electronicmedia in Subdit V of the Special Criminal Investigation Directorate of Riau Police in theinvestigation of criminal acts of fraud through electronic media, where the regulation arisesif the investigator wants to disclose information related to bank secrets, especiallyinformation about customers.Keywords: Application - Crime - Fraud - Electronic Media
EFEKTIVITAS PENGGUNAAN KARTU KELUARGA DALAM SISTEM ZONASI PADA PENERIMAAN PESERTA DIDIK BARU (PPDB) SMA NEGERI DI PEKANBARU PUTRI, ANGGIE ANDIKA; Artina, Dessy; Rauf, Muhammad A.
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Abstract

The zoning system is a policy for accepting new students (PPDB) which iscarried out by determining the zone radius between the school and the placewhere the relevant student lives. One of the objectives of the zoning system itself ismapping students during school registration, besides aiming to equalize thequality of education, eliminate the title of favorite school, improve the quality ofteachers, and reduce the level of traffic congestion.This research was conducted using a qualitative approach, the authorwent into the field to conduct observations and direct interviews with researchinformants. The unequal quality of education equivalent to State High Schools hasbeen a problem that has been occurring for some time. Efforts made to overcomethis problem are the implementation of a zoning system for Admission of NewStudents (PPDB).The PPDB zoning system aims to: a) Ensure that the admission of newstudents is carried out in an objective, transparent, accountable, nondiscriminatory and fair manner in order to encourage increased access toeducational services, b) Ensure the availability and readiness of educational units(state schools, in particular) to be able to provide quality education services, c)Ensure equal access and fair quality of education in each zone/region determinedto be close to where students live, d) Ensure the provision of competent teachingand education staff supported by adequate infrastructure and facilities that can beprovided and used jointly by every educational unit in the designated area/zone.However, in reality, the zoning system has not been implemented wel, due to theineffective use of Family Cards. This is proven by the methods used by thecommunity to continue attending the school which has been labeled as a favoriteamong the community, including the people of Pekanbaru.The conclusion fromthe research is that equal distribution of education using the zoning system hasnot been completely successful, there are several factors causing this to happen.Suggestions from this research is to have an approach to the communityregarding the purpose of implementing a zoning system, so that the communityunderstands and complies with the regulations issued by the government.Keywords: Zoning System, Acceptance of New Students (PPDB)
PERBUATAN MELAWAN HUKUM ATAS PENARIKAN SECARA PAKSA OBJEK JAMINAN FIDUSIA OLEH PT. CAPELLA MULTIDANA Bunga Khairatunisa; Ulfia Hasanah; Meriza Elpha Darnia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Unlawful actions refer to any act that violates the law and causes harm to others,obligating the person responsible for the wrongdoing to compensate for the incurred losses. Thecase between Mr. Maman and PT. Capella Multidana involves the forced repossession of Mr.Maman's four-wheeled vehicle due to a 3-month default on installment payments. PT. Capellaused a debt collector without revealing their identity, assignment letter, or membership card fromthe Indonesian Financing Company Association. This study aims to determine whether the forcedrepossession of the fiduciary collateral by PT. Capella Multidana constitutes an unlawful act andto explore potential resolutions.This research is sociological in nature and was conducted at PT. Capella MultidanaPekanbaru City. The study involved three participants: Mr. Maman, Mr. Octa Fadhillah as Mr.Maman's Legal Representative, and the Legal Staff of PT. Capella Multidana. Data collectiontechniques included interviews and literature reviews, utilizing both primary and secondary datasources.PT. Capella Multidana's unlawful actions include the forced repossession of the fiduciarycollateral using a debt collector without proper documentation such as assignment letters,fiduciary deeds, and membership cards from the Indonesian Financing Company Association. Thisact also violated the mutual agreement clause in Article 10 regarding dispute resolution. Mr.Maman suffered losses as a result. The court's decision, with case number 160/pdt.g/pn pbr,ordered PT. Capella Multidana to return Mr. Maman's collateral vehicle. However, PT. CapellaMultidana did not execute the order based on Article 29 of the Fiduciary Guarantee Law, whichincludes direct execution with an executory title, public auction, and private sale. Attempts tonegotiate directly at PT. Capella Multidana's office for a settlement were unsuccessful. Mr.Maman filed a lawsuit that went through the court and the appeal process.Keywords : Keywords: Fiduciary-Withdrawal-Unlawful Actions.
PENEGAKAN HUKUM SITUS JUDI ONLINE DI WILAYAH HUKUM KEPOLISIAN DAERAH RIAU Suhada, Dwi Raman; Erdiansyah, Erdiansyah; Andrikasmi, Sukamariko
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Gambling through online sites has been regulated in Article 45 paragraph (3) of LawNumber 1 of 2024 concerning Electronic Information and Transactions which explains theprovision that every person who intentionally and without rights distributes, transmits and/ormakes accessible electronic information and/or electronic documents that have gamblingcontent as referred to in Article 27 paragraph (2) shall be sentenced to imprisonment for amaximum of ten years and/or a maximum fine of ten billion. However, what is known untilnow is that gambling through online sites is still widely available among the public and hasnot been resolved. This study aims to find out how the law enforcement of online gamblingsites in the Riau Regional Police Jurisdiction.This study uses sociological legal research methods, namely research that wants to seethe correlation between law and society with the gap between das sollen and das sein, datasources are primary data and secondary data consisting of primary legal material,secondary legal material and tertiary legal material. Data collection techniques in this studyare interviews, questionnaires and literature studies as well as data analysis usingqualitative analysis with deductive methods. The respondents were law enforcement officersfrom investigators of sub-directorate V Ditreskrimsus Polda Riau, Riau High Prosecutor'sOffice, and also the Pekanbaru District Court.The results of this research are Law Enforcement on gambling cases through onlinesites in the Riau Regional Police Jurisdiction, including Intelligence Information Collection,Initial Investigation, Formation of Investigation Team, Evidence Collection, Arrest andSeizure, In-depth Investigation, Legal Prosecution, Courts and Verdicts, Execution ofVerdicts, Prevention and Education. And the inhibiting factors include technological factorsand the skills of the apparatus which result in difficulties in identifying who owns the site,then operational cost factors, law enforcement factors, and community factors. The effortsthat have been made are Improving Technology and Skills, Cross-Border Cooperation,Improving Laws and Regulations, Using Advanced Technology, Collaboration with thePrivate Sector, Raising Community Support, and Providing Additional Resources.Keywords: Law Enforcement, Online Gambling Sites, Riau Regional Police
PERBANDINGAN YURIDIS HAK VETO PRESIDEN TERHADAP RANCANGAN UNDANG UNDANG ANTARA INDONESIA DENGAN AMERIKA SERIKAT Nababan, Eprin Erikson; Haryono, Dodi; Akmal, Zainul
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Article 5 Paragraph (1) explains that the President as one of theexecutives has the right to submit bills to the DPR as a legislative institution.Article 20 also regulates the formation of the bill. The joint agreement on thelegislative function in the Indonesian presidential system of government dividesauthority. The refusal made by one party opens the possibility of tension inrelations between the DPR and the President. Second, to find out the similaritiesand differences in presidential veto power on draft laws in Indonesia and theUnited States. Third, to find out the advantages and disadvantages of thepresident's veto power over draft laws in Indonesia and the United States.The research method in this thesis uses a type of normative juridicalresearch, which is research focused on examining the application of rules ornorms in positive law. The nature of this thesis research is descriptive researchthat describes systematically, the facts and characteristics of the object understudy precisely. The data sources used are primary, secondary and tertiary datasources, The data collection method used in this study is the first literature study,is a technique to obtain secondary data through documents related to theproblem, objectives and benefits of research, then after the data is collected thenanalyzed to draw conclusions.Based on the results of research, in Indonesia veto power is the right todeclare rejection of a draft law or to the material of a bill in the planning,drafting, and discussion stages. While in America the veto power is at the stage ofdetermination (approving) The explanation above has explained that in Indonesiathe constitution only gives "a kind of veto power" to the President, but has notgiven the veto power itself to the President directly.Keywords: Veto Rights, President, Draft Law.
KESEIMBANGAN HAK DAN KEWAJIBAN PARA PIHAK PADA TAHAP PRA-KONTRAKTUAL INFORMED CONSENT DI RUMAH SAKIT ZAINAB PEKANBARU Ruziqna, Ananda; Firdaus, Firdaus; Dasrol, Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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The balance of the parties at the pre-contractual stage of informed consent at ZainabPekanbaru Hospital is interesting to study in depth. This is because there are still manyincidents where the patient and the hospital have not maximized the implementation ofthe pre-contractual stage even though informed consent has been carried out. Thepurpose of this study is, First, to find out how the balance of the parties is applied in thepre-contractual Informed Consent stage at Zainab Hospital Pekanbaru. Second, find outwhat conditions lead to non-fulfillment of the balance between the parties in the InformedConsent pre-contractual stage at Zainab Pekanbaru Hospital.This research uses the type of empirical legal research or sociological legal research.The sample in this study was Doctor, Nurse, and Patient of the Zainab Mother and ChildHospital, Pekanbaru City. The analytical tool in this study is a qualitative method. Thisstudy found that there were things that were less than optimal in reality on the ground,so it was necessary to anticipate them with maximum effort.This study concludes that, First, the application of the principle of balance of the partiesin the pre-contractual informed consent stage at Zainab Pekanbaru Hospital in fact, notreached balance. The hospital has tried its best to implement the principle of balance asbest as possible, but there are some patients who have problems implementing theprinciple of balance. Second, the situation that caused the principle of balance betweenthe parties to not be fulfilled in the pre-contractual stage of informed consent at ZainabHospital in Pekanbaru was caused by both parties. First, the circumstances that causethe patient's principle of balance to not be fulfilled consist of three causes, the first is thepatient's lack of knowledge of his rights and obligations. This is divided into 3 causes,namely the patient's level of education and experience, lack of information and socialculture and economics. Second, the patient does not provide honest and completeinformation about the disease he is suffering from. Third, the patient does not understandthe doctor's explanation, this is caused by 3 things, namely, the influence of age, theinfluence of education, the influence of work and at the pre-contractual stage, informedconsent was not explained. Second, the situation that causes the doctor's principle ofbalance to not be fulfilled, in the patient-doctor relationship, communication is active-passive. Doctors are active and patients are passive and only answer when asked or actafter being ordered by the doctor. The communication conveyed is also not clear, becausepatients lack medical terminology, and doctors do not provide opportunities for patientsto ask further questions about their medical condition.Keywords: Informed Consent – Balance – Pre Contractual
STRATEGI PENANGANAN PELAKU KEJAHATAN TERHADAP KESUSILAAN AGAR TIDAK MENJADI RESIDIVIS Latifah Alkhairiyah; Mukhlis R; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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The large number of recidivist cases of crimes against morality that haveoccurred in Indonesia in recent years have raised concerns among the public.Based on data from the Directorate General of Corrections under the Ministry ofLaw and Human Rights in the last six years (2017-2022), there has been a verysignificant increase in the number of recidivist cases of crimes against moralityfrom year to year. The increase in recidivist cases shows that the handling andtraining for compensation for crimes against morality in Indonesia has not beeneffective enough in providing a deterrent effect to perpetrators of crimes againstmorality, so that perpetrators still dare to repeat crimes against morality. The aimof this thesis is firstly, to describe cases of recidivist crimes against morality andtheir current handling. Second, to develop strategies that can be implemented inhandling perpetrators of crimes against morality so that they do not becomerecidivists who commit crimes against morality.This research uses a normative juridical approach, where this researchfocuses on studying legal principles, especially the legal principle of the purposeof punishment, namely the legal principle of expediency in handling and trainingperpetrators of crimes against morality. The approach taken was to use qualitativedescriptive analysis techniques, in data collection the literature review methodwas used. The data sources used are primary and secondary legal materials.The conclusions obtained from the research results are first, based on thefacts and data found, there are still many shortcomings and defects in handlingperpetrators of crimes against morality, this is based on the increasing data onrecidivism cases of crimes against morality in Indonesia in the last six years, thehigh numbers reveal section in public spaces and even in schools, the rights andobligations of each compensation are the same and equal without consideringbecause the driver committed a criminal act. The latest solution from theGovernment is in the form of additional punishment of chemical castration, butuntil now it has not been implemented properly and correctly due to the manydynamics chemical castration punishment. Second, the strategy that researcherscan offer is to make improvements to the existing improvement training system inIndonesia. Researchers offer a solution in the form of holding specialpsychological and psychiatric rehabilitation facilities to lead criminals to decency.Where the development of psychological and mental health will be something thatis taken into consideration in freeing the perpetrator after the end of the prisonterm.Keywords: Strategy-Handling-decency-recidivism
PERAN DIREKTORAT RESERSE KRIMINAL KHUSUS DALAM MENANGGULANGI TINDAK PIDANA PERJUDIAN ONLINE DI WILAYAH KEPOLISIAN DAERAH RIAU Napitupulu, Yosua Alexander; Erdianto, Erdianto; Andrikasmi, Sukamariko
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Advances in technology and communication have become increasinglyrapid, affecting every access to human life, In this day and age, crime in thevirtual world (cyber crime). One of the crimes that is currently developing isonline gambling crime. Therefore, the aim of this thesis research is first, to findout the factors that cause the rise of online gambling in the Riau Regional Policearea. Second, to find out the role of the Special Criminal InvestigationDirectorate in dealing with online gambling crimes in the Riau Regional Policearea. Third, to find out the obstacles for the Directorate of Criminal Investigationin tackling online gambling in the Riau Riau Regional Police area.This type of research can be classified as a type of sociological research.This research took place at the Riau Regional Police, where researchersdetermined that the population and sample were all parties related to the problembeing studied. This research uses data sources in the form of primary data andsecondary data, and data collection techniques are carried out by means ofinterviews.From the results of the research and discussions carried out, it can beconcluded that the crime of online gambling in the Riau Regional Police is still sowidespread that it requires maximum efforts, which is caused by various factors,including: First, a preemptive effort in the form of an appeal to online gamblingplayers by conducting outreach in the field of public order. Second, preventiveefforts in the form of blocking sites carried out in collaboration with the Ministryof Communication and Information. Third, repressive efforts can be interpreted ascountermeasures, namely efforts shown to someone who has become evil to helphim return to the right path, by arresting online gambling suspects.Keywords: Law Enforcement – Online Gambling Crime.

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