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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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Search results for , issue "Vol 11, No 1 (2024): Januari - Juni 2024" : 80 Documents clear
TINJAUAN TENTANG JUAL BELI UANG RUSAK DALAM PERSPEKTIF PASAL 1320 KITAB UNDANG-UNDANG HUKUM PERDATA (STUDI KASUS DI PASAR KODIM KECAMATAN SENAPELAN KOTA PEKANBARU) Umary, Fajrika Adil; Bachtiar, Maryati; Putra, Setia
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

Buying and selling damaged money (Bakul Duit Keliling) is a transactionactivity of buying and selling damaged money to people who have damagedmoney and replacing it with half or more than half the nominal amount ofdamaged money owned by the community. Therefore, the aim of this thesisresearch is first, the buying and selling of damaged money that occurs at theKodim Market, Senapelan District, Pekanbaru City is in accordance with thelegal terms of the agreement. Second, the legal consequences of buying andselling damaged money that occurred at the Kodim Market, Senapelan District,Pekanbaru City from the perspective of Article 1320 of the Civil Code.The type of research that the author uses is Sociological legal research.The research location was carried out at the Kodim Market, Senapelan District,Pekanbaru City. Meanwhile, the population and sample are all parties related tothe problem examined in this research, the data sources used, primary data andsecondary data, data collection techniques in this research using interviews,literature review and data analysis.As for the results of the research problem, there are two main things thatcan be concluded. Firstly, buying and selling damaged money at the SenapelanDistrict Kodim Market involves mobile Money Baskets (Buyers of DamagedMoney) and traders selling at the Senapelan District Kodim Market. Second, thelegal consequences of buying and selling damaged money that occurred at theKodim Market, Senapelan District, Pekanbaru City, are null and void.Keywords : Agreement - Buying and Selling Damaged Money - LegalConditions
TINJAUAN YURIDIS AUTOPSI ULANG KORBAN TINDAK PIDANA DAN KEKUATAN HUKUM PEMBUKTIANNYA Riandra, Daffa Azta; Erdiansyah, Erdiansyah; Hidayat, Tengku Arif
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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In criminal cases, evidence is always a principal and crucial matter,because sometimes in processing a case. Witnesses, victims and perpetrators aresilent, meaning they do not want to provide information. Because it makes proofsomething important. In practice, autopsies are performed more than once. Thefunction of the autopsy is as a criterion in determining the criminal liability of theperpetrator. If there is a re-autopsy whether the judge ignores one of them, and ifthere are two autopsy results how the judge assesses each autopsy because notnecessarily the results of the re-autopsy are correct. This raises the uncertainty ofthe position of the re-autopsy results for the purposes of trial evidence. Then inthe forensic regulation in Indonesia, it does not clearly regulate re-autopsy,including the conditions that must be met if you want to do a re-autopsy, the timelimit for re-autopsy and how many times a re-autopsy is carried out. Theregulation of re-autopsy in Indonesia is not regulated in legislation and has notclearly regulated the position of re-autopsy evidence and its legal certainty.This research is classified into normative juridical research. The data usedare primary data and secondary data consisting of primary legal materials,secondary legal materials, and tertiary legal materials. The data collectiontechnique uses the literature review method, namely describing and analyzingdata from several sources such as laws, books and opinions of criminal lawexperts. This research was then analyzed descriptively qualitatively. The inferencetechnique used is by doing a deductive mindset.The results of this study are that re-autopsy is valid because it strengthensthe search for material truth of a criminal act and re-autopsy re-autopsy forevidentiary purposes depends on the judge's consideration in assessing the resultsof the re-autopsy. Because the value of the evidentiary power is free, it is hopedthat the judge will consider justice, expediency and legal certainty in decidingcriminal cases so that there will be no misguided decisions.Keywords : Autopsy,Victim,Criminal Act,Evidence
PELAKSANAAN KEWAJIBAN PENGGARAP DALAM PERJANJIAN BAGI HASIL USAHA PERKEBUNAN KARET DI DESA PETAR DALAM KABUPATEN MUARA ENIM PROVINSI SUMATERA SELATAN Sari, Anggela Novita; Firdaus, Firdaus; Putra, Setia
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 implementation of cooperation agreements for the production of rubber plantation land ismostly carried out in rural areas and is carried out verbally, as happened in Petar Dalam Village,Muara Enim Regency, South Sumatra Province. In carrying out this agreement, there are times whenproblems occur between the parties. Most of the problems in Petar Dalam village are caused bycultivators who are negligent in carrying out their obligations. Therefore, the purpose of this researchis to first examine the implementation of cultivator obligations in the rubber plantation businesscooperation agreement in Petar Dalam Village, Muara Enim Regency, South Sumatra Province.Second, settlement of disputes on the implementation of cultivator obligations in the rubber plantationbusiness cooperation agreement.This type of research can be classified as sociological research. The research location takesplace in Petar Dalam Village, Muara Enim Regency, South Sumatra Province, while the populationand sample are all parties related to the problem under study. This study uses data sources in the formof primary and secondary data, and data collection techniques are carried out through interviews.From the results of research problem, there are two things that can be concluded. From theresults of research problems there are two things that can be concluded. First, the implementation ofthe cultivator's obligations in the rubber plantation business agreement in Petar Dalam Village has abackground of beliefs and habits that have been carried out for a long time, as well as the rights andobligations of the cultivator and the owner, which were also spoken verbally when making anagreement, which led to several cases of neglect by cultivators in carrying out their obligations.Second, the settlement of disputes regarding the implementation of the cultivator's obligations in therubber plantation business cooperation agreement in Petar Dalam Village is amicable, namely byconducting deliberations of the parties, but if the deliberations do not reach a meeting point, theHeadman will be involved as a mediator. The author's suggestion is First, it is better if the owner andcultivator use a written agreement as the basis for entering into a production sharing cooperationagreement to ensure the fulfillment of the rights and obligations of the parties in entering into theagreement, and it is easy to prove if in the future there is a default by one of the parties. Second, it isbetter if, when entering into a production sharing agreement, the owner and cultivator involve theheadman and two witnesses so that the headman, as village apparatus, can also be the officialmediator in any disputes between the parties.Keywords: Agreement-Cooperation-Profit Sharing
ANALISIS PENGGUNAAN MATA UANG ASING DALAM PERJANJIAN JUAL BELI DI INDONESIA BERDASARKAN SYARAT SAH PERJANJIAN Ivanov, Irsandi; Lestari, Rika; Dasrol, Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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The case of people in border areas who still use payment transactions in foreigncurrency is the people of Nunukan Regency, North Kalimantan, specifically the peopleof Krayan District, which borders Sarawak, Malaysia. Nunukan Regency is located inthe northernmost region of North Kalimantan Province. This district borders directlywith the state of Sabah (East Malaysia) to the north, with Bulungan and Malinaudistricts to the south, to the south with the state of Sarawak (East Malaysia) and to theeast with the Sulawesi Sea. Nunukan Regency, which was inaugurated as anautonomous region in 1999, occupies an area of 14,247.50 km2. The applicablecurrency is not only Rupiah, it also uses Ringgit.The type of research used is normative research on legal principles, namely theprinciple of legal certainty, so research on legal principles is carried out on legal rules,which are standards for inappropriate behavior or behavior. This research can becarried out on primary and secondary legal materials. The data sources used in thisresearch are secondary data, namely data obtained from literature studies and havebinding legal force, consisting of primary legal materials, secondary legal materialsand tertiary legal materials. The data collection technique used by the author in thisresearch is using library research, namely researching reading sources related to thetopic in this research such as: law books, statutory regulations, court decisions relatedto research, opinions of scholars and other supporting materials.Based on the results of the research and discussion, it can be explained asfollows: First, the validity of buying and selling using foreign currency in Indonesianterritory is based on the legal conditions of the agreement, violating the legalconditions of the agreement contained in Article 1320 of the Civil Code, namely notfulfilling halal reasons. That by using foreign currency, it means violating Law Number7 of 2011 concerning Currency. Second, The impact of the use of foreign currency onsociety in Indonesia can be summarized into several parts, namely: Legal impact:Imprisonment for a maximum of 1 (one) year and a maximum fine of IDR200,000,000.00. The civil legal impact is that because the principal of the agreementand the legal conditions are not in accordance with statutory regulations, theagreement made by the people of the border area is considered null and void. Theimpact from an economic perspective is depreciation of the currency value which makesthe bargaining value of the Rupiah low which can increase the price of local goods andaffect foreign debt payments, which leads to increasingly worse social inequality. Theimpact in terms of domestic security will be crimes that have economic reasons,because the state fails to maintain economic stability.Keywords: Agreement - Currency - Border Areas
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
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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
IMPLEMENTASI PERATURAN MENTERI HUKUM DAN HAK ASASI MANUSIA NOMOR M.HH.02.UM.06.04 TAHUN 2011 TENTANG PEDOMAN PELAYANAN KESEHATAN DI LINGKUNGAN KEMENTERIAN HUKUM DAN HAK ASASI MANUSIA DI LEMBAGA PEMASYARAKATAN KELAS IIB PASIR PENGARAIAN Faradila, Mutia; Firdaus, Emilda; Akmal, Zainul
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Health care is a form of realization of the implementation of human rights and is one ofthe elements of welfare that must be realized in accordance with the ideals of the Indonesiannation. All citizens have the right to obtain health services. Article 4 of Law Number 36 of 2009concerning health says "everyone has the right to health".This type of research is sociological or empirical juridical legal research, namelyresearch obtained directly from the community or primary data research. This research aims tosee the correlation between legal regulations and their implementation in the community byinstitutions.Based on the results of temporary research, the implementation of the MinistryRegulation has not been as expected. This is due to limitations in facilities and infrastructure andthe unavailability of health workers at the Pasir Pengaraian Class IIB Penitentiary. Healthservices in its implementation have been carried out in collaboration with the local CommunityHealth Center in the form of health service visits 2 (two) times a week and there is a PrimaryClinical Clinic at the Pasir Pengaraian Class IIB Correctional Institution, but in its enforcementit is still not appropriate and must be adjusted to the Regulation of the Minister of Law andHuman Rights Number M.HH.02.UM.06.04 of 2011 concerning Guidelines for Health Serviceswithin the Ministry of Law and Human Rights.Keywords: Health Services, Correctional Institution, Human Rights
IMPLEMENTASI PEMBERIAN BANTUAN HUKUM TERHADAP PEREMPUAN YANG MENGALAMI PERMASALAHAN KEKERASAN SEKSUAL DI KOTA PEKANBARU Saragih, John Meidi; Rahmadan, Davit; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Sexual violence is a crime that is currently receiving a lot of publicattention. The media often covers news about sexual violence crimes. As a type ofclassic crime, this crime has existed for a long time and will continue to exist anddevelop along with human culture. The aim of this research is to find out how thePekanbaru legal aid system helps victims of sexual violence. Sociological legalresearch is the research approach used in this research. A literature review andinterviews in the field of law constitute this research. The implementation of legalaid for women who experience sexual violence in Pekanbaru is the focus of thisresearch debate. Primary, secondary and tertiary legal sources are used as datasources. As legal aid institutions, PBH Pekanbaru, UPT PPA Pekanbaru City,LBH Putra Bangsa Justice Forum and PBH Adin Siak.A woman who is a victim of sexual violence faces too many obstacles whenit comes to accessing justice or needing legal protection. Weak laws and negativeviews of victims of violence are considered to be the basic reasons why not manywomen report the violence they experience. And it becomes more difficult inlayers when the perpetrator is a public official or public figure. There is animbalance in power relations where the perpetrator may use his relations andpower to influence the victim's access to justice. This results in impunity forperpetrators while victims of violence do not have their rights to justice, truth andrecovery fulfilledLegal aid institutions As part of its initiative to protect women andchildren from sexual violence, the Indonesian government has offered legal aidthrough the Women and Children Protection UPT. People in Indonesia have feltthe benefits of community and government efforts in providing legal assistance.Based on a study by the Pekanbaru Legal Aid Center, PBH Pekanbaru as a lawfirm should naturally take legal action to help all its customers. The first line ofdefense against sexual violence is Psychosocial, Paralegal Post, Advocacy andSafe House.Keywords: Implementation, Provision Of Legal Aid, Women, Sexual Violence.
POLITIK HUKUM KEDUDUKAN KOMISI PEMBERANTASAN KORUPSI (KPK) DALAM STRUKTUR KETATANEGARAAN INDONESIA Hutasoit, Magdalena Br; Artina, Dessy; Rauf, Muhammad A.
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Highlighting the performance of the executive, legislative and judicialgovernments, which often deviate from the rules and have violated the constitution,causing losses to the state. These deviant acts are rampant acts of corruption that havenever disappeared from the government from the past until now. In fact, the legitimacy ofprevious institutions tends to be questioned, due to the widespread practices ofcorruption, collusion and nepotism that occur in these institutions. This is thebackground that requires an institution that has a special task to eradicate corruptionwithin the Indonesian government, so a new institution was formed in the reform era inIndonesia, namely the Corruption Eradication Commission (KPK). This is because thecriminal act of corruption is defined as an action carried out by individuals in thelegislative, judicial and private institutions whose aim is to benefit themselves and others.increasing the level of public trust in the KPK, it turns out that the state issued a newregulation to the KPK, namely Law of the Republic of Indonesia Number 19 of 2019concerning the Second Amendment to Law Number 30 of 2002 concerning theCorruption Eradication Commission which has become controversial for the publicbecause of several articles that contained in this Law has weakened the position of theCorruption Eradication Commission in carrying out its duties and authority. This is whatunderlies the need for this research.This research is normative legal research. This is based on library researchwhich takes quotations from reading books, or supporting books that are related to theproblem to be researched. Data sources Primary, secondary and tertiary data sourcesare characteristic of this research. This research also uses qualitative data analysis andproduces descriptive data. From the results of the research and discussions carried out,several conclusions were obtained, namely: First, eradicating corruption is a reformmandate that requires government administration that is free from corruption, collusionand nepotism as mandated in Law Number 28 of 1999 concerning State AdministrationPractices. which is Free and Clean from Corruption, Collusion and Nepotism. To carryout this mandate, the Corruption Eradication Commission (KPK) was formed as a bodythat has the authority to investigate, investigate and prosecute criminal acts ofcorruption, therefore it became inevitable that the Corruption Eradication Commissionwas born amidst the ineffectiveness of the Prosecutor and Police in eradicatingcorruption cases in Indonesia. Second, changes were made to the LawKeywords: Corruption Crimes, State Constitutional Structure, Trias Politica
PENERAPAN HUKUM ADAT DALAM PENYELESAIAN PERSELISIHAN DI KECAMATAN GUNUNG TOAR KABUPATEN KUANTAN SINGINGI Taramadina, Nivia; Ismi, Hayatul; Ferawati, Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Law has always existed in every society. In the Kenegrian Empat KotoGunung area, Gunung Toar District, Kuantan Singingi Regency, people still usetheir customary law in resolving disputes. Concretely, dispute resolution withcustomary law is carried out with the principle of peace. The settlement of thecase is carried out by consensus and settlement in stages from the low (mamakkaum) to the high (customary chief). The objectives of writing this thesis are:First, to find out the process of resolving criminal cases based on applicablecustomary law, second to find out the application of customary law in resolvingdisputes in Gunung Toar District.This type of research uses sociological research methods directly at thelocation or place to be studied. This research was conducted in Kenegrian EmpatKoto Gunung Gunung Toar District. While the population and sample are allparties related to the problems examined in this study, the data sources used areprimary data, secondary data and tertiary data, data collection techniques in thisstudy are interviews and document studies.The results of the research The community in Gunung Toar Subdistrictalways prioritizes deliberation in every activity, especially in matters relating tothe settlement of disputes or disputes, so that every problem that occurs in thecommunity always involves the role of traditional leaders in its resolution, this isa reflection of the customs that they have always applied, where every disputealways uses peace efforts with mediation by the perpetrator who has violatedcustomary provisions. The application of customary law in resolving disputesmeans that the case will be resolved in a family manner. For the people ofGunung Toar, customary law is an umbrella for justice seekers and protectseveryone from injustice. Any problems concerning life between fellowcommunities are resolved by customary law.Keywords: Customary Law-Disputes-Customary Rules
TINJAUAN YURIDIS PENERAPAN LARANGAN PERSEKONGKOLAN TENDER MENURUT UNDANG-UNDANG NOMOR 5 TAHUN 1999 TENTANG LARANGAN PRAKTEK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT (STUDI KASUS DI KANTOR LAYANAN PENGADAAN SECARA ELEKTRONIK PROVINSI RIAU) Hutahaean, Irvan Juanda; Firdaus, Firdaus; Ismi, Hayatul
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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The procurement of goods or services in a project of a company or governmentagency is often through tenders. This is intended by the tender organizer to get the price ofgoods or services that are in accordance with the standards and with the best possiblequality. In essence, the implementation of tenders must meet the principles of fairness,openness, and non-discrimination. In addition, tenders must pay attention to things that donot contradict the principle of unfair business competition.The type of research in this type of research is sociological law research, namely insociological law research, law is conceptualized on social institutions that are actuallyrelated to other social variables. This research is descriptive, i.e. to give as precise a word aspossible about people, circumstances or other symptoms.The conclusion of this study is, first, unfair business competition is competitionbetween business actors in carrying out production and/or marketing activities of goodsand/or services that are carried out in a dishonest or unlawful way or hindering businesscompetition. Second, tender conspiracy is an activity that is usually carried out by businessactors by making agreements to win tenders These activities often result in obstacles forbusiness actors who are not involved in the agreement and further impacts can result inlosses for the organizers because there are irregularities regarding prices. Third, in theimplementation of tender bidding in Riau province, the main goal that LPSE Riau Provincewants to achieve is to provide balanced opportunities for all bidders

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