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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 24 Documents
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Search results for , issue "Vol 11, No 2 (2024): Juli - Desember 2024" : 24 Documents clear
PERLINDUNGAN HUKUM TERHADAP HAK ASASI MANUSIA BAGI NARAPIDANA NARKOBA DALAM SISTEM PEMASYARAKATAN PADA RUMAH TAHANAN (RUTAN) SIALANG BUNGKUK PEKANBARU Luthfia, Naura
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 2 (2024): Juli - Desember 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Imprisonment is one of the main forms of punishment served by prisoners based on thejudge's decision, where prisoners are placed in correctional institutions, hereinafterreferred to as LAPAS, which is a place to carry out guidance for prisoners. Or DetentionCenter, hereinafter referred to as RUTAN, is a place where suspects or defendants aredetained during the investigation process. Prisoners' rights are regulated in theprovisions of Article 9 of Law Number 22 of 2022 concerning Corrections. Convicts asconvicts serving prison sentences have rights protected by Human Rights andIndonesian Law, one of which is the provision of remissions.This research aims to determine the legal protection of human rights for drugconvicts in the correctional system at the Siang Bungkuk Pekanbaru detention center(RUTAN) and as information material for the community and parties involved inupholding human rights. This research uses sociological legal research wheresociological legal research is research carried out directly on location or in the field toobtain data to provide a complete and clear picture of the problem being studied. Thepopulation was determined to be 500 narcotics prisoners with a sample of 5 narcoticsprisoners. Based on the research results, it can be seen that in the implementation oflegal protection of human rights for drug convicts in the correctional system at the SiangBungkuk Pekanbaru detention center (RUTAN). The research results show that thereare differences in the implementation of human rights protection for prisoners with LawNumber 22 of 2022 concerning Corrections.The implementation of prisoner's rights at the Sialang Bungkuk DetentionCenter has gone quite well, but the issue of remission has not gone well. Theimplementation of the rights of prisoners in the Sialang Bungkuk Detention Center hasbeen going quite well, especially for the rights contained in Article 9 of Law Number 22of 2022 concerning Corrections as well as human rights which cannot be reduced evenwhile serving a prison sentence have also been implemented. by RTAN SialangBungkuk, however, the prisoners' rights contained in article 10 of Law Number 22 of2022 concerning Corrections regarding the issue of granting remissions are still noteffective due to a lack of socialization by the Rutan, therefore the need for socializationby the Rutan to prisoners.Keywords: Legal Protection, Human Rights, Prisoners.
PRAKTEK PENGUASAAN PASAR OLEH PT SUMATERA RESOURCE INTERNATIONAL (SRI) TERHADAP HASIL GAMBIR DI KABUPATEN LIMA PULUH KOTA Putra, Rian Dika; Jayakusuma, Zulfikar; Dasrol, Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 2 (2024): Juli - Desember 2024
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The practice of market control is prohibited in Article 19 of Law Number 5 of1999 concerning Prohibition of Monopoly Practices and Unfair Business Competition.The practice carried out by PT Sumatra Resource International (SRI), which has marketcontrol, is to become the sole recipient of the supply of gambier products in LimapuluhKota Regency. This research was conducted to determine the form of market controlcarried out by PT SRI over gambier products in Limapuluh Kota Regency and todetermine the government's efforts to overcome the occurrence of monopolistic practicesby PT SRI This type of research uses empirical juridical research, in other wordssociological research or is called field research. The samples in the research were theDepartment of Industry and Manpower of Limapuluh Kota Regency, Public Relations ofPT SRI, Gambir Farmers and Middlemen in Limapuluh Kota Regency. The data sourceis primary data, through research instrument data collection with interviews, secondarydata consists of primary legal materials, secondary legal materials and tertiary legalmaterials. Sociological research data collection using interviews was analyzedqualitatively. In drawing conclusions the author uses an inductive thinking method,namely drawing specific conclusions into a general statement.Based on the research results, it can be concluded. First, PT SRI is the sole recipientof supplies and has market power over gambier produce in Lima Pulu Kota district, whichresults in price fluctuations, unilateral price determination and leads to weak gambierprices. Second, the Limapuluh Kota Regency government has made efforts to overcomethis problem. These efforts, such as the Warehouse Receipt System (SRG), are stillhampered by costs and plans to create regulations regarding standardization of pricesand quality of gambier to provide certainty in the price of gambier commodities.Keywords : Market Control, Anti-Monopoly, Business Competition, Unfair BusinessCompetition.
TINJAUAN YURIDIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 90/PUU-XXI/2023 TERKAIT PERSYARATAN CALON PRESIDEN DAN CALON WAKIL PRESIDEN DIKAITKAN DENGAN ASAS PEMBAGIAN KEKUASAAN Sahara, Iman Fadilah Erian; Firdaus, Emilda; Artina, Dessy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 2 (2024): Juli - Desember 2024
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Abstract

The 1945 Constitution (UUD 1945) is one of the sources of Indonesianlaw. The age limit is stated in Article 169 letter q of Law Number 7 of 2017concerning Elections so it is felt to be inappropriate because the ConstitutionalCourt is a judicial institution or negative legislator, which means it does notimmediately make new rules and add legal norms to Law Number 7 2017concerning General Elections. The Constitutional Court has no authority toreplace or insert new norms into the content (paragraphs, articles and/or parts)of laws that have been declared contrary to the 1945 Constitution and thereforedo not have binding legal force.This type of legal research can be categorized as using a normative type oflegal research. Normative legal research is library legal research. The datasources used are secondary data consisting of primary legal materials, secondarylegal materials and tertiary legal materials. The data collection technique comesfrom the library research method. After the data is collected, conclusions aredrawnFrom the results of the research, 2 (two) main things were obtained,namely first, even though a judicial tip occurred, a criminal act or violation of thecode of ethics committed by a judge, does not make the Constitutional Court'sdecision invalid or wrong. Second, in this case the role of the ConstitutionalCourt is as a judicial institution which has the task of examining laws that arealready in force or that have been passed.Keyword: Constitutional Court, Ethics, Conflict of Interest
PROBLEMATIKA HUKUM PUTUSAN RECHTERLIJK PARDON DALAM SISTEM PEMIDANAAN DI INDONESIA Lase, Jovial Kristian; R, Mukhlis; Rahmadan, Davit
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 2 (2024): Juli - Desember 2024
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Abstract

The background of the concept of rechterlijk pardon is rooted in theprevalence of defendants who have actually fulfilled the burden of proof, butsentencing them would result in a conflict between legal certainty and justice. Onthe other hand, the qualification procedure for rechterlijk pardon must be strictlyregulated to ensure that pardons are not granted without guidelines, given thewide discretion available to judges. Rechterlijk pardon in the penal systemprimarily concerns the imposition of penalties where judges may decide not toimpose a sentence on proven guilty defendants based on the goals of sentencing.The analysis employs normative research using a qualitative approach,specifically conceptual and legislative approaches, to uncover how judges weighdecisions and the constraints that govern judges in rechterlijk pardon rulings.The findings of this research suggest that legal reasoning by judges mustalign with moral reasons consistent with Pancasila values and civilized law, andshould focus on individualizing punishment and subsociality in formulatingsentencing goals. Sentencing guidelines are intended as a controlling function.The highly individual characteristics of criminal cases should be autonomouslyjustified with sufficient consideration of legal principles and the principle of culpain causa.Keywords: Rechterlijk Pardon, Verdict, Penal System
KETAHANAN PANGAN DUNIA SEBAGAI DAMPAK PERANG UKRAINA RUSIA BERDASARKAN HUKUM INTERNASIONAL Nababan, Desvo Richat
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 2 (2024): Juli - Desember 2024
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In recent years, the war between Russia and Ukraine has had an impact on countries inthe world that are dependent on the conflicting countries in terms of food security which hascaused a food crisis which has caused world hunger rates to increase and created a situationof economic and political instability in the world. The right to food is a basic human rightrecognized in international, regional and national instruments. Therefore, the researchobjectives of this thesis are: first, to determine the impact of world food security as a result ofthe Ukraine-Russia war based on international law. Second, to find out the role of InternationalLaw in overcoming food security due to the impact of the Ukraine-Russia war.The type of research used by the author is normative legal research or what is known as"legal research". which means that legal research is conceptualized as what is written in thestatutory regulations (law in book) or law.From the research results, there are two main things that can be concluded. First, theUkraine-Russia War has implications for world food security, especially if the fighting involvesareas that are fertile and important for global food production, resulting in the destruction ofagricultural infrastructure, disrupting food production, and causing losses in global supplychains. This can lead to food shortages and increased food prices throughout the world. Inaddition, the war between Ukraine and Russia has an impact on food security that is not limitedto the conflict area, but can spread globally due to economic dependence and internationaltrade. Second, International Law plays an important role in overcoming the impact of theRussia-Ukraine war on food security. In this case, humanitarian law is present in upholdinghumanitarian principles in war situations, especially in maintaining access to world food forcountries that are food dependent on Ukraine and Russia.Keywords: Food Security, Ukraine, Russia, International Law.
ANALISIS YURIDIS PENGGANTIAN HAKIM MAHKAMAH KONSTITUSI DALAM MASA JABATANNYA OLEH DEWAN PERWAKILAN RAKYAT Suhendri, Dicky
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 2 (2024): Juli - Desember 2024
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The Constitutional Court is a high state institution in the Indonesianconstitutional system which has constitutional authority to adjudicate at the firstand final level to decide disputes over the authority of state institutions, thedissolution of political parties, disputes over general election results, and judicialreview of the 1945 Constitution. The constitution acts as the guardian of theconstitution whose task is to ensure that all legal products and actions of stateinstitutions do not conflict with the constitution.This research is normative research. This is based on library researchwhich takes quotations from reading books, or supporting books that are relatedto the problem to be researched. This research uses secondary data sourcesconsisting of primary, secondary and tertiary book materials. This research alsouses qualitative data analysis and produces descriptive data.From the results of the research and discussions carried out, severalconclusions were obtained, namely: First, Article 10 paragraph (1) PMK 4/2012clearly states that the replacement or removal of Constitutional Court Judgesfrom their positions can only be carried out by presidential decree at the requestof the chairman of the Constitutional Court ., Second, the removal ofConstitutional Judge Aswanto by the DPR is an attempted intervention against theConstitutional Court Judge, in this case the Judicial Authority should havefreedom and independence in carrying out the duties and functions of theConstitutional Court. So it can be concluded that the dismissal of Judge Aswantoand appointing Guntur Hamzah as Constitutional Court Judge is not can bejustified because it is contrary to law. The author's suggestion is that thePresident is expected to show firmness in handling the replacement ofConstitutional Justice Aswanto. In this case, the President is not obliged to payattention to the letter from the DPR regarding the replacement of ConstitutionalJustice Aswanto with Guntur Hamzah, or provide a response that the Presidentcannot carry out the replacement because the process is wrong.Keywords: Constitutional Court-Replacement of Judges-People'sRepresentative
PELAKSANAAN PERJANJIAN SEWA MENYEWA KOS VERLINA SECARA LISAN BERDASARKAN ASAS ITIKAD BAIK DI KOTA PEKANBARU Wulandari, Intan; Firdaus, Firdaus; Hendra, Rahmad
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 2 (2024): Juli - Desember 2024
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Agreements are an inseparable part of human life, starting from those made inwriting or unwritten. In principle, a rental agreement is a form of economic relationshipbetween the owner of the premises (the renter) and the tenant of the premises. Good faith isone of the principles of agreements, which is contained in Article 1338 paragraph (3) of theCivil Code, namely that agreements must be implemented in good faith. The implementationof the principle of good faith in the rental agreement for the Verlina boarding house inPekanbaru City is analyzed from the pre-contractual, contractual and post-contractualstages. This research aims to find out how the Verlina Boarding House room rentalagreement is implemented verbally based on the principle of good faith and the efforts thatmust be made so that the parties are obedient and obedient in implementing the VerlinaBoarding House room rental agreement verbally based on the principle of good faith inPekanbaru City.The type of research used is sociological legal research, namely legal research thatanalyzes the application of law in a real sense in society based on facts that exist in a society.The population and sample are all parties related to the problem being studied. This researchuses data sources in the form of primary data and secondary data, and data collectiontechniques are carried out using interviews and questionnaires.The results of this research are the implementation of the Verlina boarding house roomrental agreement orally based on the principle of good faith in Pekanbaru City between theboarding house owner and the boarding house tenant at the pre-agreement and contractualstages, the principle of good faith has been fulfilled, but at the post contractual there is adefault that occurs, the boarding house renter does not apply objective good faith inimplementing the agreement, especially in carrying out the boarding house renter'sobligations towards the boarding house owner, namely there are tenants who are late infulfilling their achievements in the form of not being on time in making payments for theboarding house rent. and being negligent in carrying out achievements by violating the rulesand regulations in the boarding house, there are boarding house tenants who are dishonestand run away before paying the boarding fee, causing losses to the boarding house owner.Efforts that must be made to ensure that the parties comply with the implementation of theagreement are to be given strict sanctions in the form of warnings and fines if they do not payboarding fees on time and fines for violations of regulations in the boarding house and toenforce the existence of guarantees in the boarding house rental agreement.Keywords: Verbal Agreement, Lease, Boarding House, Principle of Good Faith.
TINJAUAN YURIDIS PUTUSAN MAHKAMAH KONSTITUSI (MK) NOMOR 65/PUU-XXI/2023 BERKAITAN DIPERBOLEHKANNYA LEMBAGA PENDIDIKAN DIJADIKAN SEBAGAI TEMPAT UNTUK BERKAMPANYE Aflina, Dia; Haryono, Dodi; Indra, Mexsasai
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 2 (2024): Juli - Desember 2024
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This study aims to understand the perspective of Constitutional Court Decision No.65/PUU-XXI/2023 regarding the legality of using educational institutions ascampaign venues. The background of this research is the evolving political andregulatory context involving educational institutions in Indonesia. Prior to thisdecision, strict regulations prohibited the use of educational facilities for politicalcampaigns to preserve the neutrality and integrity of educational institutions asplaces for learning and intellectual development, free from political influence.This research is a normative legal study with a focus on the principle of legaljustice. It uses secondary data sources, including primary, secondary, and tertiarylegal materials. Data collection was performed through literature review, and dataanalysis employed a qualitative method.The findings reveal that the Constitutional Court's decision to permit the use ofeducational institutions for campaigns is based on balancing political expressionfreedom with educational neutrality. The Court concluded that as long aseducational institutions maintain their integrity and are not disrupted by campaignactivities, using these facilities for political purposes does not violate constitutionalprinciples. The implications include potential changes in the dynamics ofeducational institutions, which will need to establish procedures to ensure thatcampaign activities do not affect the learning process. Regulatory adjustments maybe necessary to define limits and mechanisms for campaign implementation ineducational settings.Keywords: Constitutional Court Decision, Educational Institutions, PoliticalCampaigns, Campaign Venues
ANALISIS YURIDIS PENYELESAIAN TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA PADA PERNIKAHAN SIRI Jannah, Raudhatul; Artina, Dessy; Ferawati, Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 2 (2024): Juli - Desember 2024
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Marriage is a bond born inwardly between a man and a woman ashusband and wife with the aim of forming a happy and eternal family (household)based on the One Godhead. Marriage is carried out in front of the marriageregistrar employee so that a marriage certificate is obtained as proof of theoccurrence of marriage. Legal certainty is obtained if the case is decided basedon laws and regulations. Unlike serial marriages that cannot be proven to exist.Where the marriage is carried out secretly or secretly. So it cannot prove themarriage really happened or not. When there is violence in a serial marriage,judges cannot decide cases using the Domestic Violence Law just because theyconsider the elements of the household scope as husband and wife withoutchecking whether the marriage is valid or not according to the Marriage Law.The purpose of the study is to analyze the settlement of domestic violence crimesin series marriages in Indonesian positive law and ideally appropriate settlementsin deciding cases of domestic violence in series marriages.The research method used is normative juridical research using statutory,case and conceptual approaches.The results showed that if the judge’sconsideration in imposing a crime using article 44 paragraph (1) of the DomesticViolence Law is not appropriate when related to the Marriage Law, the elementsof the household scope as a married couple according to article 2 paragraph (1)of the Domestic Violence Law have not been fulfilled because the validity of themarriage contract they carried out has not been proven in court so that it is not inaccordance with the provisions of article 1 of the Marriage Law. The settlement inthe case is still considered inappropriate because if it is decided by the DomesticViolence Law, there is no distinction between a valid marriage and an invalidone. So that the case does not get legal certainty.Keywords: Domestic Violence, Siri Marriage, Legal certainty.
KEBIJAKAN SISTEM ZONASI DALAM PERATURAN MENTERI PENDIDIKAN DAN KEBUDAYAAN REPUBLIK INDONESIA NOMOR 1 TAHUN 2021 TENTANG PENERIMAAN PESERTA DIDIK BARU PADA TAMAN KANAK-KANAK, SEKOLAH DASAR, SEKOLAH MENENGAH PERTAMA, SEKOLAH MENENGAH ATAS, DAN SEKOLAH MENENGAH KEJURUAN Pangiestu, Adjie; Indra, Mexsasai; Akmal, Zainul
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 2 (2024): Juli - Desember 2024
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The implementation of the zoning system in the admission of new studentsraises various problems. The zoning system is regulated by the Ministry ofEducation and Culture of the Republic of Indonesia in the Regulation of theMinister of Education and Culture of the Republic of Indonesia Number 1 of 2021concerning Admission of New Learners in Kindergartens, Elementary Schools,Junior High Schools, Senior High Schools, and Vocational High Schools, while inArticle 51 paragraph (1) of Law Number 20 of 2003 concerning the NationalEducation System it is stated that schools are given autonomy to manage theirschools. This autonomous right to schools is in the form of School-BasedManagement principles to organize and manage their own education.This thesis uses research with a type of normative research, namelylibrary research. In this research, the data sources used are secondary datasources with primary legal materials of the Minister of Education RegulationNumber 1 of 2021 with Law Number 20 of 2003. The collection technique usesdocumentation / literature study, namely analyzing and examining these primarylegal materials.Minister of Education and Culture Regulation Number 1 of 2021 and LawNumber 20 of 2003 are considered to be out of sync. The incompatibility andinconsistency of these regulations have caused various social and moral problemsthat affect various elements, especially prospective students and theirparents/guardians. The zoning system policy implemented in the New LearnerAdmission results in some people who want to impose their will because they havecertain perceptions, resulting in actions that are against the law, morals, social,and religion. The purpose of the zoning system is very good to advance educationin Indonesia, but many aspects have not been fulfilled by the Government inimplementing this zoning system. Such as unequal access to education inIndonesia, inequality of facilities and infrastructure in various schools, to theuneven quality of teachers in each region.Keywords: Zoning System and New Student Admission

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