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INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 24 Documents
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Search results for , issue "Vol 11, No 2 (2024): Juli - Desember 2024" : 24 Documents clear
PENERAPAN PEMBELAAN TERPAKSA DALAM PERISTIWA PENCURIAN DENGAN KEKERASAN (Studi Kasus di Kepolisian Resor Metropolitan Bekasi Kota) Putri, Intan Khaula; R, Mukhlis; Andrikasmi, Sukamariko
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

One thing that can explain the power of the police in carrying out theirduties is the discretion or authority given by law to act in special situationsaccording to the judgment and conscience of the police themselves. Given thatthis authority is very broad, it requires requirements that must be possessed byofficers, especially in assessing a case, especially cases that threaten propertyand even the safety of one's life. Nevertheless, the authority to declare someoneguilty of committing a criminal offense is the panel of judges through a courtdecision. However, there are cases that researchers analyze where victims whomake defense efforts are forced to have a different final settlement from the lawenforcement process in previous similar cases.This type of research can be classified into empirical sociologicalresearch. With the research location located in Bekasi City, especially in thejurisdiction of the Bekasi City Metropolitan Police, while the population andsample are all parties related to the problem under study. This research uses datasources in the form of primary data and secondary data, and data collectiontechniques are carried out by interview.From the results of the problem research, there are 3 main things that canbe concluded. First, Noodweer is the authority of the judge who assesses, so thereis no rule that authorizes the police to stop the investigation or not continue acase due to applying the reasons for criminal erasure, Indonesian National Policeofficers in carrying out their duties and authorities can act according to their ownjudgment. However, the case of Muhammad Irfan Bahri proves the ability of lawenforcement officials to convince the public that these institutions can providemaximum protection and ensure the safety of victims. Third, the ideal idea of theinvestigator's action in applying the reason for criminal nullification according tothe concept of noodweer for the future is to limit discretion to prevent arbitraryactions with consideration of the principle of necessity, the principle ofstraightforwardness and integrity, the principle of benefits and objectives and theprinciple of balance.Keywords: Forced Defense, Investigator, Discretion.
IMPLEMENTASI PEMENUHAN HAK PENYANDANG DISABILITAS DALAM PENGGUNAAN SARANA DAN PRASARANA TRANSPORTASI BERDASARKAN PERATURAN DAERAH PROVINSI RIAU NOMOR 18 TAHUN 2013 TENTANG PERLINDUNGAN DAN PEMBERDAYAAN PENYANDANG DISABILITAS DI KOTA PEKANBARU Simanjuntak, Eben Haizer; Firdaus, Emilda; Rauf, Muhammad A.
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

In order to realize the availability of accessibility of transportation facilities and infrastructurefor people with disabilities, a full understanding of policy makers is still needed both in the center and inthe Pekanbaru City area. There are still many public facilities and infrastructure that need attention.People with disabilities have the same right to mobility in order to fulfill their daily activities. Providingaccessibility for people with disabilities is an obligation, not a compulsion. Article 17 paragraph (1) of theRiau Provincial Regulation Number 18 of 2013 concerning the Protection and Empowerment of Peoplewith Disabilities states that every person with disabilities has the right to the provision of accessibility inthe utilization and use of public facilities and infrastructure, the environment and transportation facilitiesand infrastructure.This type of research is sociological legal research, because it is based on field research,namely by collecting data through interviews, questionnaires, and literature studies, reviews related to theproblems to be studied assisted by primary, secondary and tertiary data. This research was conducted atthe Pekanbaru City Transportation Service, the Pekanbaru City Social Service, while the population andsample were all parties related to the problem being studied. This research uses qualitative data analysisand produces descriptive data.From this study, it can be concluded that the implementation of the fulfillment of the rights ofpersons with disabilities in the use of transportation facilities and infrastructure has not been runningoptimally. Inhibiting factors in the implementation of the fulfillment of the rights of persons with disabilitiesin the use of transportation facilities and infrastructure are due to inadequate budget factors, unpublishedsupporting regulations, weak human resources, limited facilities and infrastructure, and lack ofsocialization, education and supervision from the Pekanbaru City Social Service and the Pekanbaru CityTransportation Service. Efforts made by the Pekanbaru City Government through the Pekanbaru CityTransportation Service in implementing the fulfillment of the rights of persons with disabilities are toincrease the procurement and renovation of special road signs/markings for persons with disabilities,provide bus stops and terminals that are more friendly to persons with disabilities.Keywords: Disability, Implementation of Regional Regulations, Transportation Facilities andInfrastructure
OPTIMALISASI PERAN SERTA LEMBAGA SWADAYA MASYARAKAT DALAM PENANGGULANGAN PEMBERANTASAN TINDAK PIDANA KORUPSI DI KOTA PEKANBARU Natasya, Audreya; Rahmadan, Davit; Elmayanti, Elmayanti
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

The impact of corruption is very large, so that it can reduce the quality ofpeople’s welfare in Pekanbaru city, the high state losses due to corruption willcertainly have an impact on the state obligation to provide welfare rights. So the peopleor society will be the victims. For this reason, it is necessary to review the role of thecommunity in preventing corruption as a form of social control that will be able tonarrow the space for corruption and widen the space for anti corruption.This research is a sociological legal research, this is based on field researchwhich refers to interviews and observations statements as well supporting documentsthat have a corelation with the background of the problem to be studied. This study usessecondary date sources consisting of primary, secondary, and tertiary legal materials.This study uses qualitative date analysis by producing a deductive method of drawingconclusions, namely drawing conclusions from that are general to things that arespecific.From the result of the discussion it can be concluded that role of the people ofPekanbaru city in building anti corruption culture is not yet optimal because they donot recive support from all elements of society and also reporting corruption is oftrnintimidated and criminalized by way of reporting back defamation which makes thepepole of Pekanbaru city become afraud to get involved active in eradicating criminalacts of corruption in Pekanbaru city. Therefore it is hoped that the government and lawenforcers in Pekanbaru city must encourage the public to participate in efforts toprevents and eradicate criminal acts of corruption both individually, thourghcommunity organizations, or organizations by providing space to make politicalstatements, make statements thourgh petitions, and anti corruption demonstrations.Keyword : Optimalization, Role of People, Eradication, Corruption Crime
PERLINDUNGAN HUKUM TERHADAP PEKERJA PEREMPUAN DI SEKTOR PERKEBUNAN KELAPA SAWIT DI INDONESIA DALAM PERSPEKTIF INTERNATIONAL LABOUR ORGANIZATION CONVENTION (ILO) NOMOR 100 TAHUN 1951 Aritonang, Richard Andrie
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

One of the strategic issues in managing the upstream oil and gas sector in Indonesiais the obligation to bid Participating interest of 10% (ten percent) by the KKKS managing anOil and Gas Working Area to the Regional Owned Enterprise (BUMD) at the operationallocation. involvement of regional governments in the form of responsibility for givingappointments to BUMDs or regional companies in order to obtain 10% PI managementwhich is expected to be able to provide profits or profits that will increase regional incomefor the welfare of local communities. Apart from that, it is hoped that it will be able toprovide knowledge and experience of cooperation for BUMDs in managing oil and gasworking areas as a contractor.The type of research in this thesis uses sociological legal research, namely researchon the effectiveness of law in society. The nature of this thesis research is researchdescriptive which systematically describes the facts and characteristics of the object beingstudied accurately. The data collection technique in this research is the interview method andliterature review, then after the data is collected it is then analyzed to draw conclusions.Management Participating Interest 10% (Ten Percent) in the context of improvingcommunity welfare in accordance with the mandate in the Minister of Energy and MineralResources Regulation (Permen) Number 37 of 2016 concerning Provisions for 10% (TenPercent) Participating Interest Offerings in Oil and Gas Working Areas. PT Riau Petroleummanages four 10% PIs from four oil and gas blocks by forming subsidiaries, namely PT RiauPetroleum Siak, PT Riau Petroleum Kampar, PT Riau Petroleum Mahato, and PT RiauPetroleum Rokan, the Riau Provincial Government gets the largest share with a portion of50%, while the remainder is divided among the five districts, according to the amount of oiland gas reserves in each region which has been calculated by a third party professionally.Utilization of Participating Interest 10% (Ten Percent) in the Context of Improving Welfare,among others, Siak BUMD can use the profits from the 10% PI to increase Regional OriginalIncome. Siak BUMD can use some of the profits from the 10% PI to finance communityempowerment programs, such as skills training, business capital assistance, and villageinfrastructure development. Improving the Quality of Education. Siak BUMD can use some ofthe profits from the 10% PI to finance programs to improve the quality of education, such asbuilding schools, providing scholarships, and training teachers.Keywords: Participating interest, Petroleum, Government

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