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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 137 Documents
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Search results for , issue "Vol 2, No 2 (2015): Wisuda Oktober 2015" : 137 Documents clear
ANALISIS YURIDIS MENGENAI BENTUK PERLINDUNGAN RAHASIA BANK DAN SANKSI TERHADAP PELANGGARAN RAHASIA BANK Tumpak Hasiholan Manurung; Maryati Bachtiar; Dasrol '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Banking is everything that concerns about banks, including institutional,business activities, as well as the manner and process of operation. To avoidmisuse of customer financial hence made a special rule that prohibits banks toprovide recorded information to anyone associated with the customer's financialsituation, savings and storage as set out in Pasal 1 angka 28 Undang-UndangNomor 10 Tahun 1998 tentang Perubahan Atas Undang-Undang Nomor 7 Tahun1992 tentang Perbankan, which states that bank secrecy is everything related tothe storage of information about your customers and their savings. The purpose ofthis thesis is to investigate the problems Banking Act already provides legalcertainty regarding the form of protection that is done by the banks to protectconfidential client or not, as well as the Banking Act already provides legalcertainty in terms of sanctions for the banks were negligent in maintainingbanking secrecy or not.This type of research can be classified into types of normative legalresearch, since the study was conducted by collecting data in the literature(library research) accompanied by collecting data and read through regulatoryreferences, magazines, the internet and other sources, and then selected the data -the data is worth to support writing.From the research problem there are 2 main things that can be inferred.First, the Banking Act not provide legal certainty regarding the form of banksecrecy protection carried out by the bank in secrecy customers. Second, theBanking Act not provide legal certainty in terms of sanctions for the banks werenegligent in maintaining banking secrecy. Suggestions Author, First, the need forthe addition of a form of protection provided by the banks to customers about theconfidentiality of Undang-Undang Nomor 10 Tahun 1998 tentang PerubahanAtas Undang-Undang Nomor 7 Tahun 1992 tentang Perbankan, in order to createlegal certainty and confidence to guarantee customers in saving money in anybank. Secondly, a need for the addition in the field of civil and criminal penaltiesto protect customers who are weak in Undang-Undang Nomor 10 Tahun 1998tentang Perubahan Atas Undang-Undang Nomor 7 Tahun 1992 tentangPerbankan, in order to create legal certainty and confidence guarantee forcustomers in saving funds at any bank.Keywords: Protection-Sanctions-Secret Bank
PERLINDUNGAN HUKUM TERHADAP JAMINAN KESEHATAN TENAGA KERJA PADA PT. SINAR REKSA KENCANA DI KECAMATAN PERANAP KABUPATEN INDRAGIRI HULU Yella Andriani; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Health Insurance is a guarantee that givinghealth protection to the member who has been paying due or the dues are paid by the government. It means the employees have to protect by using legal protection. The objectives of this research are to find out the form of legal protection toward the the Sinar Reksa Kencana. Inc. employees’ at Peranap Indragiri Hulu Regency.To find out the problems of legal protection implementation toward the the Sinar Reksa Kencana.Inc. employees’ at Peranap Indragiri Hulu Regency. To find out the efforts that doing by Sinar Reksa Kencana.Inc. in legal protection toward the Sinar Reksa Kencana.Inc.employees’ healthyat Peranap Indragiri Hulu Regency.This research issociological research. The researcher makes a direct research to find out the complete data about these problems. This research is located at Peranap Indragiri Hulu Regency. The population and the samples are all the employees. The techniques of collecting data that using by the researcher areinterview, questionnaire and literature study. The legal protection toward the health insurance at Sinar Reksa Kencana. Inc. employees’ at Peranap Indragiri Hulu Regency is not runwell, because there are many problems are found toward health insurance at Sinar Reksa Kencana. Inc. employees’ at Peranap Indragiri Hulu Regency such as, the company does not known about employees right, the employees educations are low, there is no trade union at the Sinar Reksa Kenaca. Inc. The efforts to solve this problems are increasing the knowledge of the company toward employees right, increasing the education of the employees and creating the trade union at the Sinar Reksa Kencana. IncKey Word: Legal Protection – Health Insurance - Employee
TINJAUAN YURIDIS TERHADAP PERKAWINAN DI BAWAH UMUR BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN Jo UNDANG-UNDANG NOMOR 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK Sixtriani, Mulia; Hanifah, Mardalena; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Underage marriage is a marriage practices performed by couples in which one or both old and young in view of the present. This happens because of the provisions of Article 7 paragraph (2) of Law No. 1 of 1974 on marriage that give space to each person to perform underage marriage, because in the article or in the explanation of the Act does not explain the reason for the important for a person to perform underage marriage. The practice of underage marriage is in need of attention and setting clear, because there are even more people in Indonesia to underage marriage. The purpose of this thesis, namely: First, to determine the setting of underage marriage by Act No. 1 of 1974 concerning marriage are in accordance with Act No. 23 of 2002 on the protection of children, Second, to determine the legal protection of children who do underage marriage according to Law No. 23 of 2002 on the protection of children.Keywords : underage marriage- legal protection-children
Pelaksanaan Cuti Mengunjungi Keluarga dan Cuti Menjelang Bebas Sebagai Hak Terhadap Narapidana di Lembaga Pemasyarakatan Kelas II A Pekanbaru Apriani, Anita; Effendi, Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Implementation of the rights of prisoners in prisons is an obligation for the prison.Regulations concerning prisoners' rights contained in Article 14 of Law No. 12 of 1995concerning Corrections. Rights of prisoners is also a coaching process for prisoners inaccordance with the correctional system implemented after replacing of Imprisonment system.However, in reality many of the rights of prisoners who are not performing optimally, there iseven no rights given to prisoners. In this case relates to the implementation of the rights ofprisoners to inmates in prisons Class II A Pekanbaru. The purpose of this thesis, namely; first,the implementation of home leave (CMK) and leave towards free (CMB) against inmates inprisons Class II A Pekanbaru, second, CMK and obstacles in the implementation of the CMBagainst inmates in prisons II A Pekanbaru, third, the efforts made to overcome obstacles in CMKimplementation and CMB against inmates in prisons Class II A Pekanbaru.This type of research can be classified into types of socio-juridical research, because inthis study the authors conducted research on the spot directly under study in order to give acomplete and clear picture of the problem under study. This research was conducted in PrisonClass II A Pekanbaru, while the overall population and the sample is related to the issuesexamined in this study, the data sources used, the primary data, secondary data and data tertiarydata collection techniques in this study with the observation, questionnaire, interview andliterature study.From the research, there are three basic problems that can be inferred. first, theimplementation of the CMK and CMB against inmates in prisons Class II A Pekanbaru, thatright CMK in Prison Class II A Pekanbaru can not be given to prisoners and the CMB rights,these rights received less attention and do not run well. Secondly, the obstacles encountered inthe implementation of CMK and CMB against inmates in prisons Class II A Pekanbaru is thelack of knowledge of prison officers on the rights of prisoners, lack of personnel security prisonofficer, the requirements of the fulfillment of these rights are convoluted. Third, efforts are beingmade to overcome the obstacles in the implementation of CMK and CMB in Prison Class II APekanbaru, in the case of prisons give special permission to get out prison inmates to replaceCMK and facilitate the fulfillment of the requirements to get the right CMB. Suggestions author,first, the expected implementation of CMK and the CMB should be implemented and given themaximum, second barrier is the reason for not maximal CMK and CMB implementation shouldnot be a reason for non-fulfillment of these rights. Third, efforts were made Prison Class II APekanbaru in order to be implemented by not only planning only.Keywords: Implementation - Right - Prisoners - Prison
PENEGAKAN HUKUM PIDANA TERHADAP KASUS PENIPUANDALAM PENERIMAAN CALON PEGAWAI NEGERI SIPIL OLEH POLISI RESORT KOTA PEKANBARU Bianca Berliana H; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Being a civil servant is now considered gainful employment, considered a safe and promising work in the old days. Not infrequently candidate for Civil Servants (CPNS) doing anything in order to become civil servants, be it from legal and illegal lane. The situation is put to good use by the perpetrators of the crime of fraud to do with the mode of action capable of becoming civil servants passed ID. In this case relates to the enforcement of the criminal law in cases of fraud in the recruitment of civil servants by the Police Resort Pekanbaru. The purpose of this thesis, namely; First, the enforcement of the criminal law against fraud in receipt of Public Servants by police resort city of Pekanbaru, Second; obstacles encountered in the enforcement of the criminal law against fraud in receipt of Public Servants by police resort city of Pekanbaru, Third, efforts are being made to overcome the obstacles in the enforcement of the criminal law against fraud in receipt of Public Servants by police resort city of Pekanbaru. This type of research can be classified into types of socio-juridical research, because in this study the authors conducted research on the spot directly under study in order to give a complete and clear picture of the problem under study. This research was conducted at the Police Resort Pekanbaru, while the overall population and the sample is related to the issues examined in this study, the data sources used, the primary data, secondary data and data tertiary data collection techniques in this study with the observation, interview and literature. From the research, there are three main issues that can be inferred. First, the enforcement of the criminal law in cases of fraud in the recruitment of civil servants by police resort city of Pekanbaru, that the case against ID fraud in 2012 there were 1 to 2 ID fraud perpetrators victims in 2013 there were no reports of incoming and in 2013 there were two perpetrators of fraud ID with 8 casualties. Secondly, the obstacles encountered in the enforcement of the criminal law against fraud in the recruitment of civil servants by police resort Pekanbaru is the lack of evidence of the complainant, the lack of cooperation between the witnesses and the police forces, the lack of legal awareness, Third, efforts are being made to overcome the obstacles in criminal enforcement against fraud in the recruitment of civil servants by the Police Resort Pekanbaru further clarify the evidence of the complainant, the lack of cooperation from witnesses to the police, the public should be made aware of the importance of law enforcement and do not justify any means to qualify as civil servants. Suggestions author, first, it is expected that the police are more active in combating ID fraud is a criminal offense, Second, people are more aware of the importance of law enforcement, third, society does not justify any means to be able to escape into the PNS.Key Words: Establishment - Fraud – Candidate For Civil Servants – Police Resort of Pekanbaru
PENEGAKAN HUKUM TERHADAP PELAKU PENGANGKUTAN DAN PENYIMPANAN BAHAN BAKAR MINYAK BERSUBSIDI ILEGAL BERDASARKAN UNDANG-UNDANG NOMOR 22 TAHUN 2001 TENTANG MINYAK DAN GAS BUMI DI WILAYAH HUKUM KEPOLISIAN RESOR KOTA PEKANBARU ', Frengki; Effendi, Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Fuel scarcity happened recently has given a very broad impact in many areas of life. The sectors most affected are fast transport sector resulting in queues at most gas stations General. Scarcity of fuel oil that occurred in various provinces in Indonesia is one of Pekanbaru Riau Province in particular can not be separated from the less active surveillance and number of cases of the transport and storage of fuel oil illegal subsidies. In this case Pekanbaru City Police as law enforcement course is expected to run for the sake of justice in the community.In accordance with the above description, the authors are interested in doing research with the title of Law Enforcement Against Perpetrators of Transportation and Storage of Fuel Subsidized Illegal Under Act No. 22 of 2001 on Oil and Gas in the area of Pekanbaru City Police Law. Then to find out the constraints faced in the implementation of law enforcement transport and storage of fuel oil in the area of illegal subsidies Law Pekanbaru City Police. Finally aims to determine the barriers to the implementation of countermeasures for law enforcement transport and storage of fuel oil in the area of illegal subsidies Law Pekanbaru City Police.In writing this essay, the author uses empirical approach or sociological research. Regional research sites in Pekanbaru City Police Law. Data sources supported by the primary data source, secondary. While data collection techniques are interviews / interview and review of data using deductive method is to analyze the problems of a general nature and then drawn to a conclusion in particular based on existing theory.The results of the discussion in this paper is, first, that the crime of transporting and storage of fuel oil illegal subsidies Pekanbaru City Police has been working as it should, but have not optimal as expected. Both the lack of public awareness. Performers transport and storage of fuel oil subsidy Illegal organized, lack of facilities and infrastructure support. funds are limited, the suspect fled. Third, efforts made in addressing the crime of transporting and storage Actors Fuel subsidy Illegal Conduct effective and efficient action in managing the funds available, Capitalize infrastructure available, search and publish wanted list.Keywords: law enforcement, transportation and storage of fuel oil-illegal.
PENYIDIKAN TERHADAP KONFLIK ANTARA DESA KABUN DAN DESA ALIANTAN DI WILAYAH HUKUM KEPOLISIAN RESOR KABUPATEN ROKAN HULU Rido Hamidi; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Social conflict can be caused by many things , namely the establishment of adifference, cultural background differences, different interests and groups, rapidchanges in social values in society, socio-economic disparities that exist. Socialconflicts in society can lead to a loss in one or all parties involved in the conflict,where this can be a material and moral damage. For example casualties in theconflict between the village and the village Kabun Aliantan, both injuries andeven fatalities can be contained. Based on this understanding, then writing thisessay to formulate two formulation of the problem, namely : First, how theinvestigation of the conflict between the Village and the Village Aliantan KabunTerritory Police Law Rokan Hulu ? Secondly, what are the obstacles in theprocess of the interrogation of the conflict between the Village and the VillageKabun Aliantan Territory Police Law Rokan Hulu ?Keywords : Investigation - Conflict - Inter- village
PROSES PENGEMBALIAN KENDARAAN BERMOTOR YANG DIJADIKAN BARANG BUKTI DALAM PROSES PERADILAN DI KEJAKSAAN NEGERI KOTA PEKANBARU Hb, Margerytha Wulandara; Effendi, Erdianto; Indra, Mexsasai
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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In fact, there are many people / citizens were negligent in carrying out obligations so that has a violation of law. A person will be unlawful by the court and the judge can convict it if receiving at least two valid evidence in the court. Against each item of evidence which has been ready for use in the trial, or no needed or set aside for the public interest or not enough evidence, the evidence may be returned as set out in Article 46 paragraph (1) and (2) Criminal Procedure Code. Evidences include motor vehicles, knives, weapons, clothes, laptops, mobile phones and other objects related to use when committing a crime. In this case, the public prosecutor is given the authority by law to prosecute and execute the determination of the judge in the process of returning the evidence. However, in the process of return of evidences, especially motor vehicles, the prosecutor having problems and not just the prosecutor, the community also experienced problems to take their motor vehicles. Based on the above, the authors are interested doing research with the title of the return process in motor vehicles used as evidence in judicial proceess in the district attorney Pekanbaru. This essay aims to determine the return of motor vehicles used as evidence in judicial proceedings in the district attorney Pekanbaru City and also to understand the constraints faced by the prosecutor in the proceess of return the motor vehicles which used as evidence in judicial proceedings in the district attorney Pekanbaru City and to know what is done in an effort to overcome the obstacles in the return of motor vehicles used as evidence in judicial proceedings in the district attorney Pekanbaru. Based on the results the process of return the vehicle shall be furnished administrative requirements, the barriers faced by the prosecutor is an incompleteness of the requirements by the public administration, the court decisions returns the evidence to the defendant, the lack of facilities and infrastructures. While from the constraints of society is their must pay the fee for taking their motor vehicle. In an effort to overcome these obstacles, the prosecutor asked public to complete the administrative requirements, asked the defendants to contact their family to take the motor vehicle, make a report to the addition of facilities and infrastructures and add members of the personnel section of the exhibits. The conclution are the process of return motor vehicles are not in accordance with Article 46 of the Criminal Procedure Code and Case Management SOP General Crime, still not complete the administrative requirements of the public, the defendant did not contact the family, lack of facilities and infrastructures and members of the personnel section of the exhibits. The authors suggestion are motor vehicles should be returned quickly and easy so that people can conduct their activities.Keywords: Returns-Vehicle-Evidence-In Judicial Process
PERTANGGUNGJAWABAN PIDANA LETNAN KOLONEL UNTUNG DALAM TINDAK PIDANA MAKAR PADA PERISTIWA GERAKAN 30 SEPTEMBER 1965 Wan Ferry Fadli; Erdianto '; Mexsasai Indra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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In running the government, a state not escape from the disruption of sovereignty, whether from the outside, as well as from within the country itself. One real nuisance is a threat to the security of a country. Crimes againts state security, or often referred to as treason, is an act which aimed to destroy, overthrow, or take over the administration of the specific reasons. One plot events that occurred in Indonesia is in motion the events of September 30 in 1965 movement (G30S). One of the key figures in the G30S is a Lieutenant Colonel Untung. Purpose of this thesis, namely : first, criminal responsibility of Lieutnant Colonel Untung in the crime treason on G30S. Second, the application of the crime of treason chapter in the trial of Lieutenant Colonel Untung is appropriate or not yet. This type of research is normative juridical, who performed with the approach to find the law to a case in concerto, which approaches seek how to find the relevant facts, and then find the law in abstracto the right to object at carefully. Data sources used include primary data, secondary data, and the data tertiary. Data collection techniques using literature study. Of the research problem, there are two main things that can be concluded. First, if we dissect the action of the elements that can be accounted for, Lieutenant Colonel Untung criminal liability can be requested on he did in the crime of treason in G30S. Second, in the proceedings of Lieutenant Colonel Untung, the judges stated that he is guilty of committing criminal offenses including Article 107 Paragraph 2, Article 108 Paragraph 2, Article 110, of the Criminal Code (KUHP) and Article 2 of The Presidential Edict No. 5 In 1959. Suggentions author, first, improve the national judicial system to be more balanced between the rule of law and sense of justice. Second, straighten the actual history based on facts for the sake of future generations it is necessary to know the actual history as a guide and learning in the future.Keyword : Crime of Responsibility – Treason – September 30 in 1965 Movement
DISPARITAS PUTUSAN HAKIM TINGKAT KASASI DALAM PERKARA NOMOR.1616 K/PID.SUS/2013 TENTANG TINDAK PIDANA KORUPSI Nawarin P Situmeang; Erdianto '; Mexsasai Indra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Criminal disparity has become another problem in law enforcement in Indonesia. On one side of a different punishment / criminal disparity is a form of the judge's discretion in decisions, but on the other hand different penal / criminal disparity was also brought dissatisfaction to convict even society at large. The disparity in punishment for perpetrators of corruption made public distrust in judiciary, which is then manifested in the form of ignorance in the law enforcement community. The judge in this case that runs the institution that runs the court must memilii proper consideration in memetus case that this disparity is not a stumbling block for law enforcement. The purpose of this thesis, namely: first to determine the construction of thinking judges in criminal dropped on appeal in case No. 1616 K / Pid.Sus / 2013 on Corruption; the second; To know the advantages and disadvantages of the judge's ruling on appeal and the decision of the District Court in the decision No. 1616 K / Pid.Sus / 2013 on Corruption. This type of research can be classified types of normative legal research, descriptive research, a study that illustrates clearly and in detail about the construction of thinking judges in imposing punishment on Corruption, the source data used secondary data consisting of primary legal materials, legal materials secondary, and tertiary legal materials, techniques of data collection in this study with a literature study method, after the data is collected and analyzed to conclude From the results of research and discussion can be concluded that, first, in deciding this case the judges have used the juridical considerations and nonyuridis. The judges on Judex facti favors juridical considerations, where punishment is given only as a reply from the law, but on Judex juris judges have considered legally or nonyuridis decision making such decisions better reflect fairness. Second, Excess on appeal the judge's decision in the case No.1616 K / Pid.Sus / 2013 that the application of articles previously ignored by judges on Judex facti. As for the disadvantages, namely the existence of dissent of one judge Ad. Hoc additional penalty he did not agree on this point because the results are consistent with evidence of corruption in judex facti.Keywords: Diasparitas - Corruption - Verdict Judge.

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