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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 185 Documents
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Search results for , issue "Vol 5, No 2 (2018): Juli - Desember" : 185 Documents clear
TINJAUAN YURIDIS TERHADAP IJAZAH SEBAGAI OBJEK JAMINAN DALAM PERJANJIAN KERJA ANTARA PERUSAHAAN DAN TENAGA KERJA KONTRAK DI KOTA PEKANBARU Syusnia Rahmah; Firdaus '; Hayatul Ismi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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The employment’s agreement has great benefits for the parties who entered into this agreement. This should be aware because an employment’s agreement made and adhered to properly will be able to create a job calm, guarantee the certainty of rights and obligation. In fact, the company entered into an agreement but did not comply with labor laws and labor regulations. the company keeps the certificate of diploma as a guarantee outside the agreement. As well as the implementation of agreements that are inconsistent with Undang- undang Nomor 13 Tahun 2013 about Employment.The objective of this thesis is to know applying of diploma as work guarantee on employment’s agreement between companies and contract labor. And to know employment’s agreement which made by companies have complied the provisions that applied of the employments of law. The type of this research were Normative Juridical Research. This research is a research on legal synchronization. In this research, the writer was used Library research. The research was carried out in Pekanbaru. The data source was using primary data, secondary data, and tertiary data. The writer was collected the data by using various libraries, printed mass media, and internet media.There was two problems that can be summarized. First, the content employment’s agreement of PT. Elge Hafil Perkasa with contract labor did not include a certificate of diploma as an assurance but the certificate of diploma is held with a letter of evidence which given to the contract labor as evidence that diploma was held by the company. Whereas, the circular letter’s labor of Pekanbaru City No. Naker/C.4/565/461/IV/2016, dated on April 26th , 2016, contains the prohibition of detention of diploma by private companies, BUMN, BUMD, and Institution did not hold back the certificate of diploma, BPKB, original STNK, and similar goods. The company also make a employment’s agreement that is only one duplicate which held by the company. So the employees do not have employment’s agreement that should be made 2 duplicates that listed in chapter 54, paragraph 3 of Undang-undang Nomor 13 Tahun 2013 about Employment. Second, less supervision of the labor service and less understanding because of the labor agreement by the labor itself. And also less of sanctions for companies that violate the rules established by law and related agencies so there are still many companies that do the same mistake. The writer’s suggestion, first, the company is expected the implement the employment’s agreement in accordance with labor legislation and labor office rules Pekanbaru City. Second, If the company commits a violation then there must be firm sanctions for the company, not just to give a warning letter. So it does not seem to be one-sided about legal matters as well as government supervision on job implementation after the signing of the employment’s agreement, because the company could make mistakes in the execution of the work.Keywords: Employment’s Agreement, Certificate of Diploma, Company
POLITIK HUKUM PEMBUBARAN ORGANISASI KEMASYARAKATAN DALAM PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG NOMOR 2 TAHUN 2017 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 17 TAHUN 2013 DAN DIKAITKAN DENGAN KETENTUAN PASAL 22 AYAT (1) UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 Anggitta, Ribka; Indra, Mexsasai; Artina, Dessy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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This study discusses about the Political Law of Dissolution of SocialOrganizations in Government Regulation in Lieu of Law No. 2 of 2017. Thehistory of the publication is based on the government's claim that Law No. 17 of2013 on Community Organizations is not effective in preventing the massorganizations that are against the Pancasila. Prior to this Lieu of Law, the case ofthe dissolution of mass organizations was carried out through the District CourtHowever, in Lieu of Law No. 2 of 2017 Chapter 80A which stipulates that inrevocation of certificates registered by the Minister at the same time declareddissolved. The President shall have the right to enact a Government Regulationin lieu of law. As this is not in accordance with the state of Indonesia when theissuance of this lieu of law. The aims of writing this thesis are; First, to knowwhat is the political law in Government Regulation Substitute Law No. 2 of 2017.Second, to know whether Lieu of Law No. 2 of 2017 in accordance with theprovisions of Chapter 22 Point (1) of the Constitution The Republic of Indonesiaof 1945.This research is normative legal type research in finding the truth ofcoherence. This normative legal research uses secondary data, the data collectingtechnique of this research is using literature studies.From the results of the research, there are two main things that can beconcluded. First, the legal politics of the establishment of Lieu of the Law No. 2 of2017 is the process of dissolution of accelerated social organizations in terms ofits mechanism; Secondly, the appropriateness of crucial meanings between Lieuof the Law. No. 2 of 2017 and the provisions of Chapter 22 Point (1) of The 1945Constitution is not fully fulfilled. The writer's suggestion, Firstly, in forming thelaw the government have to establish the direction of the policy with theobjectives of the state of Indonesia; Secondly, the President should analyze theelements of the interests of the force based on the considerations of the experts oflaw as well as the consideration of state circumstances.Keywords: Political Law - Dissolution - Mass Organization
TINJAUAN YURIDIS LAPORAN HASIL ANALISIS OLEH PUSAT PELAPORAN DAN ANALISIS TRANSAKSI KEUANGAN SEBAGAI ALAT BUKTI TINDAK PIDANA PENCUCIAN UANG BERDASARKAN INSTRUKSI PRESIDEN NOMOR 2 TAHUN 2017 Fitri, Anisa; Effendi, Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Money Laundering is a series of activities carried out by a person or organization against illegal money, the money derived from criminal acts with the purpose of concealing or disguising the origins of the money so that it looks as legal currency. Combating money laundering is very difficult to do because it is a criminal offense which is not only extraordinary happens in one country but across the country. Combating money laundering requires the cooperation of various parties including reporting and Analysis Center for Financial Transaction as a special organization set up to combat money laundering by the investigator as law enforcement officers.Legal research is normative law research because in this study the author discusses the level of synchronization of law in order to provide a complete and clear picture of the issues examined by the authorsResults of research by the author is the first, that the Financial Transactions Reports Analysis by the Center for Financial Transaction Reporting and Analysis can not be used as evidence, just as amplifiers and consideration baan investigator. Secondly, coordination between the Center for Financial Transaction Reporting and Analysis and penyidk not implemented optimally based on Presidential Instruction No. 2 of 2017.Key words: Money-Laundering Reporting and Financial AnalisisTransaksi-Proof
PELAKSANAAN MEDIASI DALAM PENYELESAIAN SENGKETA PERCERAIAN OLEH BADAN PENASEHAT PEMBINAAN DAN PELESTARIAN PERKAWINAN (BP4) KOTA PEKANBARU Ardya Englando Baker; Firdaus '; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Divorcement is a defeasance of a matrimony through a verdict or an indictment of one of thecouples in the marriage. According to the article 38 of Marriage Act that a divorcement is a“breakup of marriage”. Pekanbaru is one of the municipalities in Indonesia that has an increasingnumber of divorces. One of peaceful efforts is able to overcome a divorce case is a mediationprocess. The Board of Advisor, Coaching, and Preservation of Marriage (Badan Penasehat,Pembinaan, dan Pelestarian Perkawinan, BP4) in the city possesses tasks to handle marriageproblems where one of its duties is to protect a marriage divorce through a mediation process.However, based on the existing data, the total divorces registered in the Religious Court ofPekanbaru City is numerously and inversely proportional with the total of cases registered in theBP4 of the city. The purposes of this undergraduate thesis were (1) to seek the mediation process inovercoming the divorce disputes conducted by BP4 of Pekanbaru city, and (2) to find out ways ofthe board in order to carry out the mediation process of divorce disputes effectively.This study is able to be categorized into a sociological research due to it had been takendirectly in the research location. It was conducted in the BP4 of Pekanbaru City. Population andsamples of this research were all parties related to the observed problems. Data came from threesources, primary, secondary and tertiary. Data were collected by interviews and literature studies.This research infers two main findings. First, a mediation process in the BP4 of PekanbaruCity consists of five steps such as registration, determining mediator, call related parties, mediationtrial, and result of mediation. In implementing those steps, there are some finding obstacles namelyinternal factors likes a lack of mediator officers and a difficulty to unify both parties, and externalfactors such as an absence of mediation room and nonappearance of a special regulation inorganizing mediation process in the board. Second, efforts ought to be carried out for implementingthe mediation process in the board effectively through two ways, internally and externally.Internally, numbers of mediators have to be added and their capabilities should be upgraded.Externally, a mediation room is a must and the special acts to arrange the mediation process in theboard is highly recommended.Keywords: divorcement – BP4 – mediation
PELAKSANAAN PEMBINAAN TERHADAP RESIDIVIS ANAK PELAKU TINDAK PIDANA DI LEMBAGA PEMASYARAKATAN ANAK KLAS IIB PEKANBARU Sri Intan Wulandari; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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The child is a mandate from God Almighty that in itself is attached to the dignity and dignity of a whole person.. Based on Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection is someone who is not yet 18 (eighteen) years old, including children who are still in the womb. Children's rights are part of human rights that must be guaranteed, protected, and fulfilled by parents, family, community, government and the state. As for the purpose of writing this thesis, namely: First, to find out the implementation of coaching carried out by Class IIB Pekanbaru Child Correctional Institution against the recidivism of child offenders. Second, to find out the obstacles in the implementation of guidance on child recidivism perpetrators of crimes. Third, to find out the form of efforts to overcome obstacles in fostering the recidivism of child offenders.This research is a sociological juridical research. Sociological juridical is legal research that uses secondary data as the initial data, which is then followed by primary data or field data, examining the effectiveness of a law and research that wants to find a relationship (correlation) between various symptoms or variables as a data collection tool consisting of studies documents and interviews.The conclusion of this study is, First correctional system is held in order to form correctional prisoners including children who are dealing with the law, should be in the context of coaching between children of perpetrators and repeat perpetrators of criminal offenses. Secondly, the constraints faced by officers of child-specific development institutions (LPKA) Pekanbaru II Class, namely the low level of education of children and the lack of skilled personnel, thus hampering the process of coaching carried out by LPKA and the changing mindset of the perpetrators of criminal offenses. Third, the efforts carried out by the Special Penitentiary Center for Class IIB Pekanbaru Children are by increasing the quality of education and human resources, playing an active role in social activities, treating the same and increasing awareness (monitoring) of the perpetrators of recidivism. The author's suggestion of the problem under study is First For the perpetrator of a crime a child or child who is dealing with the law must be made an effort to restorative justice. Second Pekanbaru Class II B LPKA Officer must further improve the quality of service in fostering children with criminal acts such as, improving the quality of Human Resources, Coaching Facilities, Religious Facilities and so on. Third, the Central Government and Regional Government especially the Ministry of Law and Human Rights Humans must pay more attention to the condition of LPKA Klas IIB Pekanbaru, because in accordance with Law No. 12 of 1995 concerning Correctional Correctional System is organized in order to form a Corrected Community in order to become a complete human being.
Tinjauan Yuridis Batasan terhadap Gratifikasi Dan Hadiah Berdasarkan Undang-Undang Nomor 20 Tahun 2001 Tentang Perubahan atas Undang-Undang Nomor 31 Tahun 1999 Tentang Pemberantasan Tindak Pidana Korupsi Elsi Renhar; Erdianto '; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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One of the crimes that are not able to be accommodated by the Laws and Regulations of the State of Indonesia is the Criminal Act of Gratification. New gratification is known in Law Number 20 of 2001 Amendment to Law Number 31 of 1999 concerning Eradication of Corruption Crimes. The essence of this legal normative research is more about the limits of gratification and gifts in Indonesia. So from this, these restrictions use Law Number 20 of 2001 concerning amendments to Law Number 31 of 1999 concerning Eradication of Corruption.There are two formulation of the problem in this study, namely, First, how are the limits on gratuities and gifts based on Law Number 20 of 2001 concerning amendments to Law Number 31 of 1999 concerning Eradication of Corruption? Second, how ideally should gratification be regulated as a crime in Indonesia?There are 2 conclusions from this study, namely, First, Limitation on gratuities and prizes based on Law Number 20 of 2001 concerning amendments to Law Number 31 of 1999 concerning eradication of corruption, there are two, namely a) boundaries from sociological aspects, if seen in terms of social gratification is a natural thing to do, gratification has two characteristics, namely positive and negative and b) the limitations of the juridical aspect, in terms of law which regulates gratuity is divided into two, namely gratification which is considered bribery and gratuities that are not considered bribes. Secondly, Ideally the gratification arrangement as a criminal act in Indonesia is twofold: a) Article 12B and 12C Act Number 20 of 2001 concerning amendments to Law Number 31 of 1999 concerning eradication of corruption, b) Articles 16 to 18 of Law Law Number 30 of 2002 concerning the Corruption Eradication Commission. There are 2 suggestions in this study, namely: First, Advise law enforcement officers as executors of the Law to propose revisions to Law 20 of 2001 especially related to graft offenses that must be clearly stated as bribery offenses, in addition to standardization of gratuity receipts must also submitted, and also the application of criminal sanctions for State Officials who do not report their assets in LHKPN. Second, the Government immediately establishes its own legislation against acts of gratification, so that there will be no more confusion or misinterpretation of the limitations of acts of gratification as a crime in Indonesia.
ANALISIS KONSEP BLUE ECONOMY PADA SEKTOR KELAUTAN DI INDONESIA BERDASARKAN UNDANG-UNDANG NOMOR 32 TAHUN 2014 TENTANG KELAUTAN Heltina Wati Sitorus; Zulfikar Jayakusuma; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Indonesia is an archipelagic country. As an archipelagic country, most of the Indonesian people's income comes from the marine sector. Utilization of marine sector by using the concept of blue economy can create sustainable development in Indonesia. Where the blue economy is defined as an economic model that promotes the implementation of sustainable development (sustainability), an economic model that develops marine and fisheries industry that emphasizes growth, job creation, and encourages innovation of environmentally friendly technologies. From the explanation of the archipelago and the blue economy that is being built in Indonesia, of course Indonesia is very profitable in that aspect. However, this still gets doubts and problems such as, first, how is the concept of blue economy in the marine sector within the framework of sustainable development in Indonesia ?. Second, what are the goals and solutions of marine design in Indonesia? Third, is the concept of a blind economy advancing the sustainable development of the marine sector in Indonesia? The purpose of this research is to find out the concept of blue economy in marine sector in the framework of sustainable development in Indonesia and see the sustainable development of marine sector in Indonesia, and to know the shape of the concept of blue economy affects sustainable development of marine sector of Indonesia. The type of research used in this study using normative legal approach method. In this study, the authors conducted a study of the principles of law that started at UNCLOS 1982. From the results of the research, there are three main points that can be concluded, first, the concept of Blue Economy in the marine sector can form the development of the gap in Indonesia. Second, the configuration in sustainable development in Indonesian marine sector is a form of regulation and attention that exists, the government should pay more attention to the marine sector, both policy making and others. Third, the concept of blue economy is maritime sector of Indonesia is still applied in some areas and is expected to be wider than before. Keywords: Blue Economy - Marine Sector - Sustainable Development
PELAKSANAAN PERJANJIAN JUAL BELI ONLINE (E-COMMERCE) PADA ONLINE SHOP MONSTREATION Indrasari, Rahmayani; Firdaus, Firdaus; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Online buying and selling deals are pecianities that bind the need to spend the same amount ofgoods, and other parties acting as buyers tie in to buy something prices and transactions are made using theinternet network. Online shop Monstreation has unique products and jackets in the clothing business offeredon social media. One of them is Instagram. Surely an online shop has several provisions that must be obeyedby the parties so that no loss occurs. Becase of its virtual nature that allows the parties not to face eachother, there will be several disputes.This type of of research is sociological legal research, namely research in the form of empiricalstudies to find theories about the process and the process of working the law in society. In this case theauthor serves the implementation of an online sale and purchase greement (E-commerce). This researchwas conducted at the Monstreation Online shop in the city of Pekanbaru. The population and sampe areonline shop Monstretation and the sampe is buyer at the online shop Monstreation.From the results of the study the authors concluded that the implementation of an online buying andselling agreement (E-commerce) between online shop Monstreation and buyers has not been carried outproperly, this is seen from: First, Default made by Monstreation online shop such as: production defects,late production and shipping of goods. Second: defaults from other buyers, namely: transactioncancellation, asking for compensation that incriminates the online shop. The author's suggestion, First, forthe online shop Monstreation to provide clearer information about products and improve the productionprocess of clothes and jackets, while for buyers to do not cancel the orders, for parties to obey their rightsand obligations. each party well. Second, in a relationship there needs to be good communication betweenonline buying and selling agreements, it is necessary for the parties to establish good communication so thatthe agreement is implemented according to the expectations of the parties so that disputes in theimplementation of online buying and selling can be overcome.Keywords: Buying and selling agreement - Online Shop Monstreation - Default
ANALISIS YURIDIS PEMALSUAN IDENTITAS OLEH PENJUAL KARTU SUBSCRIBER IDENTITY MODULE INTERNET Sinambela, Winda Handayani; ', Erdianto; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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The establishment of criminal law is expected to be able to overcome legalproblems that occur in society. The existence of criminal sanctions is expected to have adeterrent effect on the perpetrators. If you look into Indonesian criminal law, there is noregulation on identity falsification carried out in electronic media, so there is no sanctionto the perpetrators. If the regulation on counterfeiting is not regulated, there will be manycases of identity forgery using electronic media. So that the value of the identity willdecrease and will cause many other crimes. Adami Chazawi in his book "Crimes RegardingCounterfeiting" said the attack on trust in the truth was in the form of an offense which wasdetermined as a crime. So, falsification of identity by an internet SIM card seller is anattack on trust and truth, because it contains elements of criminal acts, namely forgery(untruth).The purpose of writing this thesis is: First, to find out whether falsification ofidentity by the seller of an internet SIM card contains elements of illegal nature that can beaccounted for in criminal law. Secondly, to find out the ideal idea of legal regulation onidentity forgery by internet SIM card sellers.This type of research is normative legal research or can also be called doctrinallegal research. From the results of the research problem there are two main pointsconcluded, First, falsification of identity by internet SIM card sellers contains elements ofillegal nature, but in Indonesian criminal law there are no rules governing it so there areno sanctions that bind it. Therefore, a rule is needed which regulates the identity forgery.Second, the ideal legal arrangement related to identity forgery by internet SIM card sellersis that accountability can be requested to the perpetrator of identity forgery so that thevalue or significance of the identity can be maintained.
Pertanggungjawaban Pidana Terhadap Pelaku Penderita Shizophrenia Berdasarkan Kitab Undang- Undang Hukum Pidana. ', Safrizal; ', Erdianto; ', Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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In reality, not all crimes are committed by someone who has a healthy mental state. A person who has a mental disorder also has a role in criminal acts. As the case of Rodrigo Gularte drug dealer where the alleged perpetrators are Schizophrenic sufferers. Rodrigo Gularte was sentenced to death in a Supreme Court ruling on the review of No.46 PK / Pid.Sus / 2010. In this case the decision is used as a measure of the extent to which the sufferer of schizophrenia to be asked for criminal responsibility. The purpose of this Thesis Writer is First, to know the criminal responsibility to the perpetrators of Schizophrenia patients based on the Criminal Code. Second, knowing the legal review of the imposition of capital punishment by a judge in the judgment of the Supreme Court Court on the review of No.46 PK / Pid.Sus / 2010 against Schizophrenia perpetrators based on the Criminal Code. Writing this research using the type of normative legal research, reviewing legislation that refers to the Criminal Code. This study has a descriptive nature. Sources The data used are secondary data consisting of primary and secondary legal materials. Techniques of collecting data on literature review method or document study such as books or prevailing laws and regulations. So this study has a relationship in the legislation and in the literature. From the results of research problems there are two main things that can be concluded. First, the criminal responsibility of the perpetrators of Shizophrenia sufferers based on the Criminal Code is included in the category of Article 44, then according to the provisions of criminal law can’t be punished, but the act of the person is still an act contrary to the law (Wederrechtelijk) but the perpetrator is given a forgiving excuse The law so that the perpetrator's (Schuld) errors are erased. Secondly, the legal review of the imposition of capital punishment by judges in the judgment of the Supreme Court Court of Judicial Review No.07 PK / Pid.Sus / 2010 against the Schizophrenic offender under the Criminal Code is not a judge's stance contrary to the principle of legality, based on the judge's conviction and court evidence that the defendant shows an attitude that can be held accountable for his crime.

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