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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Law, Crime, Criminology & Criminal Justice
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Articles 105 Documents
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Search results for , issue "Vol 6, No 1 (2019): Januari -Juni 2019" : 105 Documents clear
Tindakan Persona Non Grata Terhadap Pejabat Diplomatik Dalam Rangka Implementasi Hukum Diplomatik (Studi Persona Non Grata Pejabat Diplomatik Rusia Untuk PBB Oleh Negara Amerika Serikat) Sari, Iing Maida; Deliana, Evi; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Persona non grata actions are common in diplomatic relations between twocountries. However, if the Persona non grata is carried out on diplomatic officials who arepermanent representatives of a member country of an International Organization, namely theUnited Nations, how do Diplomatic Laws see this matter and how Diplomatic Law regulatesthis. From the background of the problem, the formulation of the problem was born, namely,first. What is the perspective of Diplomatic Law on the Persona non grata action by theUnited States of America against the diplomatic officials of the Russian State for the UnitedNations? second, How is the Implementation of Diplomatic Law in the Persona non grataaction by the United States of America against the diplomatic officials of the State of Russiato the United Nations? to know the Implementation of Diplomatic Law in the Persona nongrata action by the United States of America against the Diplomatic Official of the State ofRussia for the United Nations.The type of research conducted can be classified as normative-juridical research inwhich this research is carried out on legal principles that are based on certain areas of legalgovernance, by first identifying legal principles that have been formulated in certain laws. Inthis study, the data sources used were secondary data with primary, secondary, and tertiarylegal materials carried out by means of library research.From the results of the study it was found that, first, the diplomatic legal perspectiveon the actions of Persona non grata carried out by the United States of America againstRussian diplomatic officials for the United Nations is an act that is contrary to DiplomaticLaw. Persona non grata actions carried out by the United States of America againstDiplomatic Officers who are permanent representatives of Russia to the United Nationsbased on Diplomatic Law cannot be justified unilaterally. There must be coordination andapproval from the United Nations. Secondly, the implementation of Diplomatic Law on casesof Persona non grata carried out by the United States of America against Russia's permanentrepresentatives to the United Nations has not been implemented. Because it is proven thatthis Persona non grata action should not be carried out unilaterally by the United States ofAmerica but this is still done by the United States of America. And many provisions containedin diplomatic law are not renewing Visas 5 permanent representatives of Russia to the Unitednations, and not resolving matters that are not desirable by the United States or theproblemsthat are relatedto either United Nations or member countries. As contained inArticle 20 and 21 Headquarter Agreements, namely by forming the United Nations Committeand forming other agreements agreed upon by the United States and the United Nations.
IMPLIKASI PARIS AGREEMENT 2015 TERHADAP KEBIJAKAN PEMERINTAH INDONESIA DI SEKTOR ENERGI DALAM MITIGASI PERUBAHAN IKLIM DI INDONESIA (KAJIAN PENGGUNAAN ENERGI BATUBARA DALAM PEMBANGUNAN DI INDONESIA) Nasution, Syafira Yasmin; Deliana, Evi; Putri, Adi Tiara
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The ratification of an international agreement has implications for the obligation for the state to fulfill the commitment from the results of the ratification. In this case, Indonesia which has ratified the Paris Agreement 2015 has an obligation to adjust domestic policies to conform to the commitments in its Nationally Defined Contribution (NDC) document. The implications referred to in this study are the implications for policies in the energy sector in climate change mitigation efforts. Considering that the Indonesian Government issued electricity energy policies that have a negative impact on climate change mitigation efforts that are in accordance with their commitments.The type of research carried out can be classified by normative-juridical research where this research is conducted on the level of vertical and horizontal synchronization, toexamined the extent of which written positive laws that are harmonious. In this study, the data sources used were secondary data with primary, secondary, and tertiary legal materials carried out by means of library research.From the results of the research obtained, first, the implication of the Paris Agreement 2015 on energy sector policies in Indonesia is the existence of coordination and policy coherence in the energy sector by related institutions. However, the Indonesian Government still has difficulty in adjusting Indonesia's energy needs for national development with efforts to mitigate climate change in the energy sector. This has caused a lack of efforts by the Government to mitigate climate change in the energy sector. Secondly, mitigation efforts through the energy sector have been incorporated into the National Action Plan for Greenhouse Gases with commitments before the Paris Agreement 2015. There has been no review of these mitigation efforts causing Indonesia's commitment in the Paris Agreement 2015 to have no implications for mitigation efforts through the National House Gas Action Plan.Keyword : Paris Agreement 2015-Climate Change Mitigation-Indonesia Energy Sector Policy
PENEGAKAN HUKUM TINDAK PIDANA PEMILIHAN UMUM KEPALA DAERAH DI WILAYAH HUKUM KEPOLISIAN RESOR KABUPATEN KAMPAR Alfatah, Alfarouq; Indra, Mexsasai; Ferawati, Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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The holding of elections is held every five years, this is reflected in Article 22E paragraph (1) of the1945 Constitution which states that "General Elections are carried out directly, publicly, freely, secretly,honestly and fairly every five years". Quality elections are influenced by many factors. Tight competitionbetween advanced regional head candidates can create the potential for various fraudulent practices so thatthey can damage the real purpose, which is honest and fair elections and obtain pure and quality results.The purpose of this thesis is to find out the law enforcement of post-conflict local election actions and to findout the factors that cause the crime of post-conflict local election and in the police law area of Kamparregency resort.This type of research can be classified in the type of sociological juridical research, because in thisstudy the author immediately conducts research on the location or place under study in order to provide acomplete and clear picture of the problem under study. This research was conducted in the jurisdiction ofKampar Regency, while the population and samples were all parties related to the problems examined inthis study, data sources used, primary data, secondary data, and tertiary data, data collection techniques inthis study with interviews and literature review.From the results of the research that the author did, it can be concluded, First, the law enforcementof criminal acts of post-conflict local election in the resort area of Kampar regency police is to establish anintegrated law enforcement center (Gakkumdu center). The two factors causing the post-conflict localelection crime in the Kampar regency police jurisdiction are not understanding the regulations regardingthe stages of the election, the lack of socialization by the organizers, the rigorous electoral competitionagainst regional heads, and economic factors.Keywords: Law Enforcement - Criminal Offense- Post-conflict Local Election
PENYIDIKAN TERHADAP TINDAK PIDANA PENYELUNDUPAN MINUMAN KERAS YANG MENGANDUNG ETIL ALKOHOL DI WILAYAH HUKUM DIREKTORAT JENDERAL BEA DAN CUKAI TIPE MADYA PABEAN B KOTA PEKANBARU Fajar, Muhammad Abdul; Effendi, Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Smuggling crime is a serious problem in the implementation of thecountry's economy. one item that is often smuggled into the country of Indonesiais liquor. Liquids are excise-related goods containing ethyl alcohol where thegoods are specific and characteristic while negative impacts are necessary so thatthe circulation of beverages containing ethyl alcohol is necessary. Office of theDirectorate General of Customs and Excise Type Medium Customs B, PekanbaruCity, one of the efforts to eradicate smuggling.This type of research can be classified in the type of sociological legalresearch (empirical), because in this study the authors immediately conductresearch on the location or place under study in order to provide a complete andclear picture of the problem under study. This research was conducted in the legalarea of the Directorate General of Customs and Excise of Pekanbaru City, whilethe population and samples were. Head of Counseling and Information Servicessection of the Supervision Office, Customs and Excise Service of Pekanbaru CityB and Manufacturer of ape drinks. The data sources used are primary data, andsecondary data. Data collection techniques in this study were interviews,questionnaires, and literature review.The conclusion that can be obtained from the results of the study is theInvestigation of Alcoholic Smuggling Crimes Containing Ethyl Alcohol is carriedout if the perpetrator of the smuggling is caught and fulfilled the element ofcriminal acts in the field of customs. with repressive law enforcement(prosecution). Obstacles in the investigation of criminal acts of liquor smugglingcontaining ethyl alcohol in the jurisdiction of the Directorate General of Customsand Excise of the Type of Customs, B Customs of the City of Pekanbaru, there are2 (two) factors, namely internal factors and external factors. Interanl factorsconsist of lack of personnel and lack of operational facilities. while externalfactors consist of smuggling offenders who do not directly engage in smuggling,the number of unofficial ports, shipping lines and the lack of observations throughthe Inteijen Team to found immediately a liquor dealer or smuggler containingEthyl Alcohol.Keywords: Investigation, Crime, Smuggling, Liquor, Containing Ethyl Alcohol
Akibat Hukum Terhadap Pembatalan Perkawinan Poligami Terhadap Istri Ke-2 (Dua) Cahya, Adig; Bachtiar, Maryati; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Marriage is defined as an agreement between men and women to be married. Organizing marriagesin some communities, sometimes ignoring the true will of the candidate who will marry, even in many cases,the future bride and groom will only find out who he will marry with at the time the marriage will take place. It is often the case that marriages take place according to the wishes of the marriage, but are contrary tothe wishes of the other parties, for example the family, both male and female families or polygamousmarriages that are carried out illegally. The consequence of this situation caused no happiness in thehousehold and forced the marriage bond to be decided or canceled. Cancellation of marriage is regulated inarticles 22 up to and including 28 of the marriage law of 1974. Cancellation of polygamous marriage willcause legal consequences and losses for some parties, especially the second ex-wife.The type of research that is used normative legal research, namely research that is carried out byresearch of primary and secondary legal materials. The author conducts research with a view to attractinglegal principles (Rechtsbeginselen) that can be made against written positive legislation and unwrittenpositive legislation. In this study, the author discussed more about the principles of law, in particular theprinciple of justice in the case of the cancellation of the marriage experienced by the second ex-wife . In thiscase to describe the factors, efforts that can be made to seek justice, and legal protection for the second exwifewho is not regulated in the marriage law.The results of the investigation into this problem were the result of the law of canceling polygamousmarriages for the second ex-wife only in the form of the cancellation of the polygamous marriage. But thereare no legal consequences for the rights of the second ex-wife, none of the laws and regulations in Indonesiaregulate this issue. According to article 28D of the Constitution of 1945, the second ex-wife has the right toobtain justice. The country is immediately guided to form a new rule to regulate the rights and obligations ofthe second ex-wife. Because there are no rules that apply, the second ex-wife can make legal efforts throughnon-court cases in the form of negotiation and mediation or take legal action through legal proceedings inthe form of a civil claim for compensation against the former spouse of a polygamous marriage that wascanceled.Keywords: Marriage - Cancellation - the second wife - right
Penerapan Mediasi Penal Dalam Penanganan Kasus Tindak Pidana Di Wilayah Hukum Kepolisian Sektor Bantan Kabupaten Bengkalis Siti Zuleha; Dessy Artina; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Penal mediation is one form of dispute resolution outside the judiciary (non litigation) with the helpof other people or third parties who are neutral and do not take sides with either party. There are severallegal bases for the application of penal mediation in Indonesia, namely: National Police Letter of theRepublic of Indonesia No Pol: B / 3022 / XXI / 2009 / SDEOPS, December 14, 2009, Regarding CaseHandling Through Alternative Dispute Resolution (ADR), this letter becomes a reference for the Police tosettle criminal cases through the principle of deliberation and consensus, and respect for social / customarylegal norms and based on justice for the parties, if a case is still in the process of investigation andinvestigation.This research is sociological or empirical research, namely the type of research that uses communityassumptions in looking for facts that occur in the field to answer an existing problem. This research wascarried out in the Riau High Prosecutor's jurisdiction. While the population and sample are parties relatedto the problems examined in this study, the data sources used, primary data, secondary data, and tertiarydata. The technique of collecting data in this study was through interviews and literature review.From the results of the research the authors concluded, the first Settlement of a criminal offense inthe Bantan Sector Police of Bengkalis Regency still uses deliberations between victims and perpetratorsattended by people in the village to reach a decision based on the provisions set by the people In the village,if the reasoning mediation process is carried out, the investigation process in the police of the bus sector isstopped and will not proceed to the Court. Second, the reasons for the police officers to carry out criminalmediation in criminal cases include because in general the perpetrators or the families of the perpetratorsask the investigators that the case is not processed further, the perpetrators / families of the perpetratorsgenerally provide compensation to the victims, so that this is an effort take the victim's heart so as not to suefurther.Keywords: Penal Mediation - Case Handling - Crime.
Tinjauan Yuridis Terhadap Gesek Tunai Pada Kartu Kredit Sebagai Alat Pembayaran
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Cash swipe is a practical way to deal with the high cost of withdrawals at ATMs. Becausewithdrawing credit card cash from an ATM machine will be exposed to a very high interest expense,whereas if the credit card holder does cash swipe at the merchant the fee that will be charged to the cardholder is only 3% for each transaction. In the city area of Pekanbaru itself there are many shops thatprovide cash swipe services. Since the issuance of the latest PBI regulation governing credit cards, namelyPBI Number 14/2 / PBI / 2012 concerning the Implementation of Card-Based Payment Instruments, the useof credit cards other than as a means of payment is expressly prohibited by Bank Indonesia. The purpose ofwriting this thesis, namely; First, to find out the causes of the practice of cash friction is still mostly done inthe community, Secondly, to find out the legal consequences of the practice of cash friction using creditcards.This type of research can be classified in the type of sociological juridical research, because in thisstudy the author immediately conducted research at the location or place under study in order to provide acomplete and clear picture of the problem under study. This research was conducted in the area ofPekanbaru City, while the population and samples were all parties related to the problems examined in thisstudy, data sources used, primary data, secondary data, and tertiary data, data collection techniques in thisstudy with interviews, questionnaire, and literature review.Based on the results of the research problem, there are two main things that can be concluded.First, many of the causes of cash swift practice are still carried out by the community, such as; fees chargedto cardholders are cheaper; no withdrawal limit; places that receive cash swipe services can be easilyfound. Second, the regulations issued regarding the prohibition to conduct cash swipe transactions arecontained in PBI No. 11/11 / PBI / 2009 as amended by PBI No. 14/2 / PBI / 2012. If violating will besubject to administrative sanctions. The author's advice, First, should the card holder avoid withdrawal offunds through cash swipes. Second, the merchant is expected to be honest in doing business. Thirdly, thebank that issues katu is expected to comply with the rules and educate merchants about the ban on providingcash friction services, fourth , BI is expected to increase the supervision and control of credit card issuingbanks so there will be no more abuse in using credit cards.Keywords: Swipe Cash - Credit Card - Payment Tool
Politik Hukum Pembentukan Peraturan Daerah Provinsi Dikaitkan dengan Kewenangan Menteri Dalam Negeri dalam Pembatalan Peraturan Daerah Provinsi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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The issuance of the Constitutional Court Decision number 56 / PUU-XIV / 2016 related to thecancellation of the regional regulation by the governor and minister. With the Constitutional Court's decision,the Minister of Home Affairs will no longer be able to revoke the provincial regulation. In the decision also theConstitutional Court stated, for the sake of legal certainty and in accordance with the 1945 Constitution of theRepublic of Indonesia according to the Court, the testing or cancellation of regional regulations became thedomain of the constitutional authority of the Supreme Court. Meanwhile, in carrying out the judicial review, theproblems faced included, among others, the mechanism that made it difficult for the community to take theprocedure to file a judicial review of the local regulation. On the other hand the Minister of Home Affairsobtained the authority to carry out executive review on the basis of the authority granted by the RegionalGovernment Law and its derivative legislation in carrying out guidance and supervision on the implementationof regional autonomy, in this case the regional regulation. So that it has implications for legal uncertainty inlaw enforcement and development in Indonesia, especially those related to whether the regulation has legalstrength or lacks legal force in its implementation, especially the provincial regulations that are passed on bythe minister of interior in 2016. There are two things from the problem research principal that can beconcluded. First, the legal politics of the establishment of provincial regulations associated with the authorityof the Minister of Home Affairs in the cancellation of 2016 regional regulations which have implications forlegal uncertainty in testing local regulations with the legal dualism between the existence of judicial review andexecutive review in the perspective of applicable legislation can cause problems . Secondly, the ideal idea in theFormation of Provincial Regulations is to provide ideas in the propemperda process so that they are inaccordance with the concept of the desired legal requirements.This This type of research is normative legal research, because in this study the author conducted astudy of legal norms, by first identifying the legal principles that have been formulated in certain laws andregulations, in order to provide an explanation of the qualitative juridical is a research procedure thatproduces descriptive analytical data, which collects all data from primary and secondary legal materialsrelating to the politics of cancellation of provincial regulations by accommodating legal theories and otherlegislation. Accompanied by data sources used in this study include: primary data, secondary data and tertiarydata.The author's suggestion, First, seeks to improve the mechanism of local regulation testing. Secondly, thelegislators should need systematic and continuous efforts to improve the capacity of DPRD members and LGsin designing good local regulations.Keywords: Establishment of Regional Regulations-Politics Law-Regional Autonomy
PELAKSANAAN ROYA FIDUSIA KENDARAAN BERMOTOR SEBAGAI JAMINAN HUTANG DI BANK MESTIKA DHARMA TBK CABANG PEKANBARU.
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Fiduciary guarantee is a guarantee institution that can be used to bind collateral objects in theform of movable and immovable property, especially buildings that cannot be burdened with mortgages.Roya (elimination) is the elimination of debts guaranteed by the fiduciary, the release of rights to theFiduciary Guarantee by the Fiduciary Recipient or the destruction of objects that are objects of fiduciarycollateral. Based on this, the emergence of how the implementation of the motor vehicle fiduciary roya ascollateral is payable at the Pekanbaru Branch Mestika Dharma Tbk. The formulation of the problem in thisstudy is how the implementation of the motor vehicle fiduciary roya as collateral for debt at the PekanbaruBranch of Mestika Dharma Tbk and how the legal consequences if it is not carried out motorized fiduciaryroya as collateral for debt at the Pekanbaru Branch Mestika Dharma Tbk. The purpose of this study is First,to find out the implementation of the motor vehicle fiduciary roya as collateral for debt at the PekanbaruBranch Mestika Dharma Tbk. Secondly, to find out the legal consequences if the motor vehicle's fiduciaryroya is not carried out as collateral for debt at the Pekanbaru Branch Mestika Dharma Tbk.The type of research I use is a type of sociological research. The research location that is the objectof this research is the Pekanbaru Branch Mestika Dharma Tbk, Notary and Kemenkumham Riau ProvinceRegional Office. While the population and samples use the Pekanbaru Branch Mestika Dharma Tbk Debtor,Bank Mestika Dharma Branch Head, Notary and Kemenkumham Riau Province Regional Office. Primary,secondary and tertiary data sources. Data collection techniques in this study were interviews,questionnaires and literature review.From the results of the study there are several problems that give rise to two points. First, thequestion is how the implementation of the fiduciary law and legal consequences if it is not carried out by thefiduciary roya of motorized vehicles as collateral for debts at the Pekanbaru Branch Mestika Dharma Tbk,namely not all carry out the fiduciary plan because even if no deletion is carried out. . Second, how theefforts made to carry out motor vehicle fiduciary operations as collateral for debt at the Pekanbaru BranchMestika Dharma Tbk, namely when the debtor will pledge the object or item back then the object or itemcannot be guaranteed back for fiduciary collateral, because in fiduciary guarantee it does not allowfiduciary re. Suggestion of the author, first, even though there is no strict sanction, it should still carry outthe elimination of fiduciary. Second, the author hopes that there will be an effort from the government tomake more stringent rules regarding the provisions for the abolition of fiduciary guarantees.Keywords: Implementation - Roya - Fidusia - Vehicles - Motorized
Pelaksanaan Simpan Pinjam Pada Usaha Ekonomi Desa Simpan Pinjam (Ued-Sp) Kembang Serumpun Untuk Meningkatkan Perekonomian Masyarakat Desa Banjar Guntung
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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The Village-Savings and Loans Economic Business, hereinafter referred to as UED-SP, is aVillage Empowerment Program (PPD) created by the central government to improve the economy of ruralcommunities. The legal basis for UED-SP is regulated in Domestic Government Regulation Number 6 of1998 concerning Village-Savings and Loans Economic Enterprises. The Minister of Home AffairsRegulation Number 6 of 1998 concerning Village-Savings and Loans Economic Businesses gives theunderstanding that UED-SP is an institution engaged in savings and loans and belongs to the village /kelurahan community which is cultivated and managed by the village / kelurahan community.The purpose of this thesis is to find out the Savings and Loans Implementation of the Savings andLoans Economic Enterprise (UED-SP) of the Cumpun Flower to Increase the Economy of theBanjarGuntung Village Community. The type of research that will be used is sociological research, sausageresearch is research that examines its legal aspects by looking at the applicable legislation and comparing itwith its implementation in the field by means of surveys. The location of the study was carried out at theUED-SP Kembang Serumpun located in Banjar Guntung Village, Kuantan Mudik Subdistrict, KuantanSingingi Regency. The research is descriptive. The data sources used are primary, secondary and tertiarylegal data.The results of the study can be concluded, the factors causing the occurrence of bad credit in theUED-SP Kembang Serumpun that I got consisted of the following: Factors originating from UED-SP(Managers and Authorities), First, Managers were not careful in analyzing debtor credit applications.Secondly, over-financing of debtors needs. Third, Lack of supervision over loans. Next are factors that comefrom internal debtors: First, the customer misuses using credit. Second, the customer is less able to managehis business. Third, the customer has bad intentions. Whereas the settlement of problems for debtors whodefault on UED-SP Kembang Serumpun has never been confiscated and sold on collateral for debtors. Thisis based on the results of the decision of the Village Consultative Meeting. The following is a problemsolving for debtors who default: First, a warning / warning letter is given to the summoning process.Second, Extension of credit period. UED-SP Kembang Serumpun did not conduct an auction against debtorswho made arrears who had been given subpoena twice, this policy was decided based on the VillageConsultation because of certain considerations.

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