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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
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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
PENGATURAN TINDAK PIDANA PERSETUBUHAN TERHADAP HEWAN DALAM HUKUM PIDANA INDONESIA Abdurrahman, Abdurrahman; Firdaus, Emilda; Erdiansyah, Erdiansyah
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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Abstract

Bestiality, which can also be called zoophilia, is the involvement of contact and sexual activitybetween humans and animals. Of course it is clear that this action is not in accordance with the norms in thecommunity. The case of Sutarya's grandfather in Bali, the case of a young man with a GA in Bali, the case ofa young man with the initials AS in Tasikmalaya, and the case of Hendro in Bone Sulawesi as evidence thatthis heinous act occurred. Not regulating bestiality in Indonesian law, makes it unclear about lawenforcement officials in enforcing the law. So that the sanctions given to the perpetrators who were foundproven, in Bali, were given traditional sanctions and carried out traditional ceremonies to clean the souls ofthe perpetrators, the village, and also the animals that became objects. This act does not only violate theprevailing norms in the community, but also economic losses experienced by animal owners. including acase of bestiality in Tasikmalaya which resulted in 300 chickens dead. Cows belonging to a resident in Baliwho were the object of Sutarya's grandfather also had to be drowned in accordance with the localtraditional ceremony. Legal certainty is needed to determine more appropriate regulations to be applieduniformly.The purpose of this study is to determine the arrangement of criminal acts of sexual intercourse withanimals in Indonesia. Especially criminal law as ultimum remedium. And to find out the impending criminallaw policy regarding sexual intercourse with animals in Indonesia. There are five principles of animalwelfare based on legislation and need to be considered by humans as animal owners: free from hunger,thirst, pain, discomfort, fear, feeling depressed, pain, injury, illness, and free to express patterns of behaviornormal. In addition, animals must be protected from physical and psychological abuse.Arrangement of criminal acts of intercourse with animals in Indonesia has not been regulated inwriting in the laws and regulations. In the Indonesian Penal Code the law is not regulated concretely.Especially in Article 302 relating to animal abuse. in Article 66 of Law Number 18 of 2009 concerningAnimal Husbandry and Animal Health which protects animals from abuse and abuse is not accompanied bycriminal sanctions. As well as in the amendment law also does not mention the prohibition of criminal actsof intercourse with animals. Government Regulation Number 95 of 2012 concerning the Health ofVeterinary Communities and Animal Welfare also does not regulate bestiality. As well as criminal lawpolicy that is carried out by the method of evolutionary approach that is by amending and inserting newrules in an article relating to violence against animals. letter c Article 501 of RUU KUHP.Keywords: Arrangements, - Bestiality, - Animals, - Criminal Law Policies.
PERLINDUNGAN HUKUM ANAK BUAH KAPAL INDONESIA PADA KAPAL PERIKANAN TAIWAN SAFITRI, GUSRIKA; Deliana, Evi; Diana, Ledy
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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Abstract

Opportunities for migrant workers in the field of fisheries, especially boat crews on foreign fishing vessels. Estimating that there are 36 million people involved in fishing and aquaculture activities and 15 million of them are involved in fishing. Activities in the territorial sea are basically subject to coastal state jurisdiction, while in the high seas are subject to international law. With the aim of supporting economic development and increasing national welfare, the Indonesian state has bilateral relations with Taiwan. But in the Indonesian political order it did not establish diplomatic relations with Taiwan based on the politics of One china Policy. Although it does not have diplomatic and consular relations, Indonesia's interests in Taiwan, especially economic and trade interests, are carried out by the Indonesian Economic and Trade Office. As a country subject to international law, when Indonesian citizens come to Taiwan, Taiwan must treat Indonesian citizens as well as treat their own citizens, in accordance with the standard national treatment principle. In fact, there are still many Indonesian citizens who get into trouble in Taiwan, especially Indonesian Ship Fruits working on Taiwan's Fishing Vessels, which have been explored. This problem is caused by the absence of regulations specifically regulating international standard ship crews. The destination country must balance the needs of migrant workers based on the views and needs of the country, while the sending country needs to regulate shipping policies so that the rights of migrant workers can be protected. Ship crew rights: rights to wages, rights to shelter and food, rights to care during illness / accident, rights to leave, right to transport to be repatriated. The authors suggest integrating the guidelines for the protection and safety of migrant workers from various agencies such as the ILO, IMO, and FAO and incorporating these guidelines into the national policies of each country. Indonesia pays more attention to deviations in the suitability of prospective migrant workers on foreign fishing vessels, especially Taiwan. Keywords: Legal Protection - Indonesian Vessels - Taiwan Fishing Vessels
PELAKSANAAN KUASA MENJUAL AGUNAN KREDIT PADA PT. BANK RAKYAT INDONESIA (PERSERO) TBK UNIT SUDIRMAN PEKANBARU Setiawan, Dede; Bachtiar, Maryati; Fitriani, Riska
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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Abstract

The power of sale that is made by the parties jointly is basically only in the form of formalitiesbecause, collateral for loans guaranteed to the Bank has been tied to mortgage rights by conducting anauction as a form of repayment of debt. The purpose of this thesis is: First, To find out the inclusion of thepower of selling clause in the credit agreement at PT. Bank Rakyat Indonesia (Persero) Tbk PekanbaruSudirman Unit is in accordance with applicable rules. Second, to find out what factors cause the power tosell credit collateral received by PT. Bank Rakyat Indonesia (Persero) Unit Sudirman Pekanbaru in thepractice of granting credit.This type of research is sociological juridical research which means reviewing the state of the problemin the field associated with applicable legal aspects and regulating the problem, while the nature of theresearch is descriptive, where descriptive research describes clearly and in detail the implementation ofcredit collateral at PT. . Bank Rakyat Indonesia (Persero) Tbk Sudirman Unit Pekanbaru.From the results of the study concluded, Inclusion of the power of selling clause on credit agreementsat PT. The Bank Rakyat Indonesia (Persero) Tbk Pekanbaru Sudirman Unit is that it has been carried outaccording to the provisions but still causes losses to the debtor even though the power selling clause is madeto provide benefits to the parties but this has not been felt by the debtor because the Bank has unilaterallydetermined the selling price from collateral goods in the process of selling collateral goods due to baddebtor customers' credit Even though in the power of attorney there is also the power to set prices by theauthorized recipient (creditor), but the power of attorney is not entitled to set a price so low that the powerof attorney, and Factor factors that cause the power to sell the credit collateral received by PT. Bank RakyatIndonesia (Persero) Unit Sudirman Pekanbaru in the practice of granting credit is minimizing auctions dueto bad credit, Avoiding auction taxes at 10% of the value of transactions, carrying out sales of assets againstbad credit that the income from the sale is immediately put into bank finances because the People's BankIndonesia and the power to sell it are very effective, easier, the cost is cheap and not complicated if theobject of collateral will be sold when the debtor defaults / defaults.Keywords : Power Implementation - Selling Collateral – Credit
PERTIMBANGAN PEMANGKU ADAT PETALANGAN DALAM PEMBATALAN HIBAH TANAH DI DESA SEGATI KECAMATAN LANGGAM KABUPATEN PELALAWAN Suarsanti, Devi; Ismi, Hayatul; Hasanah, Ulfia
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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Abstract

Land grants in customary land law are a free agreement on land granting. To prove land grants according to customary law that are still recognized, at the time of registration of rights to land grants systematically as proof of customary land rights. Land rights are not an agreement whose implementation must be fulfilled by submitting juridical rights to the party receiving the grant, but rather legal actions that cause the transfer of ownership rights to the land concerned to those who are given a grant. But in essence, a grant that has been granted cannot be withdrawn either in customary law or in the Civil Code. The purpose of this thesis is: First, to find out the consideration of the stakeholders of the traditional petalangan in the cancellation of the village land grant from Segati, the sub-district of Pelalawan District. Secondly, to find out the efforts made by indigenous people towards the cancellation of land grants carried out by the traditional petalangan stakeholders in the village, the sub-district of Pelalawan district. This type of research can be classified as sociological, sociological or empirical legal research consisting of identification of law (unwritten) and research on legal effectiveness. In this study the author directly conducts research on the location or place under study in order to provide a complete and clear picture of the problem under study. This research was conducted in Segati Subdistrict Village, Pelalawan Regency, while the population and samples were all parties related to the problems examined in this study, data sources used primary data, secondary data, and tertiary data, data collection techniques in this study with observation, interview, and literature study. From the results of the study two things can be concluded. First, what is considered by the stakeholders in the cancellation of the land grant is; because the land is not used as it should / is not managed, the object of the grant that is in dispute, and is not approved by all indigenous stakeholders. Secondly, the efforts made by indigenous peoples towards the canceled land grant by conducting deliberations with traditional stakeholders as grant providers, and by resolving disputes with the PT. Nusa Wana Raya. Suggestion of the author First, based on the considerations made by the adat stakeholders in the cancellation of the land grant, in this case the customary petalangan institution must make a writtenJOM Fakultas Hukum Universitas Riau Volume VI Edisi 1 Januari- Juni 2019 2regulation related to the cancellation of the grant. Second, regarding the efforts made by indigenous peoples to the cancellation of the land grant, indigenous peoples also need to understand the importance of registering customary land with national law to the national land agency
TANGGUNG JAWAB PELAKU USAHA LAUNDRY TERHADAP KONSUMEN MENURUT HUKUM PERJANJIAN DI KOTA PEKANBARU Siska, Nia; Ismi, Hayatul; Fitriani, Riska
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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Abstract

In this modern era, with human activity increasingly increasing, activities such aswashing clothes are no longer carried out alone. This has led to the emergence of servicebusinesses that are used as business actors to facilitate human work, one of which islaundry or laundry services. Laundry is a business that offers services in terms ofwashing clothes with special methods. From these activities, the emergence of how tocarry out the responsibilities of laundry entrepreneurs to consumers in Pekanbaru City.The formulation of the problem in this study is how the implementation of the rights andobligations of laundry businesses to consumers in Pekanbaru and what are the barriersto the implementation of the responsibilities of laundry businesses to consumers inPekanbaru.The purpose of this study is First, to be able to explain the rights and obligationsof laundry owners to consumers in the city of Pekanbaru. Second, to find out theobstacles in the implementation of the responsibility of the owner of the laundry toconsumers in the city of Pekanbaru. The type of research I use is a type of sociologicalresearch. The research location that is the object of this research is that laundry is inPekanbaru City. While the population and samples use laundry businesses but onlyregistered laundry and consumers are harmed. Primary data sources and secondarydata. Data collection techniques in this study were interviews and literature studies.From the results of the study there are several problems that give rise to twopoints. First, the question is how the form of the implementation of the rights andobligations of the laundry businessman to consumers in the city of Pekanbaru is becausethere are many implementations of losses that are still not done properly. Second, whatare the barriers to the implementation of the responsibilities of laundry businesses toconsumers in the city of Pekanbaru that still business people feel some obstacles to theimplementation of responsibilities caused by consumers themselves.Suggestions the author, first, for laundry businesses should know what their rightsand obligations are in managing their business. Second, the authors hope consumers willbe more critical, both during the pre-transaction period, during the consumer transactionperiod, and at the end of the consumer transaction. Third, the author hopes that thegovernment should increase efforts to socialize Law No. 8 of 1999 concerning ConsumerProtection to the public, especially consumers and business actors.Keywords: Responsibilities - Business Actors - Consumers - Laundry
Peranan Advokat Dalam Menerapkan Mediasi Penal Sebagai Alternatif Penyelesaian Tindak Pidana (Studi Penerapan Mediasi Penal Oleh Advokat Lembaga Bantuan Hukum Tuah Negeri Nusantara Di Kota Pekanbaru) Nadya Khairunissa; Mexsasai Indra; Erdiansyah Erdiansyah
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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Abstract

Penal mediation is an alternative solution to criminal cases outside the court. In the settlement of criminal cases if taking a line of reasoning, there is always a criminal conviction by the judge against the perpetrator, this is philosophically sometimes not satisfying all parties, therefore it is necessary to have a criminal case resolution through ADR (Alternative Dispute Resolution) with the intention can resolve conflicts that occur between perpetrators and victims.This research can be classified in sociological legal research, namely the effort to approach the problem under study with the nature of the law that is real or in accordance with the reality that lives in society. This research is seen from the nature of description, namely a study that illustrates clearly and in detail the review of the role of advocates in applying reason mediation as an alternative to criminal dispute resolution by limiting the discussion and analysis of two aspects, namely the role of advocates, and the legal consequences of the peace agreement from the results of the reasoning mediation.From the results of the problem research there are three main things that can be concluded. First, the Role of Advocates in Applying Penal Mediation to Completion of Criminal Cases Outside the Court is an advocate acting as a third party who is impartial and seeks to find solutions and provide solutions to the disputing parties but the solutions provided are not binding the parties to the dispute, the success of mediation remains dependent on the parties who want peace as a solution outside the court. Second, the legal strength of the peace agreement produced by the mediation of the process of handling criminal cases in the peace agreement produced by reasoning mediation will be legally enforceable for the parties (perpetrators and victims) based on the principle of pacta sunt servanda that the agreement is a law for the maker so obeyed. But the peace agreement is actually not binding on investigators or creates an obligation for investigators to stop the investigation. Even though an act of accountability is desired by the victim, the perpetrator can still be prosecuted until the judge is sentenced.The author's advice, First, should the Central Government and the Regional Government conduct legal development management on the importance of resolving legal issues through the reasoning mediation path. Second, a policy from the government is needed that supports penal mediation through legal institutions by harmonizing the criminal justice system. Third, conducting reasoning mediation needs to be supervised by an advocate organization so that penal mediation is truly implemented because of reasons for the benefit of the parties.Keywords: Role - Penal Mediation - LBH Tuah Negeri Nusantara
Tinjauan Hukum Terhadap Pinjam Pakai Nama Untuk Sertifikat Hak Milik Di Kota Pekanbaru Audesti Nindya; Firdaus Firdaus; Maryati Bachtiar
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Abstract

Along with the development of the land age is not only used as a land of settlement and agriculture, but the land has an important role in the economic development of the community. Land is one of the fixed assets that has a very important function and role for humans. Land issues in the era of development are indeed increasingly complicated and potentially causing turmoil. The complicated issue also arises in one case in the Pekanbaru City District Court, the problem arises because the plaintiff borrowed the name of the defendant without making an agreement. The essence of the problem is on borrowing using the name, borrowing using the name does not exist in the civil law order specifically, whether material or formal. The purpose of the writing of this thesis is First, to find out how to give a certificate of land ownership in the city of Pekanbaru. Second, to find out how the legal status of the land title certificate is based on borrowing, using the name given by the Pekanbaru City Land Agency. From the results of the research problem there are two main things that can be concluded. First, the community must go through several stages to obtain ownership rights on the land, in several stages the researcher did not find out about the method or procedure for making a loan based on the name. Borrow using names for property rights certificates is carried out to acquire land above the maximum stipulations set by the government. Borrowing using names for property rights certificates is done to invest his property in the land in order to obtain multiple profits. Second, the legal status of the land which is certified based on the name and use of the loan is valid with the ownership of the land is the person whose name is on the certificate and so the responsibility for all legal actions against the land that is responsible is the person whose name is listed on the certificate not the person who borrow or use names.Keywords: Legal Review-Borrowing Using Ownership Rights
Tinjauan Yuridis tentang Pertanggungjawaban Rumah Sakit Terhadap Pasien Korban Malpraktik Menurut Undang-Undang Nomor 36 Tahun 2009 Tentang Kesehatan Qorina Khoirunisa; Evi Deliana; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Medical malpractice is negligence or inadequacy carried out by health personnel causing harm tothe patient either intentionally or unintentionally and can be accounted for. Indonesian health law does notyet have specific regulations regarding malpractice so that criminal liability in solving malpracticeproblems often becomes ambiguous. On the other hand, the Hospital as an institution with corporate legalstatus is in charge of providing facilities and health workers should also be responsible for negligencecaused by health workers who work in the hospital. So that the settlement of malpractice cases can be ashared responsibility between health workers and health care institutions. Legal certainty is needed todetermine more appropriate regulations so that they can be applied uniformly.Even though they do not have specific rules for dealing with malpractice, accountability can still betaken in criminal, civil and administrative law. The difficulty of proof from the side of the victim makes thesettlement of malpractice more often taken through civil law. Though most of the settlement of civilmalpractice often causes inequality and dissatisfaction for victims of malpractice patients. So that there isnot much that can be done by victims in dealing with these problems. And that is why the prosecution ofmalpractice cases is still very minimal.For administrative settlement, the Minister of Health formed MTKI (Indonesian Health Workers'Assembly) and MTKP (Provincial Health Workers' Assembly) which functioned as institutional supervisorsand health workers. One of the authorities of MTKI and MTKP is to issue a STR (Registration Certificate)and revoke it if the health worker or the institution concerned is proven to have committed a violation.Keywords: Accountability, Malpractice, Health Workers
Upaya Pencegahan Tindak Pidana Penadahan Telepon Seluler Batangan yang Berakibat Merugikan Konsumen oleh Kepolisian Resort Kota Pekanbaru Mhd. Indra Kurniawan; Erdianto Effendi; Evi Deliana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Enforcement of criminal offenses of cellphone (cellphone) results from theft in the jurisdiction ofthe Pekanbaru City Resort Police has not been carried out effectively, and there are still many circulation ofbar cellular phones (HP) that do not have letters or assistance relations every year and follow up is difficultto improve because it avoids public awareness.The obstacle that was followed up by Pekanbaru City Resort Police in carrying out lawenforcement on criminal acts of barring cell phone (theft) from the theft in the legal area of Pekanbaru CityPolice is the price of cellphone bars (Hp) which are relatively cheap, using a sufficient distance far, lowerlegal awareness of the community, better if updated or socialized with the community, and preferred by lawenforcement.Efforts to prevent cases of theft of cellphone (cellphone) from theft in the jurisdiction of thePekanbaru City Police Resort are to reduce the theft of bar cell phone (HP), bring legal complaints to thecommunity, and increase supervision and cooperation between regional police departments aboutimposition of bar cell phones (HP) resulting from theft.
PEMENUHAN HAK TERHADAP PENYANDANG DISABILITASPENGGUNA JASA ANGKUTAN LAUT PT. ANGKUTAN SUNGAI DANAU DAN PENYEBERANGAN (ASDP) INDONESIA FERRY (STUDI KASUSKAPAL RORO DUMAI - RUPAT) Rahmat Sandani; Maryati Bachtiar; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Business actors in providing public services in the field of transportation services must implementand comply with the provisions contained in the Law and other regulations. Then the Dumai-Rupat branchRORO ship in its service has the responsibility for the obligation to guarantee the rights of consumers usingthe Dumai-Rupat branch RORO transportation service. Considering that consumers with disabilities are avulnerable group of people, protection must be given that is more relevant to its specificity, namely LawNumber 8 of 2016 concerning Persons with Disabilities. In the implementation it refers to Law Number 8 of1999 concerning Consumer Protection. But in fact there has been a social inequality towards consumers withdisabilities. Where the Dumai-Rupat branch of the RORO ship does not provide special facilities and facilitiesfor Disabled Persons as stated in Article 2 Paragraph (1) of the Republic of Indonesia Minister ofTransportation Regulation Number PM 98 of 2017 Challenging the Provision of Accessibility in PublicTransportation Services for Service Users with Needs Especially "Organizers of public transportationservices must carry out services for users of special needs services". The problem and purpose to be discussedin this thesis is to find out the form of fulfillment of rights for persons with disabilities as people who use theservices of the Dumai-Rupat RORO vessel.This type of research is sociological, because in this study the author immediately conductedresearch on the location or place under study to provide a complete and clear picture of the problem understudy. This research was conducted at the Riau Province Transportation Agency, PT. ASDP Indonesia FerryDumai-Rupat branch and Dumai-Rupat branch RORO ship. While the population and sample are all partiesrelated to the problems examined in this study, the data sources used, primary data, secondary data andtertiary data, data collection techniques in this study with interviews, questionnaires and literature studies.The results of the study can be concluded that the Department of Transportation of Riau Provinceand PT. ASDP Indonesia Ferry as the manager of the Dumai-Rupat branch of the RORO vessel has not fullyimplemented the consumer rights of persons with disabilities. Special facilities intended for DisabilitySuppressors are not yet available at the port and inside the Dumai-Rupat RORO vessel. With theunavailability of these facilities, consumers with disabilities feel that their rights as consumers are not met bythe Dumai-Rupat branch of the RORO Ship. Suggestions for the Riau Provincial Transportation Agency andPT. ASDP Indonesia Ferry, a branch of Dumai-Rupat in order to be able to better enjoy the rights of personswith disabilities by improving the service and supervision of the Rupai Rupai RORO ship. So that there are norights from consumers with disabilities who are harmed.Keywords: Fulfillment of Rights - Disabled Persons - Service Users - Dumai-Rupat RORO Shi

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