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INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 105 Documents
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Search results for , issue "Vol 6, No 1 (2019): Januari -Juni 2019" : 105 Documents clear
IMPLIKASI PERALIHAN URUSAN PEMERINTAH DAERAH KABUPATEN/KOTA KEPADA PEMERINTAH DAERAH PROVINSI DALAM PENGUSAHAAN PERTAMBANGAN RAKYAT DI SEKTOR PERTAMBANGAN MINERAL LOGAM (EMAS) BERDASARKAN UNDANG - UNDANG NOMOR 23 TAHUN 2014 TENTANG PEMERINTAHAN DAERAH Ocy Ananda Erica; Emilda Firdaus; Zulfikar Jayakusuma
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

After the issuance of National Constitution 23 on 2014 about RegionalGovernment substitute for National Constitution 32 on 2004 about RegionalGovernment it has implications for changes in the authority of the management ofMinerals and Coal based on National Constitution 4 on 2009 about Minerals andCoal, problems arising from transfer of authority from Regency / City to Provinceafter the issuance of National Constitution 23 on 2014 and community miningpermits in the metal mineral (gold) mining sector which is still a polemic of theProvincial Government in carrying out its duties so that disharmony occursbetween the two laws.The purpose of this thesis is to find out the regulation of metal mineralgold mining under National Constitution 23 on 2014 about Regional Governmentto find out the implications of the transition of Regency / City RegionalGovernment affairs to Provincial Governments in the exploitation of communitymining in the metal mineral mining sector (gold) based on National Constitution23 on 2014 about Regional Government.the regulation of mining business was not in accordance with the laws andregulations that governed previously, namely the mining permit so that legaldisharmony occurred between the two laws, the difference being related to theauthority to grant mining permits in the province or district / the city thusinconsistencies towards the dualism of the same law. As well as the transitionalimplications, it requires the Provincial Government to be able to accommodatemining licenses with uncomplicated bureaucracy with the existence of derivativeregulations from National Constitution 23 on 2014 about Regional Government.Keywords: Regional Government, People's Mining, Metal Minerals (Gold)
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA EKSPLOITASI SEKSUAL ANAK DI WILAYAH HUKUM KOTA DUMAI Tamara Aryani Siregar; Emilda Firdaus; 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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Children are the next generation of national ideals, have a strategic role in ensuring the existence of the nation and state and getting protection from parents, family, society, nation and state. But now there are still many problems found in children, one of which is sexual exploitation of children. This is very alarming where there is no strict treatment from the police, law enforcement in the field of sexual exploitation of children is still ineffective in view of the increasing cases of sexual exploitation of children, but they are reluctant to make reports due to public doubts about the police.This research is sociological research which is to see the influence of positive law on people's lives. This research was conducted in the jurisdiction of the Dumai City Resort Police, while the population and sample 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 were carried out through observation, interview and literature review.From the results of the research conducted, it can be concluded, First, preventive and repressive law enforcement. Second, the obstacles faced are internal factors, internal factors such as the number of police personnel, the ability of personnel, the budget of the police institution, limited facilities and infrastructure. The external factor in the form of children is not realizing that he is a victim, fear of not obeying what was ordered by the perpetrators, public distrust of law enforcement, low awareness of the victims and lack of public awareness of the law and problems of sexual exploitation of children. Third, efforts to overcome barriers, namely fixing internal deficiencies, namely by adding personnel and increasing police capabilities by holding training and education on a regular basis, managing finances and adding facilities and infrastructure to existing needs, and fixing external deficiencies, namely providing understanding education towards children that what they do endangers them, restores children's trust through treatment by psychologists, instills a religious sense of fear of sin, restores the community's trust in the police and increases public awareness of the importance of law and the importance of child protectionKeywords: LawEnforcement – Crime - Sexual Exploitation of Children
Perlindungan Hukum Bagi Peserta BPJS Kesehatan Yang Melakukan Pembayaran Premi Melalui Payment Point Online Bank ( PPOB ) di Desa Tanjung Bungo Kecamatan Kampa Oktaviani Aswar; Hayatul Ismi; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Abstract

Health insurance is held with the aim of ensuring that participants receive health care andprotection benefits in meeting basic health needs. But BPJS Health participants in this case manyexperienced complaints because of the late Payment Point Online Bank (PPOB) paying participants'contributions to BPJS Health. The purpose of this essay is: First, the implementation of legal protection forBPJS Health participants who make premium payments through Payment Point Online Bank (PPOB) inTanjung Bungo Village, Kampa Subdistrict, Secondly, constraints and efforts made by BPJS HealthParticipants who make premium payments through Payment Point Online Bank (PPOB) in Tanjung BungoVillage, Kampa District.This type of research is a type of sociological legal research. This research was conducted at thePekanbaru Branch BPJS Health office JL. Tuanku Tambusai Ujung Komp. 20 Ruko No. 6F-10J Ex.Labuhbaru Barat Kec. Umbrella City of Pekanbaru. While the population and sample are the Head ofPublic Communication BPJS, BPJS Health Participants, and PPOB. The data used are primary data,secondary data and tertiary data and data collection techniques are field studies, interviews, and literaturestudies.The results of the problem research are two main things that can be concluded. First, theimplementation of legal protection for BPJS Health participants who make premium payments throughPayment Point Online Bank (PPOB) in Tanjung Bungo Village, Kampa Subdistrict does not work inaccordance with applicable laws and regulations, namely that everyone has the right to get health services,benefits health and protection in meeting basic health have not been fully obtained by participants. Second,the constraints and efforts made in implementing legal protection for BPJS Health participants who makepremium payments through Payment Point Online Bank, the obstacle experienced by the PPOB is the lackof openness and caution in accepting and paying participant contributions and the existence of networkdisruption in terms of deposits to the BPJS Kesehatan, while from the participants there was a lack ofknowledge of participants regarding the rights they should have obtained.Keywords: Legal Protection-BPJS Participants Health-Payment Point Online Bank
PERTANGGUNGJAWABAN PIDANA PARTAI POLITIK SEBAGAI KORPORASI DALAM TINDAK PIDANA PENCUCIAN UANG DARI HASIL TINDAK PIDANA KORUPSI DI INDONESIA Yesi Mutia Dini; Mexsasai Indra; Elmayanti Elmayanti
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

Related to the crime of money laundering committed by political parties, as a legal entity a politicalparty can be held to hold criminal responsibility for what it has done. It can be said that a corporation hascommitted a crime if the criminal offense is carried out by a corporate executive or employee who is stillwithin the scope of his authority, and intra-vires in the sense that it is still in part of the corporation'sintentions and objectives, and acts for corporate purposes. The purpose of this thesis is first to find out howto determine errors in political parties as corporations that commit a crime in the crime of moneylaundering as a result of corruption in Indonesia. Second, to find out the form of criminal liability ofpolitical parties as corporations in criminal acts of money laundering resulting from criminal acts ofcorruption in Indonesia.From the results of the research conducted there are three main things that can be concluded. First,determining the mistakes of the corporation can be done by looking at the intentions or negligence of thepolitical party administrators. This form of error is not individual but is collective and the corporationreceives the benefits of the crime. Therefore, it can be stated that the corporation (political party) is blamed.Second, based on the theory of direct corporate liability and functional actors, corporations can be held tohold criminal liability insofar as it is known to the political party management to commit the crime for andon behalf of the corporation itself (political party). The author's suggestion, First, is expected to the Houseof Representatives and the President to explicitly regulate the criminal responsibility of the corporation bothin the Act on crime of money laundering and corruption. Second, it is hoped that law enforcement officialswill be more courageous in disclosing and taking action against the involvement of political parties in theuse of funds that are sourced or reasonably suspected of money laundering.Keywords: Accountability of Political-Corporations-Corporations-Money Laundering-Corruption Crimes
Penerapan Hukum Adat Dalam Menyelesaikan Tindak Pidana Perzinaan di Desa Teratak Kecamatan Rumbio Jaya Kabupaten Kampar HAMDANI HAMDANI; Erdianto Effendi; Ferawati Ferawati
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

Indonesia is a rule of law where every provision is guided by a nationallegal system, the enactment of national law in society and also the development ofa legal system that derives from the habits in society. This practice is a provisioncalled customary law. In customary law there is no separation between violationsin the field of criminal or civil law. However, customary law only recognizes oneprocedure in terms of prosecution, both for civil and criminal nature.As for the settlement of cases or disputes within the customary lawcommunity, it must be based on the views or role models adopted by theindigenous people themselves. Whereas in this study shows that the settlement ofcustomary law takes into account the process in a family, deliberation betweenthe two parties and prioritizes the restoration of the order of life in the communityso that the creation of harmony within the community itself.Basically, crime is an act that is seen as a deviant act. Completion ofcriminal cases, In addition to completing it before a court, in the Tratak Villagecommunity, there are many cases of crimes that are resolved through customarylaw.This study aims to find out the existence of customary law and sanctionsagainst criminal law offenders and whether the type of sanction is effective as alegal basis in resolving this case.Keywords: State of Law, Customary Law, Customary Sanctions
PertanggungJawaban Pidana Terhadap Dokter Atas Kesalahan Diagnosis Secara OnlinePada Klinik Kecantikan Online Regitamara Delfirani Rosa; Evi Deliana; 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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The percentage of errors diagnosed by doctors to patients in online clinics, it is one of the challengesthat must be faced for advancement in the health sector. A study conducted by the association of trial lawyerof America shows that the percentage of doctors misdiagnosed is as much as two percent of the totalpatients who undergo examinations in the clinic. Patients who are misdiagnosed usually have atypicalsymptoms that make diagnosis more difficult. If a diagnosis error by a doctor occurs, the doctor should orcan be held accountable, because in general everyone is responsible not only for the loss caused by hisactions, but also for losses caused by negligence or inadvertence.The formulation of the problem in this research is, first, how is the online clinic's legal positionbased on the Law of the Republic of Indonesia Number 36 of 2009 concerning Health? second, how is thecriminal responsibility against doctors based on the Law of the Republic of Indonesia Number 29 of 2004concerning Medical Practices?The research is a normative legal reseach. From the results of the problem research there are twomain things that are collected, first, the position of online clinical criminal law in the provision of healthservices is based on the Law of the Republic of Indonesia Number 36 of 2009 concerning Health that everyperson has the right to obtain safe, quality and affordable health services. Second, the accountability ofcriminal law against doctors is based on the Law of the Republic of Indonesia Number 29 of 2004concerning Medical Practices, namely if a doctor commits a mistake made by a doctor or other healthworker which causes damage or disability in the victim's body negligently.Keywords:criminal liability, diagnosis, health services
TANGGUNG JAWAB PELAKU USAHA YANG MENJUAL DAGING TIDAK LAYAK KONSUMSI DI PASAR TRADISIONAL DUPA KOTA PEKANBARU Dita Aprianty; Evi Deliana; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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One type of business actor is a business actor who sells meat, especially in traditional markets. Meat is an animal food that is liked by all levels of society because it tastes delicious and is highly nutritious. consumer trust is often used by businesses by cheating or taking advantage unilaterally, namely providing unworthy consumption of meat from what has been promised to consumers who will buy the meat.the type of research used in writing this law is sociological legal research which is a study of the effectiveness of the law that is in effect or research on legal identification. Whereas if seen from the nature of this research is descriptive. This study uses primary data, namely data obtained from the field through interviews and secondary data, namely data that has been prepared.The results of this study are the way traders carry out consumption and sale of meat that is fit for consumption in accordance with the law is that safe, healthy, whole and halal meat (ASUH) is meat that is expected by all consumers, because from various aspects ASUH chicken meat is guaranteed if consumed by the community.as stipulated in Government Regulation No. 22 of 1983 concerning Veterinary Public Health, it is stipulated that meat that is fit for human consumption must meet the requirements of safe, healthy, whole and halal (ASUH). the responsibility of the business actor who sells meat that is not suitable for consumption in the traditional market of Dupa in Pekanbaru is in accordance with Article 19 paragraph (1) of the Consumer Protection Act which is compensation in the form of refunds or replacement of similar goods and / or services orequal value, or health care and / or compensation that is in accordance with the provisions of the applicable legislation.Keywords: Responsibility, Business Actors, Meat Not Consumption
Tanggung Jawab Perusahaan Terhadap Kehilangan Barang Penumpang Yang Berada Di Dalam Kapal Di Panipahan Kecamatan Pasir Limau Kapas Muhammad Danel; Hayatul Ismi; Dasrol Dasrol
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 study with the title "Corporate Responsibility for Loss of Passenger Goods that Are Inside theShip in Panipahan, Pasir Limau Kapas Sub-District" aims to determine the Company's responsibility forpassenger goods and to know the resolution of goods suffered by passengers. This research includesempirical legal research.The research is to find out the business actors' responsibility for losing luggage of passengers whoare inside the ship, while the research data comes from primary data and secondary data obtained by meansof interviews with the company and related parties. Problems arise where there is a clause in thetransportation document (passenger ticket) which states that the transport company is not responsible forloss or damage during the trip. This is clearly contrary to Article 40 Paragraph (1) of Law Number 17 Year2008 concerning Shipping.The conclusion from the results of this study is that the attitude of discipline in carrying out the rulesof transporters, passengers and the government in order to create safe, comfortable and orderly services, toimprove shipping quality that prioritizes comfort, security and order, transport companies should beresponsible because they have clearly the transport agreement is made between the transport company andthe passenger. The shipping company must also include baggage documents and label the passengerbaggage so that it is not exchanged and easily prove that the transport company must also pay attention tothe Law related to the future in carrying out its business activities in order to advance sea transportationand remain a passenger choice transportation. The transportation company in the future should makecompensation provisions to see the initial agreement between the transport company and the passenger andpay attention to the compensation mechanism that has been regulated in the Act so as not to cause harm topassengers.Keywords: Responsibility, Compensation, Company, Sea Freight, Freight Agreement.
PERLINDUNGAN KONSUMEN TERHADAP PEREDARAN MAINAN ANAK-ANAK YANG MEMBAHAYAKAN DIKOTA PEKANBARU Fazariansyah, Bayu; Ismi, Hayatul; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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As a developing country and island countries such as Indonesiasometimes experience a disruption and obstacles to the smoothness of staterevenues, due to the occurrence of a smuggling crime. It is this form of evil thatimpedes the course of economic development, because a lot of state money is notpicked up by the crime of smuggling. In addition smuggling crime is a latentdanger that threatens the country's economy as well as the survival of a country.As for the purpose of writing this thesis, namely; Firstly, to know the role of CivilServant Investigator of Customs and Excise in handling smuggling case of onionbased on Law number 17 of 2006 concerning Customs in Dumai City Law Area,Second, to know what obstacles are found by Customs Civil Servant Excise inhandling the case of smuggling of shallots in the Dumai City Legal Territory.The type of research is sociological legal research is research that wantto see the correlation between law and society, so as to reveal the effectiveness oflaw enforcement in society. The research was conducted at Dumai City Customsand Excise Inspection and Service Office, while the population and sample werethe whole parties concerned with the problems studied in this study, the datasource used, the primary data and the secondary data, the data collectiontechnique in this study by interview And literature study.From the research result of the problem that the Customs and Excise ofDumai City performs supervision in accordance with Law No. 17 of 2006 onCustoms but on the implementation has not been said maximal because there arestill obstacles of the main things that need attention. First is expected to CivilServant Investigators in realizing their role as law enforcement officers areexpected to always be consistent in handling the act of smuggling of onion interms of Preventif. Therefore it takes better human resources to support theperformance of Customs and Excise, improve the infrastructure facilities ownedby Customs and Excise and increase patrol area to smuggling activities.Secondly, it is also expected to further improve its performance so that smugglingactions can be minimized
PENERAPAN SANKSI PIDANA TERHADAP TELEVISI KABEL YANG TIDAK MEMILIKI IZIN DI KABUPATEN KAMPAR BERDASARKAN UNDANG-UNDANG NOMOR 32 TAHUN 2002 TENTANG PENYIARAN Rayonnita Rayonnita; Mexsasai Indra; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Providing sanctions against cable television companies that do not have broadcast licenses is one of the crimes that harm some other businessmen. Application of legal sanctions for broadcast licenses based on Law Number 32 of 2002 concerning broadcasting licenses in Kampar Regency. Obstacles in law enforcement against broadcasting licenses based on Law Number 32 of 2002 concerning broadcasting permits. Efforts are being made to overcome barriers and law enforcement against broadcasting licenses based on Law Number 32 of 2002 concerning broadcasting licensesThis type of research is Sociological Law research, i.e. research by looking at the effectiveness of the validity of the law in the field other than that in this study the author immediately conducted a research location or place studied to provide a complete and clear picture of the problem under study. This research was conducted at the Krp Polisi Pekanbaru City Resort and the Riau Provincial Indonesian Broadcasting Commission. The population and sample are all parties related to the problem under study. Data sources used are: primary data, secondary data and tertiary data, data collection techniques using interviews and literature review.From the results of this study there are three main problems that can be concluded. First, the application of criminal sanctions against criminal acts of cable television that do not have broadcast licenses in kampar regency, even though the law enforcement process does not work in accordance with the provisions concerning Law Number 32 of 2002 concerning Broadcasting. Secondly, the weaknesses of the Regional Indonesian Broadcasting Commission in giving broadcast licenses due to problems both internally and externally within the organization of the Riau Province KPID relate to the role of the organization independently based on the Law and the decentralization of power related to the Law. Third, Overcoming the weaknesses of the Regional Indonesian Broadcasting Commission (KPID) Process, yes it does the effectiveness of Supervision of all cable television service providers in the region involving the Regional Broadcasting Commission (KPID) of Riau Province, Regional Government, and the Police to provide cable television services not to broadcast which is contrary to Broadcasting standards. The author's advice, First, It is better to apply criminal sanctions in the US to be sanctions only. Second, the dissemination of information by the Regional Indonesian Broadcasting Commission (KPID) on cable television in several districts. Third, make supervision effective for all institutions providing cable television services in the area.

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