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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 258 Documents
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Search results for , issue "Vol 6, No 2 (2019): Juli - Desember 2019" : 258 Documents clear
PELAKSANAAN PEMERIKSAAN SAKSI YANG TIDAK DAPAT DI DENGAR KETERANGANNYA MENURUT PASAL 168 KUHAP DALAM SIDANG DI PENGADILAN NEGERI PEKANBARU Andre Bonar Pardede; Evi Deliana; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Based on Article 183 of the Criminal Procedure Code, The Judge has animportant role in a trial process, namely making a decision in a case byconsidering all available evidence. The system of proof in Indonesia whichadheres to the belief of judges based on at least two legitimate evidences, still hasweaknesses. Witness testimony is one of evidences in a court case in the form of awitness statement regarding a criminal event he heard and experienced byhimself, in accordance with the provisions of Article 1 point 27 of the CriminalProcedure Code. In Article 168 of The Criminal Procedure Code it is explainedthat there are several characteristic of witnesses whose testimony cannot beheard. But in cases of criminal acts as decided in the decision of the PekanbaruDistrict Court Number: 24/Pid.Pra/2017/PN.PBR, Number: 08/Pid.Pra/2017/PN.PBR, the judge presents a witness who cannot be heard or the witness has afamily relationship with the defendant.The purpose of this thesis is: First, to find out the examination of witnessesthat cannot be heard according to Article 168 of the Criminal Procedure Code inthe process of verification at Pekanbaru District Court. Second, to find out thelegal reasons for the judges in using witnesses whose testinomy cannot be heardaccording to Article 168 of the Criminal Procedure Code in the process ofverification in Pekanbaru District Court.This type of research is sociological legal research. From the results ofthe problem research there are two main things that are concluded. First, incarrying out the examination of witness statements that cannot be heard can bemade or there is an exception if it is expressly approved by the public prosecutorand the defendant. Secondly, the legal reason for the judge to use the testimonycannot be heard because of a criminal offense committed in the family sphere.Keywords: Proof – Family Witness – Judge’s Perception
PELAKSANAAN PERJANJIAN SEWA-MENYEWA ANTARA CV BERJAYA MALINDO DENGAN PT BINA DUTA LAKSANA DI PEKANBARU Fadhilah, MHD; Ismi, Hayatul; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Renting is a common thing done by the community and is one form of interaction that is often carriedout. Not infrequently also in practice there are parties who deliberately avoid the implementation of the leaseagreement even in fact some parties fled in order not to carry out the agreements they had previously made.Looking at the contract agreement with Number 15 / SNBT-BMC / February 2016 / February 15, 2016 betweenPT Bina Duta Laksana Pekanbaru and CV Berjaya Malindo (Pekanbaru Pekanbaru Rent Car) as the owner ofthe vehicle, there has been a default from the provisions of Article 1238 Civil Code (Civil Code). Therefore theformulation of this thesis writing problem is: First, how is the implementation of the lease agreement betweenCV Berjaya Malindo and PT Bina Duta Laksana in Pekanbaru. Second is the effort made by CV BerjayaMalindo in the implementation of the lease agreement with PT Bina Duta Laksana?This type of research can be classified in the type of empirical or sociological legal research, because inthis study 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 City of Pekanbaru,especially in the company CV Berjaya Malindo (Jaya Rent Car Pekanbaru) with the company PT Bina DutaLaksana Pekanbaru. Data sources used, namely: primary data, secondary data and tertiary data. The datacollection technique in this study was by observation, interview and literature review.Conclusions from the results of the study, first, The implementation of a vehicle leasing agreementbetween CV Berjaya Malindo and PT Bina Duta Laksana in Pekanbaru is since the agreement of the rentingparty and the lessee regarding the rental price and the leased goods. And the obligations of the parties includedin the lease agreement, as well as the period of implementation and rental prices are up to the parties'agreement. However, the implementation of the vehicle leasing agreement occurred in a default carried out bythe tenant, PT Bina Duta Laksana. Second, the efforts made by those who rent out, namely CV Berjaya Malindoin the implementation of the vehicle leasing agreement, are to issue a Warning Letter or Submission, conductnegotiation or negotiation efforts and collection efforts. The author's suggestion is that the partiesimplementing the vehicle leasing agreement should know well and correctly what are their rights andobligations, and the leasing party must be more careful in carrying out leasing agreements, especially whenconducting a survey of prospective tenants to do with clear and careful to avoid losses.Keywords: Leasing-Default-Company Leasing Agreement
PENAFSIRAN PASAL-PASAL MAKAR TERHADAP KASUS-KASUS POLITIK DI ERA PRESIDEN JOKO WIDODO Syahra Syahra; Erdianto Effendi; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Makar is a form of attack or resistance against a legitimate government with a view to overthrowing the government or opposing a policy that has been determined by breaking the law, either through weapons or other forces or in other ways. In theory, a plot known to the public is a plot shown in a country that can be divided into three parts, namely the plot towards the safety of the President and Vice President, to the territory of the State, as well as to the government. These three actions are regulated in Chapter I of Book II of the Criminal Code on Crimes against State Security, namely Article 104, Article 106, and Article 107.This research uses library research method. This research was conducted by examining the laws, documents and literature relating to the research material. The research approach used in this research is descriptive analysis, which uses research on legal systematics and examines existing norms in criminal law and criminal law regulations, especially the Criminal Code (KUHP) and Law Number 27 of 1999 concerning amendments to the Criminal Code relating to Crimes Against State Security, then the data will be analyzed based on normative-juridical.The results of this study indicate that treason crime is a very dangerous form of crime and is also categorized as a political crime that has characteristics of motives and objectives that are different from ordinary crime and threatened with severe criminal sanctions. a. related to whether the appropriation of the use of Article treason against State security is applied to the suspects is treason offense is an incomplete trial offense related to the security of the State concerning the safety of the president and vice president, rebelling against the legitimate government and sovereignty of the country's territory. b) the allegation of treason committed by police investigators is a form of premium remedium that makes positive law in the Criminal Code as part of protecting the legal interests of the community and the interests of the country's law. In carrying out their role as investigators, the police play an active role in conducting investigations of treason crimes. The police in their role of investigating treason crimes refers to the Criminal Code. Related to the authority of the police to investigate a crime is regulated by the Criminal Procedure Code and the Police Law. In addition, in this case the investigator must understand what is suspected of the suspect in bringing down the treason case. in addition to understanding the offense treason investigators must also be able to prevent the occurrence of a crime of treason.Keywords: Interpretation, Makar Article, Political Case diera President Joko Widodo
ANALISIS YURIDIS TERHADAP PUTUSAN KASASI NOMOR 365K/PID/2012 DAN PUTUSAN PENINJAUAN KEMBALI NOMOR 79PK/PID/2013 TENTANG PERBUATAN YANG KARENA KEALPAAN DOKTER MENYEBABKAN MATINYA ORANG LAIN Harahap, Radar Oloan; Deliana, Evi; Rahmadan, Davit
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Malapraltik is an error that occurs in a medical action, which error isdone accidentally. If an incident occurs the doctor does not do work inaccordance with professional standards and professional operational standardsdue to the condition of the patient who must be taken medical action this will beproblematic if the patient experiences disability and death. Dr. Case example AyuAyu Saseary Prawani, Dr. Hendry Simajuntak and Dr.Hendy Siagian wasconvicted for not acting according to professional standards and standardoperating procedures due to the condition of patients who need help in anemergency. Based on this understanding the author of this thesis formulates twoformulations of the problem, namely: first what is the basis for consideration ofthe judge Cassation Number 365K / Pid / 2012 and consideration of judgesRevisiting Number 79PK / Pid / 2013 in determining the verdict, Secondemergency without giving informed consent to the patient resulting in death.This type of research can be classified in normative juridical research,because this research is conducted by examining secondary data and approachesto law, this normative study examines legal synchronization to reveal reality, tothe extent that certain laws are in a vertical, harmonious manner horizontallywhen it comes to laws that are in the same field. The data sources used are,primary data, secondary data, tertiary data, data collection techniques in thisstudy are normative juridical, the data used is library research.In the results of the discussion in the writing of the thesis is Firstreviewing how the interpretation of the judge in deciding the case andconsideration of the judge Cassation and consideration of the Review of the Caseof Dr. Dewa Ayu Saseary Prawani, Dr. Hendry Simanjuntak and Dr. HendySiagian. Secondly, a review of the Law needs to be made regarding Informedconsent, which is necessary to reduce or eliminate malpractice.Keywords: Medical Malpractice, Forgiveness, Criminal Responsibility,Decision, Legal Certainty
ANALISIS TERHADAP GARIS-GARIS BESAR HALUAN NEGARA SEBAGAI WUJUD PENGUATAN FUNGSI LEMBAGA MAJELIS PERMUSYAWARATAN RAKYAT REPUBLIK INDONESIA Kalista, Dede Putra; Firdaus, Emilda; Artina, Dessy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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The urgency of the re-enactment of the GBHN was triggered due to thedisappointment of many parties related to the development process whose outputand output were not in accordance with what was mandated by the constitution.The development process is seen to be overemphasized on the limited perspectiveof the President or Regional Head elected, resulting in disparities in thedevelopment process in various regions. GBHN is mentioned as a manifestation ofsovereignty that is concrete in terms of its formation process, GBHN is mentionedas strengthening the principles of Check and Balances, GBHN is said to provecapable of realizing more successful, consistent and sustainable nationaldevelopment. The planning of development programs stipulated by the MPR in theGBHN has in fact not been realized systemically. The evaluation of the MPRbefore setting the last GBHN in the transition from the New Order government tothe reform era stated that development during the New Order era was onlyfocused on the economic sector and was not matched by progress in other sectors.Physically visible progress in the economic sector but fundamentally fragilebecause it does not have a clear legal basis, the law is far behind. Thus theassumption that chaos and lack of guidance in development in Indonesia hasactually been answered by the existence of RPJPN as a substitute for GBHN.Keywords: GBHN – Check and Balances – Fundamental Fragile
PENEGAKAN HUKUM TINDAK PIDANA OLEH BADAN PENGAWAS PEMILU PADA PEMILIHAN GUBERNUR DAN WAKIL GUBERNUR RIAU TAHUN 2018 Dinda Anggun Komala Citra; Mexsasai Indra; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Elections are the main means of realizing democracy in a country. The substance of the election isthe voice of the people to form representative institutions and government as state administrators. In theprocess of organizing the elections in 2018 in Riau Province there were still many violations of electioncrimes. The formulation of the problem in this study (i) How is the enforcement of criminal acts by theElection Supervisory Agency in the election of Governor and Deputy Governor of Riau in 2018 (ii) What arethe obstacles and efforts to overcome criminal law enforcement by the Election Supervisory Board in theelection of Riau Governor and Deputy Governor in 2018.This type of research can be classified as sociological, because it is based on how to obtain it fromprimary data sources, namely data obtained directly from the main source. This research was conducted atthe Election Supervisory Body of Riau Province, while the population and sample are all parties related tothe problems examined in this study, data sources used primary data, secondary data, and tertiary data,data collection techniques in this study with interviews , observation and literature study.From the results of the research it can be concluded that Law Enforcement of criminal acts by theElection Supervisory Board in the 2018 Governor and Deputy Governor Election has not run optimallybecause there are still frauds committed by the community and there is no Bawaslu authority in attemptingto call the alleged / reported parties in the process information request and lack of expertise of the RiauProvincial Bawaslu staff in the process of taking information or in the process of extracting informationfrom reporters, witnesses and suspects or reported and short handling times is one of the obstacles in theviolation handling process so that the process has not fulfilled enough strong to determine a violation whilethe handling of violations has almost expired. So that the role of Riau Provincial Election Supervisory Bodycannot work optimally in carrying out its duties and functions in supervising the implementation of regionalhead elections, so that there are still cases of electoral crimes that have not been resolved completely in theelection of Governor and Deputy Governor of Riau in 2018.Keywords: Law Enforcement - Bawaslu - Criminal Act on Election.
TINJAUAN YURIDIS TERHADAP EFISIENSI PERUSAHAAN SEBAGAI ALASAN PEMUTUSAN HUBUNGAN KERJA Abdul Rasyid Lukman Siregar; Hayatul Ismi; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Companies in carrying out their operational activities often deal with economicproblems and market conditions that cause companies to suffer losses so that it is necessaryto take efficiency measures to maintain the continuity of the company's operations. One formof efficiency that is often done by employers is to reduce the number of workers byterminating employment.This research is a Normative legal research, which is a library research thatexplains the principles of law such as applicable laws and regulations and is associated withlegal theories related to the problem under study. This research was conducted to find outhow the concept of termination of employment is regulated in Article 164 Paragraph (3) ofLaw Number 13 of 2003 concerning Employment on the Decision of the Constitutional CourtNumber 11 / PUU-IX / 2011, how to review cases of termination of employment for reasonsof company efficiency, and how legal protection and justice in termination of employment aredue to reasons of company efficiency.The conclusion of this research is, First, the word "efficiency" contained in Article164 Paragraph (3) of Law Number 13 Year 2003 Juncto Decision of the Constitutional CourtNumber 19 / PUU-IX / 2011 cannot be interpreted as a reason for termination ofemployment, however It must be interpreted that termination of employment can be carriedout by the company if the company closes and the closing of the company is as a form ofefficiency, or in other words the entrepreneur performs efficiency by closing the company.Second, the use of Article 164 Paragraph (3) of Law Number 13 Year 2003 as a legal basisfor Termination of Employment for reasons of efficiency without the closure of companybusiness is inappropriate and not of legal certainty. Third, the absence of a provision thatexplicitly prohibits termination of employment due to efficiency reasons in order to maintainthe continuity of company operations results in the absence of certainty that can providelegal protection for workers and employers. Fourth, termination of employment for reasonsof efficiency which aims to maintain the continuity of the company's operations so that it doesnot close is unavoidable and must be seen as a solution that provides benefits for a number ofother employees so that they can continue to work. Efficiency which is used as a reason fortermination of employment will be fair if there is compensation from employers to workersthat are reasonable and balanced. The writer's suggestion on the problem under study is, thegovernment must revise the Manpower Act or make new legislation regarding termination ofemployment in the context of efficiency aimed at maintaining the continuity of the company'soperations.Keywords: Termination of Employment - Efficiency - Employers - Companies - Workers
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENIPUAN DI WILAYAH KOTA TEMBILAHAN KABUPATEN INDRAGIRI HILIR PROVINSI RIAU Irdan Hasan; Erdianto Effendi; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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One form of crime that is still very common in society is fraud. For the unscrupulous, the crime is not so difficult to do. Fraud can be done simply by using good communication skills so that someone can convince others. Crimes in the form of fraud and embezzlement are threatened with criminal sanctions, the enforcement still lacks a deterrent effect on violations, because in criminal law enforcement it is not only sufficient to regulate an act regulated in the law, but it also requires the law enforcement agencies to implement the provisions of the lawThis type of research can be classified in the type of sociological (empirical) legal research, because in this study the authors directly conduct research at the location or place of study in order to provide a complete and clear picture of the problem under study. This research was conducted in the Tembilahan City Region of Indragiri Hilir Regency, Riau Province. The population and sample are the head of the police criminal detective unit in Tembilahan, the Tembilahan police auxiliary investigator, the Chairman of the Tembilahan District Court, Perpetrators of fraud and Victims of fraud. Data sources used are primary data and secondary data.The conclusion that can be obtained from the results of the study is the enforcement of criminal law against fraud in the Tembilahan City Region, Indragiri Hilir Regency, Riau Province, which is still not going well and there are still many frauds that occur. Fraud criminal acts that occur today can be done in various ways from simple to complex. The panel of judges who handed down the conviction verdict referred to the facts of the trial. So that some of the victims were disappointed and judged unfairly against the verdict handed down. The obstacles experienced by criminal law enforcement against fraud in the Tembilahan City Region of Indragiri Hilir Regency, Riau Province consist of law enforcement officers, legal factors and community factors. The factor of law enforcement officers is professional and understanding of fraud that has undergone development. The legal factor is difficult in terms of proof if law enforcement officers are only guided by articles in the Criminal Code. and community factors, namely the community does not fully know and understand various modes of crime, one of which is fraud. Community understanding and knowledge related to the existence of various modes of crime, one of which is fraud.Keywords: Law Enforcement, Criminal Acts, Fraud
PENERAPAN HUKUM ADAT DALAM PENYELESAIAN TINDAK PIDANA PERSETUBUHAN YANG DILAKUKAN OLEH ANAK DI WILAYAH HUKUMKABUPATEN LIMA PULUH KOTA SUMATERA BARAT Wialanda Wiguna; Erdianto Effendi; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Settlement according to customary law in Minangkabau can be done in the Nagari Judiciary in thiscase carried out by Kerapatan Adat Nagari (KAN). KAN is a customary justice body in Minangkabau. Thetask is to resolve the Sako and Pusako disputes according to the provisions as long as the custom applies inthe Nagari, in the form of a peace decision, and also to settle the customary crimes that occur. However, theapplication of customary law in the jurisdiction of District Lima Puluh of West Sumatra City is still not fullyimplemented just because of a marriage ban on my neighbor, even though it is very contrary to the existingsanctions, if there is a case of intercourse, a mandatory sentence is to marry off the parties the problem.The purpose of writing this thesis are: First, To find out the process of resolving customary sexualintercourse criminal acts committed by children in the jurisdiction of Regency Lima Puluh of West SumatraCity Second, To find out the legal consequences that occur if the settlement of sexual intercourse is donethrough customary law in the jurisdiction Regency Lima Puluh City of West Sumatra.This type of research is a sociological juridical research which means an approach by looking interms of legislation and the reality that occurs in the field.From the results of the study concluded, First, the process of resolving the crimes of customary legalintercourse carried out by children in the jurisdiction of District Lima Puluh of West Sumatra City is not yetfully implemented, this is because if there is a ban on marriage to my neighbor so that customary settlementcannot be continued even though it is very contrary to the sanction of customary punishment that alreadyexists, that is if there is a case of intercourse, then the punishment that must be carried out is to marry offthe parties who are in trouble, are expelled from the village, and excommunicated from the community.Secondly, the legal consequences that occur if sexual intercourse is carried out through customary law inthe legal area of the District Lima Puluh of West Sumatra is that it can override criminal sanctions, becausethe customary sanctions imposed with the agreement of the adat authorities, the sanctions have the samevalid force as criminal law in the Criminal Code, because these sanctions are agreements that have beenestablished by previous adat leaders.Keywords: Application of Customary Law, Copulation and Children
PERLINDUNGAN KONSUMEN TERHADAP PELAKU USAHA ROTI KEMASAN YANG TIDAK MEMPUNYAI LABEL KADALUARSA DI KOTA PEKANBARU Ramelan Nazara; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Rapid economic development has resulted in various types and variations of goods and / or services. The marking or labeling is intended so that consumers get correct information about the product. Because the right choice of consumer choice regarding the goods or services needed depends on the truth and responsibility of the information provided by the parties concerned. The need for a product equipped with information is one of the efforts towards consumer protection. Because with that information, consumers can find out the usefulness and from what ingredients the product was made. Provision of information about this product can be carried out by packaged food product traders by providing information on the date, month, and year of expiration on the product packaging in question.The problem that the author makes the basis of this research is how the responsibility of business people for packaged bread that does not have an expired label in the city of Pekanbaru and how the legal certainty of selling packaged bread that does not have an expired label in the city of Pekanbaru. The purpose of this study is to determine the responsibility of packaged bread business actors who do not have an expired label in the city of Pekanbaru and to determine the legal consequences of packaged bread sellers who do not have expired labels in the city of Pekanbaru.This type of research can be classified into empirical or sociological research types, because in this study the authors directly conduct research at the location or place of study in order to provide a complete and clear picture of the problem under study. This research was conducted in Pekanbaru City and the One Stop Investment Office, data sources used were: primary and secondary data, data collection techniques in this study with observation, interviews and literature review. The results of this study are first. The researcher concludes that most business actors found carrying out food products that do not meet administrative requirements are only given a warning and a prohibition to temporarily circulate and orders to withdraw food products from circulation as stated in Government Regulation No.69 of 1999 concerning Food Labels and Advertisements , if they still do not comply or are found to be still circulating food products whose label requirements are still incomplete, then production permit revocation is granted.Secondly, the Food and Drug Supervisory Agency is only following up on food products that violate the label, mostly in the form of warnings, so that it does not deter businesses from always violating the label, by not listing BPOM numbers and not registering their products with BPOM, thus BBPOM only provides a form of reprimand, and for products that have been sold by threatening the safety of consumers such as products that have expired, are given criminal sanctions listed in Article 62 paragraph 1 of Law No. 8 of 1999 concerning Consumer Protection.Keywords: Expiration, Food, Labe

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