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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
IMPLIKASI YURIDIS PERJANJIAN PERBATASAN MARITIM AUSTRALIA DAN TIMOR LESTE TAHUN 2018 TERHADAP BATAS WILAYAH LAUT INDONESIA DAN AUSTRALIA TAHUN 1972 Utami, Retno Tri; Deliana, Evi; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Indonesia as a sovereign country cannot escape from international legal joints, even to define and establish something that is a symbol of the sovereignty of the country, territory or Sea also known as as the sea area is the closest zone from the coast is entirely subject to the sovereignty of coastal States, the basis of enactment of sovereignty as the supreme power of the State is limited by the territory of the country, so that the State has the power the highest within the limits of its territory.This research uses the normative legal research typology, which more specifically discusses the principles of law. In this study the author uses descriptive research properties, because the author describes the fact that examined by the researchers of borderline related maritime region Sea Treaty indonesia Australia and East Timor against the territorial boundaries of the sea Indonesia And Australia of the year 1972, the results of the research conducted was the author of, first, what happened in Indonesia and Australia Agreement does not reflect a country's sovereignty have equality. on its implementation should Australia respects the Treaty with indonesia accompanied by consideration of the provisions of article 51 unclos. Second, what happened in Australia-East Timor-Indonesia does not reflect a country's sovereignty have equality. The territorial area for coastal States is the subject of a very important restriction that the absence of rights for other States. When reviewing the context of the implementation of this agreement, then East Timor, on the implementation of East Timor-Australia should respect the content of the Covenant of Indonesia and Australia of the year 1972.Keyword : Agreement-Sea Borders-Sovereignty
Reformulasi Sanksi Tindak Pidana Perzinaan Dalam Pembaharuan Hukum Pidana Indonesia Syawitri, Dissa Mutiara; Deliana, Evi; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Article 248 of the Criminal Code has a very low sentence. Is an action that can be done by a man orwoman, one of whom is married and is a complaint offense that can only be complained of by the victim'shusband or wife. Most of the revisions to the adultery article were against the approved conviction and wereagainst the community. Article 284 imprisonment is only nine months imprisonment in article 484 the PenalCode draft is five years in prison. With a low sentence makes the perpetrators of criminal acts do not use adeterrent and this adultery article rarely appears while the impact of adultery can lead to crimes such asabortion, domestic violence, and the impact of hernia. The purpose of discussing this thesis, namely; First,To Understand Lawsuits in Indonesia. Second, to find out the renewal of criminal sanctions for adultery inthe renewal of Indonesian law.This type of research used in this legal research is normative juridical method, this research isdescriptive, which is a study that discusses the topics described and detailed. Source of data used secondarydata and tertiary legal materials. The technique of collecting data in this study is the literature reviewmethod after the data collected is then analyzed to draw conclusions.From the results of research and discussion it can be concluded that, First, the act of adultery hasreleased norms / values of decency and is in conflict with all religions in Indonesia. Second, let us discussthe follow-up of adultery which can be adjusted to the development of the community and their respectiveregions so that it does not occur due to criminalization.Keywords: Reformulation-Sanctions-Adultery-Criminal Law
PERLINDUNGAN HUKUM TERHADAP SOPIR JASA EKSPEDISI YANG BEKERJA PADA PERUSAHAAN CV(COMMANDITAIRE VENNOOTSCHAP) DI KOTA DUMAI Rahma, Waliyul; Deliana, Evi; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Legal protection of labor is undertaken to ensure harmonious employment withoutany pressure from other stronger party. In Act Number 13 of 2003 on Manpower,there is a normative guarantee of the rights of the wholesale workers but is notimplementation and difficult to implement which in the reality there are stilloffenses that occured while the law enforcement was unclear, the scope of workwhich the legal protections still unclear is to the driver of the expedition service in the city of Dumai. The problems in this study were formulated: (1) How is the legal form of the driver of the expedition service in the city of Dumai? (2) What is the inhibiting factor for legal protection for expedition service drivers in the city of Dumai?.This research was conducted through sociologis and empirical approach withprimary data, secondary data and tertiary data, which each data obtained fromlibrary research and field. Qualitative design was applied in this research toanalyse the data.Implementation of legislation that exists or runs is still far from what is expected, for this reason the supervision of the supervisor of the authorized agency is expected to work optimally so that protection for workers and is achieved according to its objectives.Keywords: Legal Protection, Employment, Expedition Services Driver, Company
PERLINDUNGAN HUKUM TERHADAP AHLI YANG MEMBERIKAN KETERANGAN DI PENGADILAN Dayu Dawana; Erdianto Effendi; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Protection is all efforts to fulfill rights and provide assistance to provide security to witnesses and / or victims that must be carried out by LPSK or other institutions in accordance with the provisions of Law No. 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection Witness and Victim. Legal protection as a description and function of law is the concept where the law can provide justice, order, certainty, usefulness and peace. One of the legal pieces of evidence in the criminal justice process is expert statements. The role of experts in the trial is to provide information in accordance with their expertise in order to make light of a case. However, what is happening right now is that there are efforts to prosecute experts who have provided information in the resolution of criminal cases. The problem raised in this study is how the legal protection of experts who provide information in court.The research conducted is normative legal research. Sources and types of data obtained from secondary data obtained from various library studies and legislation, books, literature relating to the problem of this research.In the research results there are two main problems that can be concluded. First, in providing preventive legal protection regulations made to protect experts to avoid threats when providing information, when examining criminal cases, experts feel safe, without pressure from any party, and experts are also free to provide information before law enforcement officials without any elements. coercion. Second, protection regarding expert statements in the future needs to be reaffirmed in the relevant laws and provide legal certainty for an expert providing information in criminal cases.Suggestions in this paper so that the legal protection of experts in the examination of criminal cases runs well relating to the rights obtained more expanded, protection must also be given without having an expert ask for protection and also provide legal certaintyKeywords: Legal, Protection, Experts, Courts
Analisis Yuridis Tindak Pidana Perzinaan Berdasarkan Pasal 284 Kitab Undang-Undang Hukum Pidana Dalam Perspektif Hukum Pidana Dan Hukum Pidana Islam Yudhistira Nugraha; Dessy Artina; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Pancasila as the basis, ideology, and philosophy of the nation consists of five precepts, the first andforemost precepts are the precepts of the One Godhead. the interpretation of Article 29 paragraph (1) of the1945 Constitution has six interpretations, three of which include the formation of law in Indonesia, everystatutory regulation in Indonesia must not conflict with Islamic law for Muslims including the inheritance ofthe Criminal Code (KUHP) The Netherlands contained in Article 284 of the Criminal Code concerningAdultery Crimes is contrary to the teachings of Islam. This study entitled "Juridical Analysis of AdulteryCrimes Based on Article 284 of the Criminal Code in the Perspective of Criminal Law and Islamic CriminalLaw. Having the formulation of the problem What is the crime of adultery in the perspective of CriminalLaw and Islamic Criminal Law, What are the weaknesses of the formulation of Article 284 of the PenalCode concerning criminal acts of adultery? Islamic Criminal Law and Pancasila.The method in this study is normative legal research or the literature includes research on legalprinciples, legal systematics, vertical and horizontal synchronization, legal comparison, and legal history.In this case, the researcher discusses the comparison of laws, the comparison aims to provide knowledgeabout the similarities and differences between various fields of legal governance and basic understanding.Have conclusions. First, the regulation of criminal acts of adultery in criminal law is clearly not inaccordance with the life of the community and the order of the scope of the law in the social life of thecommunity at this time, or in other words not in accordance with the values of the Pancasila. second, theweaknesses contained in Article 284 of the Criminal Code, the problem generally lies in imprisonmentsanctions that are so light that only 9 (nine) months imprisonment for the perpetrators of zina crime. Third,imprisonment sanctions and fine criminal sanctions in the 2018 Criminal Code Bill look so light. So thatwhat we know is the criminal sanctions fined in the 2018 Criminal Code Bill, is not enough to seizeindependence from criminal offenders.The author's suggestion, first, needs to be transformed Islamic legal values and values in Pancasila asessentially the State of Law, into the formulation of zina offenses and criminal sanctions in the framework ofconstructing thoughts on Article 284 concerning zina crime in renewing criminal law in the context ofcriminal law policy . Second, public awareness of the most important and main laws in dealing with zinacrimes, if not regulated in the Criminal Code, the public must know that criminal acts of adultery areregulated and strictly prohibited in Islamic law. Third, the State must immediately design and accelerate thesteps, in the drafting of the Laws and Regulations on the Criminal Code (KUHP Bill) which Indonesianpeople aspire to.Keywords : Crime - Adultery - Criminal Law - Islamic Criminal Law
SANKSI ADAT TERHADAP PERKAWINAN SESAMA ANAK TIRI DI NAGARI CANDUANG KOTO LAWEH KABUPATEN AGAM SUMATERA BARAT Ory Kartika; Zulfikar Jaya Kusuma; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Marriage is an inner bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family or household based on the Godhead. Not all marriages can be held even though the marriage has met the harmonious terms and conditions specified. Just as the marriage that took place in Nagari Canduang Koto Laweh is done by a fellow stepchild or stepbrother where the marriage is prohibited by the customs prevailing in Nagari Canduang Koto Laweh.Some of the issues that will be discussed in this thesis are: First, how the Minangkabau customary law regulates the marriage of stepchildren and the development of marital institutions. Second, how are the traditional sanctions on the marriage of fellow stepchildren in Nagari Canduang Koto Laweh, Agam Regency, West Sumatra. The type of research used is sociological research in the form of research on legal identification (unwritten law).Based on the results of this study it can be concluded that: First, the Minangkabau customary law which applies in the Canduang Koto Laweh village does not allow the marriage of fellow stepchildren because it has not happened before and is usually done by the people in Canduang nagari. Secondly, Niniak Mamak and the local community provide some sanctions to those who carry out the marriage because they have violated the prevailing customs.The advice that can be given is that in the future there will be no more traditional violations such as the marriage of fellow stepchildren or marriages made with stepbrothers in Nagari Canduang Koto Laweh so that the customs in Nagari Canduang remain upheld by the people in Nagari Canduang and sanctions are given explicitly to those who violate adat so that they are not imitated by other communities.Keywords: Customary Sanctions, Stepchild Marriage, Nagari Canduang Koto Laweh
ANALISIS HUKUM YURISDIKSI MAHKAMAH PIDANA INTERNASIONAL DALAM PENYELESAIAN KASUS KEJAHATAN GENOSIDA DI MYANMAR MENURUT STATUTA ROMA Adawiyah, Arraudatul; Deliana, Evi; Erdiansyah, Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Jurisdiction is the authority possessed by the court in acting based on applicable provisionsregarding duties, functions, and objectives. The International Criminal Court has four types ofjurisdiction, namely: personal jurisdiction, criminal jurisdiction, Temporal jurisdiction, Territorialjurisdiction. as stated in the Rome Statute. Crime of genocide is one of the crimes contained in criminaljurisdiction and after this study that the events and problems that occur or experienced by RohingyaMuslims in Myanmar are crimes of genocide the elements of crime of genocide have been fulfilled. Themechanism in the Rome statute that can be taken to resolve cases of genocide crimes in Myanmar is thatthe jurisdiction of the International Criminal Court is applied at the initiative of the UN Security Councilagainst non-Parties to the Rome Statute 1998, based on Article 13 (b) of the Rome Statute 1998, keepingin mind the specified assignment in Part VII (Chapter VII) of the Charter of the United Nations (UNCharter) as the guardian of security and peace in personal, temporal and criminal jurisdiction held bythe international criminal court.The writing of this thesis uses normative legal research methods with library research, namelyby examining library materials or secondary data in the form of primary legal materials, namely relatedregulations, secondary legal materials, namely related documents and tertiary law. which is anindication of primary and secondary legal material. Secondary data that has been compiled is thenanalyzed using qualitative methods to obtain conclusions. From the results of research on the problem ofthe Jurisdiction of the International Criminal Court in solving cases of genocide crimes in Myanmaraccording to the Rome Statute.Which is an obstacle to the international criminal court in solvinggenocide crimes that occur in Myanmar, because there is one jurisdiction Court that is not fulfilled isterritorial jurisdiction. The Myanmar state is not a member of the Rome statute, does not ratify the Romestatute, nor does it make a declaration on the Rome statute. This is the reason for the lack of certaintyand legal justice obtained by Rohingya Muslims in Myanmar.Keywords: Jurisdiction, International Criminal Court, Genocide, Myanmar.
PELINDUNGAN PETUGAS MEDIS DAN KEMANUSIAAN DALAM KONFLIK BERSENJATA BERDASARKAN GENEVA CONVENTION FOR THE AMELIORATION OF THE CONDITION OF THE WOUNDED AND SICK IN ARMED FORCES IN THE FIELD OF 12 AUGUST 1949 (KONVENSI JENEWA I TAHUN 1949) Dwianto, Aditiya Rizki; Deliana, Evi; Putri, Adi Tiara
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Definitively, war / armed conflict is the highest condition of a form of conflict between people. As a result of armed conflict in several studies mention that in humans there is an instinct to injure or attack, so it takes the limitations and regulations regarding the laws of war or what is known today is humanitarian law. the main purpose of humanitarian law is to provide protection to those who suffer / become victims of war, both those who are actually / actively participating in hostilities (combatants) or not participating in hostilities (civilians / non-combatants), including medical officers and volunteers humanity. In fact, the protection of medical personnel and humanitarian volunteers in an armed conflict or war is very difficult to guarantee and implement in an ideal and consistent manner in accordance with the provisions of the law. Whereas medical workers and humanitarian volunteers should have guaranteed protection.This research uses the typology of normative legal research, which more specifically discusses the principles of law. In this study the authors use the nature of descriptive research, because the authors describe the protection under the Geneva Convention of the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August 1949 (Geneva Convention I of 1949) in protecting Medical Officers during Conflict Armed. The results of the research conducted by the author are, firstly the position as medical and humanitarian officers in armed conflict is included in non-combatants. The position of medical and humanitarian officers has been protected by the Geneva Conventions. Geneva law protects medical personnel and humanitarian volunteers in all circumstances, but in return, they must also be neutral. Second, the form of protection for medical officers and humanitarian volunteers is something that is considered a general rule in war. Third, based on the National Mechanism According to the Geneva Conventions of 1949 and the Additional Protocol of 1977, namely the enforcement of Humanitarian Law which is implemented based on a national judicial process. That is, if there is a case of violation of humanitarian law, the perpetrator will be prosecuted and punished based on national legislation and by using the relevant national justice mechanism. Based on the International Criminal Court, which can only be implemented if it turns out a country is unwilling and unable (Unwilling and Unable) to prosecute crimes that fall within the scope of the competence of the International Criminal Court.Keywords: Protection - Medical Officers - Humanitarian Volunteers – Armed Conflict - Geneva Convention.
PENYELESAIAN TINDAK PIDANA PENGANIAYAAN MELALUI MEDIASI PENAL BERDASARKAN HUKUM ADAT MELAYU DI DESA KUNTU KECAMATAN KAMPAR KIRI KABUPATEN KAMPAR RINANDA, RIFAN; Artina, Dessy; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Penal mediation is known in the criminal justice system in Indonesia due to the thought associated with the ideas of reforming criminal law (penal reform), and is associated with the problem of pragmatism or legal rigidity in answering the problems that exist in society. The background of pragmatism is to reduce the stagnation or accumulation of cases. The reasoning mediation is the restorative justice process in criminal law which is carried out by mediating between the perpetrator and the victim with a purpose. In the perspective of legal sociology and culture-oriented, people in Indonesia in general, especially in Gorontalo District have a conflict resolution mechanism based on customs which always puts forward problem solving together with the aim to improve or harmonize with the way of the conference that is to bring the perpetrators and victims together. family of both parties and community leaders.This type of research can be classified in the type of sociological legal research (empirical), because in this study the author immediately 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 carried out in the Riau Regional Police jurisdiction, while the population and samples were the Riau Regional Police, Investigators of the Riau Regional Police and Actors of Narcotics. The data sources used are primary data, and secondary data. Data collection techniques in this study were interviews, questionnaires, and literature review.The conclusions that can be obtained from the results of the study are: First, an active representative from Babinkamtibmas is needed to create safe conditions and provide understanding to the public about the needs of safe conditions. Secondly, in order that legislators must also look at the laws that live within the community so that they do not overlap at the level of implementation Third, important factors and constraints namely that legislators must also socialize programs and laws for the community.Keywords: Penal Mediation, Melayu Customary Law, Criminal Acts of Abuse.
ANALISIS YURIDIS TERHADAP PENYALAHGUNAAN APLIKASI MEDIA KOMUNIKASI YANG MENGAKIBATKAN TERJADINYA TINDAK PIDANA PORNOGRAFI Fajri, Muhammad; Artina, Dessy; Erdiansyah, Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Globalization has been the driver of the birth of the era of information technology development. Therise of deviant behavior among children and adolescents of this country is a concern, among adolescents,for example the phenomenon of pre-marital sexual relations which negates the noble marriage institution,its development has been rapid lately. Criminals see the characteristics of the internet as an opportunity ormeans for them to carry out evil intentions through various actions better known as Cybercrimes. Theenactment of the Electronic Information and Transaction Law or abbreviated as ITE in the cyber world,even though it has been regulated, but it is still difficult to enforce. The object of pornography according tothe Pornography Law) is wider than the object of pornography according to the Criminal Code (Book ofCriminal Law. The Criminal Code (Penal Code) states three, namely writing, drawing, and objects.Pornography containing the contents of the sexual abuse must be formed in a form, for example in the formof images, sketches, illustrations, photos, writings, sounds, sounds, moving images, animations, cartoons,poems, conversations. In this form, there is an obscene content, after the revision of Law Number 11 Year2008 into Law Number 19 Year 2016 concerning Information and Electronic Transactions containingArticle 45 Paragraph 1. And furthermore concerning Law Number 44 Year 2008 Article 4 Paragraph 1Junto (JO) Article 27 concerning Pornography contains Article 4 Paragraph 1. This research is entitled"Juridical Analysis of the Misuse of Communication Media Applications That Result in the occurrence ofPornographic Crimes. Have formulation of the problem What are the legal consequences of the misuse ofcommunication media applications that result in the occurrence of pornography crimes, What is the legalregulation in preventing the misuse of communication media applications that result in pornography crime.In this study using normative research techniques. So the research technique used in data collectionthrough this method requires an active role for the researcher to read the literature in the literature that hasa correlation with the problems being studied. In the study of the literature that the researchers did to obtainsecondary data was done by exploring written sources, including from related literature books that hadrelevance to research problems that were used as complementary and supporting primary data.The author's suggestion, First, there needs to be legislation that regulates clearly and completelyregarding the provision of pornographic restrictions. Second, limiting access to pornography incommunication media so that it does not become a problem that can lead to criminal acts. Third, improvethe national computer network security system according to international standards. Fourth, educating thelaw related to law enforcement so that it can minimize legal consequences in the future.Keywords: Pornography - Cybercrime - ITE - Media Communication

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