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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 106 Documents
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Search results for , issue "Vol 7, No 1 (2020): Januari - Juni 2020" : 106 Documents clear
PERLINDUNGAN HUKUM BAGI PENYEBAR KONTEN MEDIA SOSIAL YANG MENGANDUNG TINDAK PIDANA Gusti Erlangga JF; Erdianto Effendi; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

This research discusses the Legal Protection of Social Media Content Spreaders that Contain Crimes. Legal protection is an act to protect the interests of legal subjects with the rules or rules that apply to the person to take action that can meet their interests. Based on Article 27 paragraph (3) of the Transaction and Electronic Information Act, hereinafter referred to as ITE, states that it prohibits anyone from deliberately and without the right to distribute and / or transmit and / or make access to Electronic Information and / or Electronic Documents that have an insulting content. and / or defamation. The purpose of writing this thesis, namely; First, to find out Legal Protection for Social Media Content Spreaders Containing Criminal Acts, Second, To find out the ideal settings in providing Legal Protection for Social Media Content Spreaders that Contain Crimes.The type of legal research used by the author is a type of normative research. Normative legal research uses primary data and secondary data. Data collection techniques in this study with library research literature.From the results of this study the authors conclude that legal protection for disseminating social media content that contains criminal acts is seen from the freedom of expression and believes there are still some rights that are violated. The ideal arrangement in providing legal protection for disseminators of social media content that contains criminal acts is not so optimal in Indonesia.Keywords: Content Spreader - Criminal Actions - Legal Protection
PEMENUHAN HAK ANAK ASUH PADA PANTI ASUHAN DI PANTI ASUHAN YATIM AS SIDIQIYAH SIAK Astri Adillah; Hayatul Ismi; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The orphanage is designed to be a temporary shelter that provides protection for the rights of children as representatives of parents in meeting mental and social needs so that they have the opportunity to develop themselves until they reach a mature level of maturity, able to act as individuals and citizens in community life, able to live decent and independent and do not depend on others after leaving the orphanage later. The purpose of writing this thesis, namely; First, To Know the Fulfillment of the Rights of Foster Children at the Orphanage in the Orphanage of Sidiqiyah Siak Orphanage, Second, To Know the Obstacles Faced by the Orphanage of Sidiqiyah Siak Orphanage in Fostering the Rights of Foster Children.This type of research is sociological juridical. Data sources used are primary data, secondary data and tertiary data. Data collection techniques are by questionnaire, interview and literature study. Data analysis uses qualitative data analysis.The results of this study can be drawn several conclusions, First, the fulfillment of the right to shelter, education, food and drink, medication, and compassion have been given. Second, children's rights have not yet been fulfilled the freedom of children to return home, transportation facilities, possession of passbooks and mobile phones, guarantees and routine health services, work skills training, and written rules / discipline / sanctions for the benefit and good of foster children. Third, the obstacles in fulfilling the rights of foster children are more directed to the lack of interest in foster children in the development of skills, manners and character that is not good, as well as the lack of knowledge of the orphanage regarding guidelines for the fulfillment of the rights of foster children in the orphanage. Author's suggestion, that in the future orphanages pay more attention to fulfilling the rights of foster children and motivate foster children to increase awareness of the importance of skills development activities.Keywords: Fulfillment of Rights - Foster Children - Orphanages
REFORMULASI KETENTUAN PASAL40 AYAT 2 UNDANG-UNDANG NOMOR 5 TAHUN 1990TENTANG KONSERVASI SUMBER DAYA ALAM HAYATIDAN EKOSISTEMNYA TERHADAP PELAKU EKSPLOITASI HEWAN DALAM PERSPEKTIFHUKUM PIDANA INDONESIA Rizki Pratama Kaloko; Erdianto Effendi; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

Exploitation of animals in recent times often occur in the territory of Indonesia both from the use to the destruction of these animals. In this case it is explained in Article 33 Paragraph (3) of the 1945 Constitution, which explains that "the earth and water and the natural resources contained therein are controlled by the state and used for the greatest prosperity of the people." But one problem that arises is that if we look at current reality, that the application of sanctions or penalties against the perpetrators of animal exploitation is not running properly, so it does not provide a deterrent effect on the perpetrators. The use of legal remedies, including criminal law as an effort to overcome social problems, including in the field of law enforcement policies.The type of research / approach used by the author is normative legal research, namely library law, because it makes library material as the main focus. In this normative legal research the writer conducts a study of legal systematics carried out by examining the basic understanding of the legal system contained in legislation. Where the author is guided by the provisions in force.From this research, it can be concluded that in terms of implementation related to reformulation in animal exploitation, we need to understand or know about Law Number 5 of 1990 regulating the Conservation of Living Natural Resources and Ecosystems, the utilization of which is carried out wisely to ensure the continuity of its supplies while maintaining and increasing the quality of diversity and its value. Besides that, in terms of the idea of the provisions of Article 40 Paragraph 2 of Law Number 5 of 1990 regulating the Conservation of Biological Resources and their Ecosystems against animal exploiters the need for renewal in the perspective of criminal law certainly cannot be released with the values of life and culture of a nation.Keywords: Reformulation, Animal-Exploiters
Penegakan Hukum Terhadap Pelaku Tindak Pidana Eksploitasi Anak Yang Dijadikan Pengemis Di Wilayah Hukum Kepolisian Resor Kota Pekanbaru Ramayana Ramayana; Emilda Firdaus; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

Children are vulnerable to becoming victims in a crime. One of the crimes against children is the exploitation of children who are made beggars, where children are employed by begging on the streets. In the child protection law, it is clear that there are prohibitions and criminal sanctions against perpetrators who exploit children, but there are still many cases of exploitation of children not followed up by law enforcers. Law enforcers should take firm action against child exploiters who become beggars based on Law Number 35 of 2014 concerning Protection. The author's research objectives are: To find out the law enforcement against the offenders of child exploitation crimes that are used as beggars, and the factors that hinder the law enforcement of the perpetrators of child exploitation crimes that are used as beggars in the Kepolresta Pekanbaru legal area.In this study the authors use the method of sociological legal research that is research that wants to see the correlation between law and society, this study was conducted in the jurisdiction of the Pekanbaru police resort town, while the population and sample are all of the parties related to the problem under study, in this study the data source used are primary data sources, secondary data, and Tertiary Legal Materials, data collection techniques in this paper that is by conducting interviews and library research, and the authors analyze the data using deductive methods namely ways of thinking that draw conclusions from a statement or proposition that is general nature into a statement that is special.From the results of the author's research, it can be concluded that; first, law enforcement against child exploitation perpetrators who are beggars in the Pekanbaru city police jurisdiction is less effective because the perpetrators of child exploitation criminals who are used as beggars never process law. Second, the servant factors faced by the police in upholding the law are the lack of awareness and awareness of the law of the community, factors of law enforcement officials, facilities and infrastructure, culture and morals of the communityKeywords: Law Enforcement - Criminal Acts - Child Exploitation
ANALISIS PENYELESAIAN PEMBIAYAAN MURABAHAH BERMASALAH DI BAITUL MAAL WA TAMWIL BINA SWADAYA DURI KECAMATAN MANDAU KABUPATEN BENGKALIS Retno Nurul Yaumi; Hayatul Ismi; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

A contract of Bai'al Murabahah is the sale and purchase of goods at the original price with additional agreed benefits. A contract is the same as an agreement, that is, a legal act whereby one or more people commit themselves or bind themselves to one or more people. What was realized was an agreement between the customer as the first party and Baitul Maal wa Tamwil (BMT) Bina Swadaya as the second party engaged in the field of microfinance institutions operating based on sharia principles. This agreement includes a cooperation agreement that is classified as a named agreement. Every agreement made by the parties aims to meet the achievements, but in this agreement what happens is a default. The purpose of writing this thesis, namely: first to find out the factors causing murabahah financing problems in BMT Bina Swadaya Duri Mandau District, Bengkalis Regency, second to find out the completion of murabahah problematic financing effectively. This type of research is sociological juridical research. This research was conducted in Baitul Maal wa Tamwil Bina Swadaya which is located in Duri Mandau District, Bengkalis Regency, the data used are primary data, secondary data and data collection techniques in the form of research with interviews and literature review.From the results of the study it can be concluded that, first, the implementation of the contract between the customer and BMT Bina Swadaya was in good faith since the contract was signed. Over time, there are unfulfilled rights and obligations that lead to defaults made by customers to the BMT. As a result of having one of the contents of the agreement that was not fulfilled by the cooperative. Second, the factors causing defaults in this agreement are the economic conditions of customers who are down, natural disasters experienced by the debtor, and the lack of goodwill customers to repay loans. Third, the legal consequences of debtors who have defaulted in this agreement where the debtor is required to repay the loan or pay for the losses suffered by the creditor, where the creditor suffered material losses. Defaults made by the debtor have a negative impact on financial activities in BMT.Keywords: Murabahah-Default-Baitul Maal wat Tamwil
REFORMULASI TERHADAP UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 21 TAHUN 2007 TENTANG PEMBERANTASAN TINDAK PIDANA PERDAGANGAN ORANG BAGI PEMBERIAN HAK RESTITUSI PADA KORBAN TINDAK PIDANA PERDAGANGAN ORANG Dita Febriyanti; Dessy Artina; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

Fulfillment of rights of victims of acts criminal trafficking in persons in Indonesia is an important point in determining whether a country is progressing or not in the framework of social justice for all Indonesian people. The role is not only stated in the 1945 Constitution and Legislation. But more important is the implementation of the application and its implementation. After the enactment of Law Number 21 Year 2007 concerning Eradication of the Criminal Act of Trafficking in Persons is regulated in relation to the rights of victims in the form of compensation called restitution. The concept of liability compensation has also been regulated in important aspects of law enforcement. However, in practice, verdicts on cases of trafficking in persons rarely contain restitution. Reimbursement of costs to victims stated in Article 48 of Law Number 21 Year 2007 concerning the Criminal Act of Trafficking in Persons. However, in reality this right is sometimes not fulfilled on the grounds that from the level of investigation of victims there is no information obtained for example or at the level of prosecution the Public Prosecutor is not able to present evidence related that the loss suffered by the victim and even the court rarely makes decisions related to restitution against victims in Trafficking in Persons. Add moreThe purpose of this study is to find out the weaknesses related to the regulation of the fulfillment of victims' Restitution rights in the case of the Trafficking in Persons under the Law of the Republic of Indonesia Number 21 of 2007 concerning Eradication of the Criminal Act of Trafficking in Persons and determine a new formulation of the Law of the Republic of Indonesia Number 21 Year 2007 concerning the Eradication of Trafficking in Persons for the granting of restitution rights to victims in the case of Trafficking in Persons in the future. The research method used in this research is normative legal research (legal research) or also called library research, that is, research conducted with the normative juridical approach studied is literature or secondary data, and tertiary legal materials in accordance with the discussion of the titleThe problem in terms of weaknesses is why restitution is difficult to apply in the case of Trafficking in Persons, the author believes this is caused by regulations that need to be reformulated in relation to restitution rights, especially in the case of Trafficking in Persons where regulated restitution is formulated by forming a Law The law specifically regulates restitution in it because up to now there are many laws that regulate restitution making overlapping arrangements regarding restitution of victims.Keyword : Reformulation–Restitution Right–Crimina Act of Human Traffiking
PERLINDUNGAN HUKUM TERHADAP ANAK KORBAN EKSPLOITASI SEKSUAL DI KOTA PEKANBARU Sri Indrayani; Emilda Firdaus; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Children are the next generation of the nation and the next generation of development, that is, the generation prepared as subjects for implementing sustainable development and holding the future control of a country, Indonesia is no exception. The protection of Indonesian children means protecting the potential of human resources and building a just and prosperous human being, spiritual material based on the Pancasila and the 1945 Constitution of the Republic of Indonesia. Provision of protection for children as victims of sexual exploitation is to provide security from threats posed by perpetrators or other syndicates and get guidance on the mentality that has been corrupted by the perpetrators. For this reason, the role of the government is needed to prevent and eradicate the crime of sexual exploitation, so that no Indonesian children will be victims of the crime.This type of research can be classified as sociological, because in this study the authors directly conducted research at the location or place under study in order to provide a complete and clear picture of the problem under study. This research was conducted at the Pekanbaru City Police Department, while the population and sample were all parties related to the problem examined in this study, the data source used primary data, secondary data, and tertiary data, data collection techniques in this study with observation, interviews, and literature study.From the results of the study it can be concluded that the rights of children as victims have not been fully fulfilled, in the application of providing legal protection given to children as victims of sexual exploitation there are obstacles or obstacles.Keywords : Protection-Child-Criminal Acts of Sexual Exploitation
PERLINDUNGAN HUKUM TERHADAP PELAPOR DALAM TINDAK PIDANA NARKOTIKA DI KEPOLISIAN RESOR KAMPAR Ahmad Novrian Arsyad; Evi Deliana; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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To effort and eliminate drugs crime in Kampar need some action of the people to report that crime to the Police Department and became a witness. To convincing people to make sure them reported the drugs crime need some real action from the Police side who duty on it to protected them, wich is the protction is really importent because the protection is the only way to convince people society to report. And the witness it self are important component and is a key to reveal every single case of drugs crimes. To push the limit of drugs crime in Kampar as we known is higher level every year need someone to reporting it and to prevent it and ofcially to counter it while the crime is happened. On this thesis the problem appointed is how the police department protecting an informan in Kampar Police Department territory? And what the obstruct factor to protected the informan? The purpose of this research is to know how Kampars Police Deparment protecting the informan oncrimanl dugs caseand to knowing what the obstruct of Kampar Police Departmentin case proecting theinforman on crimanaldrugs case in Kampar. The method of this research is Sociological Law Method. The data that the writer has is the premier and seconds datawich is processed bya kualitatif way. Depend on the research we do on a discuss chapter and the we finally got one conclusion the effort of protecting an informan in Kampar territory Kampar Police Department do two protecion type wich is preventif protection and represif protection. The preventif proection is the protection wich is do by prevent something that can threatening and endanger public order and peace. And then represif protection is wich is failed to do a preventif protection by seeking a prepetator. During a do protecting to an informan founded a obstruct to tha protection wich is : 1. The fasilities to do a protection to an infoman itself. 2. The people. 3. The law enforcer.Keyword: Informan – Criminal – Drugs – Law Protection
PELAKSANAAN PERJANJIAN BANK GARANSI OLEH BANK NAGARI CABANG UTAMA KOTA PADANG DENGAN CV. FEBRIANO MITRA LESTARI TERKAIT WANPRESTASI ATAS PEMBANGUNAN GEDUNG PELAYANAN PERPUSTAKAAN DI KABUPATEN DHAMASRAYA Haniva Rahmadani; Firdaus Firdaus; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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The word warranty comes from the Dutch language, Garantie which means guarantee. Bank guarantee is a guarantee given by the Bank, in the sense that the bank declares a written acknowledgment whose contents agree to bind itself to the recipient of the guarantee within a certain period of time and certain conditions if in the future it turns out that the assured does not fulfill his obligations to the recipient of the guarantee. Implementation of the work may arise defaults carried out by the parties to the agreement. In such circumstances, the provisions which must be fulfilled that arise due to default, namely the possibility of termination of the agreement, compensation or fulfillmentThe purpose of writing this thesis, namely: first, to find out the implementation of the bank guarantee agreement by Bank Nagari with CV. Febriano Sustainable Partners, second, to find out the efforts to resolve defaults made by CV. Febriano Mitra Lestari.This type of research belongs to the type of Sociological Juridical research. According to Sutrisno Hadi, Sociological Juridical research is an effort to determine, develop, and test the truth of knowledge. Efforts are made using scientific methods for the research. This research was conducted and to complete the data source, the authors conducted research on the CV. Febriano Mitra Lestari located in Padang City, the data used are primary data, secondary data and data collection techniques in the form of research with interviews.From the results of this study it can be concluded that, First, To get a Bank Guarantee from Bank Nagari Main Branch Padang, CV first. Febriano Mitra Lestari submits an application in the form of a Bank Guarantee Application Submission Letter to the Nagari Bank of Padang Main Branch with a reply letter of approval from the Bank in the form of a Bank Guarantee Approval Letter (SPPBG) to CV. Febriano Mitra Lestari. Second, the implementation of the Bank Guarantee agreement by Bank Nagari Padang Main Branch with CV. Febriano Mitra Lestari can be carried out with the applicable provisions stipulated by Bank Nagari Padang Main Branch. Third, efforts to settle the defaults carried out by CV.Keywords: Bank Guarantee-Default
TINJAUAN YURIDIS TERHADAP PIDANA UANG PENGGANTI UNTUK PENGEMBALIAN KERUGIAN NEGARA DALAM PUTUSAN PERKARA NOMOR:01/PID.SUS-TPK/2018/PN.PDG Rahmatul Husna; Dessy Artina; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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In the Criminal Act Article 18 paragraph (1) of Law Number 3 of 1999 concerning Eradication of Criminal Acts. In general, there are still many who question the issue of collecting money, one of which is the criminal prosecution of corruption together. The judge dropped the loan of money to the defendant. The purpose of this thesis discussion, namely: First, understand money arrangements for corruption. Second, to find out the juridical decision on spending money on state spending for case decisions Number: 01 / Pid.Sus-TPK / 2018 / PN.Pdg.This type of research is normative legal research. This study is more specific to the principle research on the court's decision by reviewing, analyzing and analyzing various related literature which also discusses interviews with Kasubsi Extraordinary Efforts and Execution of the Special Crimes of the Padang District Attorney.From the results of the research conducted, it can be concluded, First, the criminal arrangement of substitute money is regulated in Article 18 paragraph (1) letter b of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning Eradication of Corruption. The compensation payment mechanism is regulated in the Supreme Court Regulation No. 5 of 2014 concerning Supplementary Criminal Money in Corruption Crime. While the process of billing and convicted person pays for the replacement money, the mechanism for payment of the replacement money is based on the decision of the Attorney General Number: Kep-518 / JA / 11/2001 dated November 1, 2001. the mistake and the role of the defendant so that they have not been able to apply justice, expediency and great proportionality to the community or to the defendant, in accordance with the objectives of the conviction.Author's Suggestions, First, the Judge should consider the facts that have been revealed in court so as to provide justice by providing appropriate and proportionate sanctions to the accused to provide justice for the perpetrators and victims. Second, in imposing a criminal sentence on the defendant, the Judge should pay attention to the benefits of the criminal sanction.Keywords: Judicial Review-Criminal Replacement Money

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