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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 106 Documents
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Search results for , issue "Vol 7, No 1 (2020): Januari - Juni 2020" : 106 Documents clear
PERTANGGUNGJAWABAN PIDANA TERHADAP KELALAIAN ORANG TUA MENGAWASI ANAK YANG MENJADI KORBAN KECELAKAAN LALU LINTAS Meta Permata Sari; Dessy Artina; Erdiansyah Erdiansyah
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

Traffic accidents that often occur are caused by several factors, one of which is negligence, both driver and pedestrian negligence. Accident victims do not know the age from children to adults. Children who are victims of traffic accidents are mostly motivated by the negligence of parents watching their children when they are around the highway that causes children to become victims in traffic accidents.The purpose of this thesis research is first to find out the criminal liability of parents for negligence in supervising children who are victims of traffic accidents, secondly to find out the ideal idea of criminal liability for parental negligence. The type of research the author uses is normative legal research or better known as legal research.From the results of the research problem there are two main things that can be concluded. First, criminal liability for negligence in Article 359 of the Criminal Code does not specifically regulate negligence of parents towards children specifically. Positive law needs to be done about renewal of negligence of parents watching over children who become victims and die. Apart from the driver's mistake, negligence of the parents is a major factor in the traffic accident. Second, the ideal idea of criminal liability in the form of new regulations regarding the responsibilities of parents towards children is discussed in detail so that no more similar cases occur in children. Criminal fines can be applied as punishment to parents. Apart from the grieving parents lost their children's lives and then must be responsible with the criminal fines that must be paid, this aims so that the deterrent effect and the reduction of cases like this against children in the future. Author's suggestion, First, it is hoped that legal reforms need to be carried out so that law enforcement and legal protection are carried out more specifically and specifically so that parents understand their responsibilities towards children who naturally need family protection and supervision, especially parents, not necessarily forgetting their mistakes because of neglect. responsible. Secondly, the increasing number of traffic accidents and one of them is because negligence demands that we carry out a more optimal legal policy for road users both motorists and pedestrians to be more careful and especially for parents who bring their children to pay more attention to their children so that they cannot be separated from surveillance and becoming a victim of an accident.Keywords: Negligence - Responsibility of Parents - Children - Accidents
PENEGAKAN HUKUM TERHADAP PELANGGARAN MUATAN BARANG DI WILAYAH HUKUM KEPOLISIAN RESOR DAIRI Febrianda Raja; Davit Rahmadan; Widia Edorita
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 development of transportation which is relatively very rapid is carried out through transportation technology which is characterized by its main characteristics namely increasing vehicle speed and enlargement of transport capacity. So that all community activities are based on applicable laws, as well as on traffic rules. Traffic is a vital means, because it is directly related to transportation.This thesis, namely; First law enforcement for violations of cargo in the Dairi Resort Police jurisdiction. Secondly, there are obstacles to law enforcement against violations of cargo in the Dairi Resort Police jurisdiction. Third, efforts to overcome obstacles to the cargo cargo in the Dairi Resort Police jurisdiction.This research is classified in the type of sociological research, which examines certain legal phenomena by analyzing them, then seeking a solution to the problems that arise in the phenomena concerned. This research was conducted at the Dairi Resort Police, namely the Dairi Resort Police Traffic Unit and the Dairi District Transportation Agency. Meanwhile, the population and sample are all parties related to the problem examined in this study. Data sources used are primary data, secondary data and tertiary data, as well as data collection techniques in this study by observation, interview, submitting a list of questions and document studies.From the results of the study it can be concluded that the Lawsuits Against Offloading of Goods Overloaded in the Dairi Resort Police jurisdiction is still not going well because the legal process does not match the legal process in force by the Dairi Resort Police apparatus. Inhibiting factors occur criminal acts of violation of the cargo of goods, namely internal and external factors that are interrelated in supporting the occurrence of criminal acts of violation of the cargo of goods.Keywords : Law Enforcement – Violations - Cargo
PENYELESAIAN SENGKETA PERJANJIAN KERJASAMA ANTARA PT. SAFARI RIAU DENGAN KOPERASI TERANTANG JAYA MANDIRI DESA TERANTANG MANUK KECAMATAN PANGKALAN KURAS KABUPATEN PELALAWAN Tengku Indira Larasati; Zulfikar Jaya Kusuma; 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 government in the context of plantation management has directed its attention to increase the productivity of plantation management through partnership patterns. People who have low education who as a whole do not understand what and how the pattern of partnerships and lack of understanding in legal and management knowledge do not rule out the possibility of causing irregularities in a partnership agreement for the benefit of the core company, as happened at PT. Riau Safari. PT. Safari Riau as a partner of oil palm farmers should build a reciprocal relationship as a mutually beneficial partner. The partnership agreement that should have been mutually beneficial in the development cooperation and management of oil palm plantations caused polemic problems that resulted in a dispute between PT. Safari Riau and Koperasi Terantang Jaya Mandiri.This study aims to determine the rights and obligations of a cooperation agreement between PT. Safari Riau and the Koperasi Terantang Jaya Mandiri and the resolution of the dispute in the development and management of palm oil in Terantang Manuk Village, Pangkalan Kuras District. This research is an analytical descriptive empirical study. Data collection techniques carried out using primary data and secondary data. The results showed that 1) Rights and obligations of PT. Safari Riau and Koperasi Terantang Jaya Mandiri in the Palm Oil Development and Management Cooperation Agreement in the Terantang Manuk Village in Pangkalan Kuras Subdistrict, namely the company's rights as a manager and to finance the development and management of oil palm on the land of Kop-TJM members by providing experts for the development and management of plsama and providing technical guidance and job training to all workers and members. Kop-TJM is required to repay loans and will not sell or transfer ownership rights to plasma plantations without company approval. The rights of Kop-TJM members are obtained from the FFB sales revenue distributed monthly based on a percentage of FFB sales revenue. 2) Settlement of Disputes between PT. Safari Riau with the Terantang Jaya Mandiri Cooperative in the Development and Management of Palm Oil in the Terantang Manuk Village, Pangkalan Kuras District has been carried out through several stages, namely the stages of negotiation, conciliation and mediation. PT. Safari Riau with the Koperasi Terantang Jaya Mandiri in the Development and Management of Palm Oil in the Terantang Manuk Village, Pangkalan Kuras District continued until the court's verdict.Keywords: Settlement of Disputes - Cooperation Agreements – Cooperatives
IMPLEMENTASI MEDIASI PENAL TERHADAP TINDAK PIDANA PENIPUAN DI KEPOLISIAN RESOR KAMPAR Dian Oktami; Mexsasai Indra; Mukhlis R
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

In everyday life humans are often faced with an urgent need, to fulfill it, often carried out without careful thought such things will have a negative effect that is not balanced with a life of good value. To restore a good life, a responsibility of the perpetrators is needed in the form of a delegation of a sense of community discomfort that can be felt as well as the suffering or loss experienced. Delegation is carried out by an individual or group of people authorized for it as an assignment given by the community to him. Meanwhile, for the recipient of an abundance in taking responsibility for his actions, it is in the form of punishment which is called criminal and lately there are often changes in Indonesian society that are then known with a moral crisis that is one form of crime that is still very common in society, namely fraud, in positive Indonesian law the principle of criminal cases cannot be resolved outside the court, although in certain cases it is possible to settle cases outside the court. However, law enforcement practices in Indonesia are often also criminal cases resolved outside the court through the discretion of law enforcement officials, peace mechanisms, adat institutions and so on.This research is a type of sociological legal research, which is research that wants to see the unity between law and society with the gap between das solen and das sein. The study was conducted at the Kampar Resort Police because the authors describe how the Implemantation of Penal Mediation Against Fraud Crimes in the Kampar Resort Police, this location was chosen because many Fraudulent Crime cases were Penal Mediation but were not suitable for mediation, and did not filter out the appropriate cases for Mediation and which is inappropriate for Mediation.The results of the research conducted by the author are, it is expected that the implementation of the application of mediation of the penal that is in accordance with the punishment of the perpetrators of fraud in Kampar resort police in relation to the integrated criminal justice system and also this restorative justice so that the perpetrators of the criminal acts of fraud have a sense of effect to him so that in the future the perpetrators will not commit fraud again.Keywords: Crime, Fraud, Penal Mediation
TINJAUAN YURIDIS PENGAWASAN SARANA TAPPING BOX SEBAGAI WUJUD IMPLEMENTASI PERATURAN DAERAH NOMOR 6 TAHUN 2018 PERUBAHAN ATAS PERATURAN DAERAHNOMOR 6 TAHUN 2011 TENTANG PAJAK RESTORAN DI KOTA PEKANBARU Aulia Maharani; Emilda Firdaus; Widia Edorita
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 implementation of restaurant tax is regulated in regional regulation No. 6 of 2018 amendment to regional regulation No. 6 of 2011 concerning restaurant tax in Pekanbaru city. In article 24 paragraph 1 it is mentioned in the supervision, the mayor or appointed official can determine personnel and or equipment, both manual and computerized systems in every restaurant tax object. Tapping box is a tool supporting the transparency of tax payments by restaurant taxpayers. But in the field there are still many business actors who do not pay taxes and do not know what and how to use tapping boxes. Therefore, it is necessary to study in a stimulant. First, the effectiveness of the use of obedience monitoring facilities for restaurant taxpayers in Pekanbaru City, second, obstacles in supervision conducted by the Pekanbaru City governmenton regional regulation number 6 year 2018 restaurant, Third, future supervision by the government Pekanbaru City against regional regulation number 6 of 2018 amendment to regional regulation no. 6 of 2011 regarding restaurant tax in Pekanbaru City.This research is a sociological legal research, because it is based on field research that is by collecting data from interview, questionnaires, and literature studies that discuss research that will help support primary, secondary and tertiary data. This study uses qualitative data analysis and produces descripitive data.From the result of the study, it was concluded that, first, the implementation of regional regulation number 6 of 2018 amendment to regional regulation number 6 of 2011 has not been running opyimally, has been carried out even distribution using tapping box in every restaurant, second, download the field talks Bapenda in the needs of taxpayers so, many businesses are paid in the form of taxes. Third, future improvements are in the form of socialization assistance, optimization of supervision and sanctions for non-compliant taxpayers. The authors suggestion is, first, to make effective use of the tapping box, second, to take advantage of the supervison of restaurant tax collection, third, are discussion of the effectiveness of the tapping box in the regional regulation specifically restaurant tax.Keywords: local regulation- controlling- restaurant tax
EKSISTENSI HUKUM ADAT DALAM MENYELESAIKAN KEKERASAAN DALAM RUMAH TANGGA DI DESA PINJAUAN KANAGARIAN PILUBANG KECAMATAN SUNGAI LIMAU KABUPATEN PADANG PARIAMAN Putri Asri Sri Rahayu; Erdianto Effendi; Mukhlis R
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

Indonesia is a state of law (rechstaat) where the legal provisions rely or are guided by the Pancasila and the 1945 Constitution, as a rule they must not conflict with higher laws because they apply nationally. But in social life besides national law, there are also laws that grow and develop in society, where the law is born from the habits or attitudes and behavior of the people themselves who are often referred to as habits. This custom or habit will develop into a provision called adat law. That customary law still lives in each region. Particularly in the Penagarian Village of Pilubang Village, Sungai Limau Subdistrict, Padang Pariaman District, customary law still exists used by the community in resolving criminal acts of domestic violence. For this reason, the writer is interested in conducting research as a scientific work in the form of a thesis with the title "Existence of Customary Laws in Resolving Domestic Violence in the Kanagarian Pilubang Village, Sungai Limau District, Padang Pariaman District".The purpose of this study is to find out: first how the implementation of settlement of domestic violence in the village of Pubang Kanagarian Pilubang District Sungai Limau. second, how are the obstacles faced in resolving domestic violence in the village of Pubang Kanagarian Pilubang, Sungai Limau District. In this study the author uses empirical (sociological) juridical writing methods, namely an approach to the problem by looking at the applicable legal norms, connected with the facts in the problems encountered.From the results of the study it can be concluded that. Settlement of domestic violence in the Pilubang Kanagarian Village is a preparation, determining the day and date, as well as the location of the traditional session to be held, deliberation to decide the domestic violence case, giving advice by traditional leaders and religious leaders, paying the agreed fines. The constraints faced in resolving domestic violence in Desa Pinjauan are self factors, law enforcement factors, community factors, cultural factors.Keywords: Existence-Customary Law-Domestic Violence

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