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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
PENEGAKAN HUKUM TINDAK PIDANA ILLEGAL LOGGING DI WILAYAH POLISI AIR KABUPATEN BENGKALIS Yani Ochtavia; Emilda Firdaus; 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

Illegal logging is a crime against forest damage in the field of forestry. Illegal logging includes illegal logging in a forest area that is illegal or without permission from the government or the authorities. The crime of illegal logging is regulated in Law No. 18 of 2013 concerning Prevention and Eradication of Forest Destruction. This study raises the problem of illegal logging that does not have a permit from the government. The purpose of this research is, first, to discuss how to enforce illegal logging. Second, what are the obstacles in law enforcement for illegal logging. And third, how to overcome law enforcement for illegal logging. The type of research the author will do is to use the juridical socioligical legal research method. This research method uses primary data that is data obtained directly from the field, and also secondary data, namely library research using primary legal materials secondary legal materials, and tertiary legal materials. The data is then used to describe a problem object in the form of synchronizing the facts that occur with the applicable laws and regulations. The results of the study by the author are first, law enforcement or illegal logging has not proceeded smoothly as it should because of the lack of security and supervision of the apparatus, the imbalance in the number of personnel of law enforcement officers. Second, the obstacle faced by the apparatus in enforcing the law of illegal logging is the lack of facilities and infrastructure owned by the Bengkalis Regency Water Pol. Third, efforts to overcome law enforcement on illegal logging by providing and conducting socialization in every village, conducting routine patrols and conducting raids. Keywords: Law Enforcement, Criminal Acts, Illegal Logging.
PENEGAKAN HUKUM PIDANA TERHADAP PELAKU TAWURAN PELAJAR OLEH POLISI RESOR KOTA PADANG Harisul Huda; Erdianto Effendi; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Seeing the situation and conditions that occur in the city of Padang often brawls between high school students (high school) and or vocational high school (SMK) so that makes researchers interested in reviewing it legally, because these situations and conditions often occur repeatedly. Triggers brawl is usually a sense of revenge, with a high sense of solidarity these students will reciprocate the treatment caused by school students who are considered harmful to a student or defame the school. This paper discusses criminal law enforcement conducted by the Padang District Police against brawlers between students in the Padang City jurisdiction, the obstacles faced by the Padang District Police in carrying out criminal law enforcement efforts against student brawls in the Padang City legal area and efforts made by the Padang City Police in anticipating against student brawlers.The research method is a sociological legal research that is research that wants to see the correlation of law with the community, so that it can reveal the effectiveness of the law in society and identify unwritten laws that apply to the community by jumping directly into the research location. Location of the study in Padang Police, researchers collected data consisting of primary, secondary and tertiary data. Data collection techniques namely questionnaire, interview and literature study. Data analysis was carried out qualitatively and drawing conclusions from the author using deductive thinking methods.The conclusion of this research is that the criminal law enforcement conducted by the Padang District Police against brawl perpetrators between students in the legal area of the City of Padang has not been effectively implemented, while law enforcement can guarantee legal certainty, order and legal protection. The obstacle in upholding criminal law against student brawls in the legal area of Padang City is firstly the lack of adequate means of vehicles to conduct patrols is still very limited, so that the police are still difficult to reach small alleys to monitor conditions that are said to be prone to misbehavior adolescents, secondly the lack of parental supervision of children and thirdly the lack of public trust in law enforcement officials. So that in the future the Padang City government should support the police and the TNI to cooperate in securing and preventing student brawls, so that in the future they can anticipate student brawls in the City of Padang.Keywords: Student - Student Fight - Padang Police Station.
PEMENUHAN UNSUR PIDANA DALAM TINDAK PIDANA PENCEMARAN NAMA BAIK BERDASARKAN UNDANG- UNDANG NOMOR 19 TAHUN 2016 PERUBAHAN ATAS UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK Anita Julianti; Erdianto Effendi; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Defamation criminal acts based on information media and electronic transactions are regulated in Article 27 paragraph (3) of Law Number 19 Year 2016 Amendment to Law Number 11 Year 2008 Regarding Information and Electronic Transactions. Humiliation and / or defamation are criminal acts that often occur polemics in today's society, especially in the field of information technology, which has an important role in the present. But along with this development, problems related to criminal defamation arose with the criminal element problem, which contained several cases of non-fulfillment of criminal defamation elements.This research uses the typology of normative legal research or so-called doctrinal legal research, which is more specifically discusses the principles of law. In this study the authors use the nature of descriptive research, because the authors describe the fulfillment of criminal elements in criminal defamation actions based on Law Number 19 Year 2016 Amendments to Law Number 11 Year 2008 Concerning Information and Electronic Transactions. The results of the research conducted by the author is in determining actions which are categorized as acts against the law, it means that prior formulation of acts that are prohibited by the law must be known, could be threatened with punishment if they contain the full offense when the offense arises is considered offense that is considered to have been fully carried out . In accordance with the formulation in the Law on Information and Electronic Transactions specifically in Article 27 paragraph (3) of Law Number 19 Year 2016 Amendment to Law Number 11 of 2008 Concerning Information and Electronic Transactions. Law Enforcement Officials are expected to understand in detail the fulfillment of the element of criminal defamation so that there is legal certainty and does not cause multiple interpretations Keywords: Criminal Act – Defamation – Information and Electronic Transaction
PERLINDUNGAN EKSPRESI BUDAYA TRADISIONAL MASYARAKAT ADAT MELAYU DI PROVINSI RIAU Tengku Mega Rahmadini; Zulfikar Jaya Kusuma; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Traditional cultural expressions are knowledge, skills and practices that are developed, maintained and passed down from generation to generation in society, which often forms part of the cultural or spiritual identity of that society. At present there is no clear protection and regulation of the potential that comes from traditional knowledge and traditional cultural expressions from both economic and moral aspects so that they can be claimed by foreign parties or commercialized without sharing the benefits to the bearer community. The purpose of this study is to determine the protection of traditional cultural expressions of Malay indigenous peoples in Riau Province, to find out legal and non-legal issues that are obstacles in protecting traditional cultural expressions of Malay indigenous peoples in Riau Province, and to find a way out of the problem of protecting cultural expression traditional Malay traditional community in Riau Province. The type of research or problem approach that will be used in this research is normative juridical, namely research conducted by examining secondary legal material or research based on standard rules that have been recorded is also called library research.Protection of folklore in the Copyright Act has not been effective, the protection is still difficult to implement, because until now the Government Regulation referred to in article 38 paragraph (4) of Law number 28 of 2014, does not yet exist. Legal constraints in protecting the traditional cultural expressions of Riau Province include: regulation of related rights that are ignored, there are no implementing regulations due to the absence of Government Regulation referred to in Law Number 28 of 2014, and the delays in the formation of the Draft Law on Traditional Knowledge and Expression Traditional cultures that have not yet been ratified, non-legal constraints include: indigenous communities that are communalistic and put forward the concept of community, the concept of folklore as intellectual property has not yet been fully accepted by indigenous peoples, and indigenous peoples who do not care about protection efforts. To get world recognition for national cultural heritage, Indonesia must follow the stages and format determined by UNESCO.Keywords: Protection of Folklore, Traditional Cultural Expressions, Indigenous Peoples.
PERLINDUNGAN HUKUM TERHADAP PEMEGANG HAK CIPTA PADA PEMUTARAN FILM DI MOVIE BOX KOTA PEKANBARU Riza Andriani; Evi Deliana; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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The film is a cinematographic copyrighted work and is protected in Article 40 paragraph (1) letter m of Law Number 28 Year 2014 concerning Copyrights, so that other parties who use the economic rights of the creation must obtain the author's permission or any copyright related to Article 9 paragraph (1) and paragraph (2) UUHC. However, in the settlement that occurs against copyright, commercial films are played without the permission of the creator or copyright holder.The purpose of this study is to explain how the legal protection of copyright for films conducted by the film box business and to explain the legal remedies related to efforts to overcome copyright watching movies. Based on the results of the study referred to as copyright for films that get automatic protection from films made based on the agreement made by the creator or copyright holder of the film, they report about their copyrighted work for the Police Investigator and the IPN IPR Ministry of Justice and Human Rights. Efforts made by PPNS HKI Ministry of Law and Human Rights of the Riau Regional Office in an effort to minimize film copyrights are to make internal and external efforts, other than that what can be done by the creator or the copyright holder of the film for the copyrighted works can be done by litigation. With a lawsuit through the court can also be done by non-litigation namely through alternative dispute resolution.Releasing the Ministry of Law and Human Rights of the Riau Regional Office to deal with and minimize the violation of the copyright of the film that is happening now is increasing public awareness about UUHC law by conducting socialization to the entire community. Keywords: Film - Copyright Holder - Media Box - Commercial
PENGARUH KEBIJAKAN RASIONALISASI ANGGARAN TERHADAP PELAKSANAAN APBD PEMERINTAH DAERAH PROVINSI RIAU TAHUN ANGGARAN 2018 Ilham Azhari; Mexsasai Indra; Zulfikar Jayakusuma
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Local government budgets of Riau Province have deficits. The local government of Riau Province assigns budget rationalization policy to the implementation of the regional budget. this research intends to find out impact budget rationalization policy towards the implementation of regional budget and learn any factor causative local government applies budget rationalization policy.This research is sociological law research because it is based on field research using the interview method as primary data supported by library research as secondary data. this study uses qualitative data analysis and produces descriptive data.Conclusions in this research, first are concluded that budget rationalization policy has an impact very influential to Local government department indicative funding ceilings for all department local governments, but not very impactful to Riau province development. second, the factor causative applied factor budget rationalization policy because local revenue that received not according to revenue target.The author's advice is, first, to the regional government of Riau province, please use the budget principles appropriate with the general principles of regional financial. second, within in preparing the budget should more carefully in setting the regional revenue target. because planning is the key to success towards good regional financial governanceKeywords: Impact – Local Government Budget - Deficit
PERTANGGUNGJAWABAN PT. HEROTAMA INDONUSA CABANG SUMATERA BARAT DALAM PELANGGARAN KONTRAK KERJA DENGAN KILANG PANASONIC SYSTEM NETWORKS Gladysha Indahcantika Mazalio; Firdaus Firdaus; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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The concept of the rule of law provides rights and obligations to citizens by the state, one of which is guaranteed by the state is the availability of employment for citizens. This can be seen in Article 28 D Paragraph 2 of the 1945 Constitution which states that everyone has the right to work and to receive fair and appropriate compensation and treatment in an employment relationship. Judging from this article, it states that the state must contribute to guarantee citizens for decent work. To support government policies and programs, the government issues government policies and programs in the placement of Indonesian migrant workers abroad.However, in its implementation a lot of legal violations occurred concerning Indonesian Migrant Workers working abroad, such as violating the law in a work agreement or (default). There are many incidents where Indonesian Migrant Workers who flee while doing work cause many service providers to become victims of losses for mistakes made by Indonesian Migrant Workers.The purpose of writing this thesis, namely; First, knowing the responsibility of PT.Herotama Indonusa for migrant workers who have violated the employment contract with the Panasonic refinery, Second; know the nature of the legal consequences of Indonesian Migrant Workers who violate employment contracts.From the results of the study based on two problem formulations can be concluded, First, In the responsibilities carried out by the company PT. Herotama Indonusa to the Panasonic Refinery, PT. Herotama Indonusa must compensate for actions committed by migrant workers. PT. Herotama also had consequences on the blacklist from the refinery so that this was very detrimental to PT. Herotama Indonusa. Second, the implementation of the legal consequences given to the Migrant Workers should be to impose sanctions in accordance with the contents of the employment contract agreement between the Migrant Worker and PT.Herotama Indonusa Company, but in reality the Migrant Worker does not fulfill the contents of the agreement. And also supposedly in Law number 18 of 2017 concerning the Protection of Migrant Workers regulates the obligations of Migrant Workers when committing violations or mistakes related to work contracts.Keywords: Liability-violation-employment contract
TANGGUNG JAWAB SOSIAL PERUSAHAAN (CORPORATE SOCIAL RESPONSIBILITY) PT. KOTO ALAM SEJAHTERA DIBIDANG PERTAMBANGAN BATU TERHADAP LINGKUNGAN SEKITAR DAN MASYARAKAT KOTO ALAM KECAMATAN PANGKALAN KOTO BARU SUMATERA BARAT Sutri Lasdienti; Firdaus Firdaus; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Corporate social responsibility (CSR) is one of the obligations that must be carried out by companies in accordance with the contents of Article 74 paragraph (1) of the Limited Company Law (UUPT). CSR activities were originally a program that was voluntary or not required to be carried out by the company. This understanding changed when the government began to realize that CSR is very important to be implemented especially for companies engaged in mining or companies whose activities are related to natural resources. This is because mining companies are closely related to the environment. Many mining companies do not pay attention to the environment and surrounding communities so that the environment becomes damaged and the welfare of the community does not experience significant changes as they should.This study aims to determine the implementation of corporate social responsibility (corporate social responsibility) of PT. Koto Alam Sejahtera to the environment and the community of Koto Alam and to know the efforts that must be made by PT. Koto Alam Sejahtera in implementing CSR to create a good environment for the Koto Alam community. The type of research the writer uses is sociological research. In this sociological legal research, the authors obtain data through interviews with companies and the public and pay attention to supporting literature. The data obtained were then analyzed qualitatively and presented descriptively.The results of the CSR implementation research conducted by PT. Koto Alam Sejahtera is still not in accordance with the nature and ideals of CSR desired by the law because the implementation of CSR so far is only fulfilling the obligations required by the law. PT. Koto Alam Sejahtera also has not fulfilled the principles of propriety and reasonableness because the CSR program they are running is only giving money for community assistance, but there is no CSR program that aims to preserve the environment. so that the environment is not maintained, it will also affect the economy of the Koto Alam community.Keywords: corporate social responsibility - community – environment
PENYELESAIAN TINDAK PIDANA PENGHINAAN MELALUI MEDIASI PENAL PADA MASYARAKAT ADAT DI JORONG SALASA KENAGARIAN PADANG TAROK KECAMATAN BASO KABUPATEN AGAM Ramadan, Rahmad; Firdaus, Emilda; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Indonesia is a state of law where every legal provision rests or is guided by Pancasila and the 1945 Constitution. Legislation should not conflict with higher regulations because they are required by the national. However, in societies other than the existence of a law that plays a national role there is also a customary law that was born and developed in the midst of a community called adat law. The purpose of this thesis discussion is: First, what is meant by the assistance of improvements to indigenous peoples in Jorong Salasa Kenagarian Padang Tarok, Baso District, Agam Regency. Second, what are the challenges in overcoming criminal acts on indigenous people in Jorong Salasa Kenagarian Padang Tarok, Baso District, Agam Regency.This type of research uses the method of sociological research because this study the author directly conducts research in a location or place that will gather complete information and explain about the problem to be discussed. This research was conducted in Jorong Salasa, Kenagarian, Padang Tarok, Baso District, Agam Regency, West Sumatra Province. Population samples and samples are study participants related to the problems discussed in this study. Data sources used are primary data, secondary data, tertiary data. Data collection techniques in this study were interviews and document studies.The Conclusions that can be drawn from this study Following are the conclusions that can be obtained from the results of the first research, Case Settlement through Penal Mediation on the follow-up of the Jorong Salasa Indigenous people of Padang Tarag Kenagarian Padang Tarag, Taro District, Baso District, Agam Regency has not been implemented well. The parties should have been able to approve the results of the decision of ninik mamak in completing the case through Penal Mediation for the prevention of the Indigenous people of Jorong Salasa Kenagarian Padang Tarag, Baso District, Agam Regency. as an alternative in resolving cases that occur in society. Second, While Constraints related to the process of settling court cases through mediation of criminal acts against indigenous people in Jorong Salasa Kenagarian Padang Tarok, Baso District include the absence of one party, uncooperative parties, requests for fines that need to be high, there is no need to convert people people who become law enforcement.Keywords: Settlement, Criminal Case, Penal Mediation, Customary Law, Insult.
GAGASAN PENGATURAN SANKSI PIDANA KEIMIGRASIAN TERHADAP KORBAN TINDAK PIDANA PENYELUNDUPAN MANUSIA Limonang, Limonang; Firdaus, Emilda; Ferawati, Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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People smuggling as organized crime has been discussed in the United Nations Convention Againt Transnational Organized Crime or the UN Convention against Organized Transnational Crimes was finally ratified through Law Number 5 of 2009 in order to strengthen international cooperation and be increased in order to prevent and eradicate transnational organized crime. In the process, people who want to be smuggled migrant victims usually give a smuggler reward. In other words, people who are smuggled do their actions consciously and know the consequences of their actions. The modus operandi of human smuggling is inseparable from problems of demand (demand) and supply (payment). The smugglers will facilitate those who can afford to pay, then find an intermediary then the ship's captain and the person who will make fake documents if needed.This type of research can be classified in the type of Normative legal research, which reveals legislation relating to legal theories that are the object of research. The approach taken uses a qualitative analysis approach by looking for data both in books, journals and other scientific works related to this research. The data sources used are primary and secondary legal materials.The conclusions that can be obtained from the results of the study are: First, the Legal Arrangement of Human Trafficking Crimes According to Law Number 6 Year 2011 concerning Immigration has been regulated in general but in the norms the Immigration Act does not clearly explain the position of victims as perpetrators and regarding the crime of human smuggling is only explained in general terms. Second, the Ideal Immigration Criminal Sanction Arrangement Against Victims of Human Trafficking in Indonesia already has immigration rules but there is no specific article or special section governing human smuggling, the purpose of this special regulation is because the criminal acts of smuggling are different from acts of smuggling criminal immigration because it has a broad offense element and a concrete definition.Keywords: People Smuggling, Crime, Victim, Immigration, Rules.

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