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INDONESIA
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 106 Documents
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Search results for , issue "Vol 7, No 1 (2020): Januari - Juni 2020" : 106 Documents clear
Tinjauan Yuridis Terhadap Pasal 134 Ayat (4) Undang-Undang Nomor 1 Tahun 2015 Tentang Penetapan Peraturan Pemerintah Pengganti Undang-Undang Nomor 1 Tahun 2014 Tentang Pemilihan Gubernur, Bupati Dan Walikota Menjadi Undang-Undang Pada Masa Daluwarsa Pelaporan Kasus Tindak Pidana Pemilihan Kepala Daerah Yang Relatif Singkat Ulil Abshor; Erdianto Effendi; Ledy Diana
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

Election of regional heads (Pilkada) is one way in the democratic system to elect regional heads in a particular region. The Regional Head Election aims to find qualified regional leaders in peaceful, honest and fair ways. Election of Regional Head is carried out by adopting the principle of direct, general, free, confidential, honest, and fair in accordance with Article 2 of Law Number 1 of 2015 concerning the Establishment of Government Regulations in lieu of Law Number 1 of 2014 concerning Election of Governors, Regents and Mayors to Become Constitution.This research is a type of normative juridical research or normative legal research. Normative juridical research or normative legal research is research that discusses legal principles, namely the legal principles contained in Act Number 1 of 2015 concerning Establishment of Government Regulations in lieu of Law Number 1 of 2014 concerning Election of Governors, Regents and the Mayor Becomes a Law.From the results of the research that the author did, it can be concluded that the reason for the expiration of regional head elections in terms of reporting is limited by the short time compared to criminal acts in general because there are several cases of reports that have not been completed, thus disrupting the process in the election for determine the winner in the election. If no deadline is set for reporting, it can be used as a loophole for one party to hinder the electoral process, and can also cause government vacancies as in previous cases. Second, the reporting deadline is in accordance with Article 134 paragraph (4) of Law Number 1 of 2015 concerning the Establishment of Government Regulations in lieu of Law Number 1 of 2014 concerning the Election of Governors, Regents and Mayors into Laws which stipulate the reporting deadline of only 7 days are considered too fast and ineffective because many cases are killed because of these deadlines.Keywords : Juridical Review - Article 134 Paragraph (4) -Law number 1 of 2015
PENEGAKAN HUKUM TINDAKPIDANA TERHADAP KERUSAKAN FISIK DAYA TARIK WISATA DALAM RANGKA MEWUJUDKAN ASAS KELESTARIAN DAN BERKELANJUTAN KEPARIWISATAAN Duwi Cut Diana Putri; Zulfikar Jayakusuma; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Tourism is a dynamic activity that involves many people and enlivens various fields of business. In national development, tourism is one of the fields that contributes significantly to the country's foreign exchange apart from the oil and gas sector, plays a role in expanding employment, encouraging and equitable regional development, increasing the welfare and prosperity of the people. Supervision of the threat of environmental destruction and pollution of tourist objects is an important aspect in maintaining and preserving tourism objects as national assets in contributing to national development in the form of providing employment and other economic activities as well as foreign exchange income for a country.This type of research can be classified in the type of sociological juridical 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 examined. This research is in the jurisdiction of Pekanbaru City. While the population and sample are the whole parties related to the problem examined in this study. Sources of data used, primary data, secondary data, and tertiary data, data collection techniques in this study with interviews and literature review.In the results of the research problem there are two main points that can be concluded, first, the supervision of the threat of damage and pollution of attractions is an important aspect in preserving tourism. The second obstacle in law enforcement is that the perpetrators of tourism fission damage are influenced by several factors; legal factors, legal relief factors, facilities and facilities factors, and cultural factors.Keywords: Law Enforcement Criminal Tourism
TINJAUAN YURIDIS UPAYA PENGEMBALIAN KERUGIAN NEGARA MELALUI PENJATUHAN PIDANA TAMBAHAN BERUPA UANG PENGGANTI DALAM TINDAK PIDANA KORUPSI DIKAITKAN DENGAN NILAI KERUGIAN NEGARA YANG DITIMBULKAN Weldy Marlius; Dessy Artina; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Corruption is a familiar problem in the ears of the Indonesian people. Corruption causes a huge impact on state financial losses and impedes national development. The main purpose of the Law on combating corruption is to restore state losses. However, in practice, efforts to recover state losses have not been effective.The purpose of writing this thesis, namely: First, To find out how efforts to recover the losses of the State through additional criminal money substitute in criminal acts of corruption. Second, to find out how the ideal criminal concept is additional replacement money to recover state losses due to corruption.In this study the authors used a type of normative legal research. Normative legal research is legal research by conducting a study of existing materials. This study uses secondary data that is library data related to the object of research by conducting library research. Analysts used in this research use qualitative analysis.From the results of this study it can be concluded that, First In practice many cases are able to be proven by the public prosecutor in a criminal court of corruption but the return of state losses which is the goal of the Law on the Eradication of corruption itself is still far from expectations. Secondly, law enforcement against corruptors should be renewed, considering that up to now the law enforcers are still having difficulty in returning state losses caused by corruption.Keywords: Corruption-Returns State Losses
PERLINDUNGAN HUKUM BAGI KONSUMEN TERHADAP PRODUK MAKANAN YANG TIDAK MEMILIKI SERTIFIKASI HALAL DI KOTA PEKANBARU Fendra Rizaldy Pratama; Zulfikar Jayakusuma; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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So far, both food products in the form of raw and ready-to-eat ingredients and drinks with a varietyof flavors and colors have been circulating widely on the market. The number of circulating productsrequires strong control from the government and related parties to ensure that food products on the marketmeet the proper standards and labeled halal for consumption. Therefore, consumers have the right to getinformation about the product content, ingredients made and halal products. will be consumed.This type of research can be classified in the type of sociological (empirical) legal research, becausein this study the authors directly conduct research at the location or place of study in order to provide acomplete and clear picture of the problem under study. This research was conducted research in PekanbaruCity. The reason the author chose the research location in Pekanbaru is because there are still manybusiness actors who have not included a halal label on the goods being traded. While the population andsample are the Chairperson of the Indonesian Ulema Council (MUI) of Riau Province, PekanbaruBreadtalk Employees and Pekanbaru Breadtalk Consumers. Data sources used are primary data andsecondary data. Data collection techniques in this study were interviews, questionnaires, and literaturereview.The conclusions that can be obtained from the results of the study are: First, the factors underlyingthe producers who do not carry out halal certification of their products in the city of Pekanbaru consist ofignorance and lack of understanding of business actors regarding the existence of Law Number 33 of 2014concerning Halal Product Guarantee, Actors Businesses Not Knowing the Procedures for Registering HalalCertification, Businesses that are Goed by Business Actors are still on a Small Business scale, Businessactors assume that the raw materials used in products are Halal, business actors or producers are dishonestand commit fraud or fraud to consumers and the level of public knowledge about halal label food productsis still low. Second, legal protection for consumers of products that do not have halal certification in the cityof Pekanbaru is not yet maximally implemented. This is indicated by the fact that there are still manyproducts that do not yet have certification and have not been labeled as halal. In addition, the emergence offake halal labels that do not meet the criteria for halal or not.Keywords: Legal Protection, Consumer, Food Products, Halal Certification, Pekanbaru
REFORMULASI TINDAK PIDANA POLITIK UANG KAJIAN TERHADAP PASAL 523 UNDANG-UNDANG NOMOR 7 TAHUN 2017 TENTANG PEMILU Aryanto, Fickry; Firdaus, Emilda; R, Mukhlis
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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In the context of upholding democracy, efforts to protect the integrity of elections are very important. When looking at the latest standards (compliance and enforcement of election laws), it is important to ensure fair elections. Adamya several cases of money politics in the election practice in damaging the administration of the election itself. Thus, money politics is categorized as a serious problem in the election. That is because money politics has a bad impact on elections and strengthening democracy.This type of research can be classified in normative legal research, namely legal research conducted by examining library materials. This study examines the subject matter in accordance with the scope and identification of problems through a statute approach carried out by examining the laws and regulations relating to the legal issues under study. In this study the authors conducted a study of legal principles by utilizing descriptive methods. The data collection technique used is the method of researching library data that is utilizing the library as a means of collecting data, by studying books as reference material related to the problem to be studied.The conclusion that can be obtained from the results of the study is the regulation of criminal law against money politics based on Article 523 of Law Number 7 of 2017 Regarding Elections, which is still unclear and unequivocal. Highlighting the weaknesses of regulations regarding money politics in the 2019 elections. Law Number 7 of 2017 concerning Elections has not been able to punish all people who have been proven to receive or give money for political purposes. People who can be punished are those who do money politics and are listed in the success team. Cases of money politics committed in the conduct of elections but cannot yet be sanctioned due to limitations of the law in regulating money politics crimes. An ideal arrangement for money politics based on positive Indonesian law is urgently needed in order to achieve free and fair elections. Therefore mistakes or weaknesses at the policy / legislation / formulation stage are strategic errors that can become obstacles to law enforcement efforts. Renewal of criminal law in the context of overcoming crime becomes very important, because mistakes in substance or formulations are very strategic mistakes for mistakes in the next stages.Keywords: Reformulation, Crime, Money Politics, Elections
KONTRIBUSI HUKUM ISLAM TENTANG MENENTUKAN MASA IDDAH DALAM UNDANG-UNDANG PERKAWINAN DI INDONESIA Novia Fatriyani; Firdaus Firdaus; Emilda Firdaus
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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One of the problems faced by the Indonesian people today is the crime of sexual violence. Pedophiliaas a sexual orientation by liking minors. As a distorted orientation and contrary to applicable norms.Pedophile behavior often leads to sexual violence. Based on the characteristics that exist that the ability toseduce a reliable pedophilia that can deceive children and the nature of pedophiles who love to movelocations cause this to make it not an ordinary crime. Very often cases of pedophile crime appear and arerevealed after the number of victims who report. The effects of pedophilia crimes lead to mental trauma,genital and rectal injuries and the potential to be a future offender for victims for boys. In GovernmentRegulation in Lieu of Law Number 1 of 2016 on the second amendment of Law No. 23 of 2002 Regardingchild protection, it allows additional penalties to announce the identity of the offender. as a form ofdeterrent effect and protection to the community, but there is no formal criminality in the form ofimplementation so that the ideal concept is needed so that additional punishment can be carried outThis type of research is a normative legal research that is using literature study in finding data. Thisresearch is descriptive in nature which tries to provide detailed and detailed data on the existing problems.In writing this research using qualitative data analysis which means explaining and concluding about thedata that has been collected by the author. This study uses secondary data or scientific data that has beencodified.The results of this study are to explain that the material penalties for additional sentences announcingthe identity of the perpetrators have been clearly regulated. but for formal criminal arrangements have notbeen clearly regulated. thus causing additional punishment is not perfect. The author provides an idealconcept in the form of announcements of identity given to the public through mass media, print and socialmedia, Announcement of identity is also given to educational institutions and the Ministry of Law andHuman Rights. announcements of identity are also given through the website managed by the Indonesianchild protection commission. Announcement of identity is done in order to reduce the level of pedophilecrime and provide protection for children and society.Keywords: Announcement Of The Identity Of The Offender - Additional Punishment - Pedophilia.
IMPLEMENTASI PASAL 277 UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN TERHADAP ANGKUTAN BARANG YANG OVERDIMENSI DI WILAYAH KABUPATEN KAMPAR Aprianti, Gusni; Effendi, Erdianto; Putri, Adi Tiara
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Overdimensional vehicle is a vehicle modified which is conducted by people top workshop basic request from the vehicle owner this overdimensional vehicle modified body height and width plus aims to be able to transport loads which uses less cost. The formulation of the problem in this research is how is the implementation of Article 277 of Law Number 22 Year 2009 concerning Road Traffic and Transportation in the Kampar District Region, and what are the obstacles and efforts to implement Article 277 of Law Number 22 Year 2009 Concerning Traffic and Road Transportation in the Kampar District Region. This research is classified into sociological legal research viz approach the problem under study with the nature of the real law or in accordance with the reality of life in society, this study wants to see the correlation between law and society so that it reveals the effectiveness of law enforcement in society.Implementation of Article 277 of Law Number 22 Year 2009 concerning Road Traffic and Transportation, the sanctions provided for in article 277 have never been applied, So far, in Kampar regency, vehicles that are overdimensional when they are caught in raids are only given tickets or administrative sanctions. Obstacles and efforts to implement Article 277 of Law Number 22 Year 2009 Concerning Traffic and Road Transportation in the District of Kampar, many vehicle owners don't know that overdimensional vehicles can endanger the lives of others, and they don't know much about the rules governing overdimensional vehicles, many vehicle owners who depend on their vehicle for their needs, that is what makes it difficult for law enforcers to apply article 277. The first attempt is to explain or provide socialization to vehicle owners and drivers about overdimensional vehicles and also to explain anything caused by overdimensional vehicles, good cooperation between the transportation department and the police, and impose strict sanctions on vehicle owners who have recorded their vehicles several times.Keywords: Implementation - Overdimensions - Freight Transport
PERLINDUNGAN HUKUM ATAS PEMBATALAN ORDER PEMBELIAN MAKANAN SECARA SEPIHAK OLEH KONSUMEN MELALUI LAYANAN GO-FOOD PADA APLIKASI GO-JEK Lisa Novalia Cuyana; Hayatul Ismi; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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GOJEK is a social soul technology company that aims to improve the welfare of works in various informal sector in Indonesia. GOJEK which is an online based transportation developed by PT.GOJEK Indonesia has several services or features, one of which is GO-FOOD. GO-FOOD service in the GOJEK application is a food delivery service in which an agreement between the service provider and the costumer occurs. PT.GOJEK Indonesia through its system in the GOJEK application can bring together costumer as food order with drivers and carries.This type of research can be classified in the type of research that sosiological, 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. The study was conducted at the Land Transportation Management Area IV in Riau Province and Riau Island Province and Basecamp GOJEK Banten Pekanbaru City, while the population and the sample are all parties related to the problems axamined in this study, the sources of the date used, primary, secondary and tertiary, than the collection in this study by interviews and library study.From the result of the research problem there are two main things that are concluded. First, legal protection for unilateral cancellation of orders in accordance with Article 1338 of the Civil Code regarding freedom of contract and Law Number 11 of 2008 concerning information and electronic transaction. Where in this provision it is in accordance with the application GO-JEK that the driver and consumer have made an agreement through electronic transaction as outlined in the electronic contract binding the parties. Secondly, due to the law arising from unilateral cancellation carried out by consumers based on Article 1365 regarding acts against the law, consumers are required to make compensation for actions taken against the driver who has suffered losses.Keywords: Legal Protection, Driver, Unilateral Cancellation
PENERAPAN HUKUM DI TINGKAT PENYIDIKAN TERHADAP PELAKU TINDAK PIDANA PENYELUNDUPAN MANUSIA (PEOPLE SMUGGLING) DI WILAYAH HUKUM KABUPATEN BENGKALIS Ega Suzana; Erdianto Effendi; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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The smuggling that occurs in Bengkalis District, Bengkalis Regency is due to the Bengkalis islands, so that there are many official and unofficial port lines directly bordering several neighboring countries such as Malaysia and Singapore.So it becomes a crossing in and out of people smuggling. Bengkalis District Police Department in 2019 succeeded in arresting 1 suspect and securing 8 (eight) people who came from Sumatra and Java. In 2018 the police also secured 4 suspects in human smuggling cases, all of whom were the majority of original Bengkalis residents.This type of research is classified as sociological research, because in this study the author directly conducts research at the location or place in order to provide a complete and clear picture of the problem under study. This research was conducted at Bengkalis Resort Police, while the population and sample are all parties related to the problem examined in this study, the source of the data used, primary data, and secondary data, and tertiary data, the data collection techniques in this study were carried out by interview, and literature study.The results of the study include: First, the investigation of human smuggling crimes in Bengkalis District handled by the Bengkalis District Police is not optimal. Second, the factors of this smuggling activity are organized, the mode of operation is interrupted, the budget, the lack of legal awareness in the community.Third, efforts to deal with human trafficking crimes that are effective and efficient in handling this case by conducting strict safeguards on official and unofficial channels, adding costs, completing facilities and infrastructure, providing protection to victims, and approaching the community regarding the dangers of smuggling crimes. human.Keywords: Invistigation-People Smuggling- suspect
ANALISIS YURIDIS PENYALAHGUNAAN UNMANNED COMBAT AERIAL VEHICLE (COMBAT DRONE) SEBAGAI SENJATA PERANG DITINJAU DARI HUKUM HUMANITER INTERNASIONAL ROY FALDI ANPRATAMA; Evi Deliana; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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The development of the use of weapons technology is currently growingrapidly darting. One of them is the use of technologiUnmanned Aerial Vehicle(UAV) / Drone (aircraft without crew) controlled through a remote control which isused as a weapon into Unmanned Combat Aerial Vehicles (UCAVs) CombatDrones (unmanned aircraft equipped with weapons) which some countries are verymeaningful to minimizing risk in conflict weapon since only be controlled remotelyand claimed can fly up to tens of hours is on one hand very lucrative military field.On the other hand, the impact from the use of these drones should also benoted, because the resulting impact very seriously and according to some legalexperts that the use of armed drones (Combat Drone) violates human rights andlegal humanitarian. One of the example is the impact of such attacks deprive thelives of many people, like the case of the American drone attacks in Pakistan since2004 to 2018 according to the humanitarian agency International bureau ofinvestigates has killed over 4,026 souls therein 2.515- including civilians andchildren due to their use in targeting attacks are indiscriminate.From the results obtained, as the development of weapons such as CombatDrone technology, use of drones as weapons should be formulated in a particularlegal seal the document. Therefore, countries that are currently using dronetechnology should agree to establish the rule of law, so that there is no legal vacuumin the regulation on the use of drones especially relating to its use as a weapon inarmed conflict. The formulation of the rule of law should also pay attention tointernational humanitarian law. Because if not defined, it is very difficult for thestate to define the limits associated used such weapons look very bad impactproduced in the humanitarian field.Keywords: - Drone - Unmanned Combat Drone - Law Enforcement -Internaisonal Humanitarian Law - Legal – Accountability

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