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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
Eksistensi Hukum Adat Minangkabau Dalam Menyelesaikan Tindak Pidana Penculikan Gadis Di Talu Pasaman Barat Wulanda Septrila Metri; Erdianto Effendi; 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

Indonesia is a country that is based on law. In social life, in addition to the existence of national law, there is also customary law in the midst of the community that was born from the habits and behaviors that have been developed, which are called adat law. This custom or habit will later become a provision called adat law. Whereas customary law and customary law are still used by certain local communities, especially in the Talu Pasaman Barat region where the community still uses customary criminal law to resolve customary criminal acts, specifically the crime of kidnapping girls.The author uses sociological research methods, or often called non-doctrinal theories that try to examine the effectiveness of the application of law in society. This research is descriptive. This research was conducted in Talu, Talamau District, West Pasaman Regency, West Sumatra Province. While the population and sample are all parties related to the problems examined in this study, the source of the data used are primary data, secondary data, and tertiary data, data collection techniques in this study with interviews and document studies.The conclusion that can be drawn from this research is that the existence of customary criminal sanctions such as discarded and fined is still very strong and is still applied in Talu Pasaman Barat, including in resolving cases of abduction of girls resolved through customary law not through positive Indonesian law, so there must be cooperation between the police and traditional stakeholders to make it more efficient.Keywords: Criminal act - kidnapping – Law Adat
PERAN OTORITAS JASA KEUANGAN PROVINSI RIAU DALAM MENGAWASI PENYELENGGARAAN LAYANAN PINJAM MEMINJAM UANG BERBASIS TEKNOLOGI INFORMASI (PEER TO PEER LENDING) ILEGAL DI KOTA PEKANBARU Putri Diana Dasopang; Evi Deliana; 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

One of digitalization improvement form was experienced by technology field. Internet technology has greatest impact for world economic needs. Internet brings economic sector into the new level that is most known as digital economics. The most recent popular digital economics service specifically in Indonesia is fintech. According to the Indonesian Joint Fintech Funding Association (AFPI), the financial technology of peer to peer lending (loan) is considered the type of Fintech which activity is most prominent in Indonesia. The purpose of this research; First, to know the form of legal protection given by the Financial Services Authority of Riau Province against the use of borrowing money services based on illegal information technology (eer to peer lending) in Pekanbaru city, Second to know the optimizing role of Financial Services Authority of Riau Province to supervise the implementation of borrowing money services based on illegal information technology (peer to peer lending) in Kota Pekanbaru.This type of research can be classified into a type of sociological research. This research direcly gain the data from the research location at Financial Service Authory of Riau Province and Legal aid Pekanbaru. From the research results based on two problems can be concluded, First, the form of legal protection provided by the Financial Services Authority of Financial Services Authority of Riau is supposed to focus on the socialization of prevention by conducting socialization related to middle and lower society. Second, optimizing the role of Financial Services Authority of Riau Province to supervise the implementation of borrowing money services based on illegal information technology (peer to peer lending) in the territory of Pekanbaru city, seen from the efforts of Financial Services Authority of Riau in renewing preventive efforts but in terms of repressive Financial Services Authority of Riau has not been able because there is no specific rules that govern the implementation of the money-borrowing services based should urge the Government to immediately formulate the law on the Misuse of Personal Data in order to minimize the cases.Keyword: Financial Services Authority-Money Loans services based on information technology (peer to peer lending)-illegal
PENEGAKAN HUKUM TERHADAP PEDAGANG PAKAIAN BEKAS IMPOR DI KOTA PEKANBARU
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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Used clothing is an object or item used by humans to cover their bodies but has been worn by people, used clothing is called flea goods. Imported used clothing is prohibited from being traded because this used clothing has the potential to endanger human health so it is not safe to be used and used by the community and does not have the Indonesian National Standard (SNI). However, in reality every regulation contained in Law Number 7 of 2014 concerning trade and Regulation of the Minister of Trade of the Republic of Indonesia Number 51 / M-DAG / PER / 7/2015 concerning the prohibition of importing used clothing is not implemented and enforced by enforcement officers the law against import used clothing traders in the city of Pekanbaru, Even used clothing sales are sometimes conducted overtly so that the writer is interested in researching about Law Enforcement Against Imported Used Clothing Merchants in Pekanbaru City.The purpose of this thesis, namely; First, to find out law enforcement against imported used clothing traders in the city of Pekanbaru, Second, to find out the inhibiting factors in law enforcement against imported used clothing traders in Pekanbaru city.The type of legal research used by the writer is sociological law research. This research was conducted in Pekanbaru City. Sociological legal research uses primary data and secondary data, while population and sample are parties related to the problem under study, namely the Head of Trade of the Department of Industry and Trade of Pekanbaru, Kanit II of the City of Pekanbaru Criminal Investigation Unit and used clothing traders. Data collection techniques in this study with literature review and interviews.From the results of this study, the author concludes that the Law Enforcement of Imported Used Clothing Merchants in Pekanbaru City has so far only been carried out socialization on imported used clothing traders by the Pekanbaru City Industry and Trade Office without carrying out any follow-up on the used clothing traders. Factors that hinder the law enforcement against imported secondhand clothing traders in Pekanbaru city are the absence of Civil Servant Investigators, the lack of awareness and concern of the community towards the law, the import of used clothing trade is entrenched, and the geographical location of the city of Pekanbaru.Keywords: Law Enforcement-Trade-Used Clothing
PERJANJIAN ANTARA PENGEMUDI GO-JEKDENGAN PEMILIK PROVIDERGO-JEK (STUDI TERHADAP HAK DAN KEWAJIBAN PARA PIHAK DALAM PERJANJIAN)
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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This study discusses the Agreement Between GO-JEK Drivers and GOJEKProvider Owners (Study of the Rights and Obligations of the Parties in theAgreement) ". A covenant is an act by which one or more people committhemselves to one or more other people. Based on Article 1338 of the CivilCode which reads: "All treaties made legally apply as a law for those whomake them". The agreements cannot be withdrawn other than by the agreementof the two parties, or for reasons stated by law to be sufficient for that. Thepurpose of this thesis is; First, to find out the fulfillment of GO-JEK driver'srights and obligations with the owner of the GO-JEK provider in a partnershipagreement based on justice; Second, to find out efforts to resolve disputes onthe rights and obligations of the go-jek driver with the go-jek provider in apartnership agreement based on justice. The type of legal research used by thewriter is normative legal research or library research.The type of legal research used by the writer is normative legalresearch or library research. Normative legal research uses primary data andsecondary data. Data collection techniques in this research is the study ofliterature that is the author takes quotes from reading books, literature, orsupporting books that have a relation with the problem to be studied.From the results of this study the author concluded that the legalprotection of the rights and obligations of GO-JEK drivers with GO-JEKprovider owners based on partnership agreements has not been fullyimplemented properly. The contents of the partnership agreement areunilaterally determined by the obligations of the GO-JEK driver. GO-JEKDrivers do not have the right to give consideration to the partnershipagreement so that it is not beneficial to the parties, especially GO-JEKDrivers, not. So that the rights and obligations in the GO-JEK partnershipagreement have not been fulfilled. Settlement of GO-JEK driver's rights andobligations disputes with the owner of the GO-JEK provider in the firstpartnership agreement through consultation and the second through court.Settlement of disputes through deliberation in practice has not gotten maximumresults so that the parties to the dispute have not got the rights and obligationsproportionally.Keywords: GO-JEK Driver-Agreement-GO Provider GO-JEK
OPTIMALISASI KEGIATAN PENYELIDIKAN UNIT 3 SUBDIT II GUNA MENINGKATKAN PENGUNGKAPAN PERKARA TINDAK PIDANA NARKOTIKA DI DIREKTORAT RESERSE NARKOBA POLISI DAERAH RIAU
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

Law of the Republic of Indonesia Number 2 of 2002 concerning the Police which regulates a law enforcement officer has the duty to maintain security and order, enforce the law, provide protection and public services. But the fact is, the professionalism of a law enforcement apparatus such as Investigator unit 3 subdit II, which is still lacking in operational capability of a law enforcement process that does not meet professional standards that can affect the ability to investigate narcotics crime. The purpose of this thesis, namely: First, to what extent is the ability of the investigation activities of unit 3 subdit II in revealing narcotics criminal cases in the Riau Police Directorate of Drug Investigation, Second, What are the factors that hinder the investigation of Narcotics Investigation in order to emphasize drug trafficking, Third, How efforts to optimize the investigation activities of unit 3 subdit II in improving the narcotics crime case handling at the Riau Regional Police Drug Investigation Directorate.This type of research can be classified in the type of sociological juridical research, because in this study the author directly conducts research at a location or a careful place in order to provide a complete and clear picture of the problem under study. This research was conducted at the Riau Police Narcotics Investigation Directorate, while the population and sample were all parties related to the problems examined in this study, data sources used, primary data, secondary data and tertiary data, data collection techniques in this study were observations, interview and literature study.From the results of the research problem there are three main things that can be concluded. First, the current capability of investigating the disclosure of narcotics crime cases is still inadequate. Such as, the method of investigation that has not been implemented, the inadequacy of facilities and infrastructure and the optimal condition of human resources. Second, the inhibiting factor in emphasizing drug trafficking that affects the performance of personnel is caused by several factors namely internal and external factors. Third, the efforts made to optimize the investigation of narcotic criminal disclosure activities, the need for resources to be repaired, facilities and infrastructure to be repaired, and systems and methods that should also be improved. The author's advice, First, to the Head of the Bureau of human resources in filling the amount of human resources must pay attention to the area and geographical location of the region, because the characteristics between the islands and the mainland are different. Second, increasing the budget, facilities and infrastructure of the distribution of drugs can be overcome. Third, the need for supervision of the implementation of drug criminal investigations, because drug crimes are vulnerable to issues that bring down investigators and the ability of drug dealers to conduct bribery.Keywords: Ability - Investigation - Narcotics Crime
TINJAUAN YURIDIS PUTUSAN MAHKAMAH AGUNG NOMOR 574K/Pid.Sus/2018 TENTANG MENTRANSMISIKAN DOKUMEN ELEKTRONIK DENGAN MUATAN ASUSILA Karnofi Andrian; Mexsasai Indra; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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The Information and Electronic Law regulates various types of criminal acts carried out in a modern way, namely the use of electronic media as a means to commit criminal acts, one of which is the distribution of content that is immoral or pornographic. In the case of Baiq Nuril with the principal of SMAN 7 Mataram, in this case the victim was reported for allegedly distributing immoral or pornographic content. From the research problem there are two problem formulations, first, how is the principle of justice in the decision No. 574k / pid.sus / 2018 about transmitting electronic documents with immoral content? second, How is the Legal Analysis Article 27 paragraph (1) of Law No. 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning Information on Electronic Transactions?This type of research is classified in normative legal research conducted by examining mere literature or secondary data. The data used are primary, secondary and tertiary legal materials.From the research, there are two things that can be concluded. First, the Judge's decision to the victim should reflect the value of justice. The judge did not pay attention to the reason why the defendant recorded evidence of the conversation. Second, the violation in Article 27 paragraph (1) of the Act on Transaction and Electronic Information cannot be separated and must refer to the provisions of Article of decency in the Criminal Code, in connection with that, the element in public must be a very important element, because the Electronic Transaction Information Act in no way provides sufficient understanding and understanding in relation to Article 27 paragraph (1).Keywords: Supreme Court Decision - Violation of Decency
TINJAUAN PERLINDUNGAN HUKUM TERHADAP PELANGGARAN HAK MORAL DALAM PEMUTARAN FILM DI BIOSKOP SEBAGAI KARYA CIPTA SINEMATOGRAFI OLEH PENGGUNA APLIKASI SOSIAL MEDIA INSTAGRAM (INSTASTORY)
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Cinematographic are included in the protected copyright regulated in Undang-Undang Nomor 28 Tahun 2014. The definition of cinematographic in Undang-Undang Nomor 28 Tahun 2014 is creations with works that move both in the form of documentaries, advertisements, reportages or story films or a cartoon made with a screenplay. In recent years, the rise of film lovers who are also social media addicts often take pictures and record parts of films that are being screened in theaters and uploaded on social media accounts. When a part of the film is illegally recorded, moreover distributed, it is already in the category of piracy, and can be sued by the copyright holder if the copyright holder feels objections or feels disadvantaged over the act. The recording and dissemination occurred because of the very low public awareness about Copyright.The recording and dissemination action can give a "spoiler" which decreases the interest of the public to watch the film because they already know a part of the story of a film work so that it has an impact and has the potential to benefit the Creator and / or Copyright Holder from the film. The act of recording and distributing film footage in the instastory is also seen to violate the moral rights possessed by an Author and / or Copyright holder in the form of intentionally taking film footage distributed in the instastory without including the name of the Author who is obliged to pocket the permission of the owner if he wants to be distributed. The loss of economic rights and moral rights experienced by the creator and / or holder of this copyright can be the basis for a lawsuit for compensation to the perpetrators of acts of copyright infringement on films in theaters through social media.Keywords: Undang-Undang Nomor 28 Tahun 2014, cinematographic or films, distribution of films without permission, social media
WANPRESTASI TERHADAP PERJANJIAN PEMBIAYAAN INVESTASI DI BADAN USAHA MILIK DESA GERBANG LESTARI DESA DELUK KECAMATAN BANTAN KABUPATEN BENGKALIS
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Investment financing is the financing of capital goods and services needed for business / investment activities, rehabilitation, modernization, expansion, or relocation of business premises / investment provided to debtors. Investment financing done by Gerbang Lestari Village Owned Enterprises Deluk Village is to provide unsecured loans to customers who have become members of the Gerbang Lestari Village Owned Enterprises Deluk Village in accordance with the financing agreement made and agreed by the customer and the Owned Business Entity Desa Gerbang Lestari Desa Deluk. But in reality in the investment financing agreement the customers have defaulted. Defaults performed by customers that are late achievement, and defaults made by these customers are also contained in article 1238 of the Civil Code.The purpose of this study is to find out how the process of implementing investment financing agreements in the Village of Gerbang Lestari Village of Deluk Village and To find out how the settlement of defaults in the implementation of investment financing agreements in the Village of Gerbang Lestari Village of the Village of Deluk Village.Based on the results of the study of the causes of customers to default, that is, customers have failed in running their businesses, businesses run by customers are substandard, and indeed they lack the desire of customers to make loan repayment payments. In this case the State Owned Enterprises of the Gerbang Lestari Village Deluk Village makes it easy for customers to solve the problem of installment payments by providing relief to borrowers of investment financing to choose whether by making changes to the installment payment schedule or by changing the installment amount. However, if it is not implemented, the Gerbang Lestari Village of Deluk Village will take legal action by confiscating the assets of the customers whose economic value is equal to the number of loan installments that have not been paid. This is done in accordance with article 1131 of the Civil Code. It is recommended to the Entity-Owned Enterprise of Desa Gerbang Lestari Desa Deluk to be able to resolve the problem of default on investment financing made by the customer, because the investment financing loan funds come from community savings.Keywords: investment-credit financing without collateral-default
Kebijakan Hukum Pidana dalam Perlindungan Hukum Terhadap Korban Pelecehan Seksual Secara Verbal
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Criminal provisions regulated in the Criminal Code Book in chapter XIV are formed by the legislators with the intention to provide protection against immoral acts or ontuchte handelingen and against behavioral behaviors both in the form of words and in the form of deeds acts that offend immorality. This is because it contradicts people's views of propriety in the field of sexual life, where the words have been spoken or where the deed has been carried out, as well as in terms of the habits of the local community in carrying out their sexual lives.This research is a normative juridical study or normative legal research. Normative juridical legal research or normative research is research that discusses the principles of law, legal systematics, the extent of legal synchronization, legal history and legal comparison.From the results of the research that the author did can be concluded, the first law enforcement against verbal sexual harassment is still not going well because there are inhibiting factors in the process. Obstacles - obstacles include: Factors of the law itself, Factors of law enforcement officials, Factors of the community, Second, overcoming crime is done through several stages, namely the formulation stage, the application stage and the execution stage. In the process of criminalization also must pay attention to two central issues in criminal law policy. Protection against victims of verbal abuse by catcalling can be done through the rights enshrined in Article 5 of Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection of Witnesses and Victims, Law Number 39 of 1999 Concerning Human rights.Kanci Words: Criminal Law Policy - Legal Protection - Verbal Sexual Harassment
PERLINDUNGAN PSIKOSOSIAL TERHADAP ANAK KORBAN TINDAK PIDANA PERKOSAAN DI PEKANBARU
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Adult interest in sex that makes children an object is categorized as an act that is prohibited and threatened with criminal penalties based on Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. Rape experienced by children causes physical, psychological and social injury that can affect the quality of their lives in the future. The Government, Regional Government and State Institutions must provide special protection in the form of psychosocial assistance provided at each level of examination ranging from investigation, prosecution to examination at a court hearing. Psychosocial assistance is a combination of psychological and social treatments aimed at healing trauma to the victim so that it can grow and develop optimally.This type of research is sociological legal research, which means the writer directly conducts research at the location under study, namely Pekanbaru City Police, Integrated Women's and Child Empowerment Service Center (P2TP2A), Pekanbaru City Social Service, Riau Child Protection Agency. The population and sample in this study are all parties related to the problem under study. Source of data used are primary data and secondary data, while the data collection techniques in this study use interviews and literature studies.The results of the study that can be concluded are, firstly the implementation of psychosocial assistance to child victims of rape in Pekanbaru is only done during the police inspection process to complete the case report and sometimes it is not given and carried out at all, so the rights of the victim's child are not fulfilled in accordance with the Child Protection Law Act. Second, obstacles in the implementation of psychosocial assistance to child victims of rape in Pekanbaru are the unavailability of special service rooms, lack of communication between Law Enforcement Officers and Child Care Institutions, lack of Social Workers, and families / victims not reporting. The efforts made to overcome these obstacles are in collaboration with the Child Social Rehabilitation Center in Rumbai to use special service room facilities, request the addition of Social Workers and socializing to children and the community.Keywords: Psychosocial Assistance - Special Protection - Children Victims of Rape

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