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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 130 Documents
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Search results for , issue "Vol 8, No 1 (2021): Januari - Juni 2021" : 130 Documents clear
TINJAUAN YURIDIS TERHADAP PERLINDUNGAN PENGGUNA GO-JEK YANG DIRUGIKAN TERKAIT PERETASAN DATA PRIBADI MELALUI APLIKASI GOJEK
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Consumers who need products often before they start making transactions are required to provide complete information about their identity or company (if the consumer is a company). There are at least two potential risks that befall Go-jek users, among others, are the risk of consumer data security and the risk of transaction errors. From the background of the problem, the formulation of the problem was born, namely, first How is the legal protection against Go-jek users who are harmed in connection with the hacking of personal data through the Go-Jek application account? Second, How can consumers resolve efforts related to hacking personal data?This research is a type of research that is normative, which more specifically discusses the principles of law. Research on the principles of law aims to find the legal principle of the application of a positive law. The approach used is the approach of legislation, which is an approach that is carried out by studying all laws and regulations related to the problems (legal issues) that are facing. In this study, the data source used is secondary data with primary, secondary, and tertier legal materials conducted by way of literature studies.From the results of the research obtained that, first, the protection of gojek consumer law is based on legislation, namely; Law No. 8 of 1999 on Consumer Protection on the principles of benefits, balance, justice, security and certainty realized by the form of accountability by gojek parties. In addition, the legal protection of gojek consumers is also based on Law No. 11 of 2008 on Information and Electronic Transactions, regulation of the Minister of Communication and Informatics Number 20 of 2016 concerning the Protection of Personal Data Through Electronic Systems. Second, legal consequences of hacking, namely not fulfilling consumer rights, liability for compensation for business actors, sanctions and disputes. The author's advice, in order to better maintain personal data in media accounts, businesses further improve the security of their electronic systems and the government to immediately issue specific regulations related to the protection of consumer personal data.Keywords: Personal Data-Protection-Consumer Go-Jek
PENGATURAN KEDUDUKAN SAHABAT PENGADILAN DALAM SISTEM PERADILAN PIDANA INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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A court decision is decided by a panel of judges, in accordance with the contents of Article 5 paragraph (1) of Law Number 48 of 2009 concerning Judicial Power if deciding on a case the judge is obliged to explore, follow and understand the legal values and the sense of justice that live in society. Justice that lives in community life becomes an opening for a person, group of people or organization that does not act as a party in a case but has an interest in or has an interest in submitting the amicus curiae. Amicus curiae is a term in the legal tradition which means “friend of the court”. Amicus curiae's statement is therefore a written statement from a third party expressing his opinion on certain matters in an ongoing legal process. Amicus curiae is only limited to providing opinion, and not fighting. Amicus curiae's position should be clearly explained in the law, because amicus curiae can help judges decide a case appropriately and fairly.This legal research is a normative legal research. Normative legal research is legal research conducted by examining library materials or secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. Normative legal research is also called doctrinal legal research, also referred to as library research or document studies. In this study the authors conducted research on the history of lawThe results of the research conducted by the author are, firstly, it is known that the arrangement of court friends in the criminal justice system is still not specifically regulated where the explanation and procedure for filing a court friend has not been explained in the Criminal Procedure Code and the criminal justice system, people and bodies that have filing a court friend on the basis of the provisions of Article 5 paragraph 1 of Law No. 48 concerning judicial power and if the judge requests it it will be based on the basis of Article 180 paragraph 1 of the Criminal Procedure Code. Furthermore, it is known and applied to the position of court friends in the process of proving a criminal case, even though the court does not yet have clear arrangements regarding the sound of the evidence submitted by court friends both from the law and the Criminal Procedure Code.Keywords: Position-Friends of the Court-Justice System
ORGAN HARVESTING TERHADAP PRAKTISI FALUN GONG OLEH CHINESE COMMUNIST PARTY DI TIONGKOK BERDASARKAN UNITED NATION CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT (UNCAT) Mela Kristina; Maria Maya Lestari; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Human rights are widely considered to be the fundamental moral rights of people, in which necessary for human dignity. Human rights thus serve a greater social purpose, and it is a legal system that informs us at a certain point in time when rights are considered to be the most basic in society. Even if human rights are considered inalienable, the moral attributes of the people that the state cannot violate this, rights still have to be identified, that is, they are constructed by humans and codified in the legal system.The type of research carried out through normative-juridical research where this research is conducted on the basis of legal principles which started from certain written authorities as well as priorly identifying the provisions that has been enshrined in certain law. In this study, the data sources used were secondary data with primary, secondary and tertiary legal materials carried out.The results obtained through the research proves that, there are three main points that can be concluded. First, in the eyes of international law, both ordinary prisoners and political prisoners/prisoners of conscience must be treated like self-determined humans. This is clearly stated in the Bill of Rights, even prisoners are prohibited from being treated inhumanely. Second, torture of humans is a serious violation of human rights. Organ harvesting without consent has been considered a crime under international law, including organ trafficking is illegal in most countries. In this Falun Gong case, the members' organs were removed without the consent of the prisoners or the prisoners' families. Third, every action taken, eventually there comes responsibility. Furthermore, this is applicable in the international community. If a country commits an internationally wrongful act, in another sense, an act committed by a country in which the act is deemed to violate international legal obligations, both arising from treaties and international customary law that is erga omnes in nature, there will arise state responsibility/liability.Keywords: Human Rights – Organ Harvesting – State Responsibility
TINJAUAN YURIDIS TERHADAP TINDAK PIDANA PENYIRAMAN AIR KERAS STUDI KASUS PUTUSAN PENGADILAN DENGAN (NOMOR PERKARA 372/PID.B/2020/PN JKT.UTR)
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

Dousing hard water is a criminal act that can endanger an individual's life, hard water is a fairly concentrated acid solution, when hard water hits the skin it can cause severe pain, even skin burns, someone who is exposed to hard water will experience physical damage, even it can causing permanent injury. Criminal provisions for criminal acts or offenses for maltreatment themselves are included in the Criminal Code, namely in Articles 351 to 358 of the Criminal Code. The purpose of writing this thesis: first, to find out the basis for the judge's consideration in making a decision with case number 372 / Pid.B / 2020 / PN Jkt.Utr against the perpetrators of sprinkling hard water. Second, to find the ideal sanction against the perpetrators of sprinkling hard water in the criminal justice system in Indonesia. The author conducts normative juridical research or literature study in order to obtain secondary data through documentary studies by studying and analyzing a comparative descriptive of laws and regulations with theories that have a relationship to the problems studied. From the research results, there are two main points that can be concluded. First, the basis for the judge's decision in making a decision against the perpetrator of hard water sprinkling persecution with Decision Number 372 / Pid.B / 2020 / PN Jkt.Utr is that the judge only sees the actions committed by the perpetrator without seeing or considering the consequences of the actions of the perpetrators. the perpetrator. Second, the ideal sanction for the perpetrators of mistreatment of sprinkling hard water in the criminal justice system in Indonesia is that apart from seeing the actions committed by the perpetrators, they must also consider justice for victims who have been harmed, then looking at similar cases, the punishment should at least be imposed on the perpetrators 5 (five) years in prison or the equivalent of a similar case previously and added to pay for the cost of treatment for victims who certainly need intensive care in the hospital and after recovering mentally they must also be given treatment because the disability experienced by the victim is very likely to make the victim depressed and depression. The author's suggestion is that the judge in making a decision should look at similar cases, how similar cases are handled, how the decision is made which will be taken into consideration by the judge to decide the same case. In order to impose a sentence on a defendant of a criminal act of maltreatment, it should consider the consequences experienced by the victim, whether the victim is lightly injured, seriously injured or disabled, all of which must be taken into consideration by the judge in deciding a decision. The ideal sanction, according to the author, sees the consequences experienced by the victim, namely permanent disability so that the daily activities of the victim are interrupted and seen from the victim is a KPK investigator whose safety should be extra guarded instead of receiving this kind of abuse, the ideal punishment is at least a minimum of five years in prison, or at least similar to similar cases where there is no sentence under seven years in prison, so that justice can be obtained by the victim, give clear effects to the perpetrator and so that the same thing does not happen to anyone and fulfill community anxiety. Keywords: Juridical review - Crime - Flushing with hard water - Case Number 372 / Pid.B / 2020 / PN Jkt.Utr
PERAN PARTAI POLITIK TERHADAP LAHIRNYA PERATURAN DAERAH (PERDA) DI PROVINSI RIAU
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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The existence of a Regional Regulation is an embodiment of thegranting of authority to the Region in managing and regulating its own household,because there are parts of regional affairs besides being regulated in law and mustbe further regulated by regional regulations. In the birth of the PERDA, politicalparties have their own role, because in article 11 paragraph (1) of Law Number 2 of2011 concerning Political Parties, one of the functions of political parties is as ameans to absorb, collect, and channel the political aspirations of society informulating and establish State policies. Likewise in Riau Province, the ProvincialGovernment or the Executive together with the Provincial DPRD has createdPERDA for the Riau Community.This type of research can be classified as sociological juridical, namely aresearch approach that emphasizes the legal aspects regarding the subject matter tobe discussed, associated with the reality in the field. This research was conducted inpolitical parties in Riau Province. Sources of data used are primary data andsecondary data, data collection techniques in this study are by observation,questionnaires, interviews and literature review.In the research results, there are three main points that can be concluded.First, the role of each political party in Riau Province is relatively similar, the onlydifference is the timing of the implementation of policies or programs carried out byparties and also a little difference is that there are a few internal party programsthat are not owned by other parties. Second, that the role of every political party inRiau Province in the formation of regional regulations has been carried out well,even though the parties must be more maximal in carrying out their role. Third Interms of the formation of regional regulations, political parties have based on thetheory of people's sovereignty, because political parties absorb the aspirations of thecommunity, political parties also open space for discussion and direct meetings withthe community.Keywords : Role of Political Parties - Regional Regulations - People's sovereignty
TINJAUAN YURIDIS PERATURAN MENTERI HUKUM DAN HAK ASASI MANUSIA NOMOR 10 TAHUN 2020 TENTANG SYARAT PEMBERIAN ASIMILASI DAN HAK INTEGRASI BAGI NARAPIDANA DAN ANAK DALAM RANGKA PENCEGAHAN DAN PENANGGULANGAN PENYEBARAN COVID-19 DALAM PERSPEKTIF HAK ASASI MANUSIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Legal protection for prisoners can be interpreted as an effort to protect the law against various freedoms and human rights, as well as various interests related to legal protection of prisoners. Understanding the foregoing, it can be concluded that the Standard Minimum Rules (SMR) which are the result of the first United Nations (UN) Congress on Crime Prevention and the treatment of lawbreakers, are very important in ensuring the rights of prisoners. As a result of the impact of the Covid-19 Pandemic which hit the world, especially Indonesia, it is very important for the government to take a stance considering the conditions of prisons have been overcrowded. So that the Minister of Law and Human Rights gave birth to a policy in the form of Ministerial Regulation of Law and Human Rights Number 10 of 2020, to provide assimilation and integration rights that conditional release of approximately 30,000 more prisoners. The objectives of writing this thesis are: First, to find out a juridical review of the Regulation of the Minister of Law and Human Rights Number 10 of 2020 concerning the Terms of Providing Assimilation and Integration Rights for Prisoners and Children in the Context of Preventing and Combating the Spread of Covid-19 in a Human Rights Perspective. Second, to find out the urgency of the formation of Minister of Law and Human Rights Regulation Number 10 of 2020. This research is a normative legal research. This is based on literature research that takes quotations from reading books, or supporting books that are related to the problem to be studied. This study uses data sources in the form of secondary data sources consisting of primary, secondary or tertiary legal materials. This study also uses qualitative data analysis and produces descriptive data. From the results of the research conducted, there are several conclusions obtained, namely: First, the Ministry of Law and Human Rights takes steps to save prisoners and children in prisons, where prisoners need the right to survive and get health in conditions during the Covid-19 pandemic. Second, the policies created by the Government are appropriate and hierarchically in accordance with the prevailing legislative framework. This regulation is very necessary considering health emergencies and conditions of prisons that are vulnerable to the Covid-19 pandemic. It is hoped that in the future the people in Indonesia will help each other in conditions outside of correctional institutions as regulated in the Regulation of the Minister of Law and Human Rights Number 10 of 2020 concerning the Conditions for Providing Assimilation and Integration Rights for Prisoners and Children in the Context of Preventing and Combating the Spread of Covid-19 . Keywords: Human Rights Assimilation-Integration-Covid-19-Human Rights
PENGARUH VICTIMBLAMING (PENYALAHAN KORBAN) TINDAK PIDANAPORNOGRAFI BALAS DENDAM TERHADAP PROSES PENEGAKAN HUKUM DALAM SISTEM PERADILAN DI INDONESIA Deby Rahmatul Fitri; Erdianto Erdianto; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

Revenge pornography is an act of pornography by utilizing the possession of pornographic material that is legally obtained but disseminated with the aim of revenge. The purpose of the perpetrator is not only to spread pornographic photos but to get back the hurt he has experienced. Revenge pornography is potentially even more dangerous and lasting than real-life harassment. In this writing the author focuses on women as victims who in practice, the influence of victimblaming is still more dominant than the victim perspective approach and the victim's mental recovery. The purposes of writing this thesis are: first, to determine the extent of victimblaming's influence on victims of revenge pornography in the law enforcement process in the Indonesian judicial system. Second, to find out how ideal the protection of victims of revenge pornography crime who has experienced victimblaming in the justice system in Indonesia.The author conducts research using the normative juridical method or literature study in order to obtain secondary data through documentary studies, namely by studying and analyzing comparatively descriptive of the laws and regulations with theories that have a relationship to the problems studied. From the research results, there are two main things that can be concluded: First, the effect of victimblaming on victims of revenge pornography crime in the law enforcement process is that so far, revenge porn has mostly occurred in the context of blaming the victim, negative reactions that have emerged have made victims reluctant to report their cases and cause absence of law enforcement processes. Second, ideally the protection of victims of revenge pornography by prioritizing the mental recovery of the victim.Keywords: effect - victim - victimblaming - revenge porn - protection
PERBANDINGAN PENGATURAN SANKSI PIDANA TERHADAP PELAKU PEDOFILIA DALAM HUKUM POSITIF INDONESIA DAN HUKUM ISLAM Vidya Sanaya; Erdianto Effendi; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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This study examines the punishment for pedophiles from a perspective Indonesian positive law and Islamic law. This paper focuses on the fall penalties for pedophiles, who then compare penalties for pedophiles based on both sources of law, namely positive law and Islamic criminal law.This type of research can be classified in the type of normative research. In this study, the focus is to examine the comparison of punishments from the two sources of law, namely Indone-sian positive law and Islamic law. The data source used is secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The data collection tech-nique in this research is the literature review method, after the data is collected then it is ana-lyzed to draw conclusions.The results of the study were analyzed using a comparison of the two legal concepts. From the two sources of law, there are differences in the punishment of the two concepts of legal sources. In Indonesia's positive law, penalties for pedophiles are the main punishment in the form of imprisonment and deda as well as additional penalties in the form of announcing the identity of the perpetrator, rehabilitation, chemical castration and the installation of electronic detection devices. In Islamic law, the punishment for a pedophile if what the pedophile commits is an act of adultery, the punishment is punishment for adultery (had az zina), which is stoning to death if it is muḥṣān (married) or whipping a hundred times if not muḥṣān and exiled for a year. If what the pedophile does is liwath (homosexual), then the punishment is the death penalty, not something else. If what is done is sexual harassment (at taharusy al jinsi) which does not lead to adultery or homosexuality, the punishment is ta'zir.Keywords : Punishment – Pedophilia - Indonesian positive law and Islamic law.
PERLINDUNGAN HUKUM TERHADAP PELAPOR DALAM TINDAK PIDANA NARKOTIKA DI WILAYAH KEPOLISIAN RESOR KOTA PADANG Amirahni Zahra Tripipo; Mexsasai Indra; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Revealing acts of criminal narcotics is , the apparatus not only obtain information from the actors , but the role and the community in helping officers enforcement of law to prevent and members antas abuse of narcotics . The importance of security guarantees and legal protection for whistleblowers so that the public does not feel afraid to report a crime that is associated with the offense of criminal narcotics , and with the assurance that real and Dapa t perceived by a complainant . This study aims to determine the implementation, obstacles and legal protection efforts against narcotics reporters at the Padang City Police.Type of research this can be classified into types of research sociological , because the study 's author Ian gsung conduct research into the location or field point that in carefully in order to provide an overview as complete and clear about the problem that is investigated . Research is conducted in satresnarkoba Police Padang while the population and the sample is a whole party that is associated with a problem that is investigated in the study of this source of data that is used primary data Data secondary and the data tertiary technique of collecting the data in the study is to interview and study of literature .From the results of the research there are three things staple that can be inferred . First , implementation of protection of law against the complainant in the investigation of acts of criminal abuse of narcotics in the Unit of Investigation Narcotics Police of Padang is the way : security protection , Concealing the identity of the complainant, the complainant did not present in court. Second , k endala constraints the implementation of legal protection against the complainant in a criminal offense narcotics Investigation Unit Narcotics Police of Padang, namely: Not existence of the institution the Agency in the area of West Sumatra as well , especially in the province in Padang , lack of participation of the public in reporting acts of criminal narcotics , Rapporteur still doubted the protection that would be given by officers of police , lack of budget operations and a member of the program of protection of witnesses . Third , efforts to overcome the obstacles in the legal protection against the reporting acts of criminal narcotics in Unit Detective Narcotics Police Resort Padang namely: Addition of Members and and optimization of budgetary funds, Doing dissemination to the public , provide an understanding to the public in order to not be afraid to report any acts of criminal narcotics to the apparatus of police , treat the complainant with a good and true , Giving rewards to whistleblowers . The author's suggestion is that the public is expected to participate in reporting criminal acts of narcotics, and not be afraid to report them to law enforcement officials so that the future of the nation is safe from drugs.Keywords: Legal Protection - Reporting - Narcotics
Larangan Perkawinan Sesuku Pada Masyarakat Adat Suku Domo di Desa Rumbio Kabupaten Kampar
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Ethnic marriage is a relationship of association and marriage or marriage between a man and a woman who is still in the same ethnic relationship. There are three systems of traditional marriage, The background of this research examines that tribal marriage for the domo tribe community is a customary prohibition that must be obeyed by the indigenous community. However, in fact, the swiftness of the era of globalization has destroyed the cultural values of the domo tribe, which in the end, there has been a violation of the prohibition of inter-ethnic marriage. Violation of this prohibition has legal implications, namely that the offender is given very heavy sanctions and is not allowed to marry in the village where he lives. The purpose of this study was to determine the factors causing the prohibition of tribal marriages in the indigenous peoples of the domo tribe in Rumbio Village, Kampar Regency, and to determine the sanctions imposed on violations of the prohibition of tribal marriages in the domo tribal community in Rumbio Village, Kampar Regency.This type of research can be classified in the type of sociological research, because in this study the author directly conducts 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 in Rumbio Village, Kampar Regency, while the population and sample are all parties related to the problems studied in this study, the data sources used, primary data, secondary data, and tertiary data, data collection techniques in this study are observations. , interviews and literature study.From the research, there are three main points that can be concluded. First, the factors that cause the prohibition of tribal marriages are the existence of blood relations, unqualified offspring, narrow associations, can break the ties of brotherhood, break lineages, the existence of the kowi oath, and the domo tribe that is not divided. Second, the sanctions for violations of the prohibition of inter-ethnic marriage are being ostracized in the community, evicted from the village and expelled from the five koto nagari, being fined with an ox, being fined with rice / rice as much as one Rangkiang / Lumbung Padi. Author's suggestion, first, to prevent the occurrence of inter-ethnic marriages, Ninik Mamak in Rumbio Village, Kampar Regency, is able to provide socialization to the community, especially regarding customary regulations regarding the prohibition of inter-ethnic marriages, thereby creating awareness and compliance so that no more people consider the provisions customs regarding the prohibition of tribal marriages are no longer in accordance with the times or violate human rights. Second, parents should be able to heal the spirit of education for the younger generation, which in this case must be started from parents because they have an important role in the education and association of children in society so that they have more extensive knowledge so that there is no wrong or half-understanding.Keywords: Ethnic marriage, Kampar customs, Prohibition of Customary Marriages.

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