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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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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
DISPARITAS PUTUSAN PIDANA TERHADAP TINDAK PIDANA NARKOTIKA BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

Judicial power is a guide for judges in forming an independent judiciary. This means the power of the judiciary is free from the intervention of the parties and the power of the State unless otherwise determined by law. The freedom of the judge in passing his decision has a negative impact, namely criminal disparity. In this paper, the author focuses on the occurrence of funding disparity against the criminal decision of narcotics abuse issued by the Pekanbaru High Court. The purpose of writing this thesis: First, to know the judge’s perspective in deciding the decision of the appellate court on narcotics crime cases under Law Number 35 of 2009 on Narcotics. Second, to know the negative impact that arises from the disparity of punishment on law enforcement of narcotics crime. Third, to know the right conviction idea to solve the problem of narcotics trafficking in Indonesia. The author conducts this research with normative research methods or library studies in order to obtain secondary data obtained from documentary studies that is by studying and analyzing descriptively comparatively to the legislation with theories related to the problems studied. From the result of the study there are three main things that can be concluded: First, the Pekanbaru High Court’s Judge has different perspectives in making decisions, thus causing disparity of punishment. Second, the negative impact from this disparity of punishment is the emergence of social jealousy and negative views by the defendant, the community and the community that have potential to commit a narcotics crime against judicial institutions. Third, the right conviction idea to solve the problem of narcotics trafficking in Indonesia can be done by establishing the idea of a “Double Track System” punishment. The author's advice, the panel of judges in imposing criminal sanction must be based on consideration that have truly provided a sense of justice to each party and the need for a guiding instrument for the administration of crimes in criminal law in Indonesia.Keywords: Disparity – Judgement – Narcotics Crime
ASPEK HUKUM PIDANA DALAM JASA PEMBUATAN TUGAS AKHIR MAHASISWA DI PERGURUAN TINGGI Bella Maida Sasmita; Erdianto Effendi; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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The thesis jockey phenomenon occurs due to a combination of the education culture in Indonesia which is oriented towards the final grades and the mentality of the students themselves, plus the absence of firm regulations. The rise of thesis writing services in several cities is a serious challenge for existing universities. This practice is an act that can be said to be disgraceful or intellectual fraud.The purpose of this research is to find out how the aspects of criminal law are in the making of final assignments in higher education and how the criminal law policy towards final assignment making services in tertiary institutions for the future. The research method used in this thesis uses normative legal research methods, namely legal research that examines statutory regulations and legal principles.From the research, there are two main points that can be concluded. First, the aspect of criminal law in the services of making final assignments in tertiary institutions, namely that it cannot be included in the criminal act of fraud or contained in the Criminal Code because the elements of fraud are not fulfilled which for its perfection must have consequences. and one of them is due to the existence of the principle of legality in criminal law which states that a person cannot be convicted if there is no law that regulates it. Even though the act of making the final project is considered despicable, criminal sanctions cannot be given. Second, criminal law policy is an effort to make good criminal law regulations essentially inseparable from the goal of overcoming crime. In criminal law policy, the provision of crimes to tackle crimes is one of the efforts in addition to other efforts. The author's suggestion, First, it is hoped that the government will pay more attention to how the implementation of the world of education in Indonesia at this time, especially in universities by providing more specific arrangements regulating final assignment making services, and the campus should better monitor the process of making student final assignments, especially as supervisors. Second, it is hoped that the government can add to the thesis jockeying act in the National Education System Law and the Higher Education Law for academic fraud in addition to just plagiarism. Even if it cannot be changed or revised, it is hoped that there will be new regulations that specifically regulate the existence of legal certainty.Keywords: Juggling, Student Final Project, College, Criminal Aspects
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENJUALAN MIE BERFORMALIN DI KOTA PEKANBARU Nova Putri; Erdianto Erdianto; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Law enforcement is a series of efforts, processes and activities to make the law work properly. One of the problems that still occur today is the criminal problem of selling formalized noodles in the Pekanbaru area. The problem of the criminal act of selling formaldehyde noodles is a very important legal problem because it can give an indication to public health, the authors still see many yellow (wet) noodle sellers who have not fulfilled proper food sales procedures maximally. so that researchers need to research related to how law enforcement related to the criminal act of selling formalin noodles in the Pekanbaru area. The purpose of writing this thesis is First to find out the law enforcement related to the criminal act of selling formalized noodles in Pekanbaru. Second, to find out obstacles in the law enforcement process related to the criminal act of selling formalized noodles in Pekanbaru. Third, to find out the ideal law enforcement solution to prevent criminal acts of selling formalized noodles in Pekanbaru.This type of research is sociological legal research, namely research that seeks a correlation between law and society. This research is descriptive in nature, namely the researcher tries to provide an overview of the cases being studied. In this study using qualitative data analysis, which means explaining and concluding about the data that has been collected by the author. This study uses codified primary and secondary data.The results of this study are law enforcement against yellow (wet) noodle sellers who are known to have problems in terms of food or the production process is not optimal. When a criminal sanction has been given, whether in the form of a warning letter of the danger of imprisonment or something else, the same case still occurs so that the prevention of this case must be carried out maximally through more stringent means or procedures. The obstacles in law enforcement are focused on one object, namely "society" itself. Starting from supervision, the lack of legal awareness and socialization in the community has not been maximal. Efforts made to overcome obstacles in carrying out law enforcement, namely the need to increase socialization in the field and the stipulated legal rules must have an impact on the community so that the same case does not happen again.Keywords : Law Enforcement-Sale-the Crime of Formalin Noodles
URGENSI PELAKSANAAN SUMPAH JABATAN PRESIDEN DAN WAKIL PRESIDEN DALAM PASAL 9 UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 DALAM PERSPEKTIF NEGARA HUKUM DI INDONESIA Habib Alhuda; Mexsasai Indra; Adi Tiaraputri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Before the President and Vice President are appointed, the implementation of the oath of office is mandatory. Apart from being the basis for the application of the power of a President, the presidential oath is also a juridical indicator to bind a President to be loyal and obedient to the constitution. However, ironically, the oath of office has not been able to have a positive impact in creating good leadership. The President's oath of office is more susceptible to being interpreted as a ceremonial ceremony rather than being interpreted in essence. The absence of limitations and scope of the oath of office norms makes this norm difficult to put into practice. The previous state practice had made the oath of office a political reason to overthrow a President, not a legal reason. Therefore, the oath of office of the President needs serious legal attention in the future. The purpose of this study was to determine the nature and urgency of the implementation of the oath of office as well as the juridical implications that arise when the oath of office is violated in a constitutional perspective in Indonesia.This research is a normative legal research. This is based on library research which takes quotations from reading books, or supporting books that are related to the problem to be studied. This study uses secondary data sources consisting of primary, secondary and 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 President's oath of office has been identified as an imperative legal norm. The interpretation of the constitution that is carried out, puts the oath of office of the President into real urgency that must be done. The presidential oath of office is also the initial evidence of the effectiveness of the President's power. Second, the President's oath of office can be used as a legal reason to impeach the President when the oath of office is violated. Legal certainty is the rationale for placing the presidential oath of office and has juridical implications when it is violated. Reorienting the oath of office of the President is also necessary in order to strengthen the presidential system itself. The scope and limitations obtained from the oath of office of the President are also implemented so that the norms of the oath of office of the President can be applied consequently. An objective and fair law enforcement must be a necessity in responding to violations of this oath of office.Keywords: Impeachment - Oath of Office - President's Power
PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA MODIFIKASI RANGKA KENDARAAN BERMOTOR RODA DUA DI WILAYAH HUKUM KEPOLISIAN RESOR KOTA DUMAI Simon Albertian Redy S; Mexsasai Indra; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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According to Law of the Republic of Indonesia Number 22 of 2009 concerning Road Traffic and Transportation Article 277 "Any person who enters a motor vehicle, trailer, and attached train into the territory of the Republic of Indonesia, manufactures, assembles, or modifies which causes a change in type, train. trailer, attached carriage, and special vehicles operated domestically that do not fulfill the type test obligation, will be subject to a maximum imprisonment of 1 year or a maximum fine of Rp. 24,000,000 ", but in practice there are still many motorists who modify motorized vehicles without paying attention to the provisions. - the provisions in the Law. This research is a sociological legal research, which is a study that seeks to see the unity between law and society with the gap between das sollen and das sein. The nature of this research is descriptive research, which is a method intended for exploration and clarification of a social phenomenon or reality by describing a number of variables relating to the problem and the unit under study. The data source is secondary data which is divided into 3 (three), namely primary, secondary and tertiary legal materials. The purpose of this study was to determine how law enforcement, constraints, and how the efforts to apply to traffic violations related to law enforcement against traffic violations in the form of violations of two-wheeled motor vehicle modification in the legal area of the Dumai City Police. From the results of the research, firstly about how law enforcement against perpetrators of violations of two-wheeled motor vehicle modification in the jurisdiction of the Dumai City Police, secondly What are the obstacles to law enforcement against traffic violations in the form of violations of two-wheeled motor vehicle modification crimes in the jurisdiction of the Resort Police. Dumai City, and third. How are the law enforcement efforts against traffic violations in the form of violations of the criminal act of modification of two-wheeled motor vehicles in the jurisdiction of the Dumai City Police.Keywords: Law Enforcement, Traffic Crime, Traffic Offenses, Modifications, Motor
PELAKSANAAN PERJANJIAN KERJA DI PABRIK SAWIT PT. ANUGERAH TANI MAKMUR (ATM) MAREDAN Suratun Suratun; Evi Deliana; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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A probationary work agreement is an agreement made between a worker and a company. This is in accordance with Article 1320 of the Civil Code (hereinafter KUHPerdata) which states that the terms of the agreement must be an agreement from the party making the agreement, the ability to make an agreement, there are certain objects or things, lawful causes. The provisions of Article 52 of Law Number 13 Year 2003 concerning Manpower are a development of Article 1320 of the Civil Code, which states that the four conditions above are required for the validity of an agreement. The provisions for workers in the probationary period agreement are in Article 60 of Law Number 13 of 2003 concerning Manpower, so the probation period is not more than 3 months. Meanwhile, workers who are contract employees are not allowed to stipulate an agreement for a probation period.This type of research is sociological legal research, namely research that examines the legal aspects by looking at the applicable laws and comparing with the implementation obtained in the field, this research was conducted at PT. Anugerah Tani Makmur Maredan, Tualang District, Siak Regency. From the results of this study, there are three things that can be concluded. First, the implementation of a work agreement on probation, the second is the reason for not implementing the agreement in accordance with the Manpower Act, the third is the efforts that the parties can make.Thus the probationary work agreement that exceeds and does not comply with the provisions of Article 1320 of the Civil Code, Article 52 and Article 60 of Law Number 13 of 2003 concerning Manpower which makes the contract made null and void by law. The author's suggestion, first it is hoped that the parties in the making or stipulation and implementation of the work agreement for the probationary period of Article 1 must be corrected in the future. Second, in signing a work agreement, you must read carefully the contents of the agreement and seek deliberation with the parties to improve the contents of the agreement so that it can benefit both parties and more clearly know whether the worker / laborer is a contract / permanent employee, can be understood from the type of work agreement received.Key words: implementation-work agreement-probationary period
MEKANISME CHECK AND BALANCES DALAM PENERBITAN UNDANG-UNDANG NOMOR 2 TAHUN 2020 TENTANG KEBIJAKAN KEUANGAN DAN STABILITAS SISTEM KEUANGAN UNTUK PENANGANAN PANDEMI CORONA VIRUS DIS-EASE 2019 (COVID- 19) DAN/ATAU DALAM RANGKA MENGHADAPI AN-CAMAN YANG MEMBAHAYAKAN PEREKONOMIAN NASIONAL DAN/ATAU STABILITAS SISTEM KEUANGAN
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Indonesia adheres to the separation of power system and adheres to the Trias politica un-derstanding, where the government system is divided into 3 rooms, legislative, executive and judicial, each of which carries out its duties and functions with a mechanism of checks and bal-ances both in normal and abnormal conditions (state of emergency). Covid-19 which became a world epidemic attacked and affected the state of a country, until Indonesia with the authority given to the 1945 Constitution to the Executive in this case the President to deal with crises and emergencies by issuing a government regulation in lieu of Law Number 1 of 2020 concerning financial policy, where it is hoped that this Government Regulation in Lieu of Law will be able to overcome the economic crisis and become a legal umbrella in terms of diverting APBN funds for the benefit of health recovery and economic recovery. The formulation of the problem pro-posed is how the mechanism of checks and balances against the government in the issuance of Law Number 2 of 2020 regarding financial policy and what is the compelling urgency in the background of the government Regulation in Lieu of Law Number 1 of 2020 concerning finan-cial policy in terms of the decision of the Constitutional Court Number 138 of 2009.This research is a normative juridical research, research conducted based on legal materials and legislation. The approach taken is close to the library approach, namely by studying books and legislation. The types of data used are primary data types, secondary data sources, namely data sources derived from books and other regulations.The theory used in this research is the theory of Trias Politica and the theory of Emergency Constitutional Law. From the research results, the trias politica theory requires a clear separation of powers in order to prevent centralized power and the issuance of government regulation in lieu of Law Number 1 of 2020 concerning financial policy into Law Number 2 of 2020 concern-ing financial policy. the important roles and tasks of the legislature, especially in terms of budg-eting or budgeting tasks with the argument to facilitate policy directions in dealing with the co-rona pandemic. And the president takes refuge in the provisions of the 1945 Constitution Article 22 paragraph (1) it is stated that in matters of urgency that force the president to have the right to stipulate government regulations in lieu of the law. This study also conducted a study on whether the issuance of this Government Regulation in Lieu of Law Number 1 of 2020 fulfilled the ele-ment of compelling urgency in accordance with the provisions of the Constitutional Court's deci-sion Number 138 of 2009.Keywords: Government regulation in lieu of law Number 1 of 2020, Trias Politica, Checks and balances, Coercive Crisis.
EKSISTENSI TANAH MASYARAKAT HUKUM ADAT DI KABUPATEN PELALAWAN PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 35/PUU-X/2012 TENTANG HUTAN ADAT Maharani Maharani; Maryati Bachtiar; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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The existence of customary law communities is recognized in Article 18B and Article 28I paragraph (3) of the 1945 Constitution. However, there are still actions that can reduce this right, namely the Forestry Law which categorizes Customary Forest under State Forest. This has resulted in a conflict between the two forests. On this matter, the Constitutional Court issued Constitutional Court Decision Number 35 / PUU-X / 2012 recognizing the rights of indigenous peoples to their customary forests. This recognition is provided as long as in reality the customary law community concerned still exists and its existence is recognized. The objectives of this thesis are: First, the existence (existence) of the customary land of the Muara Sakal customary law community (Muaro Sako) in Pelalawan Regency after the Constitutional Court Decision No. 35 / PUU-X / 2012; Second, the inhibiting factor for the existence of the ulayat lands of the customary law community of Muara Sakal (Muaro Sako) in Pelalawan Regency the legal efforts made to maintain the existence of these ulayat lands.This type of research can be classified as a sociological juridical research type, because in this study the author directly conducted research at the location or place being studied in order to provide a complete and clear picture of the problem under study. This research was conducted at the Customary Law Community of Muara Sakal (Muaro Sako), in Langgam Village, Langgam District, Pelalawan Regency. The data sources used were primary data, secondary data, tertiary data with interview data collection techniques and literature study.Conclusions can be drawn, first, the existence / existence of the customary law community community rights in Muara Sakal, Langgam sub-district, Pelalawan district, this is indicated by the existence of the customary law community Muara Sakal as the subject of customary rights, there is still Muara Sakal customary land as the object of customary rights, and still there is a relationship between the subject and the object of customary rights. Second, the absence of a Regional Regulation or Regent Decree that provides legal certainty and regulates the protection of customary rights in Pelalawan Regency, especially the ulayat rights / ulayat land of the Muara Sakal customary community (Muaro Sako), as well as the Muara Sakal customary law community have made a number of legal efforts. to obtain legal certainty in the protection and recognition of their customary rights, but it has yet to produce results.Keywords: Existence - customary rights - Muara Sakal customary community
PENEGAKAN HUKUM TERHADAP PELAKU PENGANIAYAAN HEWAN DI WILAYAH HUKUM KEPOLISIAN DAERAH RIAU Eliyani Esther Marlina; Mukhlis R; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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At this time, there are many cases of torture or killing of animals in inhuman ways. Abuse of animals is not only considered to violate moral ethics but also against positive law, because animal abuse is regulated in the laws and regulations in Indonesia. However, the implementation of the rules on animal mistreatment is still not fully implemented due to the lack of strict law enforcement given to the perpetrators of animal abuse and the lack of public knowledge and awareness of the rules related to animal mistreatment. Some cases of animal abuse that have occurred in Indonesia have only been reported. Apart from that, of the many cases of animal abuse that occurred in Indonesia, only two cases ended up being decided by the court. In Riau Province, there have also been many cases of animal abuse, both light treatment of animals in the form of neglect of animals to severe abuse of animals that cause deathThis research is a juridical empirical research or sociological legal research. Empirical juridical research is carried out by identifying the law and how the effectiveness of the law applies in society, because in this study the author directly conducted research at the location or place under study, namely the Riau Regional Police. This research is descriptive in nature, which is to provide a clear and detailed description of the problems researched by researchers, namely the Law Enforcement of Animal Abuse in Riau Regional Police. Sources of data used in this study are primary data, secondary data and tertiary data. Data collection techniques in this study were interviews and literature review.From the results of the research carried out, it can be concluded that law enforcement against perpetrators of animal abuse in the Legal Area of the Riau Regional Police has not run optimally due to the lack of seriousness by law enforcement officials to follow up on perpetrators of animal abuse. Obstacles in enforcing the law on animal mistreatment are the absence of regulations on animal mistreatment due to the low threat of criminal sanctions, the lack of seriousness of law enforcement officials and the lack of public knowledge regarding the crime of animal mistreatment Efforts taken to overcome these obstacles are by reformulating regulations related to giving heavier criminal sanctions, holding outreach and outreach to the public and increasing the capacity and seriousness of law enforcers.Keywords: Law Enforcement-Crime- Animal Abuse
PENATAAN MEKANISME PENYADAPAN PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 5/PUU-VIII/2010 Abdul Fadli; Dessy Artina; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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The use of wiretapping or interception technology is an act commonly carried out by law enforcement officials or intelligence officials whether it is used as evidence in handling cases in court or intelligence activities. In the decision of the Constitutional Court Number 5 / PUU-VIII / 2010 which granted the petitioners' petition to fully mandate that in carrying out an arrangement it is regulated in the form of a Law, which was issued in 2010 but in its realization it has not been implemented until now. In making this law on wiretapping, it has been slow, until now there has been no synchronous regulation in the wiretapping area, thus detrimental to the constitutional rights of citizens generally.The purpose of this research is to see the Security Policy, Post-Constitutional Court Decision No. 5 / PUU-VIII / 2010 and to see the structuring of the post-Constitutional Court Decision No. 5 / PUU-VIII / 2010. The research focuses on the absence of general regulations governing thoroughly about this tapping.This research is a normative legal research, because it is based on literature research that takes quotes from reading books, literature, or supporting books that have problems which will be assisted by primary, secondary and tertiary data sources. This study uses qualitative data analysis and produces descriptive data.From the results of the research, it is stated that, First, the act of tapping is an act that is legally prohibited, because it is an act that interferes with one's privacy rights. In view of this, the Constitutional Court granted the petitioners' petition in its entirety and mandated the publication of a special law on wiretapping. Second, the absence of a legal umbrella regulating spatial arrangements which is regulated by each institution does not have a strong legal basis. The author's suggestion is, First, it is hoped that before ratifying the Draft Criminal Procedure Code, especially in the field of wiretapping and the Draft Law on Tapping, to check or reassess whether the Draft Law does not harm someone's privacy rights Second, adding to the process of conducting trials that are not open to the public such as trials of children, this is carried out only when proving the results of wiretapping, or it can also be done by pretrial proceedings first. Third, the law on regulation is regulated in a special regulation which is comprehensive and fosters all formal and material aspects.Keywords: Mechanism-Tapping-The Court's Decision

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