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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
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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
PROBLEMATIKA HUKUM DALAM PENERAPAN SANKSI PIDANA KEBIRI KIMIA BAGI PELAKU TINDAK PIDANA KEKERASAN SEKSUAL TERHADAP ANAK DI INDONESIA Krisananda, Aldi; R, Mukhlis; Ferawati, Ferawati
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

Punishment against the perpetrators of sexual violence against children as stipulated in law number 17 of 2016 concerning the protection of Children, with the threat of punishment to a maximum of 20 years in prison until chemical castration punishment for perpetrators. Sexual violence against children in Indonesia continues to increase, with the passing of law number 17 of 2016 concerning child protection, which includes the punishment of medical ethics in Indonesia. In terms of human rights, chemical castration punishment is torture and humiliates human dignity, whereas in the medical code of ethich, chemical castration is a punishment that violates the doctor’s oath states that every doctor must prioritize the patient’s health.This type of research is used by using normative juridical research, namely legal research conducted by examining the standard rules that have been recorded. The focus is to examine what are the problems in the application of chemical castration criminal sanctions in Indonesia.The research results show that castration punishment does not contradict human right because castration is a detterent so that the perpetrator does not become a sexual predator. Castration is included in the theory of the purpose of punishment, this theory considers punishment as a deterrent, scares off the perpetrator both in general and specifically as well as corrects the offender so as not to commit crimes of sexual violence against children and the executor for perpetrators of sexual violence against children is carried out by the Indonesian police through the police doctor (Dokpol) and the responsibility is no longer to IDI but to the state.Keywords: Human Right, Castration Penalty, Medical.
MEKANISME CHECK AND BALANCES DALAM PENERBITAN UNDANG-UNDANG NOMOR 2 TAHUN 2020 TENTANG KEBIJAKAN KEUANGAN DAN STABILITAS SISTEM KEUANGAN UNTUK PENANGANAN PANDEMI CORONA VIRUS DISEASE 2019 (COVID- 19) DAN/ATAU DALAM RANGKA MENGHADAPI ANCAMAN YANG MEMBAHAYAKAN PEREKONOMIAN NASIONAL DAN/ATAU STABILITAS SISTEM KEUANGAN Siregar, Nurasiah; Firdaus, Emilda; Indra, Mexsasai
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.
SINKRONISASI PERATURAN DAERAH KOTA PEKANBARU NOMOR 12 TAHUN 1998 TENTANG RENCANA UMUM TATA RUANG TERHADAP UNDANGUNDANG NOMOR 1 TAHUN 2011 TENTANG PERUMAHAN DAN KAWASAN PERMUKIMAN DALAM PEMANFAATAN RUANG UNTUK KAWASAN PERMUKIMAN DI KOTA PEKANBARU Sinaga, Yusril Fahmi; Indra, Mexsasai; Edorita, Widia
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

Basically, meeting the need for a house as a place to live or occupy is theresponsibility of the community itself. However, the government, local governments, andprivate companies engaged in housing development are encouraged to be able to assist thecommunity in meeting the need for a house as a place to live or shelter. In the use of space forresidential areas in Pekanbaru City is not evenly distributed, we can see this from the divisionof clustered built areas. Therefore, the Government must make a policy to even out thedevelopment of residential areas. The purpose of writing this thesis, namely: First, todetermine the synchronization of Pekanbaru City Regional Regulation No. 12 of 1998concerning the General Spatial Plan of Law no. 1 of 2001 concerning Housing and SettlementAreas in spatial use for residential areas in Pekanbaru City. Second, to determine the role ofthe Government in the use of space for housing and residential areas.This research is a sociological juridical legal research, which is a research approachthat emphasizes the legal aspects (laws and regulations) with respect to the subject matter tobe discussed, linked to the realities in the field. This study uses primary data sourcesconsisting of primary, secondary and tertiary legal materials.From the research results, it is concluded that, first, that the synchronization betweenPekanbaru City Regional Regulation Number 12 of 1998 concerning General Spatial Planningwith Law Number 1 of 2011 concerning Housing and Settlement Areas fully supportspreserving the environment by utilizing space for residential areas according to with itsdesignation as long as it does not conflict with statutory regulations. By directing policieswisely in controlling spatial use through zoning regulations, licensing, providing incentivesand disincentives, and imposition of sanctions. Second, the role of the Pekanbaru CityGovernment is an embodiment of the distribution of powers in carrying out governmentaffairs, having full authority to regulate its own regional household affairs as mandated inArticle 18 of the 1945 Constitution of the Republic of Indonesia. As well as Pekanbaru CityGovernment can maximize the existing space by minimizing the obstacles that occur.Keywords: Synchronization-Spatial Use– Settlement Areas
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENCABULAN DI KABUPATEN 50 KOTA Putri, Melya Deana; Effendi, Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

As the law states, it is appropriate that the principles of a rule of law must be respected nd upheld, one of the principles is justice, which is the most central idea and at the same time the highest goal taught by every religion and humanity. The crime of sexual immorality is an immoral act committed against minors. In this case it is related to cases of sexual immorality in the District 50 Cities. The purpose of writing this thesis is first to know law enforcement against criminal acts of obscenity in the jurisdiction of District 50 Cities. Second, to determine the factors that hinder law enforcement of the crime of obscenity in the District 50 Cities. This type of research that wants to know the relationship between law and society, this research was conducted at the 50 City District Police, while the population and sample were all parties related to the problem studied, in this study the data source used was primary. data, secondary data, and tertiary data, data collection techniques in this study with interviews and literature study. From the results of the research problem, there are two main points that can be concluded. First, law enforcement against criminal acts of obscenity in the District 50 Cities is carried out by non-penal means, namely providing assistance to victims when taking legal channels, starting from reporting to the police so that their cases are processed, because the obstacles faced in this law enforcement are people who do not want to report, because they think it is all a disgrace to the family and if it is reported it will incur costs. Second, the inhibiting factor in law enforcement, namely internal and external factors. The author's suggestion, first, is expected to continue to make preventive efforts such as conducting socialization to remote areas. Both communities want to report to the authorities regarding the crime of sexual immorality.Keywords: Law Enforcement - Crime - Fornication
KRITERIA PENERAPAN AMNESTI OLEH PRESIDEN REPUBLIK INDONESIA Lase, Martinus; Indra, Mexsasai; Lestari, Maria Maya
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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This research was motivated by giving amnesty to sister Baiq Nuril who triggered various legal problems. Because it’s in a legal habit international and Indonesian constitutional practices, amnesty was only granted to the perpetrator of a politically motivated crime. So that a legal problems, namely the existence of legal uncertainty, absence equality before the law, and contrary to constitutionalism. The research question in this study is about how the criteria for granting amnesty and the ideal concept of granting amnesty? Next for the methodology used in this research is legal research normative, and analyzed qualitatively using Stufenbau theory (stufentheorie) and Hans Kelsen’s theory of positive law. In a draw the conclusion of the author uses the inductive thinking method.Of all the regulations governing the granting of amnesty, the criterion is not clear, even between Article 14 paragraph (2) of the 1945 Constitution and Law no. 11 of 1954 About Amnesty is not harmonious so that it is against stufentheorie. In ideal concept, the President must obtain amnesty approval from the DPR, in order to comply with constitutionalism. However based on analysis that has been done, it can be concluded that the legal basis of giving the criteria for amnesty by the President of the Republic of Indonesia are not clear and tend to be the direction of absolutism. Therefore, ideally the implementation of amnesty by the President Republic of Indonesia, it is based on international legal traditions and traditions Indonesian constitutional law which will be written in the regulations legislation. So the government should give amnesty, first should amend the constitution, make the Presidential Institute Law, amend it The Amnesty Law and changes to the Law on Clemency in order attainment of justice with legal certainty for all Indonesian citizens.Keywords: Amnesty Criteria – Amnesty Concept
PENYIDIKAN TERHADAP MASSA PELAKU TINDAK PIDANA MAIN HAKIM SENDIRI (EIGENRICHTING) DI KEPOLISIAN RESOR KUANTAN SINGINGI Andre Gunawan; Erdianto Erdianto; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Eigenrichting is a form of violation of the rule of criminal law, because it is an act committed by an unauthorized person and is carried out according to their own will which is contrary to the law. This condition will not emerge by itself, because basically people do not want to commit violence, but because there are things that force them to take vigilante actions, there are various forms of vigilante action. In this case, Vigilante Crimes often occur in the jurisdiction of the Kuantan Singingi Police, where these cases occur almost every year resulting in cases continuing without clarity from the reporting party. In 2015 there were 8 cases, 6 cases were resolved with 15 suspects. In 2016 there were 5 cases and 2 cases were resolved with 10 suspects. In 2017 there were 13 cases, 5 cases were resolved with 13 suspects. In 2018 there were 7 cases and 5 cases were resolved with 12 suspects. then in 2019 there were 17 cases and 11 cases were resolved with 24 suspects. And in 2020 there were 6 cases and 6 cases were resolved with 12 suspects.This research uses empirical legal research or sociological legal research. The samples in this study were the Head of the Kuantan Singingi Police Criminal Investigation Unit, the Kuantan Singing Police Criminal Investigation Unit, Community and Community Leaders. The analytical tool in this research is a qualitative way. This study found that there are things that are not optimal in reality in the field, so it is necessary to anticipate with maximum effort.This study concludes that the investigation of the mass who committed the crime of vigilantism at the Kuantan Singi police resort has not been running optimally. This is reinforced, as almost every year vigilante crime occurs and the case continues without any clarity from the reporting party. In addition, there are several obstacles in the field, such as the limited number of police in the Kuantan Singingi Resort, inadequate coordination between one law enforcement apparatus and another, and local cultural factors that are less participatory in legal developments.Keywords: Main Judge Alone Crime – The crowd - Kuantan Singingi Police
MODEL PIDANA KERJA SOSIAL SEBAGAI PENGGANTI PIDANA KURUNGAN DALAM RANGKA MENGATASI PERMASALAHAN KELEBIHAN KAPASITAS LEMBAGA PEMASYARAKATAN DI INDONESIA Yolanda Rizky Rinaldi; Emilda Firdaus; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Almost all prisons and detention centers in Indonesia face the problem of overcapacity which causes prisons unable to carry out their functions optimally. This is because criminalization in Indonesia is more inclined towards imprisonment. The criminal service order is present as an alternative punishment to the crime of deprivation of liberty. The existence of Criminal Service Order is expected to be a solution to the problem of overcapacity in correctional institutions in Indonesia. The purpose of writing a thesis, namely; First, to find out and understand whether the Criminal Service Order’s Model can be used as a Substitute for the Crime of Imprisonment in the Context of Overcoming the Problem of Overcapacity in Prisons in Indonesia.This type of research used in this legal research is normative juridical method, because the purpose of this study is to provide a systematic and comprehensive description or description. In this study the authors conducted research on legal synchronization, by identifying in advance the legal principles that have been proposed in the RUUKUHP. The data source used is secondary data. The data collection technique in this research is the literature review method after the data is collected and then analyzed to draw conclusions.From the results of research and discussion it is known that, first, imprisonment penalties that implement a system of deprivation of liberty do not have a useful purpose of punishment and result in overcapacity in prisons. The emergence of social work punishment as a substitute for imprisonment is deemed to be commensurate with the criminal act committed, namely minor crimes with a short sentence. And a convicted social worker does not need to live in a correctional facility. Second, social work punishment as a substitute for imprisonment would ideally be implemented in Indonesia if in carrying out the sentence there is supervision from the supervisory team and in its implementation there is cooperation with the Social Service and the Environmental Service.Keywords: Criminal Serivice Orders – Criminal Confinement – Over Capacity – Correctional Institution
PELAKSANAAN PERJANJIAN KERJASAMA PROGRAM SANITASI MASYARAKAT DI KOTA PEKANBARU Akbar, Muhammad Fauzi; Ismi, Hayatul; Firmanda, Hengki
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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In the development of this Community Sanitation Program, the Pekanbaru City government through its Work Unit entered into an agreement with the Community Self-Reliance Institution. This is stated in the Collaboration Agreement for the Community-Based Sanitation Program of 2017 Number 09 / SPKS / SANIMAS-IDB / PIP-PKU / VII / 2017 on July 5, 2017. However, in its implementation there have been various problems related to the rights and obligations carried out by the two defenses. the promised party. Therefore, this study aims to: find out the rights and obligations of the parties based on the Cooperation Agreement for the Community Sanitation Program in Pekanbaru City. As well as obstacles and efforts to resolve defaults in the Community Sanitation Program Cooperation Agreement in Pekanbaru City. The method used in writing this research is a qualitative approach, with 2 key informantsThe results of this study indicate that: 1) The government through the work unit has fulfilled its obligations to make project payments, and the MFI has received the right and fulfilled its obligations. However, the implementation of the obligations (the construction of WWTP in Kelurahan Cahaya Limbungan) is still not in accordance with the agreement, especially in relation to the processing time and also the location of the construction. 2) the obstacles faced in fulfilling the rights and obligations are related to the project execution time. the government only pays for projects in accordance with the progress of physical development. Therefore, the settlement of this default is that the government provides a grace period for the MFI to complete the project, without any additional costs from the governmentIt can be concluded that there were problems in the field, in which the parties did not carry out their obligations properly which triggered defaults. It is better if the parties who are bound by the agreement can carry out what they have promised so that there is no problem in the field..Keywords: Agreement, Cooperation, Default.
PENYELESAIAN KREDIT MACET ANTARA BANK BPR PIJER PODI KEKELENGEN DENGAN NASABAH PADA PT. BPR PIJER PODI KEKELENGEN DI CABANG SIMPANG POS MEDAN Oktanika, Edward; Jayakusuma, Zulfikar; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Bad Credit Settlement is action resolve a situation where the bank customer is unable to pay partially or completely of the liability to bank as promised between the bank customer and bank. Bank is a business entity that collects funds from the public in the form of saving and distributes in to the public in the form of credit in order to improve the standard of living of the people. Act number 10 of 1998 about banking, classifies bank in two types commercial bank and BPR. BPR is bank financial institutions that accept deposits only in the form of deposits, savings or other form channel funds in the form of credit to improve the standard of living of people carrying out business activities through conventional or syariah principles. In its activities it does not provide services and taffict payment. Bank Customer are parties who use bank service.This type of research is an empirical juridical research or sociological law research, namely a research approach that emphasizes the legal aspect regarding the subject matter to be discussed, associated with the realitiesin the field. This research was conducted in the office PT. BPR Pijer Podi Kekelengen branch company Simpang Pos Medan. The simple and population are customer and bank that etered into a credit aggrement.source of data obtained based on primery and secondary data. Data collection techinques in research using observation, questionnaires, interview, and library studies.Of the research, there are two things that can be concluded, first the settlement of bad credit at bank PT. BPR Pijer Podi Kekelengen branch Simpang Pos Medan. Second, the rights and obligations of the parties in the credit agreement between bank and bank customer at bank PT. BPR Pijer Podi Kekelengen branch company Simpang Pos Medan.Keyword: bad credit settlement – bank – bank customer
IMPLEMENTASI TUGAS PENGHULU TERKAIT PEMBANGUNAN JALAN PEDESAAN BERDASARKAN PERATURAN MENTERI DALAM NEGERI NOMOR 84 TAHUN 2015 TENTANG SUSUNAN ORGANISASI DAN TATA KERJA PEMERINTAHAN DESA DI KAMPUNG DAYUN KECAMATAN DAYUN KABUPATEN SIAK PROVINSI RIAU Syahputra, Julpan; Firdaus, Emilda; Artina, Dessy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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The implementation of road construction is the most basic means that aim to support the smooth running of human transportation networks. The welfare of the community can be seen from the physical condition of the area regarding the facilities provided by the government. Building village independence within the village framework must begin with a good village planning process, and be followed by good program governance as well. Effective rural development is not merely an opportunity but the result of determining priority choices for good planning activities. The village government as the lowest government unit plays a frontline role in governance and development. In the Regulation of the Minister of Home Affairs Number 84 of 2015 concerning the Organizational Structure and Work Procedure of Village Administration, Article 6 paragraph (2) states that "The village head is in charge of organizing village governance, implementing development, community development and community empowerment".This type of research is juridical empirical research or sociological legal research, namely a research approach that emphasizes the legal aspects relating to the subject matter to be discussed, linked to the reality in the field. This research was conducted at the Office of the Pengulu Kampung Dayun and the Office for Community Empowerment and the Village of Siak Regency, while the sample population is all parties related to the problem under study. Sources of data used are primary data and secondary 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 implementation of the duties of the village head regarding the construction of rural roads has not been carried out properly. The two inhibiting factors in rural road development are budgetary factors, delays in the implementation of village funds, coordination of related parties, and rarely conducting village meetings. The three future efforts made by the village head in rural road development are the need to plan village development and use local resources.Keywords: Implementation - Development - Rural Roads

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