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INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 130 Documents
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Search results for , issue "Vol 8, No 1 (2021): Januari - Juni 2021" : 130 Documents clear
PERTANGGUNGJAWABAN PIDANA TERHADAP APARAT KEPOLISIAN YANG MELAKUKAN KEKERASAN TERHADAP PENGUNJUK RASA Samadi, Muhammad Alfarid; Erdianto, Erdianto; Tiaraputri, Adi
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

Police officers may not use violence in securing demonstrations. These provisions areregulated in Article 10 Letter C of the Republic of Indonesia's National Police Regulation Number8 of 2009 concerning the Implementation of Human Rights Principles and Standards in CarryingOut Duties of the Indonesian National Police, however cases of beatings against students fromagency Students Executivein Riau se musala RRI office district, Pekanbaru. Students who aremembers of bodies Student Executivethroughout Riau consist of Riau University (UNRI), RiauIslamic University (UIR), Suska State Islamic University (UIN), and Tabrani Rab University.There were about 37 students who were injured after clashing with the police. The studentsshowed a number of wounds, in the form of bruises on their hands, head and the lips that werebroken due to the impact of the rattan by the Sabhara members.This legal research is normative legal research that is oriented towards positive legalnorms (ius constitutum), namely: research that is more focused on the implementation of positivelegal norms and principles, in the form of a statutory approach that is relevant to study theformulation of the problem of legal issues in this legal research. In this study the authorsconducted a study that examines the analysis of law enforcement against violence perpetrated bylaw enforcement officials against protesters. With the formulation of the problem, how can thecriminal responsibility of the police who commit violence while securing a demonstration bereleased from punishment? What are the limits of violence that can and cannot be done insecuring a demonstration?The author concludes that police who commit violence in a demonstration can be heldresponsible for the crime, because they are state officials who function at the demonstration toprovide security, the violence is carried out consciously by the apparatus and the form of theerrors contained in the Criminal Code. In addition, the police have professional ethics that arecarried out when carrying out their duties, so that it confirms that officers who commit violencewhile securing a demonstration can be held responsible for criminals, and the limits on violencethat can and cannot be done in securing demonstrations are contained in Republic of IndonesiaNational Police Regulation Number 9 of 2003 Procedures for Providing Services, Safeguardingand Handling Cases for Submission of Opinions in Public in Articles 23 and 24Keywords: Accountability - Demonstrations - Police
Tinjauan Yuridis Mengenai Pembelaan Terpaksa (Noodweer) Sebagai Alasan Penghapus Pidana (Studi Putusan Nomor: 1/Pid.Sus-Anak/2020/Pn Kpn) Situmorang, Lina Dwita Damryani; R, Mukhlis; Putri, Adi Tiara
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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The reason for the annulment of punishment is a regulation that is primarily aimed at judges. This regulation stipulates the various circumstances of the perpetrator, who have fulfilled the formulation of offenses as stipulated in the Law, who should be convicted, but not convicted If a person who makes a forced defense which is the reason for the annulment of punishment, is later found guilty of his treatment, then this is clearly contrary to the substance of the rule of law itself as in Article 49 of the Criminal Code.This study will examine the subject matter according to the scope and identification of the problem through a normative juridical approach, with the analysis of Decision Number 1 / Pid.Sus-Anak / 2020 / Pn Kpn. Based on the normative research method, the data source used in this study is a secondary data source consisting of 3 legal materials, namely: primary legal materials, secondary legal materials, tertiary legal materials. Data collected from literature study.Then from the results of the research related to the noodweer, there were cases related to forced defense, including in Decision Number 1 / Pid.Sus-Anak / 2020 / Pn Kpn which started from the perpetrator who made a forced defense by committing acts of persecution which led to the death of a person. , was convicted and convicted as a perpetrator of a criminal act of maltreatment and ended in the defendant being convicted by imposing a punishment for Development in an Institution at a Child Welfare Institution for 1 year. This is certainly contrary to Article 49 of the Criminal Code, which should not be punished, especially because the perpetrator is a child.Keywords: Application of Forced Defense (Noodweer) - Decision Number: 1/Pid.Sus-Anak/2020/Pn.Kpn
PERLINDUNGAN HUKUM TERHADAP NASABAH PENGGUNA ATM SETOR TUNAI PADA BANK NEGARA INDONESIA (BNI) CABANG PASAR BAWAH PEKANBARU Yarmalis, Yogi; Ismi, Hayatul; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

The use of ATMs as a facility to make it easier for customers to make cashwithdrawals with banks has changed the banking transaction process from conventionalto virtual in nature where parties do not meet in person but simply through electronicmedia. The use of ATMs, which provide various banking transactions is simpler andfaster, however in fact the use of ATMs can cause problems in usage for customers.This type of legal research is sociological legal research, which in this research, iscarried out directly into the field to collect primary data, and uses descriptive methods.Meanwhile, if viewed from the nature of this research is descriptive.The results of this study are the losses experienced by customers in carrying outcash deposit transactions at BNI ATMs Pasar Bawah Pekanbaru branch which areproblematic are material and immaterial losses. Material loss because the customer hasnot received compensation for lost money due to a malfunctioning cash deposit ATM.The immaterial loss suffered by the customer is that a lot of time is wasted in handlingthe complaints procedure to the bank. The responsibility of BNI Bank, Pasar Bawah,Pekanbaru branch for losses suffered by customers in carrying out cash deposittransactions at problematic ATMs is still not maximized, such as settlement times thatare not in accordance with SOPs. The bank only accepts customer complaint reportsand is still being processed. For compensation, the bank has not yet realized it becauseit is still in the process of settlement.Keywords: Legal Protection, Customers, ATM
PENERAPAN PENCABUTAN HAK POLITIK TERHADAP PELAKU TINDAK PIDANA KORUPSI DI INDONESIA Gabriel, Alexander Ricardo; Erdianto, Erdianto; Rahmadan, Davit
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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The growing criminal acts of corruption have made it hard work for law enforcement in Indonesia. In terms of actors, corruption is carried out not by ordinary people, but by those who have an agreed position and status in society. The phenomenon of the rise of public officials and political figures who have been trapped in corruption cases has developed enough. One effort to provide a deterrent effect for those who commit acts of corruption is to provide freedom in the form of revoking political rights.This type of research can be classified in normative legal research, namely legal research conducted by researching library materials. This study examines the subject matter in accordance with the scope and identification of the problem through a statute approach carried out by examining the laws and regulations that relate to the legal issue under study. In this study the authors conducted a study of the principles of law by utilizing descriptive methods. Data collection techniques used in the Normative Legal Research are library research methods (library research) which uses the library as a means of collecting data, by studying books as reference material related to the problems to be studied.The conclusion that can be obtained from the results of the study is the application of revocation of political rights to perpetrators of corruption in Indonesia still raises the pros and cons. The effectiveness of the adoption of political rights against perpetrators of corruption against corruption perception in Indonesia is still not good. The perception indicators of corruption that are still lagging behind a number of countries in ASEAN have an effect on the level of Indonesian competitiveness in the eyes of investors, because the corruption index is still low compared to neighboring countries. corruptors are still involved in the political process. The ideal concept of setting the revocation of political rights to perpetrators of corruption in the future must pay attention to the time limit for its imposition related to the crime committed by the convicted person also associated with the value of the loss.Keywords: Revocation of Political Rights, Actors, Crime, Corruption
PERANAN SUBDIT V POLDA RIAU DALAM PENANGGULANGAN TINDAK PIDANA TERORISME MELALUIDUNIA VIRTUAL( CYBERTERRORISM ) Silalahi, Jonathan Christoper; Erdianto, Erdianto; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Terrorism is a crime that is classified as special / extraordinary (extraordinary crime). Terrorism is considered a criminal act that not only harms others but also violates humanitarian principles. As the times developed, terrorism launched its actions by expanding its operations through computer networks or virtual worlds. In matters relating to the handling of criminal acts of terrorism through the virtual world, the role of law enforcement officials is needed, especially from Sub-Directorate V of the Riau Regional Police. The purpose of writing this thesis is: first, to find the obstacles of Subdit V Polda Riau in dealing with criminal acts of terrorism through the virtual world (cyberterrorism). Second, to find out the efforts of Subdit V Polda Riau in dealing with criminal acts of terrorism through the virtual world (cyberterrorism).The research method of this thesis uses a type of sociological legal research, research which is carried out by conducting legal identification and how the effectiveness of the law applies in society. This research is descriptive. Sources of data used are primary data and secondary data, which consists of primary legal materials, secondary legal materials, and tertiary legal materials. Data collection techniques in this study are using interviews and literature review, after the data is collected then analyzed to draw conclusions.From the results of research and discussion, it can be concluded that, first, in the implementation of law enforcement by Sub-Directorate V of the Riau Regional Police against criminal acts of terrorism through the virtual world (cyberterrorism), obstacles were found, namely from internal factors of Sub- Directorate V Polda Riau such as limited personnel and members who are less skilled and experienced in the field, minimal budget, infrastructure, and the presence of external factors such as conditions in the field or society as well as legal factors. Second, in the countermeasures carried out by Subdit V of the Riau Police against criminal acts of terrorism through the virtual world (cyberterrorism), namely by increasing the number of personnel or human resources, completing infrastructure and also increasing operational costs. In addition, investigators also provide appeals, counsel to the public on criminal acts of terrorism through the virtual world (cyberterrorism), form a special team to maximize surveillance that occurs in the community, and in facing obstacles from legal factors, it is necessary to harmonize law or policy formulation of laws. crimes relating to criminal acts of terrorism through the virtual world (cyberterrorism).Keywords: Sub Directorate V - Prevention - Crime of Terrorism – VirtualWorld
Pelaksanaan Pemberian Hibah Berdasarkan Hukum Adat Di Nagari Salayo Kabupaten Solok Muhammad Tegar Adhiyatma; Maryati Bachtiar; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Customary law is the whole custom (which is not written) and lives in society in the form of morals, habits, and customs which have legal consequences which in this case is regulated in Article 18B Paragraph (2) of the 1945 Constitution. One of the customary laws in Indonesia is The Minangkabau Indigenous People have their own rules in regulating their communities, especially in the distribution of pusako assets. Minangkabau pusako assets are divided into two, namely high pusako assets and low pusako assets, in this case they are related to grants. The problem with the implementation of grants based on customary law that the author wants to examine is one of the problems of grants that occurred in Nagari Salayo, the implementation of this gift was a high pusako grant in the form of land with wooden buildings on it, because it happened not because the descendants of the people became extinct but at that time the recipient The heir was still small and there was no word of consensus, therefore Moechtar donated high pusako property to his son, Misnawati, the Parak Panjang tribe. The formulation of the problems in this thesis are: First, how is the grant implementation in Nagari Salayo, Solok Regency? Second, how is the legal protection of the high pusako grant in Nagari Salayo, Solok District?The type of research used is sociological research, because in this study directly conducted research at the location in order to provide a complete picture and type of the problem under study. This research was conducted by Nagari Salayo, Kubung District, Solok Regency, West Sumatra Province, while the population and sample were all parties concerned with the problems studied with this study. The data sources used were prime data, secondary data and special data. Data collection techniques in this study were interviews and literature study.From the research results, there are two main points that can be rejected. First, the implementation of grants in Nagari Salayo legally takes place according to local customary law with the main requirement of mutual agreement or known as mufakat, this agreement includes the head of the inheritance mamak, ninik mamak, kamanakan, and also the women of the clan. Second, the legal protection of high pusako grants in Nagari Salayo is regulated in which customary law is derived from the principle of customary law itself.Keywords: heirlooms, grants, indigenous Nagari Salayo
PEMENUHAN HAK-HAK ATAS KESELAMATAN KERJA TERHADAP PEKERJA BATU KAPUR DI CV. BUKIT RAYA LAENDRYS KECAMATAN KAMANG MAGEK KABUPATEN AGAM Iga S. Syahri; Firdaus Firdaus; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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In Law No. 13 Year 2003 on Employment contained in article 86 paragraph (1) it is mentioned that every worker/worker has the right to obtain protection for occupational safety and health, morals and decency, and appropriate treatment with human dignity and dignity as well as religious values. It is mandatory for employers to use Personal Protective Equipment (PPE) to avoid the risk of work accidents that may occur anywhere, and anytime, given that CV. Bukit Raya Laendrys is engaged in limestone production. However, in reality that happens CV. Bukit Raya Laendrys conducted by the company does not comply with the provisions of the prevailing laws and regulations. From that background can be formulated the following problems, namely: how to fulfillment the rights of work safety to limestone workers in CV. Bukit Raya Laendrys Kamang Magek District Agam Regency and how efforts should be made by CV. Bukit Raya Laendrys against workers who have had work accidents.This research is a sociological juridical study, the population of workers / production workers consisting of 3 people and the sample of 3 workers / laborers of the production part, because this study uses purposive sampling method. The data sources in this study are primary, secondary, and tertiary data. The data collection tools used are observation, interviews, documentation, and library studies. The analysis performed is qualitative descriptive analysis.Based on the results of this study, the authors concluded that in fulfilling the rights to work safety that should be received by workers in the form of Personal Protective Equipment that is not provided by CV. Bukit Raya Laendrys, and this violates the provisions of Law No. 13, 2003 on Employment in article 86 paragraph (1). Then efforts can be made by counseling about the importance of using PPE for workers/workers, providing adequate K3 facilities, and providing social security in the form of BPJS to workers who have an accident at work while working.Keywords : work safety, fulfillment of rights, work accident
TINJAUAN YURIDIS PENCEMARAN LAUT OLEH KAPAL ASING YANG DISEBABKAN OLEH TERSANGKUTNYA JANGKAR KAPAL PADA PIPA MINYAK MILIK PT PERTAMINA DI WILAYAH LAUT TERITORIAL INDONESIA Maghfira Dwi Adisti; Zulfikar Jayakusuma; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Environmental pollution that occurred in Balikpapan Bay due to leaking oil pipes belonging to PT. Pertamina is an important case because it causes pollution of the marine ecosystem so that it disrupts environmental functions. In this case, the leakage of the oil pipe was caused by the catch of the anchor of the MV Ever Judger ship, this caused Indonesia to not be directly responsible for it, as regulated in the UUPLH due to the absence of a single factor and as well as the presence of force forward in the case of pollution in Balikpapan Bay. The single factor error referred to in the pollution case in Balikpapan Bay is that more than one party is responsible for the subject. The first party is the MV Ever Judger ship who dumped the ship in the Prohibited Restricted Area (DTT), which should not have dumped the anchor because it could disrupt pipeline operations. The second party, PT Pertamina, as the owner of the pipes, needs to be checked whether the laying of the pipelines supplied with oil has taken into account the details of the pipes even in an emergency.The purpose of the author's research is to determine the effect of international regulations regarding violations by foreign ships that cause pollution in the sovereign territory of the Republic of Indonesia and to find out the efforts of national law in resolving the problem of violations by foreign ships that cause pollution in the sovereign territory of the Republic of Indonesia.This type of research the author is a type of juridical normative research, because in this study the authors took data based on literature review. From the results of the research, the research problems that can be concluded are, first, the author's research suggests the form of responsibility in environmental pollution that cannot be found a single factor of error and involves the subject of international law. The second problem is the Indonesian government's efforts in dealing with the pollution case in Balikpapan Bay, including the provision of punishment and compensation.
TINJAUAN YURIDIS PENGGUNAAN GANJA UNTUK KEBUTUHAN MEDIS Muhammad Nanda Khairul; Zulfikar Jaya Kusuma; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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The state guarantees the health of every citizen as stated in the 1945 Constitution, health improvement must be improved so that the situation is better than what is already there. Everyone has the right to live in physical and mental prosperity, to live and get a healthy living environment and obtain health services, Canada and other countries have legalized marijuana for health needs, marijuana was once used by Fedelis Adi Suseno for his wife's medical needs but contravenes Law Number 35 of 2009 concerning Narcotics. From this background, a problem formulation was born, namely, first, how do you regulate the use of marijuana in Indonesian legislation? Second, what is the ideal concept for medical personnel in the use of narcotic marijuana class 1 in the future? This type of research can be classified as normative-juridical research where this research is carried out on the level of vertical and horizontal synchronization, so that what is examined is to what extent the written positive law is compatible. In this study, the data sources used were secondary data with primary, secondary, and tertiary legal materials which were carried out by means of literature study.From the research results obtained that, first, marijuana is a narcotic substance that has great potential to be legalized either through discriminalization or comprehensive legalization, Canada, South Africa, Uruguay, and California each have legalized marijuana for health needs, however Indonesia has never discussed marijuana separately from various kinds of coverage related to regulatory developments, legalization and discriminalization. This has led to the emergence of social norms regarding cannabis as one of the banned plants in the world and recorded in the UN Single Convention on Narcotics and Drugs 1961. Second, in terms of economics, optimization of cannabis for medical needs is not only used to cure diseases but can also be an alternative source. country income. The author's suggestion is that countries should reduce cannabis from class 1 to lower classes so that there is a permanent legal force that guarantees the use of cannabis as a medical drug, given the UN's decision through WHO which has categorized cannabis as a medicinal plant and legalized marijuana for medical purposes.Keywords: Legalization-Cannabis-Health.
PEMENUHAN HAK MASYARAKAT DALAM PENGURUSAN DOKUMEN KEPENDUDUKAN DI KECAMATAN TANAH PUTIH KABUPATEN ROKAN HILIR DI TINJAU DARI UNDANG-UNDANG NOMOR 24 TAHUN 2013 TENTANG ADMINISTRASI KEPENDUDUKAN Ridho Hanif Farza; Firdaus Firdaus; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Of the several people who have taken care of the Family Card and Electronic Identity Card, the processing only takes 14 working days. However, during that time, the community members paid the government officials or brokers from the community to administer the Family Card and Electronic Identity Card in the amount of Rp. 300,000, - (three hundred thousand rupiah) for the Family Card and Rp. 250.000,- (two hundred and fifty thousand rupiah) for one Electronic Identity Card. This study uses a sociological juridical approach. Sociological juridical research or empirical research is an approach by looking at the reality that occurs in the field. While the nature of the research is descriptive which aims to provide a clear picture of the problem being studied.The fulfillment of community rights in managing population documents in Tanah Putih Subdistrict, Rokan Hilir Regency has not been achieved optimally because the process in managing population documents takes a long time on the grounds that the blank population service has run out. As well as illegal levies carried out by unscrupulous persons for the administration of population documents. Meanwhile, in Article 79A of Law Number 24 of 2013 concerning Population Administration, the administration and issuance of population documents is free of charge. Obstacles in fulfilling community rights in managing population documents in Tanah Putih Subdistrict, Rokan Hilir Regency, namely due to delays in issuance since the applicant requested it or more than 14 workingdays. This is due to the process of signing the Family Card (KK) which must be signed by the Head of the Population and Civil Registration Office of Rokan Hilir Regency and cannot be represented, while delays in the electronic Identity Card (KTP-el) are caused by the unavailability of blank e-KTPs. at the Population and Civil Registration Office of Rokan Hilir Regency.

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