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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
REORMULASI KEBIJAKAN HUKUM PIDANA TERHADAP PEMBERIAN SANKSI PIDANA BERSYARAT Lia Khetryn Sinaga; Dessy Artina; Erdiansyah Erdiansyah
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

In criminal law, there are conditional penalties. Conditional or probationary punishment (parole voorwaardelijke veroordeling) as regulated in Articles 14a-14f of the Criminal Code. In fact, many cases have been sentenced to conditional criminal penalties, which upon further examination do not match the resulting consequences. It is still far away from the implementation of the law and as expected it is because there are still obstacles and challenges in the material of law, legal apparatus, facilities and infrastructure as well as other factors that influence it. The purpose of writing this thesis, namely: First, to find out the arrangements for the provision of conditional criminal sanctions in Indonesian criminal law, Second, to find out the reformulation of criminal law policies towards the impending conditional criminal sanctions in the future.This research is classified in this type of research as normative legal research or it can be called doctrinal legal research. Normative legal research is literature law research. In this normative research, the writer conducts research on legal principles. Research on legal principles is research carried out on legal principles which are benchmarks for behaving or having an appropriate or inappropriate attitude. This research is descriptive analysis, which describes and analyzes the problems raised which aims to describe concretely about the reformulation of criminal law policies against conditional criminal sanctions.From the results of the research and discussion, it can be concluded that, first, in the regulation there are no restrictions on the imposition of conditional and generalizing crimes whether serious or minor crimes as long as the sanctions imposed are not more than one year; second, there has been no effort to reform criminal law, namely to create a codification of criminal law in conditional criminal arrangements with the application of sanctions that only apply to minor crimes.Keywords : Reformulation-Criminal Law Policy-Conditional Criminal
KONTROVERSI PENGIBARAN BENDERA BINTANG KEJORA DI ISTANA NEGARA DALAM PERSPEKTIF HUKUM PIDANA Nurfadilah Nurfadilah; Erdianto Effendi; 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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The raising of the Morning Star flag at the State Palace by Papuan students caused a lot of controversy in various aspects, because some people thought that the Papuan students' actions were treasonous but there were also those who thought that it did not include treason. The purpose of this research is to find out the actions taken by Papuan students have included the crime of treason and to find out whether or not there are reasons for the elimination of crimes in the name of democracy. The type of this research is normative legal research based on library research using secondary data. This research uses qualitative analysis and produces descriptive data.From the results of the research, the authors conclude that from the perspective of criminal law, the actions of Papuan students, namely conducting demonstrations with one of the demands, namely wanting to separate themselves from the territory of the Unitary State of the Republic of Indonesia accompanied by the raising of the Morning Star flag are included in the crime of treason. because in this case it has fulfilled the elements of treason in Article 106 of the Criminal Code. In addition, there is no reproach to provide reasons for the abolition of crimes to these Papuan students, because considering the state is in a state of danger so that the state can free itself from its obligations and responsibilities towards human rights and this is in line with Article 28J Paragraph 2 of the 1945 Constitution of the Republic of Indonesia in order to achieve the territorial integrity of Indonesia.The author's suggestion is for the government to immediately form a new norm regarding the crime of treason, in order to provide clarity in the formulation of the criminal act of treason in the Criminal Code, to the Papua Provincial government to immediately form a Special Regional Regulation regarding regional symbols in Papua, and it is hoped that the government can again allow the flying. the Morning Star flag as regulated by the previous Gusdur administration and in order to revise the Government Regulation on Regional Symbols by not including the Morning Star flag as a symbol of the separatist movement, considering that the Morning Star flag is a cultural flag by the Papuan people.Keywords: Crime of Treason-Bintang Kejora Flag-Papuan Students
Perlindungan Hukum Debitur Terhadap Fintech Berbasis Aplikasi Yang Tidak Terdaftar Di Otoritas Jasa Keuangan Provinsi Riau Melly Carolina Bangun; Hayatul Ismi; Hengki Firmanda
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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The development of the digital era of technology in Indonesia is very rapid nowadays, which affects people to be able to access the latest information, and makes it easier for people to complete their work quickly and effectively with the availability of electronic service features. One of the technological developments that has become a trending topic in Indonesia today is Financial Technology (FinTech). In banking itself, it has adopted Financial Technology, which digital banking consists of (Internet Banking, M_Bangking, SMS banking, Phone Banking, and ATM). However, over time, many FinTech Start-Ups have sprung up that offer various conveniences to the public that put banking at risk.This type of research is a sociological juridical research, because the author examines the problems that occur. The research was conducted at the Financial Services Authority of Riau Province, while the population and sample were 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 were carried out by interviews. and literature review.Based on the role of the financial services Authority (OJK) in providing legal protection for online loan recipients. With the victims of online loans who don't know what they have to do to get their rights. The OJK Regulation states how the role of the OJK is in providing information, education and also complaint services for people experiencing problems in the banking sector and also in fintech. The thing that makes the author interested in knowing how the role of the Financial Services Authority (OJK) in providing legal protection for online loan recipients is not registered in an online-based loan and borrowing agreement according to the Financial Services Authority Regulation Number 77 / POJK.01 / 2016 regarding lending and borrowing money services based on information technology (OJK Riau Province case study).From the results of research conducted by the author at the Financial Services Authority (OJK) in providing legal protection for illegal online loan recipients in the Online-Based Lending and Borrowing Agreement. Here the role of the OJK is not really felt by its presence in the community regarding information and education by disseminating it to the public about fintech. In the OJK Regulation it is stated that OJK is in charge of providing information, education to the public and providing complaint services to the public. In addition, OJK has also not made a regulation whereby an organizer or lender cannot operate without obtaining a license or permit from the OJK, considering that there are many illegal operators who have not obtained OJK's license but are already operating.Keywords: Financial Technology –Legal Protection – Ilegal Online
MODEL PENYELESAIAN TINDAKAN PELANGGARAN PEMANFAATAN BIOTA LAUT MENURUT HUKUM ADAT MELAYU MANDAH RIAU Tri Mukti; Davit Rahmadan; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Violation of the use of marine biota in Mandah Subdistrict occurs because in Mandah Subdistrict the population is mostly fishermen. From this abundance of sea and river products, there are some irresponsible people who catch fish by means of centrums and poisoning. Which will result in the exhaustion of large fish populations down to small fish and this is very damaging to the surrounding environment. As happened in the Simar village, Mandah District, because of his fishing activity at the center, he himself was hit by the throttle. This is a concern for the Mandah Malay Customary Institution to determine the laws that apply to its society. This research is classified as sociological research, because in this study the author directly conducted research at the location or place studied in order to provide a complete and clear picture of the problem under study. This research was conducted at the Riau Malay Customary Institution, Mandah District, while the population and sample were all parties related to the problems studied in this study, the data sources used, primary data, and secondary data, and tertiary data, data collection techniques in this study. conducted by interview, and literature study. The results of the research include: First, the model for solving crimes using marine biota according to LAMR Mandah, the community is not allowed to buy the proceeds from their arrest and will be followed up by the authorities if it is still sustainable. Second, the role of LAMR in its duties is to guide, develop, and implement as well as guard the customary values of Malay Culture to the community. Third, one of the obstacles faced is the lack of awareness of the perpetrators to stop fishing using a centrum tool, the lack of awareness that if this continues it will have an impact on the population of extinct biota, and usually the modus operandi that often occurs by the perpetrators doing their actions at night. , so that it seems secretive and when community activities are gone. Keywords: Utilization of Marine Biota, Riau Malay Traditional Institution, Actors
PENATAAN REGULASI LEMBAGA NEGARA MANDIRI DALAM STRUKTUR SISTEM KETATANEGARAAN INDONESIA Ambarwati, Herika; Artina, Dessy; Tiaraputri, Adi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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The establishment of an independent state institution has different names, making it unclear in its accountability, through the third amendment to the 1945 Constitution of the Republic of Indonesia it was agreed that the formation of a Judicial Commission based on Article 24B Judicial Commission is independent, this does not give meaningful meaning to its institutional status , The Judicial Commission is clearly closer to the function of judicial power, because the Judicial Commission (KY) regulation is in the 1945 Constitution of the Republic of Indonesia (UUD NRI). In addition, there are also institutions that are at the same level as the Judicial Commission, namely state institutions. independent which has the same level of function. Unlike the Judicial Commission, these three institutions are not regulated in the constitution, namely the Attorney General's Office, the Corruption Eradication Commission, and the National Human Rights Commission. However, the regulation stipulated by article 24 paragraph (3) which states "Other bodies whose functions are related to judicial power are regulated in law" So that becomes a problem. This raises a big question why only the Judicial Commission is regulated in the Constitution?This research uses a typology of normative legal research or what is also called doctrinal legal research, which deals more specifically with legal principles. In this study the authors use descriptive research characteristics, because the authors describe the Regulatory Arrangement of Independent State Institutions in the Structure of the Indonesian State Administration System.The result of the research conducted by the author is that there must be regulation arrangement in an effort to equal position by regulating these independent state institutions including the Attorney General's Office, Komnas Ham, and the Corruption Eradication Commission in the Constitution. Structuring the regulations of independent state institutions is to make constitutional changes that reflect the position of institutions, especially independent institutions in the state administration structure in Indonesia. exercise of authority.Keywords: Regulatory, Structuring, Independent, State Institutions
PERLINDUNGAN HUKUM TERHADAP TERSANGKA YANG MENGALAMI KEKERASAN OLEH PENYIDIK DALAM PROSES PENYIDIKAN DI KEPOLISIAN RESOR KOTA PEKANBARU Nurhasanah Nurhasanah; Erdianto Erdianto; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Violence by the investigator is an irony, because the function of criminal procedure law, which seeks to limit the power of the state (police power) in acting and implementing material criminal law, is not implemented properly. The provisions of the criminal procedure law are intended to protect suspects from arbitrary actions by law enforcement officials and the courts.This type of legal research is empirical legal research. Empirical legal research is legal research that examines law that is conceptualized as actual behavior. Meanwhile, if seen from the nature of this research is descriptive. This study uses primary data and secondary data.The result of this research is that the legal protection that can be given to suspects who have become victims as a result of violence perpetrated by the police in the investigation process has been regulated and guaranteed in the 1945 Constitution, the Criminal Procedure Code, the Law on Judicial Power, Law Number 39 1999 on Human Rights. Actions taken or given by the National Police in dealing with police officers who are involved in the use of violence in the investigation process are the persons concerned will be submitted to PROPOS / PROPAM and will be subject to sanctions in the form of demotion or dismissal.Keywords: Legal Protection, Suspects, Violence, Investigators
TINJAUAN YURIDIS STATUS KEWARGANEGARAAN INDIVIDU TERHADAP KELUARGA SIMPATISAN ISLAMIC STATE OF IRAQ AND SYRIA YANG BERADA DI WILAYAH KONFLIK BERDASARKAN HAK ASASI MANUSIA INTERNASIONAL Desi Natalia Sihombing; Evi Deliana; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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A person's citizenship status is so important, the international community makes several legal instruments that related to citizenship status. As stipulated inthe Universal Declaration of Human Rights 1948, International Convention on Civil and Political Rights 1966, Convention on the Rights of the child 1989, International Convention on the Elimination of All Forms of Discrimination Against Women 1979, International Convention relating to the Status of Stateless Person 1954 and International Convention on Reduction of Statelessness 1961. The right to renounce nationality was based on the principle that a person has the right to exercise his nationality, the reasonable requirements of the laws by involved of the country. This research will be structured by using the type of normative juridical research, that research was focused on examining the application of rules or norms in law to legal principles and theories which is carried out by conducting prior identification of a state policy on the citizenship status of ISIS sympathizer families. The data collection technique was used in this research is literature study. The approach used in this research is to use a normative approach, that namely library law research. In the results there are two main points that can be concluded. First, the rights of citizens who are reaffirmed, must be properly defended by the state or maintained by citizens, organized in countries regarding the citizenship status of ISIS sympathizer families. Two, based on positive law in Indonesia, there is no concrete accumulation that states that families of ISIS sympathizers are eligible to have their citizenship revoked.Keywords: Citizenship - ISIS - Policy - International of human rights
OPTIMALISASI PENEGAKAN HUKUM TERHADAP KEJAHATAN PERBANKAN DENGAN MENERAPKAN UNDANG-UNDANG TINDAK PIDANA PENCUCIAN UANG DI KEPOLISIAN DAERAH RIAU Triya Yunita Permata Sari; Mukhlis R; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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The results of an interview with the investigators at Sub-Directorate II of the Riau Regional Police's Special Criminal Investigation Directorate, Mr. IPDA Dedi Suharyoso, the was a criminal act that occurred at BRI bank unit Seikijang, during the course of the case investigator found money laundering from banking crime, but when the file arrived at the public prosecutor the case turnet into a corruption case. And other cases that were also handled case of the BJB bank where one of its employees succeeded in breaking into money to choose a customer. up to billions of rupiah. So there needs to be an effort to optimize law enforcement against banking crimes with a money laundering approach in order to trace the flow of funds and arrest parties who participate or enjoy the proceeds of crime.This type of research is classified as sociological legal research. While the population and sample were parties related to the problem being studied such as Heads of Offices, Panits and Investigators in Subdit II of the Riau Regional Police Special Criminal Research Directorate, the data source used is primary data, while the data collection techniques in this study were carried out by interviews and literature study.The results of the research show that law enforcement against banking crimes using the money laundering approach is still not optimal. Becauce there are several factors that influence, namely the weak role of the banking sector, investigation doubts about whether or not there is money laundering from predominantly banking crimes, lack of coordination between the police and various related agencies, differentces of opinion between law enforcers in determining banking crimes related to money laundering.Keywords: Law Enforcement, Banking Crime, Money Laundering
PENEGAKAN HUKUM TERHADAP PELAKU PEMBUAT ALAT PEMBATAS KECEPATAN YANG TIDAK SESUAI DENGAN UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN DI KECAMATAN KANDIS Sopiandi Pakpahan; Zulfikar Jayakusuma; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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The increase in the number of traffic accidents from year to year showsthat there is a lack of public awareness about the culture of orderly driving.. Oneof the traffic infrastructure that often causes traffic accidents is the speed limitingdevice or the name of the road embankment or road safety embankment. Theprovisions for the installation of “speed limiting devices” on public roads arealready listed in Article 25 paragraph 1 Letter e Law Number 22 Year 2009. Thepurpose of writing this thesis, namely: First, to determine law enforcementagainst the perpetrators of making speed limiting devices that are not inaccordance with the Law on Traffic and Road Transportation. Second, to find outthe constraints of law enforcement against the perpetrators of makinginappropriate speed limiting devices. Third, to find out the efforts against theperpetrators of making inappropriate speed limiting devices. This type of research can be classified in this type of sociological juridicalresearch, because this research author directly conduct research on the locationsor places studied in order to give a complete and clear picture of the issuesexamined. This research was conducted at the Kandis District, whereas thesample population is a whole party with regard to the issues examined in thisstudy, the data source used, primary data, secondary data and data tertiary,technical data collectors in this study with interviews and literature study.From the results of research and discussion it can be concluded that,First, law enforcement against perpetrators of speed limiting devices that are notin accordance with Law Number 22 of 2009 in Kandis District, Siak Regency stillnot seriously done. Second, constraints in law enforcement due to a lack ofcounseling from the police, lack of cooperation between related parties, and nocomplaints from the public. Third, efforts made by law enforcers includecoordinating with related parties, checking the shop, after which the speed limiteris dismantled, and conducting counseling. prosecutors, conducting training andeducation on diversion and seeking good cooperation between institutions.Keywords: Law Enforcement – Speed Bump - Traffic
PELAKSANAAN PERJANJIAN KERJASAMA PENYALURAN LPG 3 KILOGRAM, ANTARA PT. VALERY FAMILY SEJAHTERA DAN PANGKALAN UD. MAJU JAYA DI KOTA PEKANBARU Togu Rizky Anggel; Evi Deliana; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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3 Kilograms of LPG gas is an essential requirement for supporting the life of every community. The distribution of 3 Kilogram LPG gas is carried out by the private sector, which is the agent of the arm of the first party, the principal. The agent and sub-agent cooperate on the basis of the agreement made. 3 Kilograms of gas that were distributed to the base were aimed at people in need. In Article 1313 of the Civil Code, an agreement is an act whereby one or more people bind themselves to one or more people. The agreement made between the base and the agent is a standard cooperation agreement. The agreement that has been agreed must be carried out as well as possible. If the parties do not run it well, there will be losses for those who carry out their achievements. The problems and objectives that will be discussed in this thesis are to determine the implementation of the 3 Kilogram LPG distribution agreement between PT. Valery Family Sejahtera and Pangkalan UD. Maju Jaya in Pekanbaru City.This type of research is sociological, 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 at Pangakalan UD. Maju Jaya and PT. Valery Family Sejahtera in Pekanbaru City, while the population and sample are all parties related to the problems studied in this study, the data sources used, primary data and secondary data, data collection techniques in this study with interviews, questionnaires and literature study.The results of the study concluded that the implementation of the agreement between PT. Valery Family Sejahtera based on UD. Maju Jaya in the distribution of 3 Kilogram LPG gas has not been carried out properly. The agents encountered obstacles and obstacles in distributing 3 Kilogram of LPG gas to the base making the agreement difficult to implement.Keywords: Implementation, Agreement, Distribution

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