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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 130 Documents
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Search results for , issue "Vol 8, No 1 (2021): Januari - Juni 2021" : 130 Documents clear
Pelaksanaan Pengawasan Izin Trayek Penyelenggaraan Angkutan Orang Antar Kota dalam Satu Provinsi di Provinsi Riau berdasarkan Peraturan Menteri Perhubungan Nomor 15 Tahun 2019 tentang Penyelenggaraan Angkutan Orang dengan Kendaraan Bermotor Umum dalam Trayek Melly Julianti; Mexsasai Indra; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

Regulation of the Minister of Transportation PM 15 of 2019 concerning the Implementation of Transportation of People with Public Motorized Vehicles on Routes. states that, every driver and public transportation company that operates the transportation of people by public motorized vehicles on routes is obliged to comply with the provisions concerning the license to carry out person transportation on the route, and the technical and other requirements for motorized roads. However, what can be seen in the field is that there are still many people who do not have a route permit. Therefore, it needs to be studied in a stimulant first, the implementation of the supervision of the permit for the transportation route for people between cities in one province in Riau Province based on the Regulation of the Minister of Transportation Number 15 of 2019 concerning the Implementation of Public Motorized Vehicles in Routes, secondly, the Inhibiting Factors for Granting Transport Routes Permits Person, third, efforts made to overcome obstacles in granting route permits in Riau Province. This research is a sociological legal research, because it is based on field research, namely by collecting data from interviews, questionnaires, and literature reviews that are related to the problems to be studied assisted by primary, secondary and tertiary data. This study uses qualitative data analysis and produces descriptive data. Keywords: Ministerial Regulation, Control, Route Licensing
ANALISIS YURIDIS PENANGKAPAN DUTA BESAR INGGRIS OLEH OTORITAS IRAN BERDASARKAN VIENNA CONVENTION ON DIPLOMATIC RELATIONS 1961 Agung Prayoga; Evi Deliana; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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This paper aims to discuss how the juridical analysis of the case of the arrest of the British Ambassador to Iran named Rob Macaire, the ambassador was arrested on January 11, 2020 near Amir Kabir University. The arrest was carried out by Iranian authorities on the allegation that Rob Macaire had instigated the anti-government era that broke out in Tehran at that time, it happened because the public was disappointed with the Iranian authorities who made the mistake of shooting the Boeing 752 plane belonging to Ukraine. The arrests carried out by the Iranian authorities had no clear reason and were not supported by solid evidence, the arrests were made on accusations that were not necessarily a form of violation of international treaties, namely article Vienna Convention on Diplomatic Relations 1961 (Vienna Convention 1961) regarding Diplomatic Relations, which regulates that an Ambassador or a diplomatic official cannot be contested, whether arrested or detained.This type of research is normative legal research, namely using literature case studies in data search. In this study the authors conducted research on the principles of law, namely the principle of immunity and the principle of Pacta suntservanda. This research is a descriptive research, which is a research method that describes the actual situation at the time of the research through data collection which is then interpreted to one another in order to obtain the formulation and analysis of an existing problem. Analysis of the data used by researchers and this is qualitative data analysis, namely analysis which does not use statistics or other things, but researchers simply describe descriptively of the data obtained.The results of this study can be concluded into three main points. First, based on the 1961 Vienna Convention on Diplomatic Relations, that the arrest of the British ambassador by the Iranian Authority on the accusation that the ambassador committed anti-government incitement was declared wrong, the arrest was not supported by evidence that strong but only accusations and an ambassador has immunity from being arrested and detained in the host country. Second, the arrest made by the Iranian Authority is a form of violation of the 1961 Vienna Convention, this raises the responsibility of the state, this can be in the form of an apology by Iran to the British ambassador and to Britain for the incident and ensuring that it will not be repeated and Iran can sanction its Authorities who make arrests on the basis of charges. Third, actions that a recipient country should be able to take if a representative in the receiving country commits an offense, namely by making a persona non grata declaration of the diplomatic official.Keywords: Arrest, Detention, Ambassador, Responsibility
ANALISIS YURIDIS PERBUATAN MAIN HAKIM SENDIRI PADA PELAKU YANG DIDUGA MELAKUKAN TINDAK PIDANA DIKAITKAN DENGAN ASAS PRADUGA TIDAK BERSALAH Liza Afriani; Emilda Firdaus; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

Vigilante (Eingenrechting) which means taking the rights without the use of the tools of government power, vigilante action almost always runs parallel to violations of the rights of others, and is therefore not allowed. In the criminal procedure law which regulates the presumption of innocence, this principle explains that a person is considered innocent before a court decision has permanent legal force. So the existence of vigilante violations against the presumption of innocence. Then the act of vigilante (eigenrechting) itself has not been specifically regulated and clearly stated in Indonesian legislation. This study aims to first find out how the criminal provisions against vigilante acts, second to find out how to apply the presumption of innocence principle to several vigilante cases in Indonesia.This type of research is normative legal research, where this research is conducted by examining the principle of the presumption of innocence contained in the Criminal Procedure Code which is associated with vigilante action. This research uses descriptive research, because the author intends to provide a clear and detailed description of the provisions of the criminal act of playing rights alone and the application of the presumption of innocence to the perpetrator who is suspected of committing a criminal act.The results of this study can be concluded that the application of the presumption of innocence is still lacking in society and law enforcers because there are no specific regulations regarding vigilante actions that can threaten vigilante perpetrators and the presumption of innocence has not been well and thoroughly socialized. . If you look at the existing cases as well as several judges' decisions or jurisprudence, if there is an act of vigilantism, the provisions of the Criminal Code used to threaten vigilante perpetrators are used Article 170 of the Criminal Code regarding beatings and article 351. Criminal Code regarding persecution.Keywords: vigilante, presumption of innocence, perpetrators of criminal acts
PERAN LEMBAGA ADAT MELAYU RIAU KABUPATEN KUANTAN SINGINGI TERHADAP PENCEGAHAN TINDAK PIDANA PENAMBANGAN EMAS TANPA IZIN (PETI) DI KABUPATEN SINGINGI Rahma Riyanti; Erdianto Erdianto; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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The living environment is a spatial unit with all objects, forces, conditions, and living things including humans and their behavior will affect the continuity of life and the welfare of humans and other creatures. The environment can be defined as all objects and conditions including humans and their actions that are contained in the space where humans are located and affect the life and welfare of humans and other living bodies. To protect the environment and control acts of environmental pollution and destruction, environmental law enforcement efforts are needed. Enforcement of environmental law can be interpreted as the use or application of instruments and sanctions in the fields of administrative law, criminal law and civil law with the aim of forcing the subject of the law to comply with environmental laws and regulations. In Article 67 of Law of the Republic of Indonesia Number 32 of 2009 concerning Environmental Protection and Management, it is explained that every person is obliged to maintain the preservation of environmental functions and control environmental pollution and damage. This type of research can be classified into sociological juridical research where the research tests the effectiveness of the current law. This sociological legal research is a type of research that is viewed from the purpose of legal research. Sociological or empirical legal research consists of legal identification (unwritten) and research on the effectiveness of the law. From the research results, there are 2 main problems that can be concluded. First, the implementation of criminal acts and prosecution against the perpetrators of gold mining without a permit in the police unit of the Kantan Singi resort includes preventive and repressive measures. Preventive and repressive preventive measures have not been maximally implemented. It can be seen that there are still unlicensed gold mining that has not been processed by law enforcement officers at the Kuantan Singi Resort Police.Keywords: Mining-Environment-Pollution-Destructio
PENGAWASAN DINAS PERHUBUNGAN TERHADAP JURU PARKIR DI TEPI JALAN UMUM BERDASARKAN PERATURAN DAERAH KOTA DUMAI NOMOR 5 TAHUN 2014 TENTANG RETRIBUSI PELAYANAN PARKIR DI TEPI JALAN UMUM Nuratisyah Nuratisyah; Dessy Artina; Adi Tiaraputri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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This research is related to the implementation of controlling of parking service fees on the side of public roads as regulated in Article 28 Paragraph 1 of the Dumai City Regional Regulation Number 5 of 2014 concerning Parking Service Levies on the Side of Public Roads which is carried out regularly. In the field there are still many legal parking attendants who collect fees that do not comply with the provisions that have been set. Therefore it needs to be studied in a stimulant, First, the supervision of the transportation service of parking attendants on the side of public roads based on the Dumai City Regional Regulation Number 5 of 2014 concerning Parking Service Charges on the Side of Public Roads, Second, the obstacles for the transportation service in carrying out controlling of parking attendants in the city of Dumai, Third, Future surveillance efforts carried out by the transportation agency on parking attendants on the side of public roads based on the Dumai City Regional Regulation Number 5 of 2014 concerning Parking Service Retribution on the Side of Public Roads.This research is a sociological legal research, because it is based on field research, namely by collecting data from observations, interviews, and literature reviews that are related to the problems to be studied assisted by primary, secondary and tertiary data. This study uses qualitative data analysis, produces descriptive data, and concludes with a deductive thinking method.From the results of the study, it is concluded that, First, the controlling of the transportation department of parking collectors on the side of public roads based on the Dumai City Regional Regulation Number 5 of 2014 concerning Parking Service Levies on Public Roads has not been optimal. Second, the inhibiting factors for the transportation agency in carrying out supervision of parking collectors in the city of Dumai are the lack of operational personnel, budget, coordination of related parties, and dishonesty of parking collectors. Third, the future controlling efforts carried out by the transportation service on parking collectors on the side of public roads in the city of Dumai are the addition of operational members to supervise parking collectors, reactivate the coordination team for development, regulation and control of parking on the side of public roads.Keywords: Controlling – Parking Officer - Retribution
TINJAUAN HUKUM TERHADAP HIBAH TANAH YANG DISENGKETAKAN OLEH AHLI WARIS PARA PIHAK (STUDI : HIBAH TANAH ANTARA MIAK ASIN IMAM MULIA DAN SYARKAWI DT MAJO LELO DI NAGARI SITANANG) Maulana Ihsan Habibi; Evi Deliana; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Customary law grants are divided into two, namely ordinary grants and will grants. Grants according to Minangkabau customary law are closely related to Islamic law. The implementation of the Grant refers to the Matrilineal system, which means a hereditary system based on the mother's lineage. In addition, the transfer of land rights through community grants and inheritance can also be given to heirs who are one descendant of the mother but can also be given to the lateral line, namely between mamak and nephews. In the field practice, especially in the Kenagarian area of Sitanang, Agam Minangkabau, there was a problem of disputes between the heirs of the two parties, the grantee and the grantee. the object in dispute is the land grant of the people which is the high inheritance of the Caniago clan.This research is to determine the extent of the implementation of the disputed land grant by the heirs of the parties in Nagari Sitanang according to Minangkabau customary law. This type of research can be classified in the type of sociological legal research (empirical), 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 in the Nagari Sitanang area, Ampek Nagari District, Agam Regency, due to the location of the Adat Nagari Sitanang Institute, while the population and samples were Mamak Kepala Waris, Kerapatan Adat Nagari Sitanang, Wali Nagari Sitanang, and disputing inheritor. The data sources used are primary data and secondary data. Data collection techniques in this study were interviews, questionnaires, and literature review.The conclusions that can be obtained from the results of the research are First, that in the Minangkabau Customary Law, the validity of a land that has been granted is that it has the approval of all members of the clan and meets the conditions for giving a clan grant.Keywords: Existence - Land Grants for the People - Indigenous Community of Nagari Sitanang
PRAKTIK PENEBANGAN POHON DI HUTAN LINDUNG DALAM PELAKSANAAN PACU JALUR DIKAITKAN DENGAN UNDANG-UNDANG NOMOR 18 TAHUN 2013 TENTANG PENCEGAHAN DAN PEMBERANTASAN PERUSAKAN HUTAN RONALDO GUSTI SANDRA; Erdianto Effendi; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Halal tourism is a tourist visit activity with tourism destinations and industries that prepare product, service and tourism management facilities that meet the elements of sharia. With this Islamic tourism, the world community is introduced to the nobility and greatness of Islamic culture. Therefore, this thesis discusses how the juridical analysis of Regional Regulation Number 2 of 2017 concerning Halal Tourism in Siak Regency? and what is the ideal arrangement regarding Halal Tourism in Siak Regency?.This type of research can be classified in the type of normative legal research. In this normative legal research, the author is interested in conducting research using the criteria of legal history and legal comparisons. Sources of data used, namely: secondary data in the form of primary legal materials, secundr legal materials and tertiary legal materials. The data collection technique in this research is literature review. Data analysis was carried out qualitatively, namely the data obtained did not use statistics or mathematics or the like.The conclusions of this study are firstly, Regional Regulation Number 2 of 2017 concerning Halal Tourism in Siak Regency has shortcomings and weaknesses because it does not include content material regarding sanctions so that it affects its implementation and causes Regional Regulation Number 2 of 2017 concerning Halal Tourism in Siak Regency not yet. effectively implemented as it should. Meanwhile, the purpose of the sanctions is to regulate community non-compliance, so that people obey the applicable law. Second, regulations regarding halal tourism must be in accordance with sharia principles in terms of legal regulations and their application. Alignment of legal rules accompanied by implementation in accordance with the provisions is a way of realizing halal tourism that is based on sharia principles and is carried out with sharia principles. Therefore it is necessary to include strict sanctions in Regional Regulation Number 2 of 2017 concerning Halal Tourism in Siak Regency, so that the ideal regulations related to the implementation of Halal Tourism in Siak Regency are realized. The author's advice, namely to the government as the maker of laws and regulations to revise Regional Regulation Number 2 of 2017 concerning Halal Tourism in Siak Regency, which includes strict sanctions so that ideal regulations are realized related to the implementation of Halal Tourism in Siak Regency.Keywords: Halal Tourism - Regional Regulations - Siak Regency.
PERLINDUNGAN KONSUMEN TERHADAP MAKANAN PRODUKSI RUMAH TANGGA (KERIPIK CABE) YANG TIDAK MENCANTUMKAN LABEL KADALUARSA DI KOTA DUMAI Maringan Tua H.D; Maria Maya Lestari; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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The producer of chilli chips in the city of Dumai does not include an expired label in marketing the chilli chip product in violation of Article 8 paragraph (1) letter g of Law Number 8 of 1999 concerning Consumer Protection, the giving of the mark or label is intended so that consumers get correct information about the product. , because the decision of the correct choice of consumers regarding the goods or services needed really depends on the correctness and responsibility of the information provided by the parties concerned, so there is no legal certainty regarding the expiration of Home Industry products circulating in the city of Dumai. The purpose of writing this thesis, namely: First, to find out how the implementation of the related consumer protection law does not include expired labels in the packaging of chilli chips in Dumai and law enforcement in order to provide protection for consumers. Second, to find out how legal certainty is about the chili chips Home Industry product without including an expired label.This type of research used by the author is normative legal research. Normative legal research is literature legal research, because it makes book material the main foundation in conducting this research. This research was conducted based on normative law because this study examines the problem of legal certainty for household food products that do not have an expired label, so this study discusses more analysis regarding the implementation of the law on these products. The data collection technique in this research is literature study.From the research results, there are two main points that can be concluded. First, producers of chilli chips in the city of Dumai do not include an expired label in marketing chilli chip products that have violated Article 8 Paragraph (1) Letter g of Law Number 8 Year 1999 concerning Consumer Protection, producers do not include expiration labels because the product does not use sweeteners and food preservative, they use natural ingredients in making these chilli crackers. Second, there is no legal certainty regarding the expiration of Home Industry products circulating in the city of Dumai. Where the determination of the expiration of a product is determined subjectively, besides that the role of BPOM Dumai City has not been optimal in providing consumer protection in inclusion of expired labels on Home Industry products in the city of Dumai.Keywords: Consumer Protection - Household Production - ChipsCabe - Label Expiration
PERAN NINIK MAMAK TERHADAP PENYANDANG DISABILITAS MENTAL PADA MASYARAKAT HUKUM ADAT KAMPAR Humairah, Shania; Ismi, Hayatul; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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The role of Ninik Mamak in the midst of society to lead nephews is a dream in all fields which include morals and material. Ninik Mamak in a custom is the judge of peace when there is a dispute in the people he leads. Based on this, Ninik Mamak as the traditional leader is required to improve his knowledge in the field of leadership and customary law. As Ninik Mamak, of course he has duties and responsibilities that cannot be said lightly. Because these tasks are related to the survival of their people. Including the case of persons with mental disabilities, the role of Ninik Mamak is also needed. How does Ninik Mamak provide motivation and provide material and non-material assistance to his nephews. The purpose of writing this thesis, namely, first to find out how the role of Ninik Mamak for people with mental disabilities in the Kampar customary law community, and second to find out the obstacles faced by Ninik Mamak in carrying out his role for people with mental disabilities in the Kampar customary law community.This type of research is sociological legal research. This study is more specific to seeing law in a real sense and examining how law works in society by analyzing various literatures related to the problem being studied. The research was conducted in Kampar Regency, while the population and sample were the Village Head of Kampar Regency, Ninik Mamak, Kampar Regency, and families of persons with mental disabilities in Kampar Regency, the data sources used were primary data and secondary data, data collection techniques in this study were interview observation and literature study.From the results of the research conducted, it can be concluded that, first, the role of Ninik Mamak towards persons with mental disabilities in the Kampar customary law community does not necessarily work as it should. Second, the obstacles that Ninik Mamak encountered in his role for people with mental disabilities in the Kampar customary law community were Ninik Mamak who had migrated, the quality of Ninik Mamak's human resources (HR) who was not competent and the economic limitations of a Ninik Mamak could forget his duties and functions to his children.Keywords: Role-Ninik Mamak-Persons with Mental Disabilities
ANALISIS YURIDIS PERLINDUNGAN HUKUM TERHADAP KORBAN PEMASUNGAN ORANG DENGAN GANGGUAN JIWA (ODGJ) DALAM PERSPEKTIF HUKUM PIDANA INDONESIA Indana Frishilya; Mukhlis R; Adi Tiaraputri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Protection of human rights is a form of service that must be carried out by law enforcement officials or security forces to provide a sense of security, both physically and mentally, to victims from threats, harassment, terror and violence from any party. People with mental disorders who are shackled need special protection and handling from the government to protect their rights as humans. The government must ensure that all people with mental disorders are not shackled and cared for properly without discrimination.The purpose of this research is to find out how the juridical analysis of legal protection for victims of confinement of persons with mental disorders in the perspective of Indonesian criminal law and to find out the ideal arrangements related to legal protection for victims of confinement of persons with mental disorders in the perspective of Indonesian criminal law. 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 juridical analysis of legal protection for victims of shackling of people with mental disorders in the perspective of Indonesian criminal law, namely the incompatibility between one law and another makes the government appear unfair in providing protection to victims of a criminal act of shackling. The law on mental health seems weak and even does not provide special protection to victims of shackling, there is no state interference in protecting their rights. Second, the ideal is very much in accordance with what is aspired or dreamed of or desired. The ideal arrangement must be in accordance with the aspirations of the state, namely to provide protection in accordance with what the community wants, however, the regulations related to the protection of victims of confinement are still not perfect in providing protection to them. Author's suggestion, First, given the poor conditions experienced by victims of shackling, special protection is needed for victims of criminal acts of confinement of people with mental disorders through a clearer legislation.Keywords : Victims, Shackles, People with Mental Disorders

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