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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
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Articles 93 Documents
Search results for , issue "Vol 9, No 2 (2022): Juli - Desember 2022" : 93 Documents clear
PENEGAKAN HUKUM PIDANA ATAS PEREDARAN JAMU YANG MENGANDUNG BAHAN KIMIA OBAT BERBAHAYA DI KOTA PEKANBARU Robin Aritonang; Mukhlis R; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

BPOM Pekanbaru has issued a circular regarding the list of herbscontaining dangerous medicinal chemicals to distributors and shops so as not tosell any more herbs identified by BPOM Pekanbaru that contain hazardousmedicinal chemicals. The results of a raid conducted by BPOM Pekanbaru founda drug store selling herbal medicine containing dangerous medicinal chemicals,such as the brand Akar Dewa herbal medicine produced by UD. Image of Nature,East Java. This herbal root god is circulating freely in Pekanbaru. This herbcontains the chemical piroxicam. The use of piroxicam in high doses can causekidney damage.The type of legal research is sociological juridical, which in this research,is carried out by going directly to the field to collect primary data, and usingdescriptive methods. Meanwhile, if viewed from the nature of this research isdescriptive.The results of this study are the enforcement of criminal law on thecirculation of herbal medicine containing dangerous medicinal chemicals in thecity of Pekanbaru by conducting inspections, investigations and the application ofsanctions but has not been able to run optimally. The obstacles found in theenforcement of criminal law on the circulation of herbal medicine containinghazardous medicinal chemicals in the city of Pekanbaru are inadequatesupervision, limited authority of BBMP, lack of participation and support fromthe community, low public understanding of the law, and lack of intensity ofsocialization activities. Efforts were made to overcome the obstacles found incriminal law enforcement on the circulation of herbal medicine containinghazardous medicinal chemicals in the city of Pekanbaru, namely law enforcementoperations, socialization and optimizing cooperation with related parties and thecommunity.Keywords: Criminal Law Enforcement, Herbal Medicine, Hazardous DrugChemicals.
PENEGAKAN HUKUM TERHADAP PELAKU YANG MELAKUKAN TINDAK PIDANA PEMERASAN DI WILAYAH HUKUM KEPOLISIAN RESOR KOTA PEKANBARU Lisda Desiana; Evi Deliana; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Extortion is an action that often occurs in people's daily life activities, extortioncan occur with various backgrounds and certain motives. Extortion in Dutch apersingand in English is called blackmail is a common crime. The word extortion in Indonesiancomes from the root word "squeezing" which can have the lexical meaning of "asking formoney and other types with threats".Type of research this can be classified into types of research sociological,because the study’s author lan gsung conduct research into the location or field poinythat in carefully in oerder to provide an overview as complete and clear about theprablem that ivestigated. Research is conducted in police of the Riau police while thepopulation and the sample is a whole party that is associated with a problem thatinvestigated in the study of this source of data that is used primary data secondary andthe data tertiary tecnique of collecting the data in the study is to interview and study ofliterature.From the results of the study, it can be concluded that law enforcement againstthe criminal case of extortion in Pekanbaru is still taking legal action in the form of aninvestigation or investigation to determine the suspect. The process of resolving the crimeof extortion, namely: the first with the investigation process, by collecting informationand a collection of documents or evidence, the second by carrying out a case title, thethird if in the implementation of the case title that the incident is a criminal act then aninvestigation is carried out by taking or collect evidence, examination, confiscation,search, arrest and detention. Meanwhile, the obstacles faced in law enforcement againstthe criminal act of extortion that occurred in the jurisdiction of the Pekanbaru city resortpolice were the lack of witnesses in handling cases of criminal acts of extortion so that ithindered the investigation process and Weakness in proving through words or threats bymouth making it difficult to prove. So the effort in overcoming the criminal case ofextortion is to complete the evidence based on Article 184 of the Criminal ProcedureCode in the form of: witness statements, expert statements, letters, instructions, andstatements from the defendant.Keywords: Law Enforcement – Domestic Violence – justice
PENERAPAN PENDEKATAN RULE OF REASON TERHADAP PERSEKONGKOLAN TENDER BERDASARKAN UNDANG-UNDANG NO. 5 TAHUN 1999 TENTANG LARANGAN PRAKTIK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT Sabrena Sukma; Rika Lestari; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Business conspiracy or conspiracy is a form of cooperation carried out by businessactors with other business actors with the intention of controlling the relevant market forthe interests of the conspiring business actors. The Business Competition SupervisionCommission (KPPU) is tasked with examining alleged violations of Law Number 5 of1999 concerning the Prohibition of Monopolistic Practices and Unfair BusinessCompetition, and each decision uses a Per Se Illegal approach and a Rule of Reasonapproach. In the case of tender conspiracy, the Commission Council must apply the Ruleof Reason approach in its decision to analyze the case. However, the KPPU's decisionhas not been consistent in applying the Rule of Reason approach to the case of tenderconspiracy by the government. Therefore, the research objectives of this thesis are,firstly, to determine the variation of the application of the Rule of Reason approach to theKPPU's decision on the procurement of goods/services by the government. Second, tofind out the ideal indicators in the application of the Rule of Reason approach to theKPPU's decision. This study uses normative/legal research methods to analyze casestudies. This study uses secondary data sources by using primary legal materials,secondary legal materials, and tertiary legal materials. From the results of the studythere are 2 main things that can be concluded. First, the variation of the application ofthe Rule of Reason approach to the KPPU's decision on the procurement ofgoods/services by the government is contained in Decision Number 04/KPPU-L/2020,Decision Number 05/KPPU-I/2020 and Decision Number 35/KPPU-I/2020. Where in thedecision Number 04/KPPU-L/2020 and Decision No.05/KPPU-I/2020 the Rule of Reasonapproach has not been implemented perfectly, and in Decision Number 35/KPPU-I/2020the Rule of Reason approach has been implemented perfectly. Second, the ideal indicatorto apply the Rule of Reason approach is regulated in Article 22 of the 1999 Law on theProhibition of Conspiracy, which regulates indications of conspiracy in tenders. Indecision Number 04/KPPU-L/2020 the Commission Council did not apply the Rule ofReason approach perfectly. In decision Number 05/KPPU-I/2020 the CommissionCouncil has not implemented the Rule of Reason approach perfectly. In decision Number35/KPPU-I/2020 The Commission application of the Rule of Reason has been perfect.Keywords: Rule Of Reason Approach, Tender Conspiracy, KPPU

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