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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 93 Documents
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Search results for , issue "Vol 9, No 2 (2022): Juli - Desember 2022" : 93 Documents clear
PELAKSANAAN KEWENANGAN KEPALA DESA TERHADAP PEMBANGUNAN INFRASTRUKTUR JALAN DESA DALAM PERSPEKTIF OTONOMI DESA DI DESA SUKA DAMAI KECAMATAN RUPAT UTARA KABUPATEN BENGKALIS Ega Julianda Putri; Gusliana HB; Muhammad A. Rauf
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

Law Number 6 of 2014 concerning Villages, in Article 26 paragraph (1) states, "TheVillage Head is in charge of administering Village Government, implementing VillageDevelopment, Village community development, and Village community empowerment". TheVillage Law gains the position of the Village as the "spearhead of development" that is morecomprehensive and tangible by taking into account the principle of diversity, prioritizing theprinciples of village recognition and subsidiarity. Then Government Regulation Number 72 of2005 Article 7 letter b also provides an overview of the implementation of village autonomy in abroad, real, responsible manner, in which it is stated that government affairs are under theauthority of the Regency/City whose arrangements are handed over to the village. The programthat is of concern to the Suka Damai Village Government is the improvement of village roads asthe main means of transportation for the community. Based on this, this study aims to find outhow the implementation of the village head's authority on the development of village roadinfrastructure in the perspective of village autonomy in Suka Damai Village, Rupat UtaraDistrict, Bengkalis Regency.This thesis is a sociological legal research, that is, this research looks at theeffectiveness of the law on villages in implementing the authority of the Village Head in SukaDamai Village, Rupat Utara District, Bengkalis Regency. This study uses primary data sourcesand secondary data sources, also uses data collection techniques in this study are interviews, andliterature review, and concluded in a qualitative way.Based on the research conducted, the results and conclusions are obtained that theVillage Government continues to make improvements by utilizing simple materials producedfrom nature, such as forest wood. The Suka Damai Village Government, assisted by thecommunity, did not hesitate to repair the main axis road that was passed by the villagecommunity in their daily activities. However for maximum improvement, the Suka Damaivillage government is still waiting for budgetary funds from the center. As for the obstacles inthe implementation of the village head's authority on the development of village roadinfrastructure, namely the factors of limited budgets, the high need for village infrastructuredevelopment, and the lack of good communication between the government and tha community.Keywords: Village Head – Infrastructure Development - Village Autonomy
KEBIJAKAN NON PENAL DALAM PENANGGULANGAN TINDAK PIDANA PENCABULAN TERHADAP ANAK DI KABUPATEN ROKAN HULU Riyan Syahputra; Erdianto Effendi; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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Abstract

Children are creatures of God Almighty who have human rights like other humanbeings, so that no human or other party can rob them of these rights. Problems related tochildren often occur in Indonesia, for example regarding sexual abuse of children, includingwithin the jurisdiction of the Rokan Hulu Police. This obscene case is one of the prominentcases handled by the Rokan Hulu Police. The purpose of writing this thesis, namely; First, tofind out the factors that cause the occurrence of the Crime of Obscenity against Children inRokan Hulu Regency, Second, to know the non-penal policy in overcoming the crime ofobscenity against children in the Rokan Hulu Police, Third, to know the obstacles to non-penal policies in overcoming the crime of obscenity. against the Rokan Hulu Police, Fourth,to know about law enforcement efforts to overcome the crime of sexual abuse of children inRokan Hulu Regency.This This type of research can be classified in the type of sociological juridicalresearch, because in this study the author directly conducts research on the location or placeunder study in order to provide a complete and clear picture of the problem under study. Thisresearch was conducted at the Rokan Hulu Police and Penitentiary Class II B PasirPangaraian, while the Population and Sample are all parties related to the problems studiedin this study, the data sources used, primary data, secondary data, and tertiary data. Datacollection techniques in this study are observation, questionnaires, interviews, and literaturestudy.From the results of the research problem, there are four main things that can beconcluded, First, the factors that cause the occurrence of the Crime of Obscenity againstchildren in Rokan Hulu Regency are low education and economic factors, environment andplace of residence, alcoholic beverages, technology, and the role of the victim, Second, non-penal policies in overcoming criminal acts of sexual abuse against children at the Rokan HuluPolice are repressive measures and social actions such as providing sex education to childrenand shaping the child's personality in the family as well as conducting counseling to parents andschools, religious education, continuous raids, cooperation with relevant agencies andappointing environmental supervisors, Third, non-penal policy barriers in overcoming criminalacts of sexual abuse against children in the Rokan Hulu Police are factors of law enforcementofficers, supporting facilities or facilities, society and culture, as well as obstacles in handling ncases in the form of summoning witnesses, candid statements of victims, perpetrators beingcomplicated in providing information, and families of victims still holding grudges, Fourth, lawenforcement efforts to overcome criminal acts of sexual abuse against children in Rokan HuluRegency are to provide legal protection guarantees.Keywords: Non Penal, Obscenity, Children
KEBIJAKAN HUKUM PIDANA DALAM PENYELESAIAN TINDAK PIDANA RINGAN YANG DILAKUKAN OLEH LANSIA MELALUI PENDEKATAN RESTORATIVE JUSTICE Ramadatul Fajri; Davit Rahmadan; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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Abstract

Nowadays, the perpetrators of criminal offense come from various circles,one of which is carried out by people who are elderly, according to existingregulations, the elderly are included in the vulnerable category which is entitledto more treatment and protection with respect to their specificity, but in practicein positive law In Indonesia, there are no rules governing the protection of theelderly who are in conflict with the law, before the law the elderly are stillequalized with perpetrators of criminal offense of productive age. In theimplementation of law enforcement against perpetrators of criminal offense of theelderly, it is still necessary to review the problem of law enforcement and effortsto resolve criminal offense, restorative justice in terms of acting as a media thatbridges the settlement of criminal offense by approaching or mediating betweenperpetrators and victims.The purpose of this study are: first, to determine legal policy towards theelderly, second, to determine the arrangements for efforts to resolve criminal actsby the elderly through a restorative justice approach. This type of research can beclassified as normative research or better known as "legal research". Thisnormative research uses a type of legal systematic research conducted byexamining library materials or secondary data. The main purpose is to identifythe main meanings or legal basisThe results of the research, there are two main things that can beconcluded, firstly that there is no regulation in positive law in Indonesia thatexplains how to implement the protection and application of the elderly who arein conflict with the law, so that policies that favor the protection of the elderlywho are in conflict with the law are needed, secondly Restorative justice takes therole of a mediator who is able to provide an agreement between the two parties.The perpetrators of criminal acts, in this case the elderly, have the opportunity toget legal remedies which do not require the perpetrators to get imprisonment butcan be replaced with criminal compensation or fines.Keywords: Elderly – Policy – Restorative Justice
ANALISIS YURIDIS TERHADAP PERTIMBANGAN HAKIM DALAM MENENTUKAN BERAT RINGANNYA PIDANA DALAM TINDAK PIDANA PENGANIAYAAN YANG MENGAKIBATKAN KEMATIAN (STUDI KASUS PUTUSAN NOMOR 373/PID.B/2020/PN.PDG) Husnul Khotimah; Mukhlis R; Ferawati Ferawati
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

The main problem in this study is how the judge's consideration in making a decision onthe criminal act of persecution that resulted in death in the decisionNumber.373/Pid.B/2020/Pn.Pdg. The purpose of this thesis is first, to find out the suitability ofthe judge's considerations which declared the defendant guilty of committing a criminal act ofpersecution that resulted in death with the actions that the defendant did in the decision Number373/Pid.B/2020/Pn.Pdg. Second, furthermore, to find out the suitability of the criminalimposition by the judge in case Number. 373/Pid.B/2020/Pn.Pdg in terms of the purpose ofpunishment.This study uses a normative juridical approach, in this study focused on the study of legalprinciples, especially on the principle of justice in Case Number 373/Pid.B/2020/Pn.Pdg. theapproach taken is to use descriptive qualitative analysis techniques, in data collection used themethod of literature review. The data sources used are primary and secondary legal materials.The conclusions obtained from the results of the study are first, the judge's considerationin the decision Number 373/Pid.B/2020/Pn.Pdg is not in accordance with the actions that thedefendant did. The judge did not consider the non-juridical aspects of the defendant, and theelements in Article 8 paragraph (2) No 48 of 2009 concerning Judicial Power and the elementsof Article 48 and Article 49 of the Criminal Code, especially the element of self-defense, thejudge also did not consider the position of the accused at that time as a security guard whocarried out his duties. Second, the judge's decision (case study Number 373/Pid.B/2020/Pn.Pdg)is not in accordance with the purpose of sentencing, the decision is contrary to the purpose ofsentencing, the defendant cannot be said to be a criminal and the defendant's actions cannot besaid to be a bad act. so that there is no reason or purpose of sentencing that can justify theconviction of the defendant.Keywords: Consideration- Judge- Heavy- Lightness-Criminal
PENERAPAN RESTORATIVE JUSTICE TERHADAP PELAKU TINDAK PIDANA PEMBAKARAN HUTAN DI WILAYAH HUKUM KABUPATEN PELALAWAN Robet Chandro Wijaya Sibuea; Zulfikar Jayakusuma; 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

Forest is an ecosystem unit in the form of a large expanse of landcontaining biological natural resources which are dominated by trees in theirnatural environment which cannot be separated from one another. Forest andland fires are natural disasters that often occur in Indonesia, especially duringthe dry season. These fires cause enormous environmental damage, economiclosses, and social problems. In fact, large forest and land fires result indevastating haze impacts beyond state administrative boundaries (transnationaldisasters). The regulation of lightly motivated criminal acts is a crime regulatedin the Criminal Code (KUHP) as well as in other laws and regulations, but thedifference must be seen from the background of the perpetrator, the motives andconsequences of the crime not to cause disturbing losses. in society, but thepractice of law enforcement disturbs the sense of justice a lot, because it isresolved through a court trial process which is actually not necessary or can bepursued by a process outside the court, by prioritizing peace by deliberation toreach consensus is an integral mechanism in people's lives in Indonesia, namelythe Restorative Justice path. Law enforcement against forest fires in PelalawanRegency, Riau Province based on Law Number 41 of 1999 concerning Forestryhas not been implemented as expected. Although everyone is prohibited fromburning forests, it turns out that every year forest fires routinely occur inPelalawan Regency, but there are still many land arsonists who do not get justicein the punishment they get. The type of research used by the author is sociologicallegal research, namely research that examines the legal aspect by looking at theapplicable legislation and comparing it with its implementation in the field bymeans of a survey.Keywords: Justice, Restorative justice, Forest Fire
TINJAUAN YURIDIS TERHADAP TERJADINYA PENEMBAKAN PADA TAHAP PEMERIKSAAN KASUS TINDAK PIDANA TERORISME DIKAITKAN DENGAN ASAS PRADUGA TIDAK BERSALAH Rafiqah Darwin; Erdianto Effendi; Davit Rahmadan
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

The principle of the presumption of innocence in the criminal procedure lawin effect in our country contains two purposes. First, to provide protection andguarantees for a human being who has been accused of committing a criminal actduring the case examination process so that his human rights are not raped.Second, to provide guidelines for officers to limit their actions in carrying out anexamination because it is a human being who has the same dignity and dignity asthe person conducting the examination.This type of research is normative juridical research. In this research, theresearcher discusses legal principles, namely the principle of the Presumption ofInnocence, which is the principle in which a person is considered innocent until acourt decision finds him guilty.The conclusions that can be obtained from the results of the research arefirst, actions taken by the police against the occurrence of shootings at the stageof investigating cases of criminal acts of terrorism according to the regulation ofthe National Police Chief and Police Chief, which is the Chief of PoliceRegulation Number 8 of 2009 concerning the Implementation of Human RightsPrinciples and Standards in Carrying Out Police Duties. The Republic ofIndonesia states that the use of firearms can only be used to protect human life.Then this contradicts the Standard operational procedure (SOP) for the use offirearms issued by the Police Criminal Investigation Unit. Second, the LegalImpact on Shootings at the Investigation Stage of Criminal Acts of TerrorismLinked to the Presumption of Innocence, it means the suspect is not necessarilyguilty. Because the right to declare someone guilty is only a court with a decisionthrough a valid legal process. The act was also carried out not in a state of forceddefense, even though the suspect also has the right not to be deprived of hisliberty, except in very special cases. Meanwhile, extrajudicial killings are carriedout not in a state of forced defense and there are also no laws and regulations thatjustify extrajudicial killings even though these acts are committed againstsuspected criminal acts of terrorism, which are included as extraordinary crimes.Keywords: Crime, Terrorism, Presumption of Innocence, Police.
PELAKSANAAN RESTRUKTURISASI KREDIT PADA MASA PANDEMI COVID-19 PADA BANK RAKYAT INDONESIA UNIT BUKIT BARISAN IMAM MUNANDAR PEKANBARU RIAU. Fania Hanisa Sundjaya; Mardalena Hanifah; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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Abstract

The covid-19 pandemic in Indonesia has had many impact. One of them isin the health sector in Indonesia and then in the economic sector in Indonesia.One of the institutions affected by the Covid-19 pandemic is PT. Bank RakyatIndonesia, Tbk. According to it’s use, the bank distributes funds to the public inthe form of credit, the bank provides credit facilities. Although the analysis hasbeen carried out, there is no credit facility without risk. If the bank in providingcredit has seen a non performing loan, the bank must try to save the credit. In thiscase, PT. Bank Rakyat Indonesia, Tbk seeks to be able to relaunch bad loans, sothat the recipient of the credit has the ability to repay both interest and credit. Theimplementation of credit restructuring in accordance with POJK number11/POJK.03/2020 can be given to debtors affected by the spread of Covid-19,including UMKM debtors.This research is uses empirical sociological research methods, becausethe author directly conducts research at the research site to provide a completeand clear picture of the problem under study. This research was conducted in PT.Bank Rakyat Indonesia, Tbk Unit Bukit Barisan Imam Munandar PekanbaruRiau, while the population and sample are all parties, namely the bank Mr. AdiSaputra, the OJK as the policy maker, one of them Mr. Yamin, and the customer isMr. Handoko. The data sources used are primary data, secondary data, andtertiary data. The data collection techniques in this study was structuredinterviews in the form of directly with the parties involved in the implementationof credit restructuring during the Covid-19 pandemic.The result of this study there are several things that can be concluded.First, the implementation of credit restructuring during the Covid-19 pandemic atPT. Bank Rakyat Indonesia, Tbk was carried out with a type of term extension,namely interest payments only and delays in principal receivables. Second,obstacles in the implementation of credit restructuring, namely in the negotiationprocess where customers are not cooperative and the bank’s movement is limitedin conducting customer checking processes.Keywords : Credit restructuring, Pandemic period
PENYIDIKAN TINDAK PIDANA PENGGELAPAN BARANG JAMINAN FIDUSIA DI WILAYAH HUKUM POLRESTA PEKANBARU Ilham Yudha Kurniawan; Maryati Bachtiar; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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Abstract

The crime of embezzlement of fiduciary collateral often occurs inIndonesia, especially the city of Pekanbaru. Meanwhile, fiduciary guarantees as aform of engagement regulated in Law Number 42 of 1999 concerning FiduciaryGuarantees are routine activities in lending transactions because the loadingprocess is considered simple, easy and fast. Fiduciary is the transfer of ownershiprights to an object on the basis of trust provided that the object whose ownershiprights are transferred remains in the control of the owner of the object. The rise ofembezzlement crimes against fiduciary guarantees cannot be separated from therole of law enforcement, including at the level of the investigation process. Themain problem in this study is the lack of security for creditors who pledge theirvaluables to debtors. In this study, the authors wanted to know how theinvestigation process was carried out by the Pekanbaru Police and wanted to findout what obstacles occurred in the investigation process against the crime ofembezzlement of fiduciary guarantees in the city of Pekanbaru.This type of research can be classified in the type of Sociological researchbecause in this study the author directly conducts research at the location orplace under study in order to provide a complete and clear picture of the problembeing studied. This research is sourced from primary data, secondary data andtertiary data, while the population and sample are the Pekanbaru Policeinvestigators who handle cases of embezzlement of fiduciary guarantees in thePekanbaru Police jurisdiction.The results of the study indicate that in terms of the investigation process,it turns out that the Pekanbaru Police are not optimal in carrying out lawenforcement as evidenced by the 20 cases that have been submitted from 2018 to2022, only 5 cases have been sentenced to court while 15 cases have beeninvestigated, this is due to the investigation process. What is done tends to chargethe reporter to prove his report without any effort or the role of law enforcementis passive while in criminal law the investigator has the authority to activelyprove a criminal act.Keywords: Crime – Embezzlement – Fiduciary
ANALISIS YURIDIS TENTANG PERLINDUNGAN HUKUM TERHADAP HEWAN PADA TINDAK PIDANA ANIMAL ABUSE DI INDONESIA Tirza Bonita; Erdianto Effendi; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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Animal abuse has recently emerged and has gone viral on social media.The high number of abandoned animals also affects the number of cases of animalabuse. The factor of the Indonesian population who also does not understandabout animal cruelty makes animal abuse often occur. Many regulations relatedto animal protection are currently unknown to the public and even lawenforcement officials themselves. Weak punishment for animal abuse in theCriminal Code is an obstacle in protecting the animals around us. Therefore,legal protection for animals in the crime of animal abuse is needed to reform toenforce the law and protect the existence of animals from human evil treatment ofanimals considering that animals are also living creatures that do not deserve tobe hurt.This type of research is normative juridical research, namely researchconducted by examining literature discussions with secondary data sourcesconsisting of primary legal materials in the form of laws and regulations,secondary legal materials from legal books, and tertiary legal materials in theform of dictionaries. Then the data were analyzed qualitatively, namely analyzingthe data descriptively obtained from secondary data.From the results of the study it was concluded that, first, the legalregulation of animal protection in Indonesia uses Law Number 41 of 2014concerning Animal Husbandry and Animal Health, amendments to Law Number18 of 2009 concerning Animal Husbandry and Health, Government RegulationNumber 95 of 2012 concerning Animal Husbandry and Animal Health. VeterinaryPublic Health and Animal Welfare and the Criminal Code. Article 302 forimposing punishment on perpetrators of criminal acts of animal abuse is Article302, which has a weak sentence and the sanctions do not provide a deterrenteffect to perpetrators of criminal acts of animal abuse. Second, the urgency ofrenewing regulations to protect animals from criminal acts of abuse is needed, toprotect animals from persecution and until now new rules regarding animalprotection are currently contained in the RKUHP which it is not yet known whenit will be ratified.Keywords: Analysis-Legal Protection-Animal-Criminal-Abuse
PELAKSANAAN PERJANJIAN PEMBIAYAAN MULTIGUNA PADA PT. MITRA PINASTHIKA MUSTIKA FINANCE (MPM) PEKANBARU Wan Rahmatullah Ramadhan; Firdaus Firdaus; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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The high public need for consumptive goods and the need for funds(multipurpose) is characterized by limited ability or purchasing power incash/cash, making consumer finance institutions the preferred choice of thecommunity, thus making consumer finance institutions (consumer finance) haveshown an active role in supporting the economy and business in Indonesia. PT.Mitra Pinastika Musthika Finance Pekanbaru Branch, is a finance company thatcarries out its business activities in the field of consumer finance, which focuses onfinancing new motorcycles and used motorcycles, also provides loan funds withmotorcycle guarantees from debtors known as multipurpose financing, thepayment of which is done in installments or periodically by consumers.The purpose of this study was to determine and understand theimplementation of consumer financing agreements at PT. Mitra PinastikaMusthika Finance Pekanbaru Branch, as well as solving problems that arise ifthere is a default by the debtor in the implementation of the consumer financingagreement.In this study, empirical/sociological juridical methods were used. surveybecause the author went directly to the research location to get primary data,which was then analyzed descriptively, which prioritizes observations(observations) on the actual symptoms of events.The results of the study provide an overview of the consumer financingagreement, especially multipurpose, which is a debt agreement between PT. MitraPinastika Musthika Finance Pekanbaru Branch, and the consumer, the delivery oftheir belongings in this case the motorcycle BPKB and other documents ascollateral, the delivery of collateral is carried out based on trust. Consumerfinancing agreements are made in written form using standard agreements.Delayed installment payments are the debtor's obligation not because of thedebtor's intention to delay installment payments, but the debtor dies during thecontract period, leaving 3 (three) installment obligations. To terminate aproblematic contract is taken by way of deliberation to reach consensus.It can be concluded that consumer finance institutions are an alternative toobtain loan funds and other necessities, with the death of the debtor during thecontract period is categorized as an act of default.Keywords: Multipurpose Consumer Financing, Default

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