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IMPLEMENTASI PUTUSAN JUDICIAL REVIEW MAHKAMAH KONSTITUSI NOMOR. 4/PUU-XVII/2019 DALAM PENGUJIAN PASAL 2 AYAT (2) UNDANG-UNDANG NOMOR. 20 TAHUN 2001 PERUBAHAN ATAS UNDANG-UNDANG NOMOR. 31 TAHUN 1999 TENTANG PEMBERANTASAN TINDAK PIDANA KORUPSI TERKAIT PIDANA MATI DALAM KEADAAN BENCANA ALAM Khaira Islamaili; Erdianto Effendi; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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For example, the corruption case against aid funds affected by naturaldisasters in 2018 in Donggala against the defendants Muhir and H.Silmi whopoured money for the rehabilitation of mosques and schools that did not receivesanctions as stated in the article that was violated, so that there was a review ofthe article that was violated in the Constitutional Court Decision Number 4/PUU-XVII/2019. In addition, there is also a corruption case against social assistancefunds for handling the Covid-19 pandemic or known as the Bansos corruption thatis currently occurring, against the defendants Juliari Batubara and Matheus JokoSantoso. For this reason, extraordinary efforts are needed in eradicating thecrime of corruption, by imposing the toughest sanctions on the perpetrators ofcorruption in order to provide fear and a deterrent effect, both to the perpetratorsand to other people who have the potential to commit corruption crimes, namely:death penalty as stipulated in the formulation of Article 2 paragraph (2) of LawNo. 31 of 1999 in conjunction with Law Number 20 of 2001 concerning theEradication of Criminal Acts of Corruption.This type of research can be classified as normative legal research byapproaching legislation or literature study with books, articles, newspapers asresearch materials and sources.From the results of the research conducted, it can be concluded that there isno legal certainty in interpreting "certain circumstances" as criminal penalties forperpetrators of criminal acts of corruption. Therefore, it is necessary to reformthe substance or material in the formulation of the death penalty in Article 2paragraph (2) of the Law on the Eradication of Criminal Acts of Corruption sothat it is in accordance with the values of justice and legal certainty.Keywords: Death Penalty – Corruption - Natural Disaster
PEMUNGUTAN RETRIBUSI PELAYANAN PASAR BERDASARKAN PERATURAN DAERAH NOMOR 8 TAHUN 2017 TENTANG PERUBAHAN ATAS PERATURAN DAERAH KOTA PEKANBARU NOMOR 6 TAHUN 2012 TENTANG RETRIBUSI PELAYANAN PASAR DI KOTA PEKANBARU Melyanta Siringo Ringo; Gusliana HB; Zulwisman Zulwisman
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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This study related with Collection Retribution Service Markets in Pekanbaru City thatare regulated in Regulation area Number 8 of 2017 About Change on Pekanbaru CityRegulations Number 6 of 2012 About Retribution Service Market in Pekanbaru City and iswhich is source income original Pekanbaru City area. In reality on the ground service marketin Pekanbaru City experience a number of constraint covers collection retribution serviceunfinished market reach the target and low level awareness Required retribution servicemarket in Pekanbaru City.Type study this is law sociological that is the research you want see correlationAmong law and society, so capable disclose effectiveness take effect law in society. Study thisdone at the Service Industry and Pekanbaru City Trade, Market Cik Puan Market LabuhBaru and the Pekanbaru City DPRD. Source of data used are primary data and secondarydata, techniques data collection in study this is with observation, questionnaire, interview andstudy library, and concluded with method think deductive.From result research, concluded that, First, the collection retribution service marketin Pekanbaru City based on Regional Regulation Number 8 of 2017 concerning Change onPekanbaru City Regulations Number 6 of 2012 About Retribution Service Market inPekanbaru City not optimal. Second, the factors that influence collection retribution servicemarket covers factor supporter is law, while factor blocker is lack of source power human,lack awareness law Required retribution, enforcement law, budget. third, Effort from ServiceIndustry and Pekanbaru City Trade is identify subject and object retribution, increase sourcepower human, examination and supervision retribution, do socializing, implementing penaltyfor violator Required retribution, and enhancement service market .Keywords: Collection -Retribution - Retribution Service Market
PERLINDUNGAN HUKUM PIDANA TERHADAP KORBAN LAYANAN PINJAM MEMINJAM BEBASIS TEKNOLOGI DI INDONESIA M. Imam Indra; Erdianto Effendi; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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The development of fintech is very significant in Indonesia, so there is aspecial concern regarding legal protection for its users because this is becausethere is no special regulation that regulates fintech itself, both in the form ofprotection of privacy and data privacy of users who register themselves on onlineplatforms. So that in practice it triggers the emergence of various criminal acts inthe form of fraud, extortion, and so on which have the potential to cause verylarge losses. And criminal acts that occur are regulated by law. Based on themain idea above, several problems can be formulated, namely how is theprotection of criminal law for victims of technology-based lending and borrowingservices in Indonesia and what are the types of criminal acts of technology-basedlending and borrowing services in Indonesia.The writing of this thesis uses normative legal research methods withlibrary research data collection, namely by researching library materials orsecondary data in the form of primary legal materials, namely relatedregulations, secondary legal materials, namely related documents and tertiarylegal materials. which is a guide to primary and secondary legal materials orresearch on legal systematics. The secondary data that has been compiled is thenanalyzed using qualitative methods to obtain results or conclusions, namely byapplying the law in accordance with the criminal act experienced such as thedistribution of personal data as regulated in Article 32 in conjunction with Article48 of the ITE Law, threats regulated in Article 365 of the Criminal Code andArticle 29 in conjunction with Article 45 of the ITE Law and other criminal acts.Keywords: Fintech, Legal Protection, Lending Services, Technology
PELAKSANAAN PERJANJIAN KERJASAMA PEMANFAATAN BARANG MILIK DAERAH PEMERINTAH KOTA PEKANBARU DENGAN PT. AGUNG RAFA BONAI Syauqi Sepriza; Rika Lestari; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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Build-Use-Transfer is the utilization of State/Regional Property in the form of land by another party byconstructing buildings and/or facilities along with their facilities, then utilized by the other party within a certainagreed period of time, to be subsequently handed back the land along with the building and/or facilities and facilitiesafter the expiry of the term. PT. Agung Rafa Bonai (PT. ARB) was unable to fulfill his achievement, namelycompleting the construction of the Pekanbaru City main market within 24 months according to the contract agreedwith the Pekanbaru City Government. The purpose of writing this thesis First is to find out the implementation of thecooperation agreement for the use of regional property owned by the Pekanbaru City Government and PT. ARB,Third, to find out the legal consequences of default in the implementation of the cooperation agreement for the use ofregional property, the Pekanbaru City Government and PT. ARB.This research is classified in the type of empirical juridical research, namely research on the effectivenessof the law, how the law operates in society. This research was conducted at the Office of Industry and Trade ofPekanbaru City and PT. ARB, while the sample population is the Head of the Pekanbaru City Industry and TradeOffice and the Director of PT. ARB with the problems studied in this study, the data sources used, primary data andsecondary data, data collection techniques in this study with interviews, literature review, and data analysis.The conclusion of this study. First, the implementation of the cooperation agreement for the use of regionalproperty, the Pekanbaru City Government and PT. ARB, namely the PT. ARB was unable to fulfill its achievements,namely completing the construction of the Pekanbaru City main market within 24 months, paying annualcontributions for 3 consecutive years and not ensuring cleanliness in the main market project development area. Thetwo obstacles in the implementation of the cooperation agreement for the use of regional property, the PekanbaruCity Government and PT. ARB is the Covid-19 pandemic which has an impact on the company so that the company'sactivities are not smooth, especially related to development and this has an impact on the budgeting of funds thathave been prepared previously. PT. ARB selling assets to continue the development of the main market has not beenimplemented. Third, the legal consequences of default in the implementation of the cooperation agreement for the useof regional property owned by the Pekanbaru City Government and PT. ARB means that the Pekanbaru CityGovernment has not carried out the legal consequences in accordance with Article 19 concerning the termination ofthe contract. The Pekanbaru City Government may terminate the BGS unilaterally in accordance with Article 19 ofthe cooperation contract. However, the Pekanbaru City Government still provides opportunities for PT. ARB to fulfillits obligations in completing the Pekanbaru City main market.
KRIMINALISASI INSES (HUBUNGAN SEKSUAL SEDARAH) DALAM PERSPEKTIF PEMBAHARUAN HUKUM PIDANA INDONESIA Reyhan Prima Gevari; Erdianto Effendi; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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In the Criminal Code, the regulation regarding incest is regulated in theCriminal Code (hereinafter referred to as the Criminal Code). The article relatesto incest if the act is committed against his biological child, stepchild, adoptedchild, child under his supervision who is not yet an adult or underage as a victimof obscene acts from his parents as regulated in Article 294 paragraph (1) of theCriminal Code. In the provisions of Article 8 letter (a) of Law no. 24 Year 2004Regarding the Elimination of Domestic Violence , those who are legal subjectswho must be held accountable for their actions are individual humans orindividuals. Then in the Law No. 35 of 2004 About Child Protection . Of theseveral existing regulations, there is no regulation regarding incest committed ona consensual basis and in its current development, it turns out that there is still alegal vacuum in its criminalization.The objectives in writing this thesis are: First , to find out how thesynchronization of the law of incest in the laws and regulations in Indonesia.Second, To find out the formulation policy for the formulation of criminal normsfor incest regulation in perfecting and formulating the ideal criminal law policy.The type of research used in this research is normative legal research or itcan also be called doctrinal legal research. Normative legal research is librarylaw research . In this normative research, the author conducts research on theprinciples of law . From the results of the study, it was found that from the currentlegal protection arrangements, both in terms of Law Number 23 of 2004concerning the Elimination of Violence in Households, especially Article 46 andLaw Number 35 Years 2014 concerning child protection, especially article 81paragraph (1) . However, in these settings it has not been explicitly regulatedagainst parents and siblings as perpetrators and there are no provisionsregarding weighting of criminal threats and additional penalties for parents andsiblings as a perpetrators (crimes of incest) especially those that occur in adultsand on a consensual basis .Author's Suggestion, First, Considering how dangerous the crime of incestis committed in the family environment in relation to the legal protection ofchildren, then better in drafting legislation should be more noticed again.Keywords: Incest-Criminalization-Legal Refor
PELAKSANAAN PERJANJIAN SEWA MENYEWA PERLENGKAPAN RESEPSI PERNIKAHAN SECARA LISAN ANTARA PELAKU USAHA DENGAN KONSUMEN PADA PANJI WEDDING PEKANBARU Yulia Pratiwi; Hayatul Ismi; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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Leasing is an activity that commonly occurs in the community and is regulated in Articles1548 to 1600 of the Civil Code. Article 1548 of the Civil Code explains that a lease is anagreement in which one party binds itself to provide enjoyment of an item to another party for acertain period of time with the payment of an agreed price. Leasing creates rights and obligationsfor the parties, in the implementation of leasing wedding reception equipment at Panji WeddingPekanbaru, it cannot be separated from problems. The problem that often occurs is default by thetenant. In this thesis the author tries to examine the implementation of the rental agreement forwedding reception equipment verbally at Panji Wedding and examines the settlement of defaultdisputes carried out by the lessee to the lessor. The purpose of writing this thesis is to determinethe form and process of implementing the lease agreement and to determine the efforts to resolvethe default that occurred in this lease agreement.The research method used in this thesis is using sociological legal research methods,namely research on the effectiveness of applicable laws and living in society. The nature of thisresearch is descriptive, that is, it defines and describes systematically, the facts andcharacteristics of the object under study appropriately. The data sources used are primary,secondary and tertiary data sources. The data collection technique used in this research is to usethe interview method and literature study.Based on the results of the study, it can be seen that the implementation of the leaseagreement at Panji Wedding is carried out verbally without special conditions so that in the eventof a dispute there is no strong evidence. In this agreement there is a default or a broken promiseand a statement of negligence in accordance with Article 1238 of the Civil Code, negligencecommitted by the tenant causes losses to business actors so that in resolving disputes that occurbetween the tenant and the Panji Wedding, the settlement is carried out through non-litigationchannels by negotiating between the two sides.Keywords: Agreement Lease – Oral – Defaul
TINDAK PIDANA KEJAHATAN VIRTUAL DALAM GAME ONLINE BERDASARKAN UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK Muhammad Iqbal Dzulfikar; Mukhlis R; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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Virtual Crime in Online Games is a new thing in society and is also animportant problem for people in the country. The form of the regulation regardingvirtual crime in Online Games is Law Number 19 of 2016 concerningamendments to Law Number 11 of 2008 concerning Information and ElectronicTransactions, in this Law it is regulated regarding the absence of virtual crimes.The purpose of writing this thesis: First, I want to know how the modus operandior how virtual crime according to Law Number 19 of 2016 concerningamendments to Law Number 11 of 2008 concerning Information and ElectronicTransactions. Second, I want to know about the criminalization of virtual crimesin online games in Law Number 19 of 2016 concerning Amendments to LawNumber 11 of 2008 concerning Information and Electronic Transactions.The type of research used in this research is normative legal research. Theapproach used by the researcher is normative juridical approach. Analysis of thedata used is the author analyzes the data qualitatively by justification. In drawingconclusions, the author uses deductive thinking method, namely a way of thinkingthat draws conclusions from a general statement or proposition into a specificstatement.From the results of the study, one of the works of criminal act at virtualcrimes in online games is virtual object transactions, but the perpetrators arguethat the virtual goods will be given soon, until when they ask again about thevirtual goods, the perpetrator then blocks the victim's number so that the victimfeels aggrieved. However, in this case, Law Number 19 of 2016 concerningamendments to Law Number 11 of 2008 concerning Electronic Information andTransactions in article 32. Furthermore, the punishment for perpetrators ofvirtual crimes, namely cyberstalking and the difference between it andcyberbullying according to the law, if several elements are fulfilled in LawNumber 19 of 2016 concerning amendments to Law Number 11 of 2008concerning Information and Electronic TransactionsKeywords: Criminal act – Virtual Crime – Law on Information and ElectronicTransactions
PERLINDUNGAN HUKUM TERHADAP PEKEBUN SAWIT SWADAYA DALAM PENERAPAN HARGA TANDAN BUAH SEGAR (TBS) DI KECAMATAN TUALANG, KABUPATEN SIAK, RIAU Harni Lisa Fitri; Maryati Bachtiar; Hengki Firmanda
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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The independent palm orchard is one of the manufacturers in theproduction of palm oil other the plasma gardener and palm company in Tualangoxford, Siak municipality, Riau, the independent palm farmers have helpedcoountries to improve economic development in Indonesia but in the case, theindependent palm farmer did not properly receive the price of fresh fruit 11% to48% of the price hikes cut by palm oil producer have caused the independentpalm farmers to suffer losses in palm production activities, this results in adecline in the production due to the lack of the ability of the independent palmorchard to care for and plant cultivation, the independent palm orchard thing isthiking steps to increase the coprative production of palm oil rather than quality,by expending the land of palm plantations, which of course can have a negativeimpact on the environment in Tualang oxford, Siak municipality, Riau.As for the problem that the writer is making the basis of I this study, howdoes the price of fresh palm fruit go to the independent palm orchard in Tualangoxford, Siak municipality, Riau, and are independent palm gardens in Tualangoxford, Siak municipality, Riau obtaining protection in the sale of fresh fruitplants under Indonesia’s minister of agriculture no. 01/PERMENTAN/KB.120/1/2018 regarding guidelines for the purchase of fresh crop and fresh fruit from thefarmers’ production palm, and 2020 governor Riau rules No.77 of the policy ofpurchasing fresh fruit from palm oil production in the province of Riau.The kind of study used by the author is a sociological law study, alsoreferred to as the study of doctrinal law, from this sociological study of law theauthors conducted the study using the systemic criteria of the law, plants underIndonesia’s minister of agriculture no. 01/PERMENTAN/KB.120/1/2018regarding guidelines for the purchase of fresh crop and fresh fruit from thefarmers’ production palm article 2 mentions that the ministry’s rule is to provideprotection to the gardeners in obtaining fair prices of fresh fruit and avoidingunhealthy competition between plantatin companies, chapter 10 verse (10) cand2020 governor Riau rules No.77 of the policy of purchasing fresh fruit from palmoil production in the province of Riau.Keywords: Palm, Independent gardeners, TBS
TANGGUNG JAWAB NEGARA TERHADAP PERLINDUNGAN DATA PRIBADI DI INDONESIA DALAM PERSPEKTIF HAK ASASI MANUSIA Eric Ardiansyah Pery; Emilda Firdaus; Mexsasai Indra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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The 1945 Constitusion of the Republic of Indonesia Article 28G stipulates that a personhas the right to project himself, family, honor, dignity, and wealth as well as a sense of securityfrom all forms of the threats that exist from his possession. And in Law No.30 of 1999concerning Human Right, Article 29 Everyone has the right to protection of personal, family,honor, dignity and property right. And in Article 32 of Law Number 39 Year 1999, it is explainedthat independence and confidentiality in correspondence, including communication by electronicmeans, cannot be disturbed, except by order of a judge or other legal outhority in accordancewith the provisions of the legislation.This research will be compiled using the juridical normative research type, which isresearch focused on examining the application of the norm of positive law. The approach used inthis research is to use a normative approach, namely literature law research.The results of the research conducted by the outhor are, first, to find out how theprotection of the law and the responsibility of the State for the protection of personal data inIndonesia in the context of protecting human rights and to obtain the right to protect personaldata for the public is part of the implementation of protecting human right. Furthermore, inorder to know the ideal concept of personal data protection, citizens have the right to obtainpersonal data protection information.Keywords: State Responsibility - Personal Data Protection
TANGGUNG JAWAB BBPOM DALAM PENGAWASAN PEREDARAN JAMUTRADISIONAL DI PEKANBARU BERDASARKANPERA- TURANBADAN PENGAWAS OBAT DANMAKANANNOMOR 12 TAHUN 2018TENTANG ORGANISASI DANTATA KERJA UNITPELAKSANATEKNISDILINGKUNGANBADAN PENGAWASOBAT DAN MAKANAN Viky Anggara Putra; Dessy Artina; Evi Deliana HZ
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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Based on the regulation of the drug and food regulatory agency number 12of 2018 concerning the organization and work procedures of technicalimplementing units within the drug and food regulatory agency. Based onresearch by researchers at the UPT BBPOM Pekanbaru, it is still not optimal interms of implementing supervision and Regulation of the Minister of Health of theRepublic of Indonesia Number 15 of 2018 concerning the Implementation ofComplementary Traditional Health Services, this regulation is technical in theimplementation related to complementary traditional health services. Regulationof the Minister of Health of the Republic of Indonesia Number 15 of 2018Concerning the Implementation of Complementary Traditional Health Services, itis necessary if a study both philosophically, sociologically and juridically in theimplementation of complementary traditional medicine in Pekanbaru is inaccordance with these regulations. This type of research can be classified into thetype of sociological legal research.The conclusions that can be obtained from the research results are First,the responsibility of the Pekanbaru City Drug and Food Supervisory Agency(BBPOM) regarding the supervision of traditional herbal medicine productionbased on BPOM agency regulations number 12 of 2018 and Permenkes number15 of 2018 in Pekanbaru, namely starting from issuing permits to supervision inthe product distribution Second, the Inhibiting Factors for Oversight of thePekanbaru City Drug and Food Control Center regarding the production oftraditional herbal medicine Third, the efforts made by the Pekanbaru City Drugand Food Control Center to supervise and control the production of traditionalherbal medicine in Pekanbaru, namely issuing distribution permits for productsand certificates in accordance with standards and requirements for safety,efficacy/benefits, and quality, as well as drug and food testing in accordance withstatutory provisionsKeywords: Responsibility, Traditional Medicine, Traditional Health.

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