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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 2,579 Documents
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Tinjauan Yuridis Tindak Pidana Pencabulan Terhadap anak berdasarkan Undang Undang nomor 23 tahun 2002 Tentang Perlindungan Anak (Studi Kasus Perkara Nomor 373/PID/SUS/2015/PN.PBR) Rendhi Zaka Fahmi; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Today, various kinds of legal issues are increasingly prevalent along with the development ofthe age, science and technology increasingly rapidly. This has resulted in the increasingly complexbehavior patterns of the community. More and more patterns of human behavior are not inaccordance with the norms prevailing in society.These deviant behaviors can lead to an offense and even a crime. Crime is one of the realitiesin life that require special handling. This is because the crime will cause anxiety in the life ofsociety in general.One form of crime that is very disturbing the security and order of public life is a criminaloffense of obscenity. Abetting is an act committed by a person who is motivated by sexual desire todo things that can arouse the passions, which leads to satisfaction in him. The criminal act ofobscenity continues to grow until now. Abuses of helpless people such as children, both men andwomen, are one of the most troubling social problems of society.Criminal acts of intercourse with children are part of morality as regulated in Law Number23 Year 2002 on Child Protection. In the case of a crime of intercourse with a child, it has beenregulated in legislation, which is contained in the Criminal Code (KUHP), which is also containedin the Child Welfare Act as well as in the Juvenile Justice ActLegislation in Indonesia has regulated the formal juridical threat of sanctions granted to theoffender of intercourse namely the Criminal Code Article 287 which formulates; that anyone whohas intercourse with a woman outside marriage, where it is known or should be suspected that sheis not yet fifteen years of age, or if her age is unclear, that it is not yet time to be mated, threatenedwith a maximum imprisonment of nine yearsKeywords: Juridical Review – Criminal Remedy - Child
PEMUTUSAN HUBUNGAN KERJA ANTARA PT.BORMINDO NUSANTARA TERHADAP KARYAWAN TANPA PEMBERIAN UPAH PROSES Bernando, David; Ismi, Hayatul; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Employment Development should be regulated in such a way as to fulfill fundamental rights and protections for the workforce and at the same time be conducive to the development of the business world. Termination of Employment by the Employer / Company against the Worker / Laborer because the worker / laborer has suffered work accident causing the worker / laborer who according to the doctor's statement can not perform his job which has been agreed in the work agreement less than 12 months continuously. The issues discussed are firstly how the judges' consideration in consideration decide the case Number 772 K / Pdt.Sus-PHI / 2016. Secondly whether the decision of the case Number 772K / Pdt.Sus-PHI / 2016 has been decided fairly in accordance with Law Number 13 Year 2003 on Manpower. The research method used is normative juridical research that is library research where this research is bebasis research norm of law. In data collection, the type of data used in this study is primary data and secondary data, namely through legislation and from official documents, books and also the results of tangible research. The data analysis is done descriptively and deductively deduced.From the results of research conducted by the author on the basis of the case of termination of employment, the judge is of the opinion that in the case of termination of this employment has been legitimate so that there is no need for payment of wage process to the workers and also the judge in deciding the case has been mistaken in applying the principle of justice.Keywords: Termination of Employment - Labor - Process Wage
PENERAPAN PEMBERIAN HAK ASUH ANAK DIBAWAH UMUR OLEH ORANG TUA LAKI-LAKI DI PENGADILAN AGAMA PEKANBARU MENURUT INSTRUKSI PRESIDEN NOMOR 1 TAHUN 1991 TENTANG KOMPILASI HUKUM ISLAM Ismina, Tria; Ismi, Hayatul; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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In the household there must be a conflict that can be settled between the husband and wife wisely. This conflict can manifold appear as if the wife feels the husband is unable to meet the needs of his wife or the husband feels the wife can not perform his duties properly or because of other matters. Discuss the issue of divorce is certainly not much discussion of child custody. Often between men and women there is a struggle for child custody. But the provisions on custody of underage children will be under the care of his mother.Researchers want to study and answer the problem about how the application of custody of underage children by the parents of men according to Compilation of Islamic Law? What is the basis of judges' consideration in imposing custody of a child to a male parent based on Decision Number 0177 / Pdt.G / 2015 / PA.Pbr? Are the rights and obligations of the underage child already fulfilled by divorced parents?The method that writer use is method of sociological approach with collecting data as follows: literature study, document study, and interview.The results of research and discussion can be concluded that Here, custody of underage children who fall to the parents of men or father to look back kemaslahatan child and for good development in the child so as not to imitate his mother's behavior later. The judge considers that underage child custody may be to a male parent if, in the hearing, the man can provide the actual information that occurs during their marriage, such as the woman often abandons her child, does not care and does not caring for the child. Despite having been separated from the father of the child, the mother keeps paying attention in terms of education and gives affection and attention to his child, teaches and gains good knowledge.From the results of research problems there are three main things that can be concluded. First, the application of the provision of custody of underage children by the parents of men in the Religious Court of Pekanbaru according to the Compilation of Islamic Law determines that the child who has not determined that the child who has not mumayyiz or not yet 12 years is the right for the mother to maintain it, while if the child already mumayyiz, he can choose between his father or mother to act as the keeper. But there are several reasons that make the mother lose custody of her child even if still under age, can be because the mother does not care about her child under any circumstances, do not take care and keep her child as good as possible, do acts of violence and ignore all requirement of child. Secondly, from the data obtained by the author in the Religious Court of Pekanbaru, previously there was no decision that imposed the custody of the underage child to the male parents other than the verdict in Number 0177 / Pdt.G / 2015 / PA.Pbr. This is due to the judge's consideration in childcare and the seriousness of both parents in parenting. Suggestion, Parents who have broken up or divorced should still pay attention and provide affection without shortage to the child, especially the child is still under age who still need the attention of both parents.Keywords: Divorce-Child Rights-Compilation of Islamic Law
Pertanggung jawaban Pidana Pengurus Yayasan Panti Asuhan Tunas Bangsa Terhadap Tindak Pidana Kekerasan Anak Menurut Undang-Undang Nomor 35 Tahun 2014 Tentang Perlindungan Anak Di Wilayah Hukum Kota Pekanbaru Monika, Sintia; Artina, Dessy; Rahmadan, Davit
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Some actions of the management of the foundation have even led to criminal actions. For example,letting the owner of an orphanage violate children in an orphanage, knowing the owner of an orphanagefoundation has committed a crime of violence but does not prevent it, is negligent in carrying outstewardship duties as it is so that the victim dies. So far, very little punishment has been carried out on themanagement of the foundation, even though the sentence is clearly condemned because the management ofthe foundation is one of the legal subjects. The absence of punishment against the foundation's managementwas the background of this research. In accordance with the description above, the authors are interested inconducting research under the title Criminal Liability Against Administrators of the Tunas BangsaOrphanage Foundation Against the Crime of Child Violence according to Law Number 35 of 2014concerning the Protection of Children in the Legal Territory of Pekanbaru City. This thesis aims to find outwhether or not administrators of the nation's orphanage foundations can be held accountable or not if thereis a criminal act in the nation's foster home foundation and to find out how the nation's foster careinstitutions are convicted so that the orphanage foundation administrators can be convicted.The type of research used in writing this law is empirical sociological legal research, namely themethod or method used in legal research conducted by examining existing library materials by looking atevents or facts that occur in the social environment. The nature of this research is descriptive. This studyuses primary data, namely data that the author gets / gets through respondents (field) that are in accordancewith the problem and secondary data, namely data that has been prepared.From the results of the problem research there are two things that can be concluded, firstly, themanagement of the foundation can be criminal if there is a crime that causes casualties because themanagement is an important organ in the foundation. Second, the punishment of the management of thefoundation can be carried out in accordance with the Foundation Law and the Child Protection Act.Keywords: Accountability, Foundation Management.
ANALISIS YURIDIS PERTANGGUNGJAWABAN PIDANA PADA PELAKU PENANYANGAN PENJUALAN ORGAN GINJAL MANUSIA MELALUI INTERNET Nella Elmata Lia; Hayatul Ismi; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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The internet is acomputer networkthroughout the world that is connected toeach other by using internet standards for human life. But the existence ofr theinternet is like a double-edged sword, besides contributing to improving humanwelfare, as well as being a mens of effective crime. Advertising activities usinginternet media through free buying and selling sites, are used by some people toadvertise items that are not legally for sale such as kidney organs. However, thearrangement has not been regulated, so the purpose of this thesis is; first, criminalresponsibility for the perpetrators of advertisements for selling human kidney organsthrough the internet, secondly, the imposition of sanctions on adversiting criminalsselling human kidney organs through the internet.This research is a type of normative research that examines law number 19 of2016 concerning information and electronic transactions, and other laws relating toproblems. This research is descriptive which is a research that aims to make apicture of the problem.The act of displaying kidney advertisements via the internet is a criminal act,because it has fulfilled the elements to be said to be a criminal act which includes 1.There are advertisers of perpetrators 2. Violating the values that live in society(against the material law) 3. No forgiveness and justification reasons. Although thereare no rules governing it formally, these acts can be classifried as criminal actsbecause they have violated the values that live in society, and encourage humantrafficking and violate health laws.The act of displaying advertisements for kidney organs through the internet isa criminal act and can be categorized as cyber crime, so it should be added to theITE law concerning criminal provisions against anyone who advertises goods thatare not it accordance with the legislation so that the perpetrators can be subject tosanctions
KEDUDUKAN SAKSI VERBALISAN DALAM KITAB UNDANG-UNDANG HUKUM ACARA PIDANA. NABABAN, LIA DANIATI; ', Erdianto; ', Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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The verbal witness is a witness from the investigator where his presence in court has not been regulated in the Criminal Procedure Code, but is often presented in court when the defendant revokes all or part of the investigation report (BAP) which has been made before the investigator in the hearing. The purpose of this thesis, namely; first, the validity of the testimony of verbal witnesses and their relationship with Article 184 of the Criminal Procedure Code of legal evidence; secondly, the extent to which the testimony of verbal witnesses influenced the judges' decision in the present trial in Indonesia. This type of research is normative legal research, namely research on legal systematic, where research on legal systematics is the study of certain legislation or written law. The aim is to establish identification of the fundamental terms of rights and obligations, legal events, legal relations and legal objects. From the results of the study and discussion it can be concluded that first: the testimony of the verbalist witness will be valid if given under oath and by the testimony judge of the verbalist witness can be used as evidence of evidence in court; second, the testimony of the verbal witness is limited to what is recorded by the investigator during the investigation process so that it becomes the sole responsibility of the judge to conclude the abrogation of the defendant's BAP is acceptable or not by assessing the suitability of the testimony of the witness of verbalism with other evidence presented in the hearing. Suggestion of the writer, first: the witness of verbalism should at the time of giving testimony in the hearing to give an honest statement considering his testimony will be used by the judge as evidence of evidence in the hearing. Secondly: the judge should possess the skills and legal skills and mature mastery skills of the subtlety of the proof so that if the defendant revokes the BAP that has been made before the judge's investigator will be able to consider by judging the suitability of the evidence presented in court.
ANALISIS YURIDIS PENETAPAN TERSANGKA PEMBERI KETERANGAN PALSU DI BAWAH SUMPAH DI DEPAN PERSIDANGAN OLEH KOMISI PEMBERANTASAN KORUPSI TERHADAP SAKSI DALAM KASUS KORUPSI Munte, Immanuel; ', Firdaus; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Basically, the Corruption Eradication Commission has the duty, authorityand obligation to conduct investigations, investigations, and prosecutions againstcorruption. One of the basis for arriving at the suspicion of false information isstated in Article 163 of the Criminal Procedure Code, from the formulation of thearticle it is known that one of the grounds for arriving at a false testimony is if thewitness's testimony in the hearing is different from the statement contained in theminutes. The judge has the right to assess the evidence of witness testimony andthe authority of the judge because of his position to determine witnesses whoallegedly gave false information in order to be processed in accordance withArticle 174 of the Criminal Procedure Code. The purpose of writing this scheme,namely; First, to find out the investigators of the Corruption EradicationCommission are authorized to determine the suspect providing false informationto witnesses who testify under oath before a court in a corruption case without acourt order. Second, to find out the arrangement or mechanism for determiningsuspects giving false information to witnesses who give testimony under oathbefore a court in a case of corruption based on the Criminal Procedure Code.This type of research can be classified in the type of normative juridicalresearch, because in this study the author conducted a study of the rules andregulations concerning the problem under study.From the results of the research problem there are two main things that canbe concluded. First, the Investigator of the Corruption Eradication Commissionhas the authority to determine the suspect giving false information to witnesseswho testify under oath before a court in a case of corruption without a court orderconstituting a mistake in law enforcement. Second, the arrangement ormechanism for determining the suspect giving false information to witnesses whotestify under oath before a court in a case of corruption based on the CriminalProcedure Code must refer to the provisions of Article 174. The author'ssuggestion, First, It is expected that there is legal certainty as efforts to overcomedifferences in law enforcement against witnesses who commit criminal acts beforea court hearing, judges and investigators must have clear and written limitationsin the legislation. Secondly, it is recommended that investigators respect theexamination process at a court of law not to investigate cases that are beingprocessed in court without any request or order from the case handling judge.Keywords: Law Enforcement - Witness - False Testimony - CorruptionEradication Commission
TINJAUAN HUKUM INTERNASIONAL TERHADAP PERLINDUNGAN SATWA DILINDUNGI DARI TINDAKAN EKSPLOITASI DAN PENGANIAYAAN DALAM PERTUNJUKAN SIRKUS DI INDONESIA BERDASARKAN CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) Mariana Gultom; Evi Deliana; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Utilization of animals as the object of circus recreation in Indonesia is still valid until today. Utilization is not just exploitation, but also animal abuse, which is done by animals such as animal circus animals, businesses that make it possible to find people. Circus performances of dolphins around the action of dolphins, called hazardous bears, honey bears, yellow-crested cockatoos and beavers. Bottled nose dolphins and sun bears are integral animals and are included in Appendix I CITES. If the items described above are not appropriate and in accordance with the article of the law. The Act does not seem to provide any benefit to the animals that the circus object is made of.The purpose of this study is to know the Protection of Animals from the Action of Exploitation and Torture in Circus Show in Indonesia based on the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) also To be known Implementation of Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) against the National Law.The animal circus performances have absolutely no educational value, but also circus performances also do not appreciate the life of animals, even more degrading the dignity of animals, also violate the rights and do not care about the welfare of animals. The circus that uses animals is more concerned with the entertainment aspect than the education aspect, especially the conservation and protection of the animals. Animals used in circus performances are protected animals that are included in Appendix I CITES such as bottlenose dolphins, tigers, elephants and bears who are endangered animals. This clearly violates the provisions of CITES and Law No. 5 of 1990 which discusses the conservation of Biological Resources as well as the Criminal Code. The CITES Convention has long been ratified but, it can not yet be implemented optimally to protect protected animals from threats of extinction. In this regard, a clear and specific national regulation should be established regarding the prohibition of the use of animals in circus rides and their protection with strict sanctions for perpetrators in the event of a violation. It may also consider ratifying an international convention that clearly regulates the prohibition of the use of animals to perform circus attractions in keeping with the existing national law. And against existing and applied rules to be applied clearly and decisively to perpetrators of violations.Keywords: Protection - Exploitation - Animals - CITES
TANGGUNG JAWAB PELAKU USAHA TERHADAP KERUGIAN KONSUMEN PENGGUNA KRIM PEMUTIH BERBAHAYA YANG TIDAK BERLABEL BPOM Nababan, Rosiana Pratiwi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Most of people see the woman’s beautiful face ftom the physical only, it make woman to try to do facial skin care. However, some business actor explot the situation and make foul. Some businesses add mercury and hydrokinon to product they distribute. Bleach cream that are not labeled BPOM, for example Temulawak and Natural 99 are still circulating in Pekanbaru. Based on constitution number 8 of 1999, drug and cosmetics store as one of business are responsible for guaranteeing the quality of goods trades. If there is a loss to the cunsumers. The purpose of the reseach are: First, to find out the responsibility for the loss of consumers using dangerous whitening cream in Pekanbaru. And secondly to find out what consumers are doing agains losses experienced by consumers using dangeous whitening cream in Pekanbaru.The method used is empirical research, another named is sosiological research. This observation, author use sosiological methods namely the study about effectiveness of the laws that apply in society and identify unwritten laws that apply in society. In this case the the reseacrhers conducted research on drug and cosmetics store in Pekanbaru, especially Senapelan district, Sukajadi district, Marpoyan Damai district and Pekanbaru Kota district. In collecting the data, the type of data used in this study are primary data and secondary data, directly via respondent (field). Constitution number 9 of 1999 on Consumer Protection, law journal and book related to the research. The data analysis was done qualitatively and conclusion drawn deductively.From the results of the research in this thesis, there are two main things that are concluded, namely First the form of the business actor’s responsibility towards the loss of consumers using dangerous face whitening creams in Pekanbaru. The second, the effort made by consumers towards the losses experiences by consumers using dangerous whitening creams in Pekanbaru.Keywords : Consumer – Responsibility – Business actor – Consumer Protection
ANALISIS YURIDIS SANKSI PIDANA KEKERASAN PSIKIS TERHADAP PEREMPUAN DALAM UNDANG-UNDANG NOMOR 23 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA IDAWATI '; Dessy Artina; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Domestic violence or what is known as domestic violence often occurs even though Law No. 23 of 2004 concerning the elimination of domestic violence (PKDRT) has occurred. Cases of domestic violence are increasing year by year, especially against women (wives). In domestic violence there is physical violence, psychological violence, sexual violence and economic violence.. The purpose of this thesis writing is: First, Regulation of criminal sanctions on psychic violence within the household based on Law Number 23 of 2004 concerning PKDRT, Second, Proof of victims of psychic violence according to Law Number 23 of 2004 concerning PKDRT, Third, An ideal regulation on criminal sanctions against victims of psychic violence according to Law Number 23 of 2004 concerning PKDRT.This type of research can be classified in the type of normative legal research, because in this study the authors conducted research by examining library materials. Data sources used are secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials.From the results of the research problem there are three main things that can be concluded. First, by referring to Article 10 of the Criminal Code, then in Law Number 23 of 2004 the sanctions imposed on perpetrators of psychic violence are imprisonment and fines. Additional crimes are not the same. Second, the most easily available evidence is "witness testimony, but in general the witness is a family of blood or an arbitration in a straight line, brother, husband or wife. But Article 168 of KUHAP does not allow. Third, the ideal regulation regarding criminal sanctions of psychic violence according to the PKDRT law is not yet appropriate, that the sanctions of psychological violence are made very low. Authors' advice: First, an optimal socialization of the PKDRT law so that the community knows that psychic violence can be criminalized and the impact is more dangerous to one's mental health. Second, the proof of the victims of psychic violence is most easily obtained through witness testimony, given that witnesses in this crime, generally are blood relatives or seminars in a straight line, relatives, husband or wife, according to article 168 of the Criminal Procedure Code, cannot be heard and can resign as a witness, it should be allowed in the PKDRT law. Third, it is better to impose sanctions on imprisonment and fine psychic violence in the PKDRT law. Keywords: Sanctions - Violence - Psychic

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