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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
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Articles 2,579 Documents
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PERJUDIAN PACU ANJING BERDASARKAN KITAB UNDANG-UNDANG HUKUM PIDANA DI WILAYAH HUKUM KOTA PAYAKUMBUH Peni Indriati; Erdianto '; Ferawati '
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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Abstract

Gamble or gambling or gambling game according to the Big Indonesia Dictionary is a game with spending money as a bet. Then gambling is risking an amount of money or possessions in the game of puzzle based on coincidence, with the goal of getting a sum of money or property that is greater than the amount of money or possessions. Gambling appears due to the unstable society both in terms of religion, moral economy as well as the state of the law. Gambling is one of the diseases of society already deeply ingrained and hard enough to be eliminated despite the threat of sanctions and penalties for this act are cleary regulated in the legislation. The purpose of writing this thesis is, First,to know the rule of law against the crime of gambling legal telic dog runway at Payakumbuh. Second, to find out the cause factor dog runway tradition of switching functions became a criminal offence in the community town of Payakumbuh. Third, to find out the problems encountered in enforcing the law against the crime of gambling laws in the area dog runway at payakumbuh.From the result of the research there where three basic issues that can be inferred. First, the enforcement of the law against the crime of gambling is already carried out in accordance with the applicable legislation, but there are still some issues that cause law enforcement against criminal acts of gambling has not been fullets and optima. Second, the existence of some of the facrors which led to a tradition transformed into criminal acts,especially the factors that came from himself of the humans. Third, the existence of several problems that hinder and must be solved by law enforcement agencies in the enforcement of the law against the crime of gambling.Keyword: Law Enforcement-Gambling-Crime
ANALISIS YURIDIS PENAYANGAN PEMERIKSAAN SAKSI SECARA LANGSUNG DI MEDIA TELEVISI DALAM PERKARA DI PENGADILAN BERDASARKAN KITAB UNDANG-UNDANG HUKUM ACARA PIDANA (KUHAP) Adi Kuangga La Peruntus Sembiring Melial; Erdianto '; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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An important part of collecting evidence is the information from a witness. Based on juridical description, a witness is a way or tool which is so important to determine someone was wrong or not in a criminal case. The witness are regulated in the Book of the Code of Criminal Procedure (KUHAP) which is in article 1 number 26 KUHAP. As a one of a democratic Country, Indonesia so concern about a transparency in all sector and “witness in a court was including in this agenda. The principle of Openness was one of the implantation of the transparency Law in Indonesia . The principle of Openness states that a court can be open for public except which regulated in article 153 number 4 which the head of judge at trial shall open the trial and declare it open to the public except in a case concerned with morals or where the accused was legally summoned . But the transpiration of witness was regulated in KUHAP which one about the testimony of witness in Television. In article 185 number 4 was states that separate testimonies of several witness concerning an event or circumstance may be used as legal means of proof if such testimonies are related to one another in such a way as to confirm the occurrence of a certain event or a existence of a certain circumstance.The objectives of this research paper therefore are: first, to know the purpose of broadcasting directly the examination of witness in Television. Second, to know how the reaction from The Indonesian Law on the directly broadcasting the examination witness in Television according to the Book of the Code of Criminal Procedure (KUHAP).The type of this research can be classified in types of juridical normative research, because in this research the authors use the study material libraries like official documents, books for research, in this study, the data source using the primary data, secondary data and tertier data, data collection technique on this research is study of librarianship method or documentary studies.
TINJAUAN TERHADAP PENYELESAIAN KREDIT MACET PADA ASTRA CREDIT COMPANIES (ACC) PEKANBARU MELALUI JASA PIHAK KETIGA (PROFESIONAL COLLECTOR) Putri Maya Sari; Maryati Bachtiar; Dasrol '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Regulation about professional collectors can be observed on 49 section No. 30/POJK.05/2014 Good Corporate Governance For Finance Companies. If the regulation is not applied, professional collectors became illegal, and their actions also be illegal too. The purpose is : First, The Completion Of Non Performing Loan By Professional Collectors in Astra Credit Companies (ACC) Pekanbaru Based On The Legislation, Second, Astra Credit Companies (ACC) Pekanbaru’s Responsibility Toward Professional Collectors On Their Companies For Completion Non Performing Loan.The kind of the research is empiric, the research be held on location to get the real result. The location is Astra Credit Companies (ACC) Pekanbaru office, the population and sample is the people who get involved with this research, data source is primary data, secondary data and tertiary data, data collection techniques is interview and related literature.The conclusion of the research result is had two points. First, the completion non performing loan by professional collectors not according the legislation yet. Second, Astra Credit Companies (ACC) Pekanbaru must take full responsibility and make sure customers not harmed. The advice is, First, Astra Credit Companies (ACC) Pekanbaru must keep up the regulation, Second, Astra Credit Companies (ACC) Pekanbaru have to make sure to take full responsibility and the customers not harmed.Key Words: Non Performing Loan - The Third Side - Professional Collector
PERLINDUNGAN HUKUM TERHADAP PENGEMUDI TRANSPORTASI ONLINE PEREMPUAN BERDASARKAN PERATURAN PERUNDANG-UNDANGAN DI INDONESIA Elda Mitari; Maryati Bachtiar; Dasrol '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Abstract

Labor has a very important role in national development. These resources interact with other development capital, coupled with the role of technology will support development programs in the field of economy and community welfare. Legal protection is all effort made consciously by every person or government or private institution that aims to seek security, control and fulfillment of welfare in accordance with human rights. At the beginning of its emergence, it was started by the Uber application that carries Uber Taxi as an online application-based transportation service business. Then followed by the appearance of GOJEK, GrabBike, GrabTaxi, and other online-based applications. Facing technological advances should be accompanied by labor law reforms. Because in carrying out their work there are threats and dangers that can occur to women online transportation drivers, but there are no specific arrangements related to legal protection for drivers of online transportation. In the city of Pekanbaru, it has developed with the presence of online drivers who use internet applications.The problems that are the object of this research are: First, What is the regulation of legal protection for female online transportation drivers based on the legislation in Indonesia? Secondly, Are legal arrangements related to online transportation drivers providing legal protection for female online transportation drivers ??This type of research is Normative legal research.The results of this study are First, There are no specific arrangements related to Legal Protection of Women Online Transportation Drivers. Because the relationship between service providers and drivers Online transportation is a partner, not an employment relationship as referred to in Law Number 13 of 2003 concerning Manpower. So that work protection against drivers Women's online transportation cannot be based on work protection for women referred to in Law Number 13 of 2003. Secondly, with the absence of an arrangement that becomes the legal basis for Legal Protection for Female Online Transportation Drivers, meaning that there is no Legal Protection For Women Online Transportation Drivers. This is because the partnership relationship applies, a legal reform is needed in Indonesia regarding the Regulation of Legal Protection for Women Online Transportation Drivers.
KEDUDUKAN HASIL ANALISIS PUSAT PEMERIKSA ANALISIS TRANSAKSI KEUANGAN DALAM PEMBUKTIAN TINDAK PIDANA PENCUCIAN UANG Renalmon Josua Serra; Erdianto '; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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The crime of money laundering (TPPU) is the act of hiding or disguising moneyobtained from illegal sources into legal (legal) money. The act is done with the aim tocomplicate law enforcement officers in investigating the origin of money / wealth. lawenforcement officers find it difficult to prove the existence of TPPU because thedocuments found do not lead to the deeds as specified in article 2 of Law no. 8 Year2010 on the Prevention and Eradication of Money Laundering Crime (PP-TPPU). Thisis an obstacle in the process of investigation conducted by law enforcement officers tofollow up the case. The problem of this thesis is the first, concerning the position ofPPATK (Center for Financial Transaction Reporting and Analysis) in money launderingcrime related to Money Laundering crime seen from Law No. 8 Year 2010. Second, thestrength of result of analysis from PPATK and validity of analysis in the Criminal Codeand Criminal Procedure Code. Thirdly, the PPATK effort in proving the data resultfrom money launderers in Indonesia. This type of research can be classified in the typeof normative juridical research, because in this study the author discusses the principlesof law, legal system, the level of legal synchronization, legal history and comparativelaw and to provide a complete and clear picture of the problems examined by the author.This research is done by normative method, data source used with cases that exist ininternet and literature studyKeywords: Crime, Money Laundering, Law Enforcement
Analisis Yuridis Penayangan Pemeriksaan Saksi Secara Langsung Di Media Televisi Dalam Perkara Di Pengadilan Berdasarkan Kitab Undang-Undang Hukum Acara Pidana (KUHAP) Adi Kuangga La Peruntus Sembiring Melial; Erdianto '; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Abstract

An important part of collecting evidence is the information from a witness. Based on juridical description, a witness is a way or tool which is so important to determine someone was wrong or not in a criminal case. The witness are regulated in the Book of the Code of Criminal Procedure (KUHAP) which is in article 1 number 26 KUHAP. As a one of a democratic Country, Indonesia so concern about a transparency in all sector and “witness in a court was including in this agenda. The principle of Openness was one of the implantation of the transparency Law in Indonesia . The principle of Openness states that a court can be open for public except which regulated in article 153 number 4 which the head of judge at trial shall open the trial and declare it open to the public except in a case concerned with morals or where the accused was legally summoned . But the transpiration of witness was regulated in KUHAP which one about the testimony of witness in Television. In article 185 number 4 was states that separate testimonies of several witness concerning an event or circumstance may be used as legal means of proof if such testimonies are related to one another in such a way as to confirm the occurrence of a certain event or a existence of a certain circumstance.The objectives of this research paper therefore are: first, to know the purpose of broadcasting directly the examination of witness in Television. Second, to know how the reaction from The Indonesian Law on the directly broadcasting the examination witness in Television according to the Book of the Code of Criminal Procedure (KUHAP).The type of this research can be classified in types of juridical normative research, because in this research the authors use the study material libraries like official documents, books for research, in this study, the data source using the primary data, secondary data and tertier data, data collection technique on this research is study of librarianship method or documentary studies.JOM Fakultas Hukum Volume V, Edisi 2 Juli-Desember 20182Key words : Witness, Transparency, The book of the Code of Criminal Procedure (KUHAP)
PELAKSANAAN PEMBERIAN GANTI KERUGIAN DALAM PENGADAAN TANAH UNTUK PEMBANGUNAN JALAN TOL PEKANBARU-DUMAI (STUDI KECAMATAN KANDIS KABUPATEN SIAK) ', Jefrizal; Bachtiar, Maryati; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Abstract

Since the first land is very closely related to everyday human life and is a basic human needs of life. The amount of land that is not belanced with the large needs of the community to do the development for the implementation of various activities. The problem of compensation provided is not feasible or far exceeds the feasibility may cause riot. Therefore the grant of the compensation shall not cause the person to be deprived of his/her place of residence for not being able to purchase the land for the compensation. The government mechanism for compensation based on the value of the land, as per article 33 of law Nomor 12 of 2012 on land acuisiton for development for the public interest. The purpose of waiting this thesis, namely: First, the implementation of compensation in the procurement of land for the contruction of toll reoads Pekanbaru-Dumai (study Kandis Sub-district of Siak Regency), Secondly, the obstacle that cause the completion of compensation in the contruction of toll reoads Pekanbaru-Dumai (study Kandis Sub-district of Siak Regency).This type of research can be classified in the type of sociological juridical research, because in this study the authors directly conduct research on the location or place studied in order to provide a complete and clear picture of the problem under study. This research was conducted in Kandis Sub-district of Siak Regency, while the population and sample were all parties related to the problem studied in this research, data source used, primary data, secondary data and tertiary data, data collection technique in research this is by interview and literature review.From the results of research problems there are two main things that can be concluded. First, the implementation in the form of compensation in the construction of Pekanbaru-Dumai toll road especially in Kandis District is not suitable as regulated in Law Number 2 Year 2012 About Land Procurement for Development for Public Interest. The government can only provide compensation in the form of money and adjusted to the budget of the government regardless of the condition of community land. Second, the obstacle to the completion of compensation in the construction of Pekanbaru-Dumai toll road is caused by several factors, namely: factors of society, factors of government, and factors of the company. Suggestion Writer, First, the government expected according to Law Number 12 of 2012 compensation should be fair and fair to the public. Secondly, the community must know the purpose of this development and if it is necessary to relinquish its land rights for the common good the community must be willing to voluntarily free the land.Keywords: Land - Indemnification - Procurement
KONTRIBUSI PARTAI POLITIK ISLAM DALAM PEMBENTUKAN UNDANG-UNDANG (Studi Atas Pembentukan Undang-Undang Pasca Reformasi) ', Cahyono; Firdaus, Emilda; Indra, Mexsasai
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Every independent states certainly forming a law that consider to be inaccord with they are, or extracted of the society in their community. That’s oneof factor law becomes a tool of social engineering. Public’s will to forming alaw was presented in House of People’s Representatives. In fact the Senateoften doesn’t representation of public’s law, but prioritised their concerns.State’s will representation in national politics, which is statementsto appliesnational law and towards of the system formed would be developed.The purpose is :First, Islamic Political Parties contribution to forming alaw since reformation, Second, the extent Islamic Political Parties implicationto forming a law since reformation.The kind of the research is normative legal research, the research basedon the understanding that coherence of the truth, that law is prescriptive andapplied, jurisprudence of research in natural sciences and social sciencescan’t be applied in Legal studies.The conclusion of the research result is hadtwo points. First, formed law is authority House of People’s Representativesbased on 1945’s constitution. Islamic Political Parties contribution to forminga law there’s no regulation about Islamic Political Parties initiative to appliedbecomes Indonesia’s active law. But on process Islamic Political Parties usetheir constitutional rights to arrange their ideology becomes materials ofactive law, although not necessarily accepted. Second, acctually House ofPeople’s Representatives on a par to Islamic Political Parties. IslamicPolitical Parties implicationto forming a lawshow up that the tendency towardsunification of law has led to feuds between state and Muslims. Frictionreflected on some Acts product which caused the dispute between House ofPeople’s Representatives and to Islamic Political Parties in any Laws.KeyWords: Contribution, Party, Politics, Islam, Law, Reform
PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU PENYEBAR INFORMASI YANG MENIMBULKAN RASA KEBENCIAN, PERMUSUHAN DAN SARA BERDASARKAN UNDANG – UNDANG NOMOR 19 TAHUN 2016 PERUBAHAN ATAS UNDANG- UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK HUTAURUK, FEBRY JAYANTI; Artina, Dessy; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Indonesia is one of the many developing countries that use social media. This can be seen from the many users of communication tools that aim to make it easier for people to get information from one to the other. The condition turned out to open a lot of opportunities for parties who are not responsible for mususing social media is based on this understanding then the authors formulate two formulation of the problem namely: first, how criminal responsibility for the perpetrators of information dissemination that creates hatred, hostility and SARA based on law number 19 of 2016 amandments to law number 11 of 2008 concerning electronic information and transactions? Second, how is the ideal concept of criminal responsibility for the perpetrators of disseminating hate speech, hostility, and SARA on social media?In writing this thesis, the author uses the type of normative juridical writing that is research on the principles contained in the criminal law. This study uses secondary data anda tertiary data and data collection techniques in research with library studies.From the results of this study can be concluded first,criminal responsibility for the perpetrators of information dissemination that creates hatred, hostility and SARA based on law number 19 of 2016 amandments to law number 11 of 2008 concerning electronic information and transactions still not effective in giving punishment to the perpetrators so that there is no deterrent effect on the perpetrators who disseminate information that gives rise to hatred, hostility and SARA. Second, the ideal concept criminal responsibility towards the perpetrators hate speech, hostility, and radical intolerance and transaction law stiil has a very broad definition in terms of hate speech so that in the future it will provide good legal rules so that the criminal responsibility is fulfilled in these elements.
PERLINDUNGAN HUKUM TERHADAP KONSUMEN LIPSTIK YANG TIDAK MEMILIKI LABEL KADALUARSA DI KOTA PEKANBARU Manurung, Yulika Donna; Bachtiar, Maryati; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Consumer protection at the moment can not be separated from trading activities. In this trading activity, it is expected to create a balance of rights and obligations between business actors and consumers. In Indonesia today consumer protection gets considerable attention because it involves rules for welfare. With the balance between business actors and consumers can create prosperous and prosperous people.The rights and obligations attached to the producer and the consumer are the embodiments of the principle of benefit, the principle of fairness, equilibrium, security, consumer safety, legal certainty, which impacts responsibility to both parties, that a responsibility will not be born if either of the two it does not exist. The right will not be fulfilled if the obligation is not implemented and vice versa, the obligation can not be fulfilled if no rights will be obtained. Pursuant to the translation in the government regulation determines that the guidance of consumer protection is carried out by the Government as an effort to guarantee the rights of consumers and business actors and the implementation of their respective obligations in accordance with the principle of fairness and / or the principle of balance adopted in the Consumer Protection Act.Legal protection against consumer of lipstick cosmetics which has no expired label in Pekanbaru City for correct, clear and honest information about condition and guarantee of goods and / or service in Law Number 8 Year 1999 About Consumer Protection contained in article and Head of Regulation Food and Drug Supervisory Agency of the Republic of Indonesia Number 19 Year 2015 About Technical Requirements Cosmetics, in fact has been clearly regulated related to the obligation of business actors to provide information as complete as possible to avoid the loss on the cosmetics consumer and cosmetics consumers feel safe and comfortable use the product.Supervision of cosmetic circulation has a broad problem, tend to be complex, and is a joint responsibility between government, society as consumers, and business actors. The participation of the community and business actors in the supervision of cosmetic circulation is important and needs to be improved.Keywords: Consumer Protection-Consumer-Cosmetics