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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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PERLINDUNGAN HUKUM INTERNASIONAL TERHADAP SILEK LINTAU SEBAGAI KEBUDAYAAN ASLI SUMATERA BARAT BERDASARKAN UNESCO CONVENTION FOR THE SAFEGUARDING OF THE INTAGIBLE CULTURAL HERITAGE 2003 M.Aidil Akbar; Zulfikar Jayakusuma; Aditiara Putri
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

Cultural heritage is a nation's indispensable identity to promote Indonesia'snational culture. Cultural heritage includes the culture of tangible culturalheritage and intangible cultural heritage. Indonesia's cultural heritage that hasbeen registered and managed by the Directorate General of Culture to date hasamounted to 594 cultural works. The cultural work consists of 137 people'scustoms, rites and celebrations; 160 works of traditional skills and crafts; 31cultural works in the field of knowledge and behavioral habits concerning theuniverse; 69 in the field of tradition and oral expression, as well as 197 culturalworks related to performing arts. Silek Lintau is one of the performing arts.Currently Silek Lintau is more popular in foreign country than in Indonesia, soSilek Lintau needs to be protected.This study uses a sociological legal research typology or so-called nondoctrinallegal research, more specifically discussing the effectiveness of the law.In this study the author uses the nature of descriptive research, because theauthors describe Implementation of Unesco Convention For The Safeguarding OfThe Intangible Cultural Heritage 2003 In Protecting Silek Lintau. The results ofthe research conducted by the author is, first Silek Lintau can be protectedinternationally through Convention UNESCO Convention For The SafeguardingOf The Intangible Cultural Heritage 2003. Besides can be protected through theRegime of UNESCO 2003, Silek Lintau can also be protected through IntellectualProperty Rights Regime, at UNESCO Convention On The Protection AndPromotion Of The Diversity Of Cultural Expression 2005. Central and localgovernments are obliged to advance the culture of the Indonesian nation. Inprotecting the culture, there are various obstacles, including the erosion ofcultural values due to lack of appreciation from the younger generation. Theshort-term solution that government can do is to promote a culture in variousevents, both at home and abroad.Keywords: Protection - International - Silek Lintau - UNESCO Convention
PERLINDUNGAN HUKUM TERHADAP KONSUMEN DALAM PENGGUNAAN KANTONG PLASTIK HITAM PADA KEMASAN MAKANAN DI PASAR TRADISIONAL SENAPELAN KECAMATAN SENAPELAN KOTA PEKANBARU Saleha Saleha; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Abstract

Law Number 8 of 1999 concerning Consumer Protection, is intended to be a strong legalbasis for consumers and business actors for their rights and obligations, as well as a strong legalbasis for government and non-governmental consumer protection institutions to make efforts toempower consumers through coaching and consumer education. The rapid advancements intechnology now bring a variety of new products that can meet consumer needs. The use of goodtechnology, on the one hand, enables producers to be able to make products of various types,shapes, uses and qualities so that the fulfillment of consumer integrity can be fulfilled more widely,but on the other hand the use of technology enables the production of products that are not inaccordance with the security and safety requirements of users. to consumers. Food safety is one ofthe important factors that must be considered in daily consumption. Packaging in food also has thefunction of health, preservation, ease, uniformity, promotion and information. But not all foodpackages are safe for the food they pack. Therefore, the purpose of this paper is: First, the causesof the circulation of black plastic bags at the Senapelan Traditional Market, Senapelan District,Pekanbaru City; Second, efforts made by the government in overcoming the use of black plasticbags at the Senapelan Traditional Market, Senapelan District, Pekanbaru City.This type of research can be classified in the type of sociological juridical research, becausein this study the author immediately approached by looking in terms of legislation and the realitythat occurred in the field, according to the formulation of the problem expressed by the author. Thisresearch was conducted at the Senapelan Traditional Market, Senapelan District, Pekanbaru City,a plastic bag trader and BBPOM in Pekanbaru City.The conclusions that can be obtained from the results of the study are: First, the causes ofthe circulation of black plastic bags in the Senapelan Traditional Market, Senapelan District,Pekanbaru City, due to the absence of strict sanctions from the government, lack of consumerknowledge and lack of knowledge of business actors. Second, the efforts carried out by Pekanbaru'sBBPOM in the use of plastics are: First, conducting food safety counseling, disseminatinginformation through mass media and electronics, disseminating information through exhibitions;Second, the efforts made by businesses in the use of black plastic bags are: striving for goods and /or services circulating in the community to be products that are worthy of circulation; Third, effortsmade by consumers, namely: thorough before using a product, make a complaint if foundsomething wrong, pay attention to the quality of goods, know the rights and obligations ofconsumers.Keywords: Legal Protection – Consumer – Plastic Bag
TINDAK PIDANA PENODAAN BENDERA MERAH PUTIH BERDASARKAN UNDANG-UNDANG NOMOR 24 TAHUN 2009 TENTANG BENDERA, BAHASA, DAN LAMBANG NEGARA SERTA LAGU KEBANGSAAN DIKAITKAN DENGAN ASAS PERSAMAAN DI HADAPAN HUKUM Rizky Soehantoro; Erdianto Effendi; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Abstract

Since the 1945 Constitution applies, Indonesia as a rule of law gives a message of a strong desire that the state guarantees the equality before the law. In the 1945 Constitution there is also the red and white flag which is the flag of the Indonesian state. The red and white flag as an identity and identity of the Indonesian state. In its use the red and white flag cannot be arbitrary, therefore, this red and white flag becomes sacred. Although the arrangement was made in Law No. 24 of 2009 concerning Language Flags and State Symbols and National Anthems, however, there is no equal treatment before the law against the crime of desecration of the red and white flag. Due to the absence of separation of acts it is prohibited to make anyone processed until the court and some are not processed until the court. The purpose of writing this thesis are: First, to find out the law enforcement against the crime of desecration of the red and white flag based on Law Number 24 of 2009 concerning Flags, Languages and State Emblems and National Anthems in Indonesia. Secondly, to find out the limits of tainting the criminal act of desecration of the red and white flag based on Law Number 24 of 2009 concerning Flags, Languages and State Symbols and the National Anthem. Third, to find out the ideal arrangement for the crime of desecration of the Red and White Flag based on Law Number 24 of 2009 concerning Flags, Languages, and State Symbols and the National Anthem is associated with the principle of equality before the law. This type of research is normative legal research. From the results of the research problem there are three main points concluded, first, law enforcement against crimes of desecration of the red and white flag in Indonesia is still relatively weak, because the regulation in Article 66 and Article 24 letter a as a related article, does not separate acts prohibited from making law enforcement there those who are legally processed until a court and some are not processed by law until the court. So that causes unequal treatment before the law. Secondly, the limitation of desecration in the crime of desecration of the red and white flag is not so clear that the act of being an abstract makes the one related to the red and white flag so it can be categorized as a crime of desecration of the red and white flag. Third, Article 66 and Article 24 letter a as related articles of Law No. 24 of 2009 concerning National Flags, Languages and Symbols, and the National Anthem currently available is not yet effective enough. Due to the absence of separation of acts which were prohibited in the criminal act of desecration of the red and white flag. The absence of an ideal arrangement and not yet listed or not yet reflected in the principle of equality before the law in the regulation so as to make law enforcement difficult. Keywords: Crimes-desecration-White-Red Flag-Principle of equality before the law
MODEL PENGATURAN HUKUM PIDANA TERHADAP PENGGUNA JASA PEKERJA SEKS KOMERSIAL DI INDONESIA Leni Fuji Lestari; Erdianto '; Ferawati '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Abstract

Prostitution is a job that a person who acts as an intermediary or service provider (pimps), commercial sex workers, and service users themselves. Commercial sex work is not only carried out by people who do it down the middle to meet the necessities of life, in fact, recently we see and listen to the news that public figures, though there have been many who undergo job These just to get more money. If seen from the legitimacy of the law, the service user can not be subject to criminal terbenturnya because the law enforcement in Indonesia with the legal principle of "nullum delictum nulla poena sine lege poenali pravia" which means there is no one the delik can are convicted without the rules in advance, plus more because of legal arrangements which exist only as in the Bylaw area which is not binding on all over the place in the country of Indonesia. At this time, the application of the principle of legality is in an alarming stage where law enforcers often use criminal law based on the principle of the legality of a rigidly based on legislation. The purpose of writing this thesis, namely: first, the criminal sanctions Against users of the services of commercial sex workers in Indonesia. Second, the Ideal Settings Against service users of commercial sex workers in Indonesia. This type of research can be classified in types of normative research, because in this study the author discusses about legal principles concerning the rule of law for the service users of commercial sex workers. From the results of the research there were two basic problems that can be inferred. First, according to positive law in Indonesia, there has been no criminal sanctions which ensnare the users of the services of commercial sex workers. This is because the book of Criminal law in use today is still a legacy of the colonial Netherlands East Indies. In the CRIMINAL CODE currently does not yet have specific rules governing the crime of prostitution. The second, not the existence of the ideal settings and difficulty of lawmen to trapping the perpetrators of prostitution is also caused due to the principle of the legality of this led law enforcers difficult moves to eradicate the practices of the duty undergo prostitution. The author's suggestion, first, the Expected criminal sanctions that were previously just to pimp or procurer of course, in the time to come may be subject also to users of commercial sex workers service workers even itself. Second, the ideal Setting to establish criminal sanctions against commercial sex workers service users can be realized with the renewal of the book of the law of criminal law. Keywords: Legal Arrangements-Prostitution-Law Updates
TINJAUAN YURIDIS PENERAPAN DEPONERING SEBAGAI ALASAN PELAKSANAAN ASAS OPORTUNITAS OLEH JAKSA AGUNG REPUBLIK INDONESIA INTAN PURNAMA SARI; Dessy Artina; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Abstract

Opportunity principle is a prosecution discretion owned by the Attorney General's Office which in this case only exists with the Attorney General through Law No. 16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia, clearly authorizing the Attorney General to override cases in the public interest or what is called deponering. The Criminal Procedure Code also recognizes the existence of the principle of opportunity contained in the explanation of Article 77 of the Criminal Procedure Code. The purpose of writing this thesis is: First, to find out the application of deponering by the Attorney General of the Republic of Indonesia in the Criminal Procedure Code. Second, to find out the application of deponering as a reason for implementing the principle of opportunity by the Attorney General of the Republic of Indonesia. Third, to find out the ideal concept of deponering arrangements in the upcoming Criminal Procedure Law.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. The data sources used are secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials, because the authors conduct research on the principles of law by utilizing descriptive methods to provide an overview of the application of case adjudication in the public interest (deponering) based on principle of opportunity.From the results of the study it can be concluded, First, the application of deponering by the Attorney General of the Republic of Indonesia is regulated in the explanation of Article 77 KUHAP. Secondly, the application of deponering as the reason for the implementation of the principle of opportunity by the Attorney General of the Republic of Indonesia is based on 3 (three) reasons, namely: Cases are set aside due to policy reasons; the criminal act was light, the perpetrator was old, the damage had been repaired and the loss had been replaced, the case was ruled out for technical reasons (insufficient evidence, past time, etc.) and the case was ruled out through a merger, which was to combine the case of the suspect with another case that had been brought to court . Third, the ideal concept of regulating deponering implementation in the upcoming procedural law is regulated in Article 42 Paragraph (2) of the KUHAP Bill. The author's suggestion, first, is more clarified in the technical stages of deponering, because the regulation on this matter is still unclear. Secondly, it is necessary to create guidelines that provide any criteria that are included in the public interest category. Third, it must have clear boundaries and parameters, namely the extent to which deponering meets the requirements in the public interest.Keywords: Deponering - Principle of Opportunity - For the Public Interest
Pelaksanaan Tanggung Jawab Perusahaan Outsourcing (PT. Mitra CahayaNusantara Pelalawan) Terhadap Pekerja/Buruh Addina '; Hayatul Ismi; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Outsourcing defined as the utilization of labor to produce or implement a job by a company through a provider of labor. In the implementation of the system outsourcing rules must be made based on the rules that have been set that is in accordance with Law No. 13 of 2003 about manpower . Climate business competition is getting tighter, the company tries to make production cost efficiency (cost of production). One of the solution is with the system of contract employees, where with this system the company can save expenses in finance human resources working in the company concerned. In this case still the occurrence of violations committed by outsourcing companies where in practice still not in accordance with the rules that have been determined. One of them is done by PT. Mitra Cahaya Nusantara Pelalawan, this action certainly requires a responsibility that must be implemented by the company in order to provide welfare to workers / laborers who work. The problem that will be discussed in this thesis is how the responsibility of outsourcing company (PT Mitra Cahaya Nusantara) toward the labor .This type of the research is sociological, because in this study the authors directly conduct research on the location or place studied in order to provide a complete and clear about the problem of the research . This research was conducted at PT. Mitra Cahaya Nusantara Pelalawan, while the population and sample are all parties related to the problem studied in this research, data source used, primary data, secondary data and tertiary data, data collection techniques in this study with interviews, questionnaires and literature study .The result of the research, it can be concluded that Corporate Responsibility Outsourcing (PT Mitra Cahaya Pelalawan) has not run well and maximum. The existence of constraints faced that cause the company difficult to run outsourcing system properly. To overcome this problem, it is advisable to tighten the supervision of companies engaged in outsourcing and for workers / laborers more trying to understand the rights and obligations that they should accept it based on the rules of the laws that have governed it.Keyword : Responsible – Outourcing - workers / laborers
Tinjauan Hukum Terhadap Konsumen Akibat Iklan yang Menyesatkan dalam Media Online Nur Aminah Harahap; Hayatul Ismi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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One of the tools that is often used by businesses to market their products is by advertising. Accordingto law number 8 of 1999 concerning consumer protection, promotion is the activity of introducing ordisseminating information on goods and/or services, to attract consumers’ buying interest in goods and/orservices that will and are being traded. In this case the dissemination of information on an item and/orservice can be carried out in the form of advertisements that are displayed in online media. Problems facedby consumers are goods and/or services that are not as expected as advertised. Due to the misleadingadvertising, business actors should be responsible for losses suffered by consumers.This type of research can be classified in the type of normative legal research, reviewing the legalprinciples contained in law number 8 of 1999 concerning consumer protection. Based on its nature thislegal research is descriptive in that it describes and describes all data obtained from the results of literaturestudies relating to the title of legal writing which is clearly and in detail then analyzed to answer theproblems under study.From the results of research and discussion it can be concluded that, first, consumer protection bythe state, namely by making policies that are tangible in the form of legislation, namely law number 8 of1999 concerning consumer protection. In general the state carries out the task of fostering and supervisingthe implementation of consumer protection, including the task of coaching and supervising advertisingactivities. Another form of consumer protection by the state from misleading advertisements can be seen inthe judge’s fair judgment and the application of legal principles and rules accordingly. Secondly, theresponsibility of business actors towards consumers due to misleading advertisements in online media basedon law number 8 of 1999 concerning consumer protection (UUPK) already exists in the UUPK specificallycontained in Article 20 despite the absence of legislation that regulates related details advertising.
Pertanggungjawaban Pidana Terhadap Tindak Pidana Perdagangan Organ Tubuh Manusia Untuk Kepentingan Transplantasi Organ Dalam Hukum Pidana Indonesia Romi Saputra; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Trafficking of human organs is one of the most rapidly evolving crimes in Indonesia.This crime is for the purpose of organ transplant effort. Transplantation is a noble undertakingwhere a donor gives a part of his body or his organs to help patients who have malfunction ofcertain organs. In Indonesia the criminal act of trafficking human organs by regulation.While the criminal acts of trafficking of human organs are extraordinary crimes thatshould be regulated more specifically in legislation such as laws on the trade of human organs.Based on this understanding, the writer of this thesis formulates two formulation of the problem,namely: First, How to regulate the criminal trafficking of human organs according to Indonesiancriminal law? Second, What is the criminal liability for the crime of trafficking of human organsin Indonesian criminal law?The regulation of the crime of trafficking of human organs based on positive law inIndonesia. Sanctions against criminals shall be subject to special sanctions that may bedeterrent such as imprisonment or fines.Based on this, Indonesia should make further rules on the criminal act of traffickinghuman organs into a form of legislation such as laws on the trading of human organs andpenalties by imposing appropriate sanctions on such crimes.Based on this, Indonesia shouldmake further rules on the criminal act of trafficking human organs into a form of legislation suchas laws on the trading of human organs and penalties by imposing appropriate sanctions onsuch crimes.
ANALISIS YURIDIS KERJASAMA ANTARA INTERNATIONAL CRIMINAL POLICE ORGANIZATION DENGAN KEPOLISIAN NEGARA REPUBLIK INDONESIA DALAM MELAKUKAN PENCARIAN DAN PENANGKAPAN PELAKU TINDAK PIDANA KORUPSI YANG MELARIKAN DIRI KE LUAR NEGERI Nadia Yuri Malinda; Erdianto Effendi; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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The criminal act of corruption is considered an extraordinary crime, evencorruption in Indonesia is now considered to be no longer a domestic issue, but hasbecome a cross border or transnational crime. The attempt to escape abroad is a modecomitted by corruption actor to avoid legal process. Generally the targeted countriesare countries that do not yet have an extradition treaty with Indonesia. As internationalcrime grows, the police in many parts of the world can not work alone, therefore thecooperation between the police and Interpol has an important role to capture andrepatriate fugitives who fled abroad. The purpose of this research are; first, to know theauthority that ICPO-Interpol has in cooperating with the Police State of The Republicof Indonesia to conduct searches and arrests of corrupt criminals who escaped abroad.Secondly, to find out if ICPO-Interpol can help catch fugitives who escaped to a countrythat does not have an extradition treaty with Indonesia. The type of research conductedis the normative legal research or literature, because the library material as the mainfocus in conducting research. This research is descriptive, that is a research describingclearly and detail about a problem.From the results of research problems there are two main things that can beconcluded. First, the authority of ICPO-Interpol in cooperation with the Police is toissue Notices sent by the Police through NCB-Interpol Indonesia and forward it to eachmember country. Secondly, Interpol can assist in returning fugitives escaped to othercountries that have no extradition treaty with Indonesia with Disguised Extradition orHanding Over, Mutual Legal Assistance (MLA) or through the police to police. Myadvice, first, Interpol cooperation in overcoming international crime more developed byadding member countries, for cooperation in handling international crime andtransnational crime become more effective. Secondly, Indonesia needs to improve andstrengthen the diplomatic network with other countries in the world to assist insupporting the performance of NCB-Interpol Indonesia.
PENGELOLAAN DAN PEMANFAATAN TANAH ULAYAT DALAM MEWUJUDKAN KESEJAHTERAAN MASYARAKAT ADAT DI DESA KOTO TUO KECAMATAN XIII KOTO KAMPAR KABUPATEN KAMPAR Rizki Pratama; Hayatul Ismi; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Every society needs land in its life, in indigenous society there is name of hak ulayat which is right of a group of indigenous people on a piece of land called ulayat land. talking about ulayat land, customary land rights holder dupimpin by adat stakeholders or tribal penghulu. Article 9 Regional Regulation of Kampar Regency states that the duty of the tribal elders shall be to organize the government, welfare, and security in their tribal areas in the field of customary law. That is, tribal penghulu obliged to realize the welfare and interests of community members in order to avoid disputes. But the fact that the case of ulayat land in the sale and the management and utilization is no longer in accordance with the existing rules. The purpose of writing this thesis, namely: First to know how the management and utilization of ulayat land in the village Koto Tuo District XIII Koto Kampar, Second to find out what obstacles encountered when the management and utilization of ulayat land in the village Koto Tuo District XIII Koto Kampar.This type of research can be classified sociologically, 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 Koto Tuo Village, XIII Koto Kampar Sub-district, Kampar District, whereas population and sample are all parties related to the problem studied in this research, data source used primary data, secondary data, and tertiary data, data collection technique in this research with observation, interview, questionnaire, and literature study.From the research results can be concluded two things. First, Ninik mamak is obliged to maintain ulayat land for welfare and mutual interest. Secondly, the unknown extent of ulayat land and the task of ninik mamak is only determined by the traditional language. Author suggestions Firstly, ninik mamak and indigenous peoples should always conduct deliberations before making a decision. Second, it is expected to ninik mamak and adat community to be more cooperative if there are problems to communal land so that the adat society is not harmed and protected.Keywords: Management - Ulayat Land - Community Welfare

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