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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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PENGAWASAN PANGAN TANPA IZIN EDAR OLEH BALAI BESAR PENGAWAS OBAT DAN MAKANAN DI PEKANBARU DALAM HAL PERLINDUNGAN KONSUMEN Christin, Jesicha Maria; Ismi, Hayatul; Hasanah, Ulfia
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

Not only provide a sense of security to consumers of food products, but also a reference to the quality of production by producers and foods that do not have an unsecured licensing is not safe to consumed by consumers. Based on this matter, the Center for Food and Drug Supervisor should still be able to pay attention to food and food products that must be considered further unsafe food products still. The purpose of this thesis, first, To know the supervision of food without distribution authorization of Food and Drug Supervisory Agency in Pekanbaru in terms of consumer protection. Second, To know the constraints of food control without distribution permit conducted by large hall of drug and food superintendent in Pekanbaru in terms of consumer protection and third, to know the efforts of the barriers in the supervision of food without distribution authorization by large hall of drug and food superintendent in Pekanbaru in terms of consumer protection.In this study the authors use the type of sociological research that is the study of the effectiveness of the prevailing law in society and mengidentifiasi laws that are not written applicable in the community. In this case the author conducted a study on Pekanbaru Food and Drug Supervisory Center regarding the supervision of food without distribution authorization in terms of consumer protection.from the results of this study can be concluded, first, Supervision of food without distribution authorization by the Center for Food and Drug Supervisor in Pekanbaru in terms of consumer protection has been running as it should, but still less than optimal. Second, Barriers in the supervision of food without distribution authorization by large hall of drug and food superintendent in Pekanbaru in terms of consumer protection is due to the limited ability of human resources in the field of supervision and law enforcement and third, Efforts that can be done to overcome barriers of food control without distribution authorization by large hall of drug and food superintendent in terms of consumer protection is by increasingkkam human resources capacity in the field of supervision and law enforcement.Keyword: Food – Consumer – Protection - large hall of drug and food
TANGGUNG JAWAB BORGTOCHT TERHADAP DEBITUR YANG DINYATAKAN PAILIT Siburian, Churcil; Bachtiar, Maryati; Hasanah, Ulfia
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

In the case of bankruptcy when the debtor makes a default or does not repay the debt, the creditor immediately asks for accountability to borgtocht as the guarantor in the absence of debt collection to the debtor. Often direct creditors collect the debt to the guarantor, which is clearly not a debtor. And it happens in bankruptcy law that the guarantor of as a guarantor of debtors debtor bankrupted by its creditor without first seeing the real debtor's property.Borgtocht case which is bankrupted before the debtor performs its responsibility can be seen in the decision Number 212 K / pdt.Sus-bankrupt / 2015 case between PT. Jaya Lestari as underwriter with PT. Rabobank International as a creditor clearly seen that as if indeed creditors blame the insurer of the debtor, whereas previously there was a debtor who must be held accountable.In this case the creditor submits a bankruptcy request against the insurer ie PT. Jaya Lestari. The reason the creditor filed for bankruptcy is because the debtor can not repay the debt that has matured. Because in this case the debtor has an underwriter (borg), then this submission is addressed to the insurer of the debtor, and this penanngung is considered as the debtor responsible for the debts of the principal debtor. Applications for bankruptcy of the creditor are accepted, and the insurer is finally bankrupted. Whereas the creditors should first charge the main debtor as the party who owes.This shows that there are still many who do not know the accountability (borg) in a bankruptcy, so that many guarantors are harmed. Based on the above case, the authors are interested to examine "Borgtocht Borrower's Responsibility to the Debt declared bankrupt".Keywords: Borgtocht, Bankruptcy, Default.
REFORMULASI SANKSI PIDANA TERHADAP PERUSAHAAN YANG TIDAK MELAKUKAN PENERAPAN TERHADAP KESELAMATAN DAN KESEHATAN KERJA Safrianda Safrianda; Erdianto Effendi; Dessy Artina
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

In Indonesia the implementation of occupational safety and healthregulations is regulated in Law No. 1 of 1970 concerning Occupational Safety andHealth, with the aim of providing protection to workers or laborers in carrying outtheir work in the work environment. However, in this Law, companies that violatethe provisions of this Law can be given very light criminal sanctions and do notprovide justice if applied at this time. Therefore, a renewal of criminal law isneeded to increase the number of criminal sanctions with the aim of providing adeterrent and justice effect for workers or laborers and to provide protection forworkers or laborers in the future. The purpose of this thesis, namely; First, todetermine the arrangements for the protection of occupational safety and healthfor workers or laborers in the perspective of Law No. 1 of 1970. Second: To findout how to reform criminal sanctions against companies that do not apply tooccupational safety and health.This type of research can be classified in the type of normative legalresearch, because in this study the authors conducted research by examininglibrary materials. The data sources used are, secondary data consisting of primarylegal materials, secondary legal materials, and tertiary legal materials, because theauthors conducted research on legal principles by utilizing deskrptive methods toprovide an overview of overcoming violations of occupational safety and health,with the purpose of providing protection for workers or workers from workrelatedaccidents.From the results of the study it can be concluded, First: The regulation ofthe protection of occupational safety and health for workers or laborers in LawNumber 1 Year 1970 concerning Occupational Safety and Health is still lacking,namely criminal sanctions given are still very light and do not provide a deterrenteffect and taste justice. Second: it requires renewal or reformulation of criminalsanctions by adding the number of imprisonment sanctions or criminal penalties.In the hope of giving a deterrent effect and a sense of justice. In the hope ofreformulating more stringent criminal sanctions, so that companies carry out goodwork safety and health programs, so that workers are protected from the dangersof workplace accidents.Keywords: Reformulation-workers-work safety
POLITIK HUKUM PIDANA PERTANGGUNGJAWABAN PIDANA KORPORASI DIKAITKAN SEBAGAI SUBJEK HUKUM PIDANA Alfikri '; Erdianto '; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Abstract

Development of Globalization, has the potential to cause crimes / crimesin various fields carried out by actors both individuals and corporations that cancause losses and victims, which is supported by the emergence and developmentof science and information technology. The rarity of corporations that are used assuspects or defendants is certainly interesting to study and study. One of thecrucial problems is the difficulty of proving corporate criminal liability to fulfillthe criminal offense element violated by the corporation, because law enforcementofficials are still enforced on the principle of impunity without error which isindeed adhered to in the teaching of criminal responsibility in Indonesia. Thecorporate criminal liability system cannot be separated from the legislation policycontained in the legislationThis type of research can be classified in normative legal research, namelylegal research conducted by researching library materials. This study examinesthe subject matter in accordance with the scope and identification of the problemthrough a statute approach carried out by examining the laws and regulationsthat relate to the legal issue under study. In this study the authors conducted astudy of the principles of law by utilizing descriptive methods. Data collectiontechniques used in the Normative Legal Research are library research methods.The conclusion that can be obtained from the results of the study is thatcriminal law regulation on corporate criminal liability in criminal law cangenerally be classified into two, among others legislation that establishescorporations as the subject of criminal acts and can directly be asked for criminalliability (strict liability) and legislation that establishes the corporation as thesubject of a criminal act, however, the criminal liability is charged to themembers and management of the corporation (vicarious liability. PoliticalCriminal Law related to Corporate Criminal Accountability as a criminal lawsubject is an action carried out in several stages, namely the formulation stage(legislative policy), application stage (judicial policy), and execution phase(executive policy) .Three stages, the formulation stage is the most strategic stageof prevention and control of crime corporation
PENYIDIKAN TINDAK PIDANA PERBANKAN OLEH PENYIDIK DIREKTORAT RESERSE KRIMINAL KHUSUS DI WILAYAH HUKUM KEPOLISIAN DAERAH RIAU Roki Oktavianaldi; Dessy Artina; 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

In the Banking system in Indonesia there are many abuse of authority and deviation in running the activities of Banking in various ways and modes that aims to enrich themselves and a certain group of people, resulting in many occurrence of forms of violations and forms of crime in banking activities. From the increasing impact of banking crime, it is necessary for the role of Police as law enforcement in conducting investigation and investigation process on handling banking crime to provide legal certainty and protect banking activities. From the results of observation on the location of research in the investigation process by Investigator Directorate of Special Criminal Investigation Polda Riau there is handling of banking case long enough run but until now still experiencing obstacles. thus hindering the settlement of a case and an enforcement in Banking activities.From various observations and data collection and information in the form of interviews with related parties to the object of research, it can be formulated issues such as: (1) How to Investigate Bank Crime by Investigator Directorate of Special Criminal Investigation in Riau Province Police Territory; and (2) What are the obstacles of Investigation of Banking Crime by Investigator of Special Criminal Investigation Directorate in Riau Province Police Territory.Handling of banking crime by investigator based on Standart Operational Procedure (SOP), and clarified The stages related to the implementation of law enforcement professional and procedural in jurisdiction Ditreskrimsus Polda Riau, with several stages ranging from acceptance of complaints from the community, the process of investigation, the process of investigation to the final stage that is by delegating the case file declared completeto the Public Prosecution Serviceat the Riau High Prosecutor's Office. Obstacles Investigators in the investigation of Banking crime are at the time of collection of documents or important letters from the Bank, and also in the case of personnel changes where the banking crime case will be replaced by a new investigator so it is necessary to coordinate between the old investigator and the new one so as to require a long time in the settlement of a case, this obstacle is sought by the investigator as much as possible resolved to provide legal certainty against the investigation of Banking crime.
Perlindungan Hukum Bagi Konsumen Perumahan Terhadap Promosi Yang Tidak Sesuai Dengan Yang Diperjanjikan Sesuai Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen Nini Saputri; Hayatul Ismi; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Abstract

Consumer protection is any effort that ensures the legal certainty to provide protection to the consumer. One of the ideals of the struggle of the Indonesian nation is the realization of a just and prosperous society based on Pancasila and the 1945 Constitution in line with national development objectives is to realize the welfare of the birth and the inner for all the people of Indonesia in a fair and equitable. One of the basic elements of people's welfare is the fulfillment of housing needs, which is a basic necessity for every Indonesian citizen and his family, in accordance with his dignity and human dignity. To meet the needs of good and livable housing, people buy homes through developers (developers) housing. Various offers are made by the developer to promote and market their products. In general, residential marketing is done by means of advertising means or brochures as a means of communicating products created and / or marketed by the developer to introduce or disseminate information from the product that the developer has created. The advertisement through the brochure, as well as to attract consumers to buy products in the trade, in this case is housing.namun still many developers are cheating in offering products through brochures not in accordance with the truth, this is clearly violate the Consumer Protection Act namely Law No. 8 of 1999 on Consumer Protection and violated Article 134 of Law No. 1 of 2011 on Housing and Settlement Area. The purpose of this thesis writing so that Consumers are more careful and thorough in buying housing that will in hini, as well as warning for housing developers who have violated the rights of consumers. This type of research can be classified in sociological research, because in this study the authors directly conduct research on the location or place in the meticulous to provide a complete and clear picture of the problem under study. This research was conducted on Tuah Tualang housing of siak district, while for population and sample are all parties related to the problem studied in this research,From the results of this study it can be concluded that there are still many cases in the Consumer Protection Law which in this case the most disadvantaged consumers, especially on consumer protection concerning housing whose bidding system is made by the developer through brochures or advertisements that in fact are not in accordance with the contents which is in the brochure.Suggestions are expected to consumers to be more careful in buying a house on the developers because of the rampant housing cases that occur,Keywords: wanprestasi - consumer protection - housing
PELAKSAAN TUGAS DAN WEWENANG BPJS DALAM PEMBERIAN JAMINAN SOSIAL TENAGA KERJA TERHADAP PERUSAHAAN YANG MEMENUHI SYARAT DI KOTA PEKANBARU BERDASARKAN UNDANG–UNDANG NOMOR 24 TAHUN 2011 TENTANG BADAN PENYELENGGARA JAMINAN SOSIAL M. Kharisma Andreas; Evi Deliana; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Abstract

Social Security Administering Agency (BPJS) Pekanbaru Branch throughout 2016 noted, already 1135 companies in Pekanbaru register its employees. Although the numbers are quite fantastic, but apparently not all companies listed. Because of the record BPJS, the total company ex Jamsostek alone there are about 1807 companies. This shows the company ex Jamsostek there who have not enrolled employees in BPJS employment of about 672 companies.The type of research used in the writing of this law is a sociological legal research that is a study of the effectiveness of the current law or research on the identification of law. Meanwhile, if viewed from the nature of this research is descriptive. This study uses primary data that is data obtained from the field through interviews and secondary data ie data that has been so.The results of this study is the implementation of duties and authority BPJS in the provision of social security workers against companies eligible in the city of Pekanbaru is in accordance with Article 10 and Article 11 of Law Number 24 Year 2011 is the task of BPJS which among other things is to do and receive registration of participants, collecting and managing participant data, receiving government contributions, collecting and collecting contributions from participants and employers, providing information to participants, managing social security funds for the benefit of participants, collecting and managing data of social security program participants. BPJS's authority, among others, is as follows: collect contributions to any company that enrolls employees as BPJS participants, supervises and inspects the compliance of participants and employers in fulfilling their obligations and imposing administrative sanctions on the participants, making agreements with health facilities on large payments of health facilities referring to tariff standards established by the Government, cooperating with other parties in the context of administering social security programs, and reporting the employer to the competent authority regarding non-compliance in fulfilling obligations. Barriers BPJS in carrying out social security of labor to eligible companies in Pekanbaru City is still quite a lot of companies that do not register their workers and the delay in payment contributions in the program BPJS Employment. Companies that do not register their employees in the Employment BPJS program will be given a written warning and if ignored this written warning will be given administrative sanctions in the form of not getting certain public services one of them with the revocation of business license on demand.Keywords: BPJS Employment, Social Security, Manpower.
TINJAUAN YURIDIS PENGATURAN ALAT BUKTI KETERANGAN AHLI DALAM PROSES PEMERIKSAAN PERSIDANGAN PIDANA Eben Ezer DS; Mexsasai Indra; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Abstract

Expert information is a statement given by someone who has special expertise about what is needed to make the light of a criminal case for the purpose of examination. This is justified in the Criminal Procedure Code Article 1 point 28 and is recognized as a legitimate evidence of five evidences that can be used in the process of criminal evidence stipulated in Article 184 paragraph (1). This evidence was presented to assist the judge in building his conviction before making a decision on the defendant in analyzing any facts that were presented in the process of investigation and examination of the trial. However, the regulation of expert information in the Criminal Procedure Code has not yet arranged in a comprehensive and comprehensive manner regarding the criteria and expert qualifications that can be presented, so that the implications for broad interpretation by the parties who present experts and the reality raises problems in criminal trials specifically for judges in making decisions. The purpose of writing this thesis, namely: First, To determine the arrangement of expert information in the Criminal Procedure Code compared to other legislation. Second, to find out the practice of providing evidence of expert testimony in the reality of criminal trials.This type of research can be classified as a type of normative legal research. This research is descriptive, namely a study that describes clearly and in detail about the regulation and reality of giving expert information in criminal proceedings. Data sources used secondary data consisting of primary legal material, legal material secondary, and tertiary legal materials, data collection techniques in this study with the library study method, after the data collected is then analyzed to draw conclusions.From the results of the research and discussion it can be concluded that, First, the arrangement of expert information in the KUHAP has not been fully and comprehensively regulated so that it requires improvement with references from other laws and regulations. Second, the practice of providing evidence of expert testimony in the reality of criminal proceedings has been presented by both parties in litigation. However, each expert is heavy / lame with the interests of the party that presents it. In the end each statement will give confusion to the judge.Keywords: Evidence Tools - Expert Information - Qualifications - Criminal Investigation and Trial Process.
IMPLEMENTASI SELF DETERMINATION PRINCIPLE TERHADAP SUKUBANGSA DALAM BENTUK INTERNAL RIGHTS SELF DETERMINATION Harita, Suluhsy Luhur; Deliana, Evi; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Abstract

The right to self-determination is regulated in Article 1 paragraph (2),Article 55, Article 73 and Article 76 of the Charter of the United Nations, Article1 paragraph (1) of the Covenant on Civil and Political Rights and the Covenanton Economic, Social and Cultural Rights. Besides that it is also regulated inGeneral Assembly Resolution Number 1514 (XV) 1960, Resolution Number 1541(XV) 1960, and Resolution Number 2625 (XXV) 1970. By regulating these rightsinto various international legal instruments, each nation has the right todetermine selfishness. People which is currently demanding their own right todetermine their fate, is the Catalan people who want to secede from Spain and theKurds who want to separate themselves from Iraq, Iran, Syria and Turkey.There are two rights of self-determination in general, namely in theexternal and internal forms. External self-determination is intended for coloniesand areas that do not have self-government. In its development, some countriesnow prefer internal forms to answer the problem of self-determination, namely inthe form of autonomy. The purpose of writing this thesis is to know the selfdeterminationprinciple in giving the rights of the ethnic groups to determine theirown destiny and to know the implementation of a self-determination principle onethnic groups in the form of internal rights self-determination.From the results of the research it was found that, first the right to selfdeterminationgave the people rights in the form of two rights, namely the right toseparate themselves which was realized through decolonization and the right toself-determination in an internal form. Second, the implementation of selfdeterminationprinciple is realized by providing greater autonomy to the nation orpeople in the region to regulate and manage its territories in pursuit of economic,social and cultural progress and its own form of government. The author'ssuggestion is that in the future the international community will make morespecific arrangements regarding self-determination in an internal form to make iteasier for countries to answer their demands for self-determinationKeyword: The Right to Self-Determination-External Right-Internal Right
PERTANGGUNGJAWABAN PIDANA TERHADAP PEMILIK DOAMAIN CARA MELAKUKAN CARDING BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2008 PERUBAHAN ATAS UNDANG-UNDANG MOMOR 19 TAHUN 2016 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK Takwa, Megat Kalti; Deliana, Evi; ', Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Abstract

One type of cybercrime is carding is a credit card crime, is one form of theft and cheating in the internet world conducted by the perpetrators, to overcome carding law enforcement, the Government of Indonesia to make the Regulation that contains the protection of information and electronic transactions, in the form of Law Number 19 Year 2016 regarding the amendment to Law Number 11 Year 2008 on Information and Electronic Transactions, but what happens today most people know how to do carding from sites or domains available on the internet. Although government blocking has been done, there are still domains that can be accessed by the public. Based on the description above, if the domain of how to do carding only done blocking it, like it is not effective, because it is not able to prevent the development of carding among the public, especially internet users, should the domain owners should be held accountable.When viewed from its type, this research is classified as normative law research. Research proposed to the Act approach and case approach. The Law Approach is conducted by reviewing all laws and regulations relating to legal issues being addressed. Based on the nature of this research is descriptive, which is intended to provide a clear and detailed description of criminal liability review of domain owners how to do carding according to Law Number 19 Year on the amendment to Law No. 11 of 2008 on Information and Electronic Transactions.From result of research which writer do hence can be concluded. First, criminal liability can be given to domain owners how to do carding. Secondly, the weakness of Law Number 19 Year 2016 regarding the amendment to Law Number 11 Year 2008 regarding Information and Electronic Transaction is the absence of defisni about carding therein and there is no carding rules in it.Keywords: Criminal Accountability - Carding - Domain Owner

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