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INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 2,579 Documents
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PENERAPAN PASAL 106 UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN TERHADAP PENGGUNA SEPEDA MOTOR DI WILAYAH KECAMATAN MERBAU Desyi Cristin Natalia; 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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Abstract

In Indonesian law has been very clearly regulated about the behavior of traffic,but in fact today what happens in the field is not in accordance with the aspirations ofthe legislation. Based on this fact, then there are three formulation problems inwriting this thesis, ie: First How is the application of Article 106 of Law Number 22Year 2009 on Road Traffic and Transportation to Motorcycle Users in Merbau Subdistrict?,secondly how is the role of the Police in the application of Article 106 ofLaw Number 22 Year 2009 on Road Traffic and Transportation to Motorcycle Usersin Merbau District?,third, what are the obstacles in the application of Article 106 ofLaw Number 22 Year 2009 on Traffic and Road Transport in Merbau Sub-district?.The research method in this research is qualitative research method withempirical juridical approach or sociological law research. Data sources aresupported by primary and secondary data sources. Data collection techniques usedwere interviews, questionnaires and literature review. After the data collected thenanalyzed qualitatively, and draw conclusions with the deductive thinking method ofanalyzing the problem from the general shape to the special form.From the results of research and discussion it can be concluded that, with noUnitlantas in Merbau Sector Police, the Implementation of Article 106 of the Law onTraffic and Road Transport will not be in accordance with what is aspired by law,which is an important role in carrying out the task of securing traffic is the task ofUnitlantas. So far, traffic security in Merbau sub-district is handled directly by theMeranti Islands Resort Police Traffic Unit, but since access to every sub-district mustpass through the sea and the means of transportation is only speedboat, theperformance of Satlantas itself is not effective. The obstacles of law enforcement arethe lack of professional elements of the apparatus, the lack of public understandingabout the law and the lack of public awareness to comply with applicable law. Someefforts are made to overcome these obstacles by providing legal counselingconducted in first to senior high school and socializing to the general public, andimproving the police ability in the application of legislation.Keywords: Law Enforcement-Traffic-offenses
PENYIDIKAN TINDAK PIDANA PERAMBAHAN HUTAN BERDASARKAN UNDANG-UNDANG NOMOR 18 TAHUN 2013 TENTANG PENCEGAHAN DAN PEMBERANTASAN PERUSAKAN HUTAN OLEH DIREKTORAT RESERSE KRIMINAL KHUSUS KEPOLISIAN DAERAH RIAU Laksmi, Dewa Ayu Putu; ', Erdianto; Edorita, Widia
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

Lately, the destruction of forests has become more widespread and complex. The destruction occurs not only in production forests but has also penetrated into protected forests or conservation forests. Forests encroachment is a forest clearing activity for the purpose of owning, controlling, and utilizing forest product regardless of the basic function carried by a forest area. Illegal occupation of forest land, forest use deviating from its function, and irresponsible forest exploitation are severely damaged. The losses incurred by forest encroachment are enormous, the country losing billion and even trillions of rupiah. In addition to economic losses of forest products taken by encroachers uncontrollably and ignoring sustainable principles, the enormous environmental damage is very large and has extraordinary impact on forests ecosystem imbalances.This study uses a kind of sociological juridical research that sees the correlation between law and society. This research was conducted at Sub Directorate IV of Directorate of Special Criminal Investigation of Riau Regional Police, while population and sample are all related parties in problem to be studied. Sources of data used, primary data, secondary data, and tertiary data, data collection techniques in this study by interviews, and literature review.From the research there are three main points that can be concluded. The first, criminal investigation of forest encroachment based on Law Number 18 of 2013 on Prevention and Eradication of Forest Destruction by Directorate of Special Criminal Investigation of Riau Regional Police, is still not running properly that has been regulated in legislation. Secondly, obstacles in the criminal investigation of forest encroachment based on Law Number 18 of 2013 on Prevention and Eradication of Forest Destruction by Directorate of Special Criminal Investigation of Riau Regional Police, are financial obstacles, obstacles of facilities and infrastructure, obstacles to bring in forestry experts, lack of public legal awareness, and geographical factor. Third, efforts to overcome obstacles in the criminal investigation of forest encroachment based on Law Number 18 of 2013 on Prevention and Eradication of Forest Destruction by Directorate of Special Criminal Investigation of Riau Regional Police, are propose additional operational costs, adding facilities and infrastructure, coordinate or communicate with experts, and raising public awareness of forest legislation.Key Words: Investigation – forestry crime – forest encroachment
PELAKSANAAN PERKAWINAN POLIGAMI PADA MASYARAKAT BATAK TOBA DI KECAMATAN RONGGUR NIHUTA KABUPATEN SAMOSIR PROVINSI SUMATERA UTARA Simbolon, Tuppal Parasian; 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

Polygamy in the Batak Society in the past, before Christianity entered the Batak Land,polygamy or more than one wife were common problems. After Christianity replaced the religion ofthe Ancient Batak community, church rules strictly prohibited polygamy. The Samosir District,Longgur Nihuta sub-district, whose population is dominated by the Toba Batak tribe who areProtestant and Catholic, is still very thick with its customs. As happened in Ronggur NihutaSubdistrict, Salaon Dolok Village where there were several polygamous marriages carried out bythe Toba Batak indigenous people, so the authors were interested in raising the title"Implementation of Polygamy Marriage in Toba Batak Communities in Ronggur Nihuta District,Samosir District, North Sumatra Province"The purpose of this essay is: First to find out the factors that cause polygamous marriage inthe Toba Batak Community in Ronggur Nihuta Subdistrict, Samosir Regency, North SumatraProvince, Secondly, to find out what the results of the Polygamy Marriage Implementation in TobaBatak Community in Ronggur Nihuta District, Samosir North Sumatra Province.The type of research used by the author is a type of sociological research that is researchconducted by identifying the law how effective the law is in the community. The data sources usedin this study are primary data obtained directly from observations in the field and secondary data,namely data that provides an explanation of primary data, such as the draft law on the results ofresearch, works from legal circles relating to research. Analysis of this data is done qualitativelyand deductively drawn conclusions.From the results of the problem research there are two main points which are concluded,First, the factors that cause the implementation of polygamous marriage in the Toba Batakcommunity in Ronggur Nihuta Subdistrict Samosir Regency, namely: do not have offspring, the wifedoes not want to be taken to the yard and sex drive (roha Daging ) or the desire to have manyoffspring who do not fulfill the contents of Article 4 of the Marriage Law. Secondly, due to theimplementation of Polygamy Marriage in the Toba Batak Community in Rongur Nihuta District,Samosir Regency, namely: Unregistered marriage and inheritance rights are not clear partieswhere children from various parties feel inherited.Keywords: Polygamy Marriage - Customary Law - Marriage Law
PENYELESAIAN TINDAK PIDANA PENCURIAN ALIRAN LISTRIK DI LUAR PENGADILAN BERDASARKAN UNDANG-UNDANG NOMOR 30 TAHUN 2009 TENTANG KETENAGALISTRIKAN DI WILAYAH HUKUM TAPUNG KABUPATEN KAMPAR VANDIWINATA, YULI; ', Erdianto; Edorita, Widia
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

Control of Electricity Usage (P2TL) according to Article 1 number 18 Decree of the Board of Directors of PT PLN (Persero) No.68.K / 010 / DIR / 2000 is an inspection by PLN of PLN installations and customer installations in order to Control Electricity Usage. In practice, criminal acts in the electricity sector, especially those involving electricity theft, are not resolved through court institutions but through institutions outside the court. This condition does not make deterrent actors repeat it and even invite other actors to do it. The purpose of writing this thesis is to explain the reasons for conducting an off-court settlement of a crime of theft of electric current, a settlement mechanism carried out by PT PLN and the legal consequences of an off-court settlement of a crime of theft of electric current. To obtain data in this thesis writing, literature research and field research are conducted. Library research is conducted to obtain secondary data, while field research is conducted to obtain primary data through interviews with respondents and informants. The results of the research show that the reason for the non-court settlement of the crime of electric current theft is because PT PLN (Persero) which is controlling the Electricity Usage Control Team (P2TL) is more focused on efforts to avoid conflict with the community and seek compensation for finance production.The mechanism for resolving criminal acts of theft of electric current by PT PLN customers is carried out through P2TL officers who come to the location of the violation or the illegal use of electricity (theft) to terminate the temporary electricity connection and submit a supplementary bill. If the offender carries out his obligation to pay the bill then the electricity will be reconnected. As a result of the law of non-court settlement of this case is the existence of an off-court settlement, then the crime of theft of electric current is erased and if the perpetrator has carried out a bill payment, the customer can return to PT PLN customer as before. It is advisable for policy makers to be able to issue more stringent legal regulations regarding legal sanctions for perpetrators of the use of electricity asrus users / users in order to avoid customer actions to repeat their actions which could harm PT PLN in the future. It is recommended to the PLN to continue to control efforts to avoid the existence of other actors who use electricity illegally that can harm PT PLN and also other customers who become consumers of electricity
PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA PENJUALAN ROKOK ILEGAL OLEH BEA DAN CUKAI KABUPATEN INDRAGIRI HILIR BERDASARKAN UNDANG-UNDANG NOMOR 39 TAHUN 2007 TENTANG CUKAI MEGAWATI, RUTH; ', Erdianto; Edorita, Widia
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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Cigarettes are one of the items subject to excise. Illegal smoking is a favorite and sought after by many people compared to legal cigarettes in the area of Tembilahan City. The purpose of this thesis is: First, the impact of illegal cigarette sales crime in the city of Tembilahan, Indragiri Hilir Regency, Second, Law enforcement against criminal acts of illegal cigarette sales by Customs and Excise of Indragiri Hilir Regency, Third, Barriers and efforts in law enforcement against criminal sale of illegal cigarettes by the Customs and Excise of Indragiri Hilir Regency.This type of research can be classified in the type of sociological juridical research, because in this study the author directly conducts 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 Tembilahan City, while the population and sample were all parties related to the problem under study in this study, the data sources used were primary data, secondary data and tertiary data and data collection techniques in this observation study. interviews and literature reviews.From the results of this study there are three main things that can be concluded, namely: First, The impact of illegal cigarette sales is loss of income for the State and health problems for the community. Second, Law Enforcement in dealing with criminal acts of selling illegal cigarettes in the form of preventive law enforcement can be in the form of conducting legal counseling, carrying out observations and conducting patrols, market operations in accordance with existing regulations. Third, barriers faced in law enforcement against criminal acts of illegal cigarette sales are 2 (two) factors, namely internal factors that become obstacles, including lack of personnel, lack of operational facilities. While the External factors include geographical location and lack of community role. Meanwhile, the efforts made in overcoming barriers to law enforcement criminal acts of illegal cigarette sales are adding personnel and adding operational facilities. Suggestion, First, the community should be aware of the law. Second, law enforcement carried out by the authorities should be in accordance with the rules. Third, in overcoming obstacles, the apparatus should attempt to be professional and follow the rules and regulations.Keywords: Crime - Sales - Illegal Cigarettes
PENYELIDIKAN PELAKU USAHA PERHOTELAN PENERIMA TAMU YANG BERBUAT ASUSILA BERDASARKAN PERATURAN DAERAH NOMOR 5 TAHUN 2002 TENTANG KETERTIBAN UMUM DI KOTA PEKANBARU Amna, Khairinil; Indra, Mexsasai; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Morality deals with morals, ethics have been regulated in the legislation. Hospitality receptionbusinessmen who do immoral as it should have been regulated in sections 23, 24 and 26 of theregulation Area number 5 year 2002 Regarding public order Pekanbaru. With the rise of thehospitality trade reception which do this very wanton need for investigation by Police teachers 'Praja Pekanbaru in order to prosecute these thoroughly in order to catch every offender whoallegedly received hospitality business guests do the applicable rules as sacrilegious. The presenceof law enforcement law enforcement can be expected to perform tasks correctly so that it can createsecurity and comfort for the community. The purpose of writing this thesis, namely; First, thehospitality trade investigation front desk who do immoral based on applicable local 5-year 2002Number of public order in the city of Pekanbaru. Second, the factors restricting the hospitalitytrade investigation front desk who do immoral based on applicable local 5-year 2002 Number ofpublic order in the city of Pekanbaru. Third, efforts are being made to overcome the obstacles inthe investigation of the hospitality trade front desk who do immoral based on applicable local 5-year 2002 Number of public order in the city of Pekanbaru.This type of research can be classified in types of juridical sociological research, because inthis study the authors direct research on the location or place that is examined in order to give acomplete and clear picture of the problems researched. This research was conducted in the city ofPekanbaru, while population and the sample is the entire parties relating to issues that areexamined in this study, the data source used, the primary data, secondary data and data collectiontechniques, tertier the data in this study with observation, questionnaire, interview and the study oflibrarianship.From the results of the research there are three basic issues that can be inferred. First,investigations carried out several actions i.e., receive reports and complaints, seek information andevidence as well as collecting and processing information. Second, the factors restricting inquiry,factors from law enforcement, the means and facilities, as well as a factor of masayarakat. Third,improving the mentality of law enforcers, adding personnel and increase public participation. Theauthor's suggestion, first, investigations optimally. Second, it can carry out its duties andauthorities which are supposed to be best. Third, the society participated in overseeing theunexpected hospitality reception businessmen who do wanton and reported to law enforcement.Keywords: Investigation - Crime - Wanton - Hotel
ANALISIS YURIDIS PENYELESAIAN SENGKETA LESSOR DAN LESSE DALAM PEMBIAYAAN KONSUMEN KENDARAAN BERMOTOR TANPA JAMINAN FIDUSIA OLEH BADAN PENYELESAIAN SENGKETA KONSUMEN Nelvia Gusti Nola; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Abstract

In civil case No. 239 / Pdt / SUS-BPSK / 2014 / PN.PBR. Lessee under the name HN and EM bought 2 units of Mitsubishi Fuso-FV419 J / Dump Truck vehicle through leasing services. The lessor is the PT. SMSF. But starting in April 2012, EM's efforts are declining. So EM suffered congestion in paying credit repayments starting from April 2012. So the leasing party to withdraw the vehicle that became the object of the agreement without notice.The type of this research is normative law with legal principles applied to the rule of law, which is benchmark to behave in using fiduciary guarantee, while if seen from its nature this research is descriptive. This study uses secondary data obtained through literature study.The results of this study are the authority of the Consumer Dispute Settlement Board to resolve disputes between lessors and lessees in consumer protection of motor vehicles without fiduciary guarantees with lessees named HN and EM who purchase 2 units of Mitsubishi Fuso-FV419 J / Dump Truck vehicles through leasing services, lessor is PT. SMSF and has withdrawn and auctioned the Mitsubishi Fuso-FV419 J / Dump Truck vehicle without the knowledge of the lessee is conducting the handling and settlement of consumer dispute, by means of mediation, conciliation or arbitration, providing consumer protection consultation, supervising the inclusion of the standard clause, reporting to the investigator general in the event of a violation, receiving written or unwritten complaints from the consumer about the occurrence of violation of consumer protection, conducting research and examination of consumer disputes, summoning business actors suspected of having violated consumer protection and calling and presenting witnesses, expert witnesses and / or any person deemed aware of infringement. Dispute settlements of lessors and lessees in consumer financing without fiduciary guarantees by the Consumer Dispute Settlement Bodies in providing protection to consumers based on established legal basis and by the principle of prioritizing deliberation, prompt, cheap and fair. Settlement of cases conducted by BPSK Pekanbaru city in the form of conciliation, mediation and abitrage.Keywords: lessor, lessee, unsecured fiduciary.
PENYELESAIAN SENGKETA TERHADAP HAK MILIK ATAS TANAH MELALUI MEDIASI PADA PENGADILAN NEGERI PEKANBARU Dede Suhendra; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Abstract

Mediasi is a form of dispute settlement which brought together both sides that there is a difference ofunderstanding adn involving third parties for finding a solution or a way out of the problems faced. Mediasithis is where two sides can voice opinions of each of the problems that exist and is excepted that the peacebetween the two sides. The dispute over property rightsThis type of research can be classified in this type of research sociological (empiris), where is theresearch of sociologists (empiris), which is in an effort saw the influence of the law positively to the lives ofordinary people, because in this study author immediately embarked on a study on the location or place,which in order ti provide a comprehensive and clear about the problem investigated. The research wascarried out in the District Court of First Class IA, Pekanbaru, while the population and the sample is awhole the parties with regards to the problem, which in this study, the sources of data used, the primary,secondary, tertiary, techniques of collecting data in this study with interviews and review literature.From the results of this study can be concluced that the District Courtof First Class IA is not mediatein accordance with the PERMA that applies. This is evidenced by not requred to his parties concerning tofollow the mediation, while in PERMA No. 1 Year 2008 on the procedure of Mediation in the Court requiresthe parties to participate in mediation. The factors in the opposite direction of mediation and that is the lackof good faith of the parties and legal counsel. The failure of mediation is due to the judges mediators, thelack of socialization of mediation and the number of judges mediators.
PENERAPAN SANKSI PIDANA TERHADAP PERDAGANGAN TELUR PENYU BERDASARKAN UNDANG UNDANG NOMOR 5 TAHUN 1990 TENTANG KONSERVASI SUMBER DAYA ALAM HAYATI DAN EKOSISTEMNYA DI SUMATERA BARAT MUSTIKA, NILA; ', Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Sea turtles are one of the rare animals that have been protected by the government, the use of unsustainable turtle resources among them in the form of poaching, collecting or harvesting less turtle eggscontrolled, and trade in turtle resources illegally, thereby reducing the turtle population in the wild. Actors trading eggs turtle, in accordance with Article 40 Paragraph (2) of Law Number 5 of 1990 concerningConservation of Natural Resources and Ecosystems, can be sentenced to prison a maximum of five years in prison and a fine of Rp. 100,000,000. Cases per turtle egg trade have been tried in Padang District Court.The purpose of this research is to find out how the application of criminal sanctions against the perpetrators of turtle egg trade by a judge in Case Number 467/Pid.Sus/2014/PN.Pdg the judge in imposing a criminal case against the perpetrator of the turtle egg trade in Case Number 467/ Pid.Sus/ 2014/PN.Pdg and Case No. 202/Pid.sus/2016/PN.Pdg. The type of research used in this study is sociological legal research. In sociological research, the method of analysis is adjusted to the categories of data and the wishes of researchers. The analysis carried out is quantitative data analysis, namely the data analyzed using statistics or mathematics or the like.The results of this study are that of the two decisions against the criminal offense handed down by the judge still below the maximum criminal sentence and the judge's verdict, which is a trial sentence against the perpetrator of a repeat of a criminal offense. In imposing a criminal, judge referring to juridical considerations namely, the Public Prosecutor's Indictment, statement of the defendant, witness testimony, expert testimony, evidence and non-juridical considerations namely, things that are burdensome and mitigating.
PELAKSANAAN PERJANJIAN KREDIT DENGAN JAMINAN FIDUSIA PADA KOPERASI SWAMITRA DI PEKANBARU Tengku Sundari Pratiwi; Maryati Bachtiar; Dasrol '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Abstract

Cooperative is a social economic organization of the people, in the form of a cooperative legal entity that is not a concentration of capital. Membership of cooperatives is based on voluntary interests, rights and duties. One form of cooperatives is a savings and credit cooperatives that help members in the field of credit. Whereas the availability of capital derived from members is relatively insufficient. So that the cooperative needs assistance through Swamitra pattern, which is a form of cooperation or partnership with Bank Bukopin to develop, as well as modernize cooperative savings and loan business to improve cooperative performance and increase cooperative capital to be more developed.The main problem in this research is how the implementation of credit agreement with fiduciary guarantee on Koperasi Swamitra in Pekanbaru and form of settlement of wanprestasi problem that happened in the implementation of credit agreement with fiduciary guarantee at Swamitra Cooperative in Pekanbaru.The research method that writer use is, observational research by way of survey that writer do direct research to research location that is in Koperasi Swamita Pekanbaru, while the nature of this research is descriptive that this research give clearer picture and detail about implementation of credit agreement with fiduciary guarantee at Swamitra Cooperative in Pekanbaru.The result of this research is that in the implementation of credit agreement with fiduciary guarantee at Swamitra Cooperative in Pekanbaru not fully run in accordance with agreed agreement between the borrower of fund (debtor), with the Swamitra Cooperative as the creditor. This is due to the existence of customers who default in credit agreement on Koperasi Swamitra. So that the existence of wanprestasi made by the customer, an obstacle in the implementation of the credit agreement. Settlement of wanprestasi made by creditors is to provide a warning to the debtor and prioritize the settlement by deliberation between the creditor and the debtor without causing the other party. The point is to solve jointly between the cooperative party as a creditor with its members as the debtor, with deliberations seeking the best way out.Keywords: Agreement, Debitor, Creditor, Implementation, Fiduciary

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