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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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PENYELESAIAN SENGKETA PERCERAIAN DALAM ADAT BATAK TOBA “DALIHAN NATOLU” DI KECAMATAN TANJUNG MORAWA KABUPATEN DELI SERDANG Anggita Yekholia Berti; Firdaus '; Ulfia Hasanah
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

The provisions on customary justice are not included in the legislation, but the facts still apply in the community, especially in rural and provinces outside of Java island. In the Toba Batak indigenous people who are mostly Christians, are not allowed to divorce if not for death. Therefore there is a familial system in the custom of Batak Toba Dalihan Natolu who serves as a mediator in the settlement of dispute divorce indigenous Batak Toba. Dalihan Natolu consists of Hula-Hula, Boru, Dongan Tubu from each side of the dispute. Lately Toba Batak indigenous people tend to choose to resolve their divorce dispute through the litigation path rather than customary dispute settlement through Dalihan Natolu.This study uses a kind of sociological juridical research that sees the correlation between law and society. This research was conducted in Tanjung Morawa Subdistrict of Deli Serdang Regency, while the population and sample were all related parties in the problem to be studied. Sources of data used, primary data, secondary data, and tertiary data, data collection techniques in this study with interviews, and literature review.From the results of research there are two main things that can be concluded. First, the role of Dalihan Natolu as a mediator in the settlement of Toba Batak customary divorce problem is Dalihan Natolu has the role of giving advice and suggestions, to be a mediator in the problems that occur between the parties who want to divorce without taking side to either party and the decision remains in return to both parties. Dalihan Natolu seeks to reunite the two sides, because since long ago in the Toba Batak adat strongly opposed to the divorce. Secondly, the efforts to make Dalihan Natolu more leverage in the settlement of dispute disputes in the future in Tanjung Morawa Sub-district Deli Serdang District is the introduction made by traditional leaders or chairman of clan association (parsahutaon) including the parents, the introduction of the norm -normal arranged in Dalihan Natolu to the young generation. Then encourage the members of the punguan (community) to further empower the Dalihan Natolu tool as the first alternative in settling disputes between them before bringing the matter to court. The next role of the government to encourage people to resolve disputes by using customary institutions Dalihan Natolu by socializing Perda No.10 of 1999 on Customary Institution Dalihan Natolu as a customary discussion Batak in the form based on mutual cooperation and kinship.Keyword: Dispute-Divorce Settlement-Dalihan Natolu Dispute
PELAKSANAAN PEMBERIAN KREDIT PADA KOPERASI SIMPAN PINJAM SAHABAT MITRA SEJATI CABANG AIR MOLEK DENGAN JAMINAN YANG DIJUAL DI BAWAH TANGAN Silvya Pramunesa Bondes; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Abstract

Conducting borrowing and borrowing activities to meet certain needs is already a natural thing in everyday life. In the case of Debitor Cooperative Savings and Loans Branch of Molec Air performing Default does not pay the credit and previously the Cooperative has tried to do the Calling Letter. Subsequently the Cooperative makes a sale under the hands of the Debtor's guarantee. Problems encountered are the Creditor selling the guarantee under the hand under the power of attorney at the beginning of the agreement contrary to the rules stipulated in the Instruction of the Minister of Home Affairs Number 14 of 1982 concerning the Prohibition on the Use of Absolute Power as the transfer of Land Rights. The purpose of writing this thesis, Firstly, knowing the way of giving problem loans with the sale of collateral under the hands, Secondly, knowing how to solve problem loans on Savings Partners Cooperative Mitra Sejati Air Molek Branch, and Legal Consequences if collateral is sold under the hand.The type of research used is descriptive sociological research. This research was conducted at the Savings and Loans Cooperative of Air Molek Branch in Indragiri Hulu Riau. Sedangan Populasi and Sampel is a whole party related to the problem under study. Sources of data used, primary data, secondary data and tertiary data, data collection techniques in this study by observation, interview and literature study.From the research and discussion to conclude there are three main things that can be concluded. First, the crediting of Cooperative Sahabat Mitra Sejati Branch of Molek Water is based on the regulation set by the Cooperative with 5c analysis (Character, Capacity, Capital, Condition, Collateral). Second, the Settlement in the event of Non-performing Credit in Cooperatives is carried out under the hands, if the guarantee with the power of attorney agreement at the beginning. Thirdly, the consequences of the law if done under the hands of such absolute Power, in accordance with the Absolute Prohibition of Attorney meant in the Instruction of the Minister of Home Affairs Number 14 of 1982 concerning the Prohibition on the Use of Absolute Power, it can be said null and void. Suggestion Writer, First, to the Customer, in order to have a cooperative attitude in completing the credit. Secondly, the Cooperative should not commit the contract under the hand with the Absolute Power at the beginning of the agreement.Keywords: Implementation-Credit-Agreement-Guarantee
PERLINDUNGAN HAK TERHADAP ANAK PELAKU TINDAK PIDANA BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK DI RUTAN KELAS IIB SIAK SRI INDRAPURA Evi Ratna Evalinda S; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Abstract

Children in conflict with the law hereinafter referred to as children are children who are 12 (twelve) years old, but not yet 18 (eighteen) years old who are suspected of committing a criminal act. Children undergoing criminal periods and children sentenced to imprisonment are placed in LPKA. There are still children who are placed in detention centers or state detention centers that should be places of detention for adults, besides that children's rights are seized by people who should provide protection both physically and mentally. The purpose of this thesis, namely; first, the protection of the rights of the offender in the Class IIB Detention Center for Siak Sri Indrapura, secondly, the obstacle in protecting the rights of the offender in the Class IIB Detention Center of Siak Sri Indrapura, thirdly, the efforts taken to overcome the obstacles in protection the right to the child of the offender in the Class IIB Detention House of Siak Sri Indrapura. The type of research used in this study is sociological legal research. Sociological legal research is an effort to approach the problem under study with the nature of the law that is real and in accordance with the reality that lives in society. While the nature of this research is descriptive giving an overview of a complete, detailed, and clear reality of the legal protection of a criminal offender in Class IIB Siak Sri Indrapura Detention House. From the results of the research and discussion it can be concluded that the first: protection of rights for children in the Class IIB Detention Center of Siak Sri Indrapura is that there are still children placed in detention centers or state detention centers, in the implementation of children's rights combined with adult prisoners; secondly, the constraints encountered in protecting the rights of children in Class II B Prisoners of Siak Sri Indrapura are lack of facilities and infrastructure in Class IIB Siak Sri Indrapura Detention Houses, no motivation from within the child, lack of cooperation with relevant agencies; thirdly, efforts were made to overcome the obstacles in protecting the rights of children in the Class IIB Siak Sri Indrapura State Detention House, namely to place children in the LPKA, to provide guidance for children and to maximize collaboration with relevant agencies. Advice from the author, first: children should not be placed in detention centers should be in LPKA; second, giving children's rights; third, in the implementation of the granting of children's rights, it should be separated from adult prisoners.
Penerapan Sanksi Adat Terhadap Pelaku Tindak Pidana Zina di Desa Kampung Baru Sentajo Kecamatan Sentajo Raya Kabupaten Kuansing Tri Ramadhanti; Firdaus '; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Abstract

Acts of adultery are classified into severe offenses, which violate the family honor and legal interests of a husband and also violate the public interest. And according to custom in Kampung Baru village, the perpetrators of this zina should be given sanction that must be married. Adultery in the Criminal Code of the object is a married man and woman, while in Kampung Baru Village adultery is also committed by unmarried men and women. Therefore, the purpose of this thesis writing, namely: first, knowing custom mechanisms in setting sanctions against perpetrators of adultery in Kampung Baru Village Sentajo Sentajo Raya District Kuansing District; Secondly, to know the values that affect the decision of adat sanction against the adultery in Kampung Baru Sentajo Village Sentajo Raya Sub-district of Kuansing Regency. This type of research can be classified in the type of legal juridical sociological 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 Kampung Baru Sentajo Village Sentajo Raya Sub-district Kuansing District. Sources of data used, namely: primary data and secondary data. Data collection techniques in this study with Observation, Interview, and Library Studies. The conclusions can be obtained from the first research, customary mechanism in determining sanctions against perpetrators of adultery in Kampung Baru Sentajo Village Sentajo Raya Subdistrict Kuansing District is sitting together, deliberations on the perpetrators of adultery will be nikahkan, giving advice by customary leaders, public figures and figures religion and penalties. Second, the values that influence and become the benchmark of customary adat stakeholders in giving the decision of adat sanction against adultery that has been done by the adultery in Kampung Baru Village Sentajo Sub Sentajo Raya Subdistrict Kuansing Regency that is value of morality, moral value and religion value. Suggestion writer First, For adat stakeholders, religious leaders and community leaders who have authority in controlling the community to be more assertive in determining and deciding sanctions given to the perpetrators of adultery, thus providing a deterrent effect against the perpetrators of adultery. Secondly, for the new village villagers sentajo to strengthen the science of religion in the personality of self, so that with the power of religious values can prevent the act of munkar like the act of adultery. Keywords: Acts of Zina-Customary Law-Desa Kampung Baru Sentajo
PELAKSANAAN PEMBAGIAN WARIS ADAT MINANGKABAU DI NAGARI BIARO GADANG KECAMATAN AMPEK ANGKEK KABUPATEN AGAM PROPINSI SUMATERA BARAT Thannisa Dwi Syafitri; Firdaus '; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Abstract

Indonesian society is a pluralistic society, because Indonesian people themselves made up of various tribes, and each tribe is governed by the law of their customs. This occurs also in the law of inheritance that has diversity, one of which is applied to the area of inheritance West Sumatra embrace traditional Minangkabau. Treasure pusako in minangkabau pusako property is two high and low pusako treasure. In general, treasure pusako reduced in accordance with the lineage of women and high pusako property can not be divided or sold. But there is one village that deviate from customary provisions minang in general in this village there are several high pusako land that has been sold and divided families magnitude adapted to Islamic law. Nagari which adopts a different inheritance of indigenous applied Minang people in general are Nagari Biaro. I researched this research establishes key issues, namely First, What is the procedure customary division of inheritance in Minangkabau in Nagari Biaro Gadang Kecamatan Ampek Angkek Agam District of West Sumatra Province? Second, why there are differences in the division of inheritance in Minangkabau customary in Nagari Biaro Gadang Kecamatan Ampek Angkek Agam District of West Sumatra Province with indigenous Minangkabau in general? The method used in this research from the standpoint of its kind classified into types of research Sociological Empirical namely Research To determine the effectiveness of the Law, while from the point of its nature, this research is descriptive, the intention is to describe the complete and detailed on the Implementation Division of Waris Adat Minangkabau Nagari Biaro Gadang Kecamatan Ampek Angkek Agam District of West Sumatra province. The conclusions in this study is the first, pusako high in villages Biaro Gadang held ownership rights by boys of the descendants of the mother, it is inversely proportional to the provisions actually in indigenous Minangkabau namely pusako height should be collective or can not be divided and proprietary rights held by the daughter of the maternal lineage. Secondly, a difference that occurs is due to the strong influence of Islam and which local indigenous communities are predominantly Islamic, other factors also due to the protests of the sons of the people that are judging the division of inheritance customs was unfair, and the extinction of offspring women who sasuku saparuik and sapayuang. Keywords: Customary Law - Inheritance Law – Minangkabau Custom - Distribution of Inheritance
PENYELIDIKAN OLEH KEPOLISIAN SEKTOR BUKIT RAYA KOTA PEKANBARU DALAM MENANGGULANGI TINDAK PIDANA PERJUDIAN SABUNG AYAM DI KECAMATAN BUKIT RAYA Wira Tri Ananda; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Gambling in Indonesia this is a matter that is quite disturbing people so that it is disputed. The number of gambling cases uncovered by law enforcement, it is a proof that gambling in Indonesia can not be eradicated in practice. One form of gambling that is rife in traditional societies is a cockfight gambling Law enforcement is the job of the Police of the Republic of Indonesia, can be mentioned as a police officer living law. Through the position that the police have the responsibility to secure and protect the public. The purpose of this thesis, namely: First, to know the police investigation Sector Bukit Raya Pekanbaru against the crime of gambling cockfights in the district of Bukit Raya Pekanbaru, Second, what are the obstacles in the investigation of the crime of gambling cockfights in the Police Sector Bukit Raya, Third To know the prevention of cockfight gambling in the jurisdiction of the Police Sector Bukit Raya.This research is a law research sosiologis.Penelitian Criminal Police was conducted in Bukit Raya, while the overall population and the sample is related to the overall problems examined in this penlitian. Source of data used is primary data, secondary data, and the data tertiary. Data collection techniques in this study were interviews and questionnaires and literature study and data analysis technique used is by a qualitative way.From the research results can be concluded that, First, Performance police investigator in the police Bukit Raya is not optimal and the investigation is only waiting for a report from the public so that the absence of public statements. Second, barriers investigations in combating the crime of cockfighting gambling, Bukit Raya police faced a number of obstacles, such as External Constraints: Operation ambush possibility of leaks beforehand, internal constraints are less synchronization of tasks between intelligence units and units reskrim in combating cockfight gambling. Third prevention efforts that have been done Bukit Raya sector police in tackling the crime of cockfighting gambling, there are three kinds of efforts to pre-emptive, preventive and repressive efforts. Suggestions Author, First Bukit Raya Police Sector should take decisive and thorough steps in the investigation of this case Second, law enforcement authorities in dealing with gambling case cockfighting to be more conscientious in his duties by involving the community. Third, always consistent in his actions both in terms of running the Pre-emptive, preventive and repressive. The police should be more active at the time of disseminationKeywords: Research-Police Bukit Raya-Gambling cockfighting
PENYELESAIAN PERKARA TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA MENURUT HUKUM ADAT BATAK DI TAPUNG HULU Hartini, Theresia Devi; Efendi, Erdianto; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Abstract

In the Indonesian positive law, criminal matters must be resolved in court proceedings. But in Certain cases it is possible Reviews their settlement out of court, one of the which is the completion undertaken by traditional institutions items, namely through the intermediary of King parhata, as an alternative to settling Disputes in the field of criminal law in the application of customary law , such as in Sub Tapung Reviews those upstream. This study aims: Firstly; to Determine Whether the legal system Batak Recognized in the Indonesian legal system legalistic, Second; to Determine the Batak settlement in line with the nature of criminal law as public law, the Third; to Determine the legal effect of the settlement Batak.This type of research can be classified in this type of sociological juridical research, because they live in this study the authors conducted research on a study in order to provide a complete and clear picture of the issues examined. This research was conducted in the district of Hulu Tapung Kampar regency. While the overall population and sample the parties relating to the issues examined in this study, the data source used primary data, secondary data and data tertiary, data collection techniques in this study with interviews and literature study.From the research there are three main things that can be inferred. First, in the completion of the crime of domestic violence still adheres to the settlement that is familial with deliberation in reaching a decision under the provisions of customary conducted with intermediaries King parhata, remedy criminal assault domestic violence recognized in the Indonesian legal system that was legalistic. Both the completion of criminal assault domestic violence is not in line with the nature of criminal law as public law. Third, the completion of the criminal case of domestic violence according to the customary law of the Batak have legal certainty, as the settlement was made in the form of an agreement that contains several provisions which, if breached customs will be penalized in the form of customary feed local communities (parsahutaon). Advice writer, it is advisable to conduct a study and explore the local wisdom of indigenous people and a number of laws related to the existence and authority of traditional institutions in resolving a case that recognized indigenous and authority in resolving a legal issue. Second, that the King of indigenous parhata upgraded in terms of making agreements and sanctions. Third, the completion of the offense by the law should be retained in any problems that occur in the middle of the community as a form of respect and uphold the customs as the main protection.Keywords: Settlement - Crime - Customary Law
PENYELESAIAN SENGKETA TANAH PT.INECDA PLANTATION DENGAN MASYARAKAT ADAT SUNGAI PARIT DI INDRAGIRI HULU Seftirizanda, Yarizkha; ', Firdaus; Hendra, Rahmad
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Problems that occur between is a 42 Ha land dispute villagers Sungai Parit, district Indragiri Hulu Sungai Lala with PT.Inecda Plantation.Masyarakat claims that about 42 hectares of land belongs to the people while PT.Inecda Plantation claims that 42 ha of land that are owned by the company the. Plantation PT.Inecda related dispute with residents of Sungai Parit causing residents sent a letter to the Regional Representatives Council Indragiri Hulu. The letter sent to residents of the Regional Representatives Council Indragiri Hulu in connection with PT.Inecda Plantation since 20 years ago to annex the land warga.Surat sent due to lack of clarity on the settlement that has been done several times with the Government of Indragiri Hulu. The purpose of this thesis, namely: First, to find out what the causes of land disputes between indigenous peoples PT.Inecda Plantation with moat river, Secondly, to find out how the efforts made for the settlement of land disputes with indigenous peoples PT.Inecda Plantation river trench.This type of research can be classified in this type of sociological research is research done by identifying how the effectiveness of law that law applies in the community.From the research it is clear that the cause of the problem of land disputes with indigenous peoples PT.Inecda Plantation River Ditch is due to the inclusion of a new home or investment of PT.Inecda Plantation namely household money. PT.Inecda Plantation as well as ignoring the rights of indigenous peoples and the Government Sungai Parit not firm in see investments coming in, a local company established itself so that the environment of indigenous people ignoring local area and do not pay attention to the condition of the area where they founded the company. The settlement of land disputes with indigenous peoples PT.Inecda Plantation Sungai Parit is the first mediation session conducted on January 15, 2013 Date mediated by the head of the Sungai Parit in Hall Village Head Office, On January 10, 2004 Local Government conduct a second mediation process mediated by the head of the Regional land Indragiri Hulu, As of February 15, 2016 at a meeting held by the National land Agency and the Ministry of Environment held diaur china to listen to the opinions of indigenous peoples Sungai Parit against customary land tilled by PT.Inecda Plantation. The results of the meeting the majority of customary land Sungai Parit people returned to the Ministry of Environment to manage. Keywords : Settlement-Limited-Indigenous
IMPLEMENTASI MEDIASI PADA PERKARA CERAI TALAK DALAM HAL KETIDAKHADIRAN TERGUGAT DI PENGADILAN AGAMA PEKANBARU Putri, Dinna Keumala; Bachtiar, Maryati; ', Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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One of the peace efforts that can be done by a third party to help resolve divorce cases both in and out of court mediation, as set out in the Supreme Court Regulation No. 1 Year 2008 on Mediation Procedure in Court. In fact, the Religious Court of Pekanbaru divorce remains the most way out in the settlement of disputes between husband and wife, especially with the absence of the defendant that ultimately resulted in so many decision verstek, it means that the mediation has not been able to lower divorce rates and become effective instruments in addressing the buildup Court case. This study aims to determine the implementation of mediation applied in the Religious Court of Pekanbaru in their divorce case. This research was conducted in the Religious Court of Pekanbaru due within a period of 2 years increasing numbers verstek decision.The results showed that the implementation of mediation showed a failure rate with a variety of factors such cases, a factor the parties and the mediator factors. Implementation of mediation has not been able to lower the divorce rate and troubleshooting buildup Court case.Key Words: Implementation - Mediation - Divorce – Religious Court
PENYIDIKAN TINDAK PIDANA PENIPUAN DENGAN MODUS OPERANDI HIPNOTIS OLEH KEPOLISIAN RESOR KOTA PEKANBARU Purwitosari, Dyah; ', Erdianto; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Hypnotize is derived from the Greek word, which means Hypnos "sleep". From several sources, obtained little meaning and difference between hypnosis with hypnosis. Hypnotist as a technique to master one's awareness so that people will unknowingly be obedient if given a suggestion or command by actors hypnotic. Encountered in terms of medicine and psychology. In medical terms, hypnosis interpreted as "like sleeping due to suggestion, which is in the spearhead, the man was under the influence of people who give suggestions to him, thus making completely unaware." Quite often the science of hypnosis can be misunderstood and used in committing a crime such as fraud.This type of research can be classified in this type of sociological juridical research, because this research author directly conduct research on the location or point examined in order to provide complete and clear picture of the problems that this diteliti.Penelitian do in Pekanbaru City Police. While the sample population is a whole party with regard to the issues examined in the study ini.Sumber data used, primary data and secondary and tertiary of data, data collection techniques in this study with questionnaires, interviews and review of the literature.From this research, there are three main things that can be inferred. The first investigation of criminal fraud with the modus operandi of hypnosis by Police resort city of Pekanbaru by investigators, namely: receive any reports of someone who is experiencing, seeing, or who are victims of a criminal incident happens, perform the first act upon on the spot, make arrests , detentions, searches, seizure, inspection and seizure of letters, fingerprinting and photographing a person suspected of committing a crime, calling the people to be heard and examined as a suspect or a witness, bring in an expert is needed in relation to the case investigation, Conducting investigations termination; Second, obstacles to criminal investigations of fraud with the modus operandi of hypnosis by City Police Pekanbaru happens, among other things, proof that conveyed by the rapporteur, making it difficult or become obstacles in the investigation process. Difficult to trace the perpetrators of fraud with the mode of hypnosis, improve cooperative relationships with related parties, the Third, efforts are being made to overcome the obstacles in the investigation of fraud with the modus operandi of hypnosis by City Police Pekanbaru obstacle would be the lack of evidence of the complainant can tackle by socializing and giving advice to the public, especially the reporting.Keywords: Investigation, Crime, Fraud, Hypnosis

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