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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
 113   114   115   116   117 
Penerapan Hukum Pidana Positif Terhadap Kebiasaan Masyarakat Yang Dianggap Sebagai Tindak Pidana Perjudian Di Wilayah Pekanbaru Sridefi Sinaga; Erdianto '; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Abstract

Criminal law is the governing law of the violations and crimes against the public interest. Where the act which is punishable by a suffering or torture. The criminal law is not a law containing new norms, but merely regulates violations and crimes against the norms of law regarding the public interest. Public order and security will be maintained when every member of society to obey the rules and norms that exist in that society. The local community culture thrive in a community environment and experience the social changes and cultural place in society. Many cultures were initially regarded as indigenous traditions of a region, but as the development of the times turns into a habit of breaking the law. Examples habits of the people who constitute the crime of gambling among others that when there is a mother who has given birth then there will be some adults who take care of the mother throughout the night, to fill the time the guards would usually play cards that use betting money or anything else that has value , In Chinese society there is also a habit when somebody dies there will be those who guard people who died while playing cards or other games that use money bets. Legally of course this practice the elements of gambling, as in article 303 Criminal Code.Purpose of this paper is the first, How does the application of the criminal law of the habitual positive people who are considered as a crime of gambling in the territory of Pekanbaru. Second What are the obstacles in the application of the criminal law of the habitual positive people who are considered as criminal acts in the area of Pekanbaru. Third, How to overcome obstacles in the implementation of positive criminal law against the habits of the people who considered a criminal offense of gambling in the territory of Pekanbaru.The results of research and discussion is the first, In the implementation mechanism of the application of positive criminal law against social custom which is regarded as a criminal act of gambling are often not enforced by the police. Gambling committed while in traditional events considered breaking the law despite the elements in articles 303 and 303 bis Book of Law Criminal Law is clear, but because it was already in the tradition then carried out the arrest because it was violating the limits customary in society. Second, some aspects of the constraints in the implementation of positive criminal law against the habits of the people who considered a criminal offense, those barriers are: Law enforcement officers in this case represented by the police is an important component in law enforcement criminal act of gambling is considered as an act criminal gambling but in fact when it found the criminal case gambling is considered a criminal offense gambling had sometimes felt unable to make an arrest or the arrest of persons who commit such offenses even though the elements are obvious, but because it is considered a customary ritual or event locals then police officers did not follow it strictly. Local communities' awareness it is also very low. Even as interviewed by the author, namely when there is a specific event and there is a gambling game, the community will be happy and willing to follow the event. There should be a legal awareness of the local community. Legal awareness as adherence to the law, is within the law, in accordance with legal regulations realized or understood. When the community is aware of the law they will obey existing laws and might be able to replace gambling with other things more positive.Keywords : Aplication - Positif Law – Gambling Habits
TINJAUAN YURIDIS LEGAL STANDING TERHADAP LEMBAGA PERLINDUNGAN KONSUMEN SWADYA MASYARAKAT (Studi Kasus Nomor Perkara 0931/Pdt.G/2015/Pa.Jmb) Helfi Adilah; Hayatul Ismi; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Abstract

The Consumer Protection Agency of Swadya Society is an institution thatwas established to help Indonesian consumers in struggle for the rights ofconsumers who have been harmed by the businesses offender, with litigate to thecourt when deliberations between the two sides cannot be solved properly. In ActNo. 8 of 1999 about consumer protection, describes Consumer Protection Agencyof Swadya Society have legal standing in filing a lawsuit, but in practice judgehave consideration to the Consumer Protection Agency of Swadya Society has nolegal standing in filing a lawsuit to the court. It’s certainly make some questionabout legal standing of Consumer Protection Agency of Swadya Society. Thepurpose of this thesis about : first, to analysis legal standing of ConsumerProtection Agency of Swadya Society. Second, to analysis the judgement about thelegal standing of Consumer Protection Agency of Swadya Society.The type of this research can be classified in types of juridical normativeresearch, because in this research the authors use the study material libraries likeofficial documents, books for research, in this study, the data source using theprimary data, secondary data and tertier data, data collection technique on thisresearch is study of librarianship method or documentary studies.The results of this research can be concluded first, based on act No. 8 of1999 about consumer protection, Consumer Protection Agency of Swadya Societycan filing a lawsuit to the Court because the act explained Consumer ProtectionAgency of Swadya Society can filing a lawsuit to the Court for the benefit ofconsumers and the notion of consumers has been regulated in section 1paragraph (2) of act No. 8 of 1999 about Consumer Protection. Second, thejudgements adjudication Number 0931/PDT. G/2015/PA.Jmb has not fulfilledlegal certainty because inaccurate of the judges in deciding the case andinattention on the regulation about Consumer Protection Agency of SwadyaSociety.Author's suggestion, first, expected judges who adjudicate the case ofconsumer protection must pay attention to the applicable regulation especiallyabout legal standing of Consumer Protection Agency of Swadya Society.Secondly, needed regulation about the lawsuit mechanism of legal standing tocreate legal certainty.Keyword : Legal Standing - Consumer Protection Agency of Swadya Society
PENYIDIKAN TINDAK PIDANA KARTU KREDIT OLEH DIREKTORAT RESERSE KRIMINAL KHUSUS KEPOLISIAN DAERAH RIAU Wedy Freddy Santoso; Firdaus '; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Abstract

Crime in human life is a social phenomenon that will always be faced by every human being, society, and even countries. The fact has proved that crime can only preventable and mitigated but difficult to eradicated completely. This research can be classified in this type of sociological juridical research. This research was conducted at the Police Ditreskrimsus of Riau area, while the population and sample is a whole part with regard to the issues examined in this study, the data source used, primary data, secondary data, and the tertiary data, data collection techniques in this research is by the interviews , and literature study. Analysis of the data used is qualitative data and techniques by means of deductive inference.From the results of the research obtained can be concluded. First, in handling criminal case of credit card the Riau Police conduct inquiry and investigation, make coordination with various parties, reviewing and evaluate the progress of crimes using computers and make the prediction of developments that will happen. Second, the constraints faced is the limited number of personnel, facilities and infrastructure in the inquiry and investigation, the cooperation between law enforcement agencies is still to be casuistry, and the public was slow to report the incident to the authorities so that it can complicate the process of evidence. Third, the efforts of the regional police of Riau is the effort Preventive do the counseling and introduce to the publics some of the operation modus of the perpetrators of the Crime of Credit Card, Repressive efforts implemented through the actions expressly and in accordance with the legislation in force against the perpetrators of crimeKeywords: Law Enforcement-Crime-Credit Cards
PENERAPAN MEDIASI PENAL OLEH PENYIDIK TERHADAP TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA DI KEPOLISIAN RESOR KOTA PEKANBARU Adrizal, Ahmad; ', Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Abstract

The punishment of perpetrators of domestic violence is set forth in Law Number 23 of 2004 regarding the abolition of domestic violence, but in reality not all applicable in the law is applied in the settlement of cases of domestic violence. Police investigators may also apply penal mediation taken by using the discretionary method approach. This is what is applied by the Pekanbaru City Police Investigator against several cases of domestic violence in Pekanbaru Ciy. The purpose of this thesis writing, namely to know the mediation penal arrangements by investigators against domestic violence in Pekanbaru Town Police, the implementation of penal mediation by investigators against domestic violence in Pekanbaru City Police, constraints and efforts in the process of mediating penal Conducted by investigators against domestic violence crime at Pekanbaru City Police Department. From the results of the study based on three problem formulas there are three main points that can be concluded, first the regulation of penal mediation on domestic violence cases is not yet in the rules governing domestic violence. The second application of penal mediation conducted by Pekanbaru City Police investigator using discretion method and with ADR in decision of Kapolri. The three obstacles in the mediation process penal done by the investigator to the crime of violence in the household is the basis of the rules that regulate the penal mediation and penal mediation itself is very contrary to the purpose and punishment principleKey Words: Mediation-Penal-Violence
Penerapan Tanggung Jawab Sosial Perusahaan Corporate Social Responsibility (CSR) Di Bidang Perkebunan Kelapa Sawit PT. Tri Bakti Sarimas Dalam Rangka Meningkatkan Kesejahteraan Masyarakat Kabupaten Kuantan Singingi Provinsi Riau Maychel, Raja; ', Firdaus; ', Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Abstract

CSR (Corporate Social Responsibility) is one of the obligations that must be implemented by the company in accordance with the contents of Article 74 of Law Company Limited (Company Law) to date, namely Law No. 40 In 2007, through this Act, companies are required to implement them. Increasing the level of awareness of quality of life, social harmonization and environment also affect the activity of the business world, it gives birth to a lawsuit against the company's role in order to have a social responsibility. Here is one of the benefits to be gained and the company's CSR activities. In this context the activities of Corporate Social Responsibility (CSR) became mandatory for the company menu, beyond the obligations outlined the Act.CSR activities in the beginning is a program that is voluntary or not must be implemented by the company. This understanding was changed when the government began to realize that CSR is very important to be implemented in particular on companies engaged in the plantation. This is because the plantation companies do not pay attention to the environment and the people who are around the plantation areas so that the environment becomes damaged and the welfare of the people do not change significantly as mandated by the constitution.This study aims to determine the application of corporate social responsibility / CSR PT. Tri Bakti Sarimas in order to improve the welfare of society Kuansing, Riau Province is in conformity with the expectations of society and to know the efforts made by PT. Tri Bakti Sarimas in order to improve public welfare Kuansing District, Riau Province.This research is a field research by collecting data obtained through interviews with the company and the community as well as attention to supporting literature. The data obtained and analyzed qualitatively and presented descriptively.The results showed that the application of CSR PT. Tri Bakti Sarimas still not in accordance with the nature and ideals of CSR desired by the Law for the implementation of CSR so far only to fulfill the obligations required by the Act. PT. Tri Bakti Sarimas also not meet the principles of decency and fairness because they CSR programs that they run just.giving money and greening the environment. CSR activities is the ideal community development activities so that people can become independent and prosperous society which is a long-term investment for the sustainability of the company. Keywords: CSR- Community - Environment
PERANAN PENYIDIK PEGAWAI NEGERI SIPIL BEA DAN CUKAI DI WILAYAH HUKUM KOTA DUMAI DALAM MENANGANI KASUS PENYELUNDUPAN BAWANG MERAH BERDASARKAN UNDANG UNDANG NOMOR 17 TAHUN 2006 TENTANG KEPABEANAN Satriawan, Rahmat; Deliana, Evi; ', Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Abstract

As a developing country and island countries such as Indonesia sometimes experience a disruption and obstacles to the smoothness of state revenues, due to the occurrence of a smuggling crime. It is this form of evil that impedes the course of economic development, because a lot of state money is not picked up by the crime of smuggling. In addition smuggling crime is a latent danger that threatens the country's economy as well as the survival of a country. As for the purpose of writing this thesis, namely; Firstly, to know the role of Civil Servant Investigator of Customs and Excise in handling smuggling case of onion based on Law number 17 of 2006 concerning Customs in Dumai City Law Area, Second, to know what obstacles are found by Customs Civil Servant Excise in handling the case of smuggling of shallots in the Dumai City Legal Territory.The type of research is sociological legal research is research that want to see the correlation between law and society, so as to reveal the effectiveness of law enforcement in society. The research was conducted at Dumai City Customs and Excise Inspection and Service Office, while the population and sample were the whole parties concerned with the problems studied in this study, the data source used, the primary data and the secondary data, the data collection technique in this study by interview And literature study.From the results of research problems there are three main things that need attention. First is expected to Civil Servant Investigators in realizing their role as law enforcement officers are expected to always be consistent in handling smuggling of shallots in terms of Preventive and Repressive. In the role of the Preventive role, it is more routine to conduct counseling to the community and more regularly patrols less smuggling activities such as in ports prone to access smuggling. Secondly, it is expected to Civil Servant Investigator of Customs and Excise of Dumai City in realizing its role especially in the section of investigation in carrying out its duties and obligations to always professional despite the constraints in performing the question as investigator, but it is also expected to improve its performance so that smuggling action can be minimizedKeywords: Role - Customs – Smuggling
ANALISIS YURIDIS CALON TUNGGAL DALAM PEMILIHAN KEPALA DAERAH DI INDONESIA (Studi Putusan Mahkamah Konstitusi Nomor 100/PUU-XIII/2015 Tentang Pengujian Undang-Undang Nomor 8 Tahun 2015 Tentang Perubahan Atas Undang-Undang Nomor 1 Tahun 2015 Tentang Penetapan Peraturan Pemerintah Pengganti Undang-Undang Nomor 1 Tahun 2014 Tentang Pemilihan Gubernur, Bupati, dan Walikota menjadi Undang-Undang) Syahrudin, Riko; Indra, Mexsasai; ', Junaidi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Election is an important instrument to embody the sovereignty of the people, filling the post of head of local elected democratically. Elections under Act Number 8 of 2015 held simultaneously, up to the national elections simultaneously, 2027. The implementation of simultaneous elections in 2015 beginning with the registration of candidates, led to the phenomenon of a single pair of candidates in three regions. Do Effendi Gazali judicial review by the Constitutional Court, the Court granted to most of the Decision Number 100/PUU-XIII/2015. The elections with a single candidate remains to be implemented with the system plebiscite of the people choose to agree and disagree, in consideration of saving people's right to elect and be elected. This type of research can be classified in normative law research that is legal literature. In this normative legal study authors conducted a study of the principles of law. The data source is equipped with primary data, secondary data and data tertiary, and processed by qualitative analysis method deductively.From the research problem there are two main things that can be inferred. First, consideration of the Constitutional Court in order to ensure the fulfillment of citizens' constitutional rights, implementation of the people's sovereignty, the right to choose and pick, local elections should go ahead even though there is one candidate, which has been cultivated in earnest to get at least two pairs of candidates. In the system of filling the positions of election , the elections without electoral contestation is essentially not in the same breath with the principle of Luber and Jurdil. Second, the legal implications arising related to the Constitutional Court decision, namely, the birth PKPU Number 14 of 2015, and PMK Number 4 of 2015. Advice writer, first, to maximize the function of political recruitment owned by political parties and independent candidates to participate in local elections, Second, the revision of the Law on local elections should accommodate the new provisions in the event of a single candidate pair.Key Words: Single Candidate - Election - Constitutional Court Decision
TANGGUNGJAWAB NEGARA PELUNCUR BENDA ANGKASA TERKAIT MASALAH SAMPAH LUAR ANGKASA (SPACE DEBRIS) BERDASARKAN LIABILITY CONVENTION 1972 SILWANUS ULI SIMAMORA; Mexsasai Indra; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Aerospace is an air space where no gases are air or atmosphere in which there are space objects such as the moon and other celestial objects. But in the utilization of space still has not been done in a peaceful and balanced in their utilization, because the activity did not see the impact of space activities such as the creation of space debris. Space debris is a man-made celestial body that no longer work in the area of outer space. The purpose of this thesis are: First, to determine the setting launch of space objects; Second, to determine the accountability of the launching State on space debris, a former celestial body that is launched.This type of research used in this study, using normative legal research. In this research, the authors conducted a study of the principles of law which starts on applicable international agreements by identifying the rules that have been formulated in international agreements.From the research, there are three main things that can be inferred. First, the development of the launch of space objects until now largely done by space power and space activities require a very large cost. Second, Accountability launching State on space debris, a former space objects were launched into space consist of two (2) the principle of state responsibility is absolute liability, provided for in Article 2 and Article 4 (a) Liability Convention 1972 and based on fault liability , provided for in Article 3 and Article 4 (b) Liability Convention1972.Keywords: Space Debris – Responsibility - Liability Convention 1972
Pelaksanaan Penyidikan Tindak Pidana Pembukaan Lahan Perkebunan Di Hutan Lindung Berdasarkan Undang-Undang Nomor 18 Tahun 2013 Tentang Pencegahan Dan PemberantasanPerusakan Hutan Di Kabupaten Siak Kurniawan, Jumarhadi; ', Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Forest as a profit of international development have a real benefit for the life ofIndonesia, as benefit ecology, cultural social as well as economy, in equal and dynamic. Thatis why forest must be administered, managed, protected and used sustainable for prosperity ofhuman being. Forest destruction as referred to constitution involved illegal logging and/orforest use unauthorized which is organized. Organized forest destruction is activitiesperformed by structured group, which consisting of 2 (two) or more, and which is acttogether at a certain time with intention of forest destruction.The problem in this research is 1) How the investigation of agricultural expansioncrime in protected forest under the law Number 18 by 2013 about prevention and combatingforest destruction at Siak District? 2) What is the problems in investigation of agriculturalexpansion crime in protected forest under the law Number 18 by 2013 about prevention andcombating forest destruction at Siak District? 3) How the effort made to overcoming theproblems of the investigation of agricultural expansion crime in protected forest under thelaw Number 18 by 2013 about prevention and combating forest destruction at Siak District?The research method in this research is sociological. The location of this research is done inthe Police Office of Mandau River of Siak District. The population in this study is The Headof Forestry Office Siak District, The Head of Forest Protection and Security of Siak District,The Policement of Mandau River of Siak District, destructive community forest preserve.The data source nature of this study are primary and secondary data sources with datacollection techniques such as interviews, review of the literature. The data obtained will beanalyzed using qualitative methods.Overview common in this study is an overview of a crime, an overview of theinvestigation and an overview of agricultural expansion crime . An overview of the crime ofdiscussing the notion of crime, the elements of a criminal offense . An overview of theinvestigation to discuss the duties and authority of the investigator, efforts in theinvestigation. An overview of agricultural expansion crime discuss the notion of agriculturalexpansion crime, agricultural expansion crime provisions , criminal and conviction of thecrime of agricultural expansion. Investigation of agricultural expansion crime at protectedforest Under the law Number 18 by 2013 about prevention and combating forest destructionat Siak District, there are some obstacles one of them is the lack of coordination betweenrelevant agencies, so that they still lack the reach of the investigating authorities to conductan investigation into the location. In terms of transportation also remains inadequate, makingit difficult to supervise the protected forest itself. Attempts by the investigator to overcomethe problem is the preventive and repressive efforts. Where preventive measures over thetreatment or prevention alone, while the repression has entered into a direct action against theperpetrators of criminal acts in the protected forest clearing.Keywords : Investigation - Crime – Agricultural - Forest
PERLINDUNGAN HUKUM BAGI ANAK KORBAN PENELANTARAN BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2014 ATAS PERUBAHAN UNDANG-UNDANG N0MOR 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK DI WILAYAH HUKUM KEPOLISIAN RESOR KOTA DUMAI Agafe Marulytua Ambarita; Erdianto Effendi; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Kids are the future generation who need special legal protection different from adults, due to their physical and mental reasons immature and mature. Article 28B paragraph (2) of the Constitution of the Republic of Indonesia 1945 provides that, "Every child has the right to survival, growth and development, and is entitled to protection from violence and discrimination". But the fact is, there are many children whose rights are unfulfilled to date. As for the purpose of the author of this thesis, namely: first, to determine the legal protection for child victims of neglect under Act No. 35 of 2014 on the Amendment of Act No. 23 of 2002 on Protection of Children in Legal Jurisdiction City Police Dumai, both , to find out the bottlenecks in implementation of Legal Protection Against for Children Victims of Neglect under Law No. 35 of 2014 on the Amendment of Act No. 23 of 2002 on Protection of Children in jurisdictions City Police Dumai, thirdly, to know the efforts made by the parties Police overcome the obstacles in the implementation of the legal protection of the child victims of neglect at the Regional Police Dumai City. This type of research is classified as socio-juridical research, because this research author directly conduct research on the location or point examined in order to provide a complete and clear picture of the issues examined. This research was conducted on the Law of Police Dumai, while the sample population is a whole party with regard to the issues examined in this study, the data source used, primary data, secondary data, and the data tertiary, data collection techniques in this study by interview, and literature study. From the results, it can be concluded that, first, the legal protection for child victims of neglect at City Police Jurisdiction Dumai not run in accordance with Act No. 35 of 2014 on the Amendment of Act No. 23 of 2002 regarding Child Protection. This makes people reporting laporanya not processed by the police so as not achieving the legal protection of victims of neglect, second, obstacles in the implementation of legal protection of child victims of neglect in Jurisdiction City Police Dumai is the resistance that the arrival of the Police of the resort dumai, limitations facilities and infrastructure and the obstacles that come from the public complainant, third, the efforts of the police to Dumai overcome the obstacles in the implementation of the legal protection of the child victims of neglect at the Regional Police Dumai City is to maximize the performance of Police Dumai.Keywords: Legal Protection-Children-Victims of Neglect

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