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INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Articles 2,579 Documents
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TINDAK PIDANA MAKAR TERHADAP KEUTUHAN WILAYAH NEGARA KESATUAN REPUBLIK INDONESIA BERDASARKAN PASAL 87 KUHP (ANALISIS YURIDIS TERHADAP GERAKAN RIAU MERDEKA TAHUN 1999) Syefri Alpat Lukman; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Abstract

Attack is derived from the word ‘aanslag’ (Netherlands), which according to the literal meaning an attack or an assault. But the Criminal Code specially interpreted that the plot to commit an act already exists, if the will of the perpetrator is already visible in the form of the beginning of implementation (wan begin uit voering) in the sense contemplated by Article 53 of the Criminal Code (Article 87 of the Criminal Code). The criminal act of treason is a crime that is associated with security issues of the country and the safety of the country. The criminal acts of treason regulated in Book II, Chapter I of the Criminal Code on crimes violate the security of the country. Criminal assaults links with criminal offenses experiment. Where in if a criminal offense experiment has three elements: the intention and the beginning of implementation, and the implementation is not completed and not merely because his own. Thus, in the crime of treason has two important elements, namely: the intention and the beginning of implementation.This research is a normative legal research or can be also called the doctrinal legal research. The result of research is, the Freedom Riau Movement who has violated the provisions of Article 106 of the Criminal Code so it’s categorized as a criminal offense of treason for having fulfilled the elements of treason in the form of the element of intention and execution starters elements along with the purposes prohibited in the Criminal Code,and the addition must maintain professionalisme working of police, confronting the police to enforce the law is its ties with the provisions of the Criminal Procedure Code. Because in the Criminal Procedure Code starting that law enforcement conducted by the police when their achieved a reports, complaints, and caught red-handed making it difficult for the police in Riau for research the Freedom Riau Movement. Plus explicitly unclear setting duties and powers of inquiry and investigation in Law No. 2 of 2002 on the Indonesian National Police so that the police are still referring to the Criminal Procedure Code to carry out their duties.Keywords: Criminal attacks-State Unitary- Criminal Code- Freedom Riau Movement
Penegakan Hukum Terhadap Eksploitasi Anak Yang Dijadikan Pembantu Rumah Tangga Menurut Undang-Undang Nomor 13 Tahun 2003 Tentang Ketenagakerjaan Di Wilayah Hukum Kepolisian Resor Kota Pekanbaru Sutrisno '; Erdianto Effendi; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Human rights are basic rights that are inherently human, universal, and bestowed byGod Almighty. In the protection of human rights, children are also included. A child is a personwho is not yet 18 (eighteen) including a child still in the womb. Child protection efforts shouldstart as early as possible, but the reality is still often heard by children as domestic workers. InIndonesia there is an independent State institution whose function is to protect and improve thewelfare of children, the institution is the Indonesian Child Protection Institution, while for theprovince of Riau is the Child Protection Agency of Riau Province. Based on data obtained fromPekanbaru Police on the issue of child protection in Pekanbaru City, many cases of child abuseoccur every year, and the most numerous cases are child cases as labor and the number of caseshas always increased in the last three years. In this case relate to the settlement of cases ofchildren who become victims of crime of economic exploitation in Pekanbaru City by PolrestaPekanbaru. The purpose of writing this thesis, namely First, Accountability of child crime as adomestic worker in Pekanbaru City by Pekanbaru Police, Second, Obstacles encountered whocan be asked accountability of children as victims of crime of economic explanation inPekanbaru City by Pekanbaru Police, Third, Efforts are made to overcome obstacles fromImplementation of accountability of child crime as domestic worker by Polresta Pekanbaru.This type of research can be classified in the type of sociological juridical research,because in this study the authors directly conduct research on the location or place studied toprovide a complete and clear picture of the problem under study. This research was conductedat Polresta Pekanbaru City, while population and sample are all parties related to the problemstudied in this research, data source used primary data, secondary data, and tertiary data, datacollecting technique in this research is done by questionnaire, Interviews, and literature review.From the results of research problems there are three main things that can be concluded.Firstly, the implementation of legal protection in the handling of child rights violation casesconducted by Polresta Pekanbaru is in the form of non penalty efforts to assist the child victims,and assist the child in the recovery process both psychologically and socially by psychologist.Second, the obstacles faced by Polresta Pekanbaru from the implementation of law enforcementon children as victims of economic exploitation there are 2 (two) factors that are internal factorsand external factors. Third, efforts made by Pekanbaru Police in overcoming obstacles from theimplementation of legal protection against children as victims of economic exploitation inPekanbaru City has two efforts namely preventive efforts and repressive efforts. SuggestionWriter, First, In preventing and combating the crime of economic exploitation of childrenexpected to continue to do preventive efforts such as socialization, workshop, and others.Second, the legal protection of children as victims of economic exploitation conducted byPolresta Pekanbaru need to fix the internal factors and external factors.Keywords: Accountability-Child-Victim-Victim- Economic Exploitation
PENEGAKAN HUKUM PIDANA DALAM PERLINDUNGAN KONSUMEN MUSLIM DARI PRODUK MAKANAN YANG TIDAK HALAL DI KOTA PEKANBARU Beta Pandu Yulita; Erdianto '; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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State of Indonesia is currently experiencing growth and development on industrial goods and services, be it large or small scale, with Opt participation of the Republic of Indonesia in the free trade agreement ASEAN Economic Community (AEC) this year, resulting in the Indonesian market beset with products import without having halal certificate and label, so we need an active role in oversight of government to protect Muslim consumers of non-kosher products and endangering. The purpose of this thesis, namely: First, enforcement of criminal law in the protection of Muslim consumers of food products that are not kosher in the city of Pekanbaru Second, obstacles to enforcing the law against food products that are not kosher in the city of Pekanbaru Third, efforts to overcome the obstacles encountered in enforcing the law against halal food products that are not in the city of Pekanbaru.From the research there are three main things that can be inferred. First, there is no law enforcement against food products that are not labeled halal in Pekanbaru, because food products are still in the market without experiencing interference from the relevant authorities, and no test of associated labor and the inspection of the food products. Second, obstacles to enforcing the law against food product not labeled halal in Pekanbaru there are 5 factors that cause namely, the vagueness of legislation in terms of the investigator investigators in charge of law enforcement, lack of effective cooperation between the relevant authorities, do not support the means and facilities, public ignorance of their rights and obligations, and changes in the legal culture of society, Third, efforts made to overcome these barriers is to provide an appeal to businesses to take care of halal certificates, coordinate with related MUI mandatory food using the halal label.Keywords: Law Enforcement - Consumer Protection - Labelling Halal
Implementasi Pasal 17 Undang-Undang Pokok Agraria Terhadap Batas Luas Maksimum Kepemilikan Tanah Pertanian Di Desa Girisako Kecamatan Logas Tanah Darat Kabupaten Kuantan Singingi Sulik Rahayu; Hayatul Ismi; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Under Article 7, and Article 17 of the BAL states that the possession of land exceeding the limit is not permitted. The purpose of this regulation is to avoid the practice of landlords and to enhance the lives of farmers. This article is described further in Law no. 56 Prp Year 1960 About Stipulation of Land Area of Agriculture. In that Article stipulates that a person or persons in whose life a family together shall only be allowed to control the land of his own and that of the other person or his own with the other person whose total shall not exceed the maximum limit specified in the Law -What. With regard to the population, area and other factors areas are categorized quite densely ie 250-400 inhabitants per Km can only have land not more than 7.5 Ha for rice field and 9 Ha for dry land. However, the facts are still found that some people owning agricultural land exceed the maximum limit set by the law.The problem that the author made the basis in the study is how the implementation of the determination of agricultural land in the village of Girisako, how the legal effect on land ownership exceeds the maximum limit in the village girisako, and what government efforts in dealing with ownership of land exceeding the maximum limit in the village girisako. The research method used is descriptive sociological juridical. Source of data used in this research that comes from primary and secondary data. Data analysis uses qualitative data analysis and draw conclusions with deductive methods.The results of this study indicate the implementation of Article 17 of the BAL on the maximum limit of land ownership in the village girisako still a lot happening. This is due to public ignorance of regulations on the maximum agricultural land. The lack of supervision and the absence of government efforts is also a very important factor in the enforcement of this regulation. The conclusion of this research is that the government should review the regulation on the determination of agricultural land area. The land office needs to monitor the control of agricultural land so that in the future the implementation of the maximum limit of agricultural land can be done well.Keywords: Implementation-Limit Maximum Area- Agricultural Land
AKTUALISASI ASAS OTONOMI DALAM UNDANG-UNDANG NOMOR 23 TAHUN 2014 TENTANG OTONOMI DAERAH Hera Fauziah; Mexsasai Indra; Abdul Ghafur
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Abstract

Regional autonomy in Indonesia have set up a republic constitution in 1945 after the amandements stipulated in article 18 republic constitution 1945. Autonomy regulate the principle of decentralization, deconcentration and assistance. One such principle is decentralization. In development since Indonesia’s independence to reform implementation. The principle of decentalization in legislation to increase local autonomy towards regional autonomy in accordance with the constitutional mandate, but from the juridical aspect, namely the law number 23 of 2014. Has not been able to pt the principle of decentralization as a cornerstone in the implementation of regional autonomy, the actualization of law number 23 of 2014 leading to a centralized regional autonomy. Causing imbalance affairs division of authority between the center and regions. Based on this understanding the writing of this formulated two formulation of the problem. First, how is the actualization of the principle of local autonomy in the law number 23 of 2014, the second whether laar behind changes in the law number 23 of 2014.The kind of research is legal normative and descriptive analysis. Data sources supported by the data source of primary, secondary and tertiary data. Data collection techniques used is the study of literature. After data is collected than analyzed qualitatively, then concludes with a deductive method of thinking to analyze the problems of the general form into special shapes.O the research problem, there are two main things that can be cocluded, first, the principle of local autonomy principle enshrined in the law of local government has not been able performing well. This is because some of the content of article 23 of 2014 the changes are not consistent with the spirit of regional autonomy development, second, some of the provisions of clauses in the legislation led to a shift of power centers that make desentralization to authoritarian.Keywords : actualization – the principle of local autonomy
PERSETUJUAN TINDAKAN KEDOKTERAN PADA TINDAKAN BEDAH DITINJAU BERDASARKAN PERATURAN MENTERI KESEHATAN REPUBLIK INDONESIA NOMOR 290 TAHUN 2008 TENTANG PERSETUJUAN TINDAKAN KEDOKTERAN DI RUMAH SAKIT UMUM DAERAH PETALA BUMI PROVINSI RIAU JIMMY FEBRYANTO SILITONGA; Mardalena Hanifah; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Doctor, patient and hospital are the law subject in medical care. Medical care begins with therapeutic transaction. It means an agreement between doctor and patient based on faith. Doctor and patient has right and duty their self. Doctor as a professional health care providers must be know and do the sixteen duty in their profession, which one consist from informed consent. Informed consent must be explained clearly. But in the fact, the doctor seldom expplained about informed consent, that may caused patient never know abaout it.In this case, related to implementation and responsibility in medical care especially surgery at RSUD Petala Bumi Provinsi Riau. The purpose of this thesis, First, the implementation of informed consent in surgery at RSUD Petala Bumi Provinsi Riau. Second, the responsibility of medical care for patient based on informed consent in surgery at RSUD Petala Bumi Provinsi Riau. The type of this research be classified as sociological juridical research, because in this research, the author directly organize a research in the location of research to give a complete describing about the issues that was examined. This research be held in RSUD Petala Bumi Provinsi Riau, whereas the population and sample is a whole party that was related to the issues. The data based on primary data, secondary data, the collecting data technical in this research consist of quitionaire, interview and library research.There are two main idea that can be resumed. First, the implementation of informed consent in RSUD Petala Bumi Provinsi Riau was not working. The information that given by doctor was not completely. In fact, the informed consent form was not fill too completely. The second, RSUD Petala Bumi Provinsi Riau does not have the list of medical record about informed consent. It means RSUD Petala Bumi Provinsi Riau does not care about the responsibility in medical care to the patient. The conslusion is the implementation of informed consent just only formality without caring the law aspect. The author suggestion, First, for the government through Health Ministry must make a rule of law to the health care providers and the doctor that was not make informed consent in their medical care. The second, doctor as a part in medical care that directly communicate to the patient must fix the relationship both of them. RSUD Petala Bumi Provinsi Riau must too make the list of medical record about informed consent.Keywords: Informed Consent, Surgery, Therapeutic
ANALISIS YURIDIS SELEKSI PIMPINAN KOMISI PEMBERANTASAN KORUPSI BERDASARKAN UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 30 TAHUN 2002 TENTANG KOMISI PEMBERANTASAN TINDAK PIDANA KORUPSI Syahputra, Adi; Firdaus, Emilda; ', Junaidi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Law No. 30 of 2002 on the Corruption Eradication Commission did not provide adequate space for people to participate in the selection of members of the Corruption Eradication Commission. This is due to the participation of ancillary instruments are not designed to accommodate the substantive public participation. One of them is the lack of regulation of openness at both the government and the elections in the House of Representatives. Therefore, strengthening the participation ancillary instruments necessary to ensure the selection of the leadership of such an independent agency of the Corruption Eradication Commission is not co-opted by a particular domain authority. The key to traveling Eradicate Corruption Commission certainly fill the human resources of this organization. Selection Commissioner Eradicate Corruption Commission selection process is one of the heads of state institutions that attract the most attention. A variety of interests can not be separated from the actions of the Corruption Eradication Commission to perform a variety of work to eradicate corruption, especially in sectors prosecution. Then no other way that can be done to keep the Corruption Eradication Commission in addition to ensuring a selection on objective, transparent and without conflicts of interest (conflict of interest). The key to the process is the selection of a selection committee that is credible as a filter candidates.Even in reality during this time, pansel contribute to determine the character of the Corruption Eradication Commission for four years. The existence of the House of Representatives to be part of the checks and balances often does not work. This is due to the House of Representatives often using political reasoning in the selection of public officials. In order to get the best commissioner, it's time for the selection of the Corruption Eradication Commission in the redesign of the terms concerning the selection of candidates and the mechanisms associated with the map Eradicate Corruption Commission needs of the organization.Additionally you need further adjustment in the form of a specific regulation that public participation in the selection process is not only meets the formal requirements. In terms of public administration, the selection process Eradicate Corruption Commission Leaders in the House of Representatives is the implementation of the right "right to confrm" (participation in the appointment of public officials) are owned by the House of Representatives. This right is done within the framework of the balance of power (checks and balances), which became the spirit of amendment of the Constitution of the Republic of Indonesia Year 1945.keywords: Leadership Selection, Process, To Eradicate Corruption Commission
PEMBERANTASAN PENYAKIT MASYARAKAT OLEH SATUAN POLISI PAMONG PRAJA DITEMPAT HIBURAN MALAM DI WILAYAH HUKUM KABUPATEN ROKAN HULU Rival Nopiri; Erdianto '; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Many people the disease occurred in recent years, the crime of msyarakat diseases include, intoxicating drinks (non-alcoholic), debauchery or prostitution, racketeering, porn action, entertainment bands and solo organ and so forth. The deeds bertentengan with legal norms and the norms that exist in the community occurred in almost all regions of Rokan Hulu. Facts on the ground are also stating so, the number of offenders who successfully secured by municipal police Rokan Hulu.This type of research is classified in sociological research. The source of data is secondary data, primary data and tertiary. In sociological or empirical research, the use of the method of qualitative analysis is a way of analyzing databerdasarkan concept, theory, thesis, legislation, expert views or views their own sentences. In conclusion method can be used deductive method. Taken special kedata common data and made conclusionsFrom the research, first, the setting on the crime of society's ills in the Criminal Code can not be used as a powerful weapon in ensnare offenders. That is why Rokan upstream membut Rule The terrain itself specifically to catch the offender penaykit society Local Ordinance No. 1 of 2009 on the Prohibition and Eradication of Diseases Society Second, the Civil Service Police Unit as enforcers Regional Regulation is not yet fully run its course, this is evidenced by yet their society's ills actors in Rokan Hulu is getting punishment or sanctions in accordance with what has been mentioned in the Regional Regulation No. 1 of 2009 on the Prohibition and Communicable disease society. So the disease community in Rokan Hulu is high. Supposedly, the Civil Service Police Unit in Rokan Hulu's ability to take decisive and thorough in giving sanctions to perpetrators of criminal acts of society's ills is in accordance with the sanctions that have been written in the Regional Regulation No. 1 of 2009 on the Prohibition and Control of Disease community. If not implemented in accordance with what has been written in the law the act ills of society in Rokan Hulu will be more widespread in the midst of public life.Keywords: social ills - criminal acts - Unit Police Civil Service
PELAKSANAAN CORPORATE SOCIAL RESPONSIBILITY (CSR) PT. JATIM JAYA PERKASA TERHADAP PENGELOLAAN KEBUN PLASMA (PERKEBUNAN MASYARAKAT) SAWIT BERDASARKAN PERJANJIAN KERJASAMA DENGAN KOPERASI UNIT DESA (KUD) BAGAN SIAPI-API DI KECAMATAN KUBU KABUPATEN ROKAN HILIR Hazlan '; Firdaus '; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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On the implementation of operations, capital investment companies are required to do a CSR or corporate social responsibility which in Pasal 74 ayat (1) Undang-Undang Perseroan Terbatas, Pasal 15 huruf (b) Undang-Undang Penanaman Modal, dan Pasal 1 angka 20 Peraturan Menteri Pertanian Nomor 98/Permentan/OT.140/9/2013 tentang Pedoman Izin Usaha Pertanian. In realizing the CSR company, PT. Jatim Jaya Perkasa plasma plantations into an agreement with KUD Bagan Siapi-Api. Initially the agreement done well, but the last few years PT. Jatim Jaya Perkasa reneged on the agreement or tort precisely Article 10 of the agreement. Based on these authors are interested in doing research with the title Responsibility PT. Against Jatim Jaya Perkasa Plasma Estate Management (Plantation Society) Oil Based Cooperation Agreement With Koperasi Unit Desa (KUD) Bagan Siapi-Api in Kecamatan Kubu Kabupaten Rokan Hilir.The author uses the theory of liability and the concept of corporate social responsibility. Sociological research type is descriptive. Location of the research conducted at the office of PT. Jatim Jaya Perkasa and Koperasi Unit Desa (KUD) Bagan Siapi-Api Rokan Hilir. With the sample population probalitity sampling techniques to obtain the desired results.The study was conducted at the office of KUD Bagan Siapi-Api in sub Kecamatan Kubu Bagan Siapi-Api Kabupaten Rokan Hilir, Kepenghuluan Teluk Nilap, egghead society Kubu and in the office of PT. Jatim Jaya Perkasa is located at Jalan Arifin Ahmad Pekanbaru 9. The study period from September 2015 until April, 2016.The result of this research is PT. Jatim Jaya Perkasa too many negotiations for the implementation of CSR and liabilities on the contents of the agreement when it was described in detail on the contents of the agreement. Furthermore, PT. Jatim Jaya Perkasa did indemnity payments unpaid plasma during the applicable agreements and prosecution to DRPD Rohil in order to take action against PT. Jatim Jaya Perkasa to comply with applicable laws, transparency related to the realization of CSR, renewal of licenses leasehold, and documents requiring Amdal waste management because it can damage the environment.Keywords: CSR-Plasma-Default
PENEGAKAN HUKUM PIDANA TERHADAP PELAKU PENIPUAN YANG DILAKUKAN MELALUI MEDIA ELEKTRONIK BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI TEKNOLOGI ELEKTRONIK OLEH KEPOLISIAN RESOR KOTA PEKANBARU Megawati, Syarifah; ', Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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The sophistication of electronic informatiton technology todai is quite easier for everyone to do a variety of communication with one another. So anything is gettting easier to obtain and acces to information is very easy. Along with the development of information technology is so rapid, certain people can also abuse the means of communication with the electronic media fraud crimes.This type of research can be classified in this type of sociological research. This research was conducted in the city police Pekanbaru, while the sample population is overall the parties relating to the issues examined in this study, the data source used, primary data, secondary data, and the data trertiary, data collection techniques in this study with interviews, questioners, and literature study. Analysis of the data used is qualitative data and techniques by means of deductive inference.From the research there are three main things that can be inferred. First, the occurrence of criminal fraud electronic media is influenced by many factors such as the economic, environmental, social, cultural, easily commit the crime and gullible people power. Second, that there is no law only do prevention is a way appealed through the media. Third, the weakness in law enforcement criminal fraud electronic media it self because of the lack of personnel, facilites and information technology infrastructure that helps the police in the investigation process, in order to uncover th criminal fraud of electronic media. Suggestions Author, First, Police Resor Pekanbaru City must continue to innovate in the face of technological progress and information, this is due to the increase in crime that occure are becoming increasingly sophisticated with ways to improve technology infrastructure in facilitating the investigation. Secondly, a need to improve the quality of human resources of the law enforcement agencies, especially in the handling of criminal fraud through electronic media.Keywords: Law Enforcement - Fraud Electronic Media

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