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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Law, Crime, Criminology & Criminal Justice
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Articles 2,579 Documents
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PENYIDIKANTERHADAP TINDAK PIDANA PENGGUNAAN SPEKTRUM FREKUENSI RADIO TANPA IZIN STASIUN RADIO (ISR) OLEH RADIO PENYIARAAN SWASTA (PENELTIIAN DI BALAI MONITOR SPEKTRUM FREKUENSI RADIO KELAS II PEKANBARU) Roni Gunawan Rajagukguk; Erdianto Effendi; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Private radio stations that do not have radio station licenses in recent years have had wide-ranging impacts in various sectors of life. The most affected sectors are the telecommunications sector which resulted in overlapping of frequency channels. Private radio broadcasting is closely related to radio frequency spectrum and satellite orbit, Article 33 Paragraph (1) of Law Number 36 Year 1999 concerning Telecommunication states. In accordance with the description above, the authors are interested to conduct research with the title of investigation of criminal acts of radio frequency spectrum use without radio station permit (ISR) by private broadcasting radio (research in radio frequency spectrum monitor Hall class II Pekanbaru). Then to find out the obstacles faced in the investigation of private radio broadcasting that does not have a radio station license. The last objective is to know the efforts made to overcome obstacles in the process of investigation of private radio broadcasting that does not have a radio station license. In writing this skirpsi, the author uses an approach that is empirical or sociological law research. While the data collection technique is the interview And the study of data using deductive method that is analyzing the problems of a general nature then drawn to conclusions in particular based on existing theories.
Pelaksanaan Rekonstruksi Terhadap Tindak Pidana Yang Dilakukan Oleh Anak Menurut Undang-Undang Nomor 35 Tahun 2014 Tentang Perubahan Atas Undang-Undang Nomor 23 Tahun 2002 Tentang Perlindungan Anak Panji Bimantara Simbiring; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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By universal child has the human rights protected by law, applicable even in the womb, because the children are also entitled to legal protection for all the activities that lead to growth and development in the future. Law Number. 23 of 2002 on Child Protection. Affirming that the state, the government, communities, families and the elderly memunyai responsibility for the maintenance and protection of children. As for the purpose of writing this essay, namely: First, How urgency against children in conflict with the law in carrying out the reconstruction process under Act No. 35 of 2014 on the Amendment of Act No. 23 of 2002 regarding Child Protection. Second, the idea of reconstruction How do children in conflict with the law under Act No. 35 of 2014 on the Amendment of Act No. 23 of 2002 regarding Child Protection.This research is a law with doctrinal normative approach that is research done by researching library materials or secondary data. Judging of its kind, this study were classified into normative legal research (Library Research), which is the study which is based on the books or literature in the library.The conclusion of this study is, first, Children in conflict with the law in the reconstruction process in the criminal justice system should be specifically noted. Indonesian National Police Resort Bengkalis Sector High Cliff, the investigator must always look at the interest of the child, and the arrangement of the reconstruction is still fragmented in the Book of the Law of Criminal Law (Criminal Code) provides no legal protection of children as Act Number. 35 of 2014 on the change of Act Number. 23 of 2003 on Protection of Children. Second, the idea of the protection of children who perform reconstruction to ensure and protect children and their rights and non-discrimination. Legal instruments on the protection of children on the specificity of the reconstruction as it should be. Implementation recontruksi carried children in conflict with the law have not managed to ensure the protection and enforcement of children's rights. This will require support arrangements are clearly positive law so that law enforcement agencies in their implementation have a clear juridical grip in handling troubled child process with the law when meelakukan reproduce or rekonstruksi.Saran author of the issues examined are the First, In dealing with a case against children in conflict with the law in a clear form of criminal act committed by the child needs to do reconstruction. Should base their legitimacy on the setting of reconstruction on children in conflict with the law by investigators. Second, the legal context of child protection, when children in conflict with the law through a policy against must be done carefully so as not to cause stigma for the child, therefore, from the perspective of reconstruction does not put pressure on children in conflict with the law. can be implemented properly and fair in order to satisfy the justice in accordance with the principle of child protection. Need for Indonesian Child Protection Commission (KPAI) which is included in order to provide assistance in full in the Indonesian justice system and restorative justice approaches.Keywords: Protection - Legal - Children
IMPLEMENTASI PASAL 37 AYAT (3) PERATURAN OTORITAS JASA KEUANGAN NOMOR 29 TAHUN 2014 TENTANG PENYELENGGARAAN USAHA PERUSAHAAN PEMBIAYAAN TERHADAP EKUITAS KOPERASI DI KOTA PEKANBARU Nurhatika Sari; Maryati Bachtiar; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Abstract

Equity in net wealth of the cooperative is cooperative entity consists of the total value of wealth invested in the cooperative owners of resources of economic cooperation or the difference between assets and liabilities. Equity in the cooperative consists of its own equity and equity loans. Pursuant to Article 37 Paragraph 3 POJK No. 29 Year 2014 Financing Company incorporated cooperative should have equity of Rp. 30,000,000,000.00 later than December 31, 2016 and Rp. 50,000,000,000.00 at the latest on December 31, 2019. This is obviously very burdensome for cooperative business activities in terms of financing to the cooperative members and non-members of cooperatives. The research objective of this thesis include: First, to determine the implementation of the equity of the cooperative are in accordance with the POJK No. 29 Year 2014 on the Implementation of the Business Financing, Second, to know the resistance of cooperatives in the city of Pekanbaru to meet equity in accordance with the POJK No. 29 Year 2014 on the Implementation of the Business Financing.The purpose of writing this essay, namely: First, whether the implementation of the equity cooperative in the city of Pekanbaru is in conformity with the POJK No. 29 Year 2014 on the Implementation of the Business Financing. Secondly, What are the barriers cooperatives in the city of Pekanbaru to meet equity in accordance with the POJK No. 29 of 2014 on the Implementation of the Business Financing?This type of research used by the author is the empirical legal research or also known as the law of sociological research, the research done by conducting the identification of the law and how the effectiveness of the law in force in the community. This research was conducted in the city of Pekanbaru, while population and sample are co-operatives in the city of Pekanbaru. In this study the data sources used, the primary data, secondary data, and the data tertiary data collecting technique in this research with interviews and literature study.From the research problem there are two main things that can be inferred First, implementation of Article 37 paragraph (3) POJK No. 29 of 2014 against the equity of cooperatives is not appropriate, because there are many cooperatives that have not qualified minimum equity. Second, barriers regarding the implementation of Article 37 paragraph (3) POJK No. 29 of 2014 due to the ignorance of the cooperative on the rules issued by the OJK on minimum equity cooperative. Where the minimum equity of Rp. The 50,000,000,000.00 in taste is very high for a cooperative. Suggestions Author, First, the Ministry of Cooperatives by the OJK is expected to conduct a review of the rules concerning the minimum equity requirements that must be owned by a cooperative incorporated, because the conditions are considered to be veryJOM Fakultas Hukum Volume III Nomor 2, Oktober 2016burdensome cooperative. Second, the Ministry of Cooperatives by the OJK is expected to be able to socialize about the POJK, especially on a minimum equity cooperative legal status.Keywords: Equity - Cooperative – Otoritas Jasa Keuangan
PELAKSANAAN PERJANJIAN KREDIT USAHA TANI KOPERASI UNIT DESA (KUD) PETAPAHAN MAKMUR SEJAHTERA Evandre Arif Nanda; Firdaus '; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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The credit agreement is an agreement between the Debtor with the creditor konsensuil who delivered accounts payable relationship, where the Debtor is obligated to repay the loan granted by the creditor, based on the terms and conditions agreed upon by the parties. In the implementation of the agreement many agreements are not performing well so need legal protection.The purpose of this study is to investigate the implementation of the credit agreement have to farm village unit cooperatives (KUD) Petapahan Makmur Sejahtera. To find out why the event of default under the credit agreement farming in the Village Unit Cooperatives (KUD) Petapahan Makmur Sejahtera and how the settlement efforts in the implementation of the savings and loan defaults in the Village Unit Cooperatives (KUD) Petapahan Makmur Sejahtera.This type of research adlah sociological research. This research was conducted in the Village Unit Cooperatives (KUD) Petapahan Makmur Sejahtera village Petapahan Kampar, Sedangkang 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 terseier , data collection techniques in this study with interviews, questionnaires, and literature study.Farmer Business Credit Agreement implementation in the Village Unit Cooperatives (KUD) Petapahan Makmur Sejahtera has not done well. Because of the default committed by the debtor and the creditor. Cooperative efforts made to resolve the breach in the implementation of savings and loans in the Village Unit Cooperatives (KUD) Petapahan Makmur Sejahtera is giving SP I, SP II, SP III, immediately come to the place of the debtor, seek a solution amicably settlement, sell or foreclose credit guarantees.Keywords: Agreement-Credit-Tort
TANGGUNG JAWAB MASKAPAI PENERBANGAN TERHADAP JAM TERBANG PILOT YANG MELEBIHI BATAS JAM TERBANG DITINJAU BERDASARKAN PERATURAN MENTERI PERHUBUNGAN NOMOR 28 TAHUN 2013 TENTANG PERATURAN KESELAMATAN PENERBANGAN SIPIL (STUDI KASUS DI PT LION MENTARI AIRLINES) Setiadi, Muhammad Yogi; Bachtiar, Maryati; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Flight characteristics and have a distinct advantage that is more technologically advanced, able to move quickly, solid capital, reliable management, as well as the need of security and safety that need dikembangankan potential and the role that effective and efficient in order to be able to create the distribution pattern of the national good and dynamic , Inside Flights are two subjects that are directly involved in the process, namely airlines and airline passengers. Liabilities airline was carrying passengers and / or goods safely, intact and safely to their destination, provide good service, compensate passengers with a schedule that has been set and others, while liabilities passengers are paying transportation costs which amount has been determined, keep the goods under its control and report any types of goods carried. But the airline using a practical way in order to earn big profits without undermining the security and safety of passengers by employing a fleet and pilots to fly longer hours specified in the Regulation of the Minister of Transportation No. 28 Year 2013 About the Civil Aviation Safety Regulations (CASR).The purpose of writing this essay, namely; First, to determine the settings Pilot Flying Hours PT Lion Mentari Airlines. Second, to determine responsibilities and sanctions received any airline pilots assigned to fly longer hours.This type of research is a sociological study, because writer research on the effectiveness of the laws in force. This research was conducted at Sultan Syarif Kasim II Pekanbaru, while the sample population is a whole party related 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, questionnaires and literature study.From the research problem there are two main things that can be inferred. First, Many cases of aircraft accidents caused by human negligence caused Airlines to earn big profits without regard to the security and safety of the flight. Second, to prevent air accidents, the supervision of the pilot flying hours over the note. Advice writer, First, it should improve its supervision of flight times, flight hours, air kelaikkan of the entire airline. Second, the airline must report not only flying schedule, the number of passengers and cargo but also obliged to report who the pilot in command to serve the flight schedule. Keywords : Airline - Flight - Pilot - Flying Hours
Penerapan Pidana Adat dan Pidana KUHP Terhadap Pelaku Tindak Pidana Zina Dikaitkan Dengan Peran Kepolisian ” ( Studi Kasus Wilayah Hukum Persukuan Domo Air Tiris dan Kapolres Kampar) Rido i, Muhammad; ', Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Customary law has roots strong value to the social behavior and cultural patterns. So in practice, people are more likely to use customary law to resolve the case as well as in the materials make the guidelines and norms to regulate legal relations. Indonesia, which consists of various customs very terliahat existence that customary law and traditional criminal law is still alive in their respective regions. Particularly in the Kampar Regency Tribal Domo Air Tiris customary criminal law is still in use by the public in solving the crime of adultery. To the authors interested melakaukan ilmia research as a work in the form of a thesis titled "Implementation of Adat Criminal Penal Code and Criminal In Against Perpetrators of the Crime of Adultery Associated With Role of Police (Case Study Regional Water Domo Tribal Customary Law And Police Tiris Kampar)".The purpose of this study is to determine: first how the concept of adultery a criminal offense under criminal law and criminal customary in the Criminal Code. Both how the settlement process adultery a criminal offense under criminal law and criminal customary in the Criminal Code. Third how the position of indigenous criminal decisions in criminal cases of adultery. In this penelilitian author uses the method of writing juridical empirical (sociological) the approach to maslaah to see the legal norms in force, connected with the facts in the problems encountered.From the results of this study concluded that. The concept of the crime of adultery under criminal law customary everyone whose marital relationship either bound or not bound legitimate marital relationship with the other party. The concept of adultery a criminal offense under the Criminal Code of Article 284 by the Criminal Code. The process of settlement of the crime of adultery under customary law uses the concept bajanjang naiak, batanggo down, which first performed amicably (mamak cornerstone), mamak pisoko, and finally resolved mamak village level. Completion by the Criminal Code, namely, receiving reports, foreclosure marriage book, calling as witnesses, determination of the suspect, ending with mediation. Position customary verdict against the crime of adultery in Indonesian positive law recognized by law because in the process of completion te was achieved peace on both sides. Dissatisfaction in ruling customary police complaint can proceed to the commencement of the investigation stage.Keywords: Indigenous Customary Law-Criminal-Crime Adultery.
Praktik Penempatan Mahasiswa Jurusan Teknik Mesin Fakultas Teknik Universitas Riau Di Dalam Pelaksanaan Kerja Praktik Handika Iqbal Pratama; Hayatul Ismi; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Practical Work is mostly done by the final students as their graduation requirements which arerequired by the university, as well as students of the Mechanical Engineering Department at UniversitasRiau. Law No. 44 of 2015 concerning the Delivery of Work Accident Guarantees and Death Assurance hasobliged that each Practical Worker participant must receive work safety guarantees from the company, butin reality students often do not get the rights they should get.This legal writing aims to find out the implementation of practical work programs in legalprotection, guarantee of their rights by law, protection of their work safety, and the obstacles experiencedby participants of the Practical Work (students, companies, and the Department of Mechanical Engineering,Universitas Riau) in implementing practical work, as well as the solutions to overcome the obstacles.The writing of this study used a juridical empirical approach to see the identification andeffectiveness of law in reality through attitudes, actions and opinions in real terms, by conducting directresearch in the field regarding the implementation of the placement of practical work participants in theDepartment of Mechanical Engineering, Universitas Riau. While the population and sample were all partiesrelated to the problems examined in this study. The data sources used were primary, secondary, and tertiarydata. Data collection techniques in this study were carried out by observation, interviews and literaturereviews.From the research findings on the problem, there are two main things that can be concluded. First,legal protection for Practical Work students at Universitas Riau based on Law Number 44 of 2015concerning the Delivery of Work Accidents and Death Collateral was not fulfilled by the companies wherethey carried out the Practical Work. Second, the agreement process of several parties carried out by thecompany (PT. PLN Pekanbaru Generation Sector) for participants of the practical work at UniversitasRiau's Mechanical Engineering Department is contrary to the applicable law, making this agreement nulland void. Some recommendations from the author, first, the government should pay more attention to thelegal protection of the rights of participants in practical work and more closely monitor the practical workimplementations as well as make good standard procedures. The government should also provideinformation to companies and universities that carry out practical work. Secondly, agreements in practicalwork need to be mandatory and legal rules that regulate like the agreement on "apprentice" participantsshould be formulated to ensure the rights and more balanced positions of participants in practical work. Thecontents of the agreement must fulfill and guarantee the rights of participants in practical work, this isbecause their position in this agreement is very weak.
PELAKSANAAN PEMERIKSAAN SAKSI YANG TIDAK DAPAT DI DENGAR KETERANGANNYA MENURUT PASAL 168 KUHAP DALAM SIDANG DI PENGADILAN NEGERI PEKANBARU Andre Bonar Pardede; Evi Deliana; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Based on Article 183 of the Criminal Procedure Code, The Judge has animportant role in a trial process, namely making a decision in a case byconsidering all available evidence. The system of proof in Indonesia whichadheres to the belief of judges based on at least two legitimate evidences, still hasweaknesses. Witness testimony is one of evidences in a court case in the form of awitness statement regarding a criminal event he heard and experienced byhimself, in accordance with the provisions of Article 1 point 27 of the CriminalProcedure Code. In Article 168 of The Criminal Procedure Code it is explainedthat there are several characteristic of witnesses whose testimony cannot beheard. But in cases of criminal acts as decided in the decision of the PekanbaruDistrict Court Number: 24/Pid.Pra/2017/PN.PBR, Number: 08/Pid.Pra/2017/PN.PBR, the judge presents a witness who cannot be heard or the witness has afamily relationship with the defendant.The purpose of this thesis is: First, to find out the examination of witnessesthat cannot be heard according to Article 168 of the Criminal Procedure Code inthe process of verification at Pekanbaru District Court. Second, to find out thelegal reasons for the judges in using witnesses whose testinomy cannot be heardaccording to Article 168 of the Criminal Procedure Code in the process ofverification in Pekanbaru District Court.This type of research is sociological legal research. From the results ofthe problem research there are two main things that are concluded. First, incarrying out the examination of witness statements that cannot be heard can bemade or there is an exception if it is expressly approved by the public prosecutorand the defendant. Secondly, the legal reason for the judge to use the testimonycannot be heard because of a criminal offense committed in the family sphere.Keywords: Proof – Family Witness – Judge’s Perception
PELAKSANAAN PERJANJIAN SEWA-MENYEWA ANTARA CV BERJAYA MALINDO DENGAN PT BINA DUTA LAKSANA DI PEKANBARU Fadhilah, MHD; Ismi, Hayatul; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Renting is a common thing done by the community and is one form of interaction that is often carriedout. Not infrequently also in practice there are parties who deliberately avoid the implementation of the leaseagreement even in fact some parties fled in order not to carry out the agreements they had previously made.Looking at the contract agreement with Number 15 / SNBT-BMC / February 2016 / February 15, 2016 betweenPT Bina Duta Laksana Pekanbaru and CV Berjaya Malindo (Pekanbaru Pekanbaru Rent Car) as the owner ofthe vehicle, there has been a default from the provisions of Article 1238 Civil Code (Civil Code). Therefore theformulation of this thesis writing problem is: First, how is the implementation of the lease agreement betweenCV Berjaya Malindo and PT Bina Duta Laksana in Pekanbaru. Second is the effort made by CV BerjayaMalindo in the implementation of the lease agreement with PT Bina Duta Laksana?This type of research can be classified in the type of empirical or sociological legal research, because inthis study the author immediately conducts research on the location or place under study in order to provide acomplete and clear picture of the problem under study. This research was conducted in the City of Pekanbaru,especially in the company CV Berjaya Malindo (Jaya Rent Car Pekanbaru) with the company PT Bina DutaLaksana Pekanbaru. Data sources used, namely: primary data, secondary data and tertiary data. The datacollection technique in this study was by observation, interview and literature review.Conclusions from the results of the study, first, The implementation of a vehicle leasing agreementbetween CV Berjaya Malindo and PT Bina Duta Laksana in Pekanbaru is since the agreement of the rentingparty and the lessee regarding the rental price and the leased goods. And the obligations of the parties includedin the lease agreement, as well as the period of implementation and rental prices are up to the parties'agreement. However, the implementation of the vehicle leasing agreement occurred in a default carried out bythe tenant, PT Bina Duta Laksana. Second, the efforts made by those who rent out, namely CV Berjaya Malindoin the implementation of the vehicle leasing agreement, are to issue a Warning Letter or Submission, conductnegotiation or negotiation efforts and collection efforts. The author's suggestion is that the partiesimplementing the vehicle leasing agreement should know well and correctly what are their rights andobligations, and the leasing party must be more careful in carrying out leasing agreements, especially whenconducting a survey of prospective tenants to do with clear and careful to avoid losses.Keywords: Leasing-Default-Company Leasing Agreement
KEBIJAKAN FORMULASI HUKUM DALAM PEMBERIAN PEMBEBASAN BERSYARAT BAGI NARAPIDANA YANG MELAKUKAN PENGULANGAN TINDAK PIDANA Tri Aisyah; Dessy Artina; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Parole is the process of the construction of the prisoners outside the correctional after undergoing 2/3(two-thirds) of at least 9 months criminal period. In granting parole inmates must meet the specifiedrequirements, and there is also a trial period which must be met by the inmates, when inmates violate then hisexemption can be revoked and must live the remainder of the punishment has yet to be lived, his own parolecontained in Article 15 of the BOOK of law CRIMINAL LAW up to Chapter 16 of the BOOK of lawCRIMINAL LAW and in Article 14 of the letter K Act No. 12 of 1995 Correctional settings, and furthermorecontained in the Regulation of the Minister of Justice and human rights no. 3 Year 2018 on the terms andprocedures for the implementation of cultural assimilation, on leave visiting family, leave towards the free,Conditional Parole and Furlough.One of the problems occurred regarding the granting of parole is the absence of a clear settings andrestrictions in granting parole against inmates who do the repetition of criminal acts (residivis), which iscontained in the regulations.This research uses the normative or legal research typology also called with aparticular doctrinal legal research discusses the legal basis of despair. In the study authors use researchdeskriktif properties, because the author describes the policy formulation of the law in granting parole toinmates who do the repetition of criminal acts.The results of the research conducted by the author is there is a lack of clarity and restrictions ingranting parole against inmates who do the repetition of criminal acts. The absence of a clear arrangementmakes the inmates such as pleasantness and no deterrent in doing the repetition of criminal acts. so it needs tobe established and regulations clearly and logically as well as ideal in granting parole against inmates whodo the repetition of criminal acts. This is necessary in order to create legal certainty for inmates who aredoing the repetition of criminal acts.Keywords: Policy formulation, Parole, Recidivis.

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