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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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PENAFSIRAN PASAL-PASAL MAKAR TERHADAP KASUS-KASUS POLITIK DI ERA PRESIDEN JOKO WIDODO Syahra Syahra; Erdianto Effendi; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Makar is a form of attack or resistance against a legitimate government with a view to overthrowing the government or opposing a policy that has been determined by breaking the law, either through weapons or other forces or in other ways. In theory, a plot known to the public is a plot shown in a country that can be divided into three parts, namely the plot towards the safety of the President and Vice President, to the territory of the State, as well as to the government. These three actions are regulated in Chapter I of Book II of the Criminal Code on Crimes against State Security, namely Article 104, Article 106, and Article 107.This research uses library research method. This research was conducted by examining the laws, documents and literature relating to the research material. The research approach used in this research is descriptive analysis, which uses research on legal systematics and examines existing norms in criminal law and criminal law regulations, especially the Criminal Code (KUHP) and Law Number 27 of 1999 concerning amendments to the Criminal Code relating to Crimes Against State Security, then the data will be analyzed based on normative-juridical.The results of this study indicate that treason crime is a very dangerous form of crime and is also categorized as a political crime that has characteristics of motives and objectives that are different from ordinary crime and threatened with severe criminal sanctions. a. related to whether the appropriation of the use of Article treason against State security is applied to the suspects is treason offense is an incomplete trial offense related to the security of the State concerning the safety of the president and vice president, rebelling against the legitimate government and sovereignty of the country's territory. b) the allegation of treason committed by police investigators is a form of premium remedium that makes positive law in the Criminal Code as part of protecting the legal interests of the community and the interests of the country's law. In carrying out their role as investigators, the police play an active role in conducting investigations of treason crimes. The police in their role of investigating treason crimes refers to the Criminal Code. Related to the authority of the police to investigate a crime is regulated by the Criminal Procedure Code and the Police Law. In addition, in this case the investigator must understand what is suspected of the suspect in bringing down the treason case. in addition to understanding the offense treason investigators must also be able to prevent the occurrence of a crime of treason.Keywords: Interpretation, Makar Article, Political Case diera President Joko Widodo
ANALISIS YURIDIS TERHADAP PUTUSAN KASASI NOMOR 365K/PID/2012 DAN PUTUSAN PENINJAUAN KEMBALI NOMOR 79PK/PID/2013 TENTANG PERBUATAN YANG KARENA KEALPAAN DOKTER MENYEBABKAN MATINYA ORANG LAIN Harahap, Radar Oloan; Deliana, Evi; Rahmadan, Davit
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Malapraltik is an error that occurs in a medical action, which error isdone accidentally. If an incident occurs the doctor does not do work inaccordance with professional standards and professional operational standardsdue to the condition of the patient who must be taken medical action this will beproblematic if the patient experiences disability and death. Dr. Case example AyuAyu Saseary Prawani, Dr. Hendry Simajuntak and Dr.Hendy Siagian wasconvicted for not acting according to professional standards and standardoperating procedures due to the condition of patients who need help in anemergency. Based on this understanding the author of this thesis formulates twoformulations of the problem, namely: first what is the basis for consideration ofthe judge Cassation Number 365K / Pid / 2012 and consideration of judgesRevisiting Number 79PK / Pid / 2013 in determining the verdict, Secondemergency without giving informed consent to the patient resulting in death.This type of research can be classified in normative juridical research,because this research is conducted by examining secondary data and approachesto law, this normative study examines legal synchronization to reveal reality, tothe extent that certain laws are in a vertical, harmonious manner horizontallywhen it comes to laws that are in the same field. The data sources used are,primary data, secondary data, tertiary data, data collection techniques in thisstudy are normative juridical, the data used is library research.In the results of the discussion in the writing of the thesis is Firstreviewing how the interpretation of the judge in deciding the case andconsideration of the judge Cassation and consideration of the Review of the Caseof Dr. Dewa Ayu Saseary Prawani, Dr. Hendry Simanjuntak and Dr. HendySiagian. Secondly, a review of the Law needs to be made regarding Informedconsent, which is necessary to reduce or eliminate malpractice.Keywords: Medical Malpractice, Forgiveness, Criminal Responsibility,Decision, Legal Certainty
ANALISIS TERHADAP GARIS-GARIS BESAR HALUAN NEGARA SEBAGAI WUJUD PENGUATAN FUNGSI LEMBAGA MAJELIS PERMUSYAWARATAN RAKYAT REPUBLIK INDONESIA Kalista, Dede Putra; Firdaus, Emilda; Artina, Dessy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

The urgency of the re-enactment of the GBHN was triggered due to thedisappointment of many parties related to the development process whose outputand output were not in accordance with what was mandated by the constitution.The development process is seen to be overemphasized on the limited perspectiveof the President or Regional Head elected, resulting in disparities in thedevelopment process in various regions. GBHN is mentioned as a manifestation ofsovereignty that is concrete in terms of its formation process, GBHN is mentionedas strengthening the principles of Check and Balances, GBHN is said to provecapable of realizing more successful, consistent and sustainable nationaldevelopment. The planning of development programs stipulated by the MPR in theGBHN has in fact not been realized systemically. The evaluation of the MPRbefore setting the last GBHN in the transition from the New Order government tothe reform era stated that development during the New Order era was onlyfocused on the economic sector and was not matched by progress in other sectors.Physically visible progress in the economic sector but fundamentally fragilebecause it does not have a clear legal basis, the law is far behind. Thus theassumption that chaos and lack of guidance in development in Indonesia hasactually been answered by the existence of RPJPN as a substitute for GBHN.Keywords: GBHN – Check and Balances – Fundamental Fragile
PENERAPAN PASAL 71D UNDANG-UNDANG NOMOR 35 TAHUN 2014 PERUBAHAN ATAS UNDANG-UNDANG NOMOR 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK TERHADAP KORBAN DI WILAYAH HUKUM KOTA PEKANBARU Anita Rahmayuni; Emilda Firdaus; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Abstract

In Law Number 35 of 2014 Amendment to Law Number 23 of 2002 concerning Child Protection which has been regulated in Article 71D paragraph (1) states that every child who becomes a victim as referred to in Article 59 paragraph (2) letter b, letter d, letter f, letter h, letter i, and letter j have the right to submit to the court in the form of the right to restitution which is the responsibility of the perpetrators of crime, but in reality there are still many children who become victims of criminal offenses not getting the right of restitution. Until now there has been no seriousness of law enforcement officials in granting victims' rights regarding restitution so that victims have never been informed of the existence of such restitution rights. The purpose of this Thesis Writing, namely: First, Application of Article 71D of Law Number 35 Year 2014 Amendment to Law - Law Number 23 Year 2002 concerning Child Protection of Victims in the Legal Territory of Pekanbaru City, Secondly, obstacles in the Application of Article 71D of Law Number 35 Year 2014 Amendment to Law Number 23 Year 2002 concerning Child Protection of Victims in the Legal Territory of Pekanbaru City , Third, Ideally in the Application of Article 71D of Law Number 35 of 2014 Amendment to Law Number 23 of 2002 concerning Child Protection of Victims in the Legal Territory of Pekanbaru City.This type of research can be classified into the type of sociological juridical research, because in this study the author immediately conducts research on the place under study in order to provide a complete and clear picture of the problem to be studied, while the population and sample are all parties related to the problems examined this study, data sources used, primary data, secondary data and tertiary data, data collection techniques in this study with interviews, questionnaires and library dataThe results of the study can be concluded. First, the Application of Article 71D of Law Number 35 Year 2014 Amendment to Law Number 23 Year 2002 concerning Child Protection of Victims in the Legal Area of Pekanbaru City is proceeding well due to the lack of seriousness of law enforcement officials, especially the Pekanbaru City Prosecutor's Office in granting victims' rights regarding restitution. Second, Obstacles in the Application of Article 71D of Law Number 35 Year 2014 Amendments to Law Number 23 Year 2002 concerning Child Protection of Victims in the Legal Area of Pekanbaru City are caused by several factors, namely law factors, victim legal awareness and ability factors and the willingness of the defendant. Third, efforts made to overcome obstacles in the implementation of Article 281 of Law Number 22 Year 2009 concerning Road Traffic and Transportation Against Drivers of Underage Children by making improvements to Government Regulation Number 43 of 2017 concerning the Implementation of Restitution for Children Who Become Victims of Action Criminal.Keywords: Application - Child Protection - Victims - Restitution
PENEGAKAN HUKUM TINDAK PIDANA OLEH BADAN PENGAWAS PEMILU PADA PEMILIHAN GUBERNUR DAN WAKIL GUBERNUR RIAU TAHUN 2018 Dinda Anggun Komala Citra; Mexsasai Indra; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Elections are the main means of realizing democracy in a country. The substance of the election isthe voice of the people to form representative institutions and government as state administrators. In theprocess of organizing the elections in 2018 in Riau Province there were still many violations of electioncrimes. The formulation of the problem in this study (i) How is the enforcement of criminal acts by theElection Supervisory Agency in the election of Governor and Deputy Governor of Riau in 2018 (ii) What arethe obstacles and efforts to overcome criminal law enforcement by the Election Supervisory Board in theelection of Riau Governor and Deputy Governor in 2018.This type of research can be classified as sociological, because it is based on how to obtain it fromprimary data sources, namely data obtained directly from the main source. This research was conducted atthe Election Supervisory Body of Riau Province, while the population and sample are all parties related tothe problems examined in this study, data sources used primary data, secondary data, and tertiary data,data collection techniques in this study with interviews , observation and literature study.From the results of the research it can be concluded that Law Enforcement of criminal acts by theElection Supervisory Board in the 2018 Governor and Deputy Governor Election has not run optimallybecause there are still frauds committed by the community and there is no Bawaslu authority in attemptingto call the alleged / reported parties in the process information request and lack of expertise of the RiauProvincial Bawaslu staff in the process of taking information or in the process of extracting informationfrom reporters, witnesses and suspects or reported and short handling times is one of the obstacles in theviolation handling process so that the process has not fulfilled enough strong to determine a violation whilethe handling of violations has almost expired. So that the role of Riau Provincial Election Supervisory Bodycannot work optimally in carrying out its duties and functions in supervising the implementation of regionalhead elections, so that there are still cases of electoral crimes that have not been resolved completely in theelection of Governor and Deputy Governor of Riau in 2018.Keywords: Law Enforcement - Bawaslu - Criminal Act on Election.
TINJAUAN YURIDIS TERHADAP EFISIENSI PERUSAHAAN SEBAGAI ALASAN PEMUTUSAN HUBUNGAN KERJA Abdul Rasyid Lukman Siregar; Hayatul Ismi; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Companies in carrying out their operational activities often deal with economicproblems and market conditions that cause companies to suffer losses so that it is necessaryto take efficiency measures to maintain the continuity of the company's operations. One formof efficiency that is often done by employers is to reduce the number of workers byterminating employment.This research is a Normative legal research, which is a library research thatexplains the principles of law such as applicable laws and regulations and is associated withlegal theories related to the problem under study. This research was conducted to find outhow the concept of termination of employment is regulated in Article 164 Paragraph (3) ofLaw Number 13 of 2003 concerning Employment on the Decision of the Constitutional CourtNumber 11 / PUU-IX / 2011, how to review cases of termination of employment for reasonsof company efficiency, and how legal protection and justice in termination of employment aredue to reasons of company efficiency.The conclusion of this research is, First, the word "efficiency" contained in Article164 Paragraph (3) of Law Number 13 Year 2003 Juncto Decision of the Constitutional CourtNumber 19 / PUU-IX / 2011 cannot be interpreted as a reason for termination ofemployment, however It must be interpreted that termination of employment can be carriedout by the company if the company closes and the closing of the company is as a form ofefficiency, or in other words the entrepreneur performs efficiency by closing the company.Second, the use of Article 164 Paragraph (3) of Law Number 13 Year 2003 as a legal basisfor Termination of Employment for reasons of efficiency without the closure of companybusiness is inappropriate and not of legal certainty. Third, the absence of a provision thatexplicitly prohibits termination of employment due to efficiency reasons in order to maintainthe continuity of company operations results in the absence of certainty that can providelegal protection for workers and employers. Fourth, termination of employment for reasonsof efficiency which aims to maintain the continuity of the company's operations so that it doesnot close is unavoidable and must be seen as a solution that provides benefits for a number ofother employees so that they can continue to work. Efficiency which is used as a reason fortermination of employment will be fair if there is compensation from employers to workersthat are reasonable and balanced. The writer's suggestion on the problem under study is, thegovernment must revise the Manpower Act or make new legislation regarding termination ofemployment in the context of efficiency aimed at maintaining the continuity of the company'soperations.Keywords: Termination of Employment - Efficiency - Employers - Companies - Workers
IMPLEMENTASI PASAL 9 PERATURAN DAERAH KOTA PEKANBARU NOMOR 12 TAHUN 2008 TENTANG KETERTIBAN SOSIAL DALAM PEMBINAAN GELANDANGAN DAN PENGEMIS Aditia Herman; Emilda Firdaus; Mexsasai Indra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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The city of Pekanbaru does not yet have a Social Home as a HomelessRehabilitation Site and Beggars only have a Shelter House. This shelter is atemporary place and is intended as a place of residence for recipients of servicesprepared to obtain further services. At this halfway house only have rehabilitationin the form of mental counseling and religious counseling, without the provisionof skills. Non-governmental organizations (NGOs) that work with the SocialService only handle neglected children. And while entrepreneurs only providesocial assistance. In its implementation, Regional Regulation Number 12 of 2008concerning Social Order has not been implemented optimallyThis type of research can be classified as a sociological jurid, namely aresearch approach that emphasizes the legal aspects relating to the subject matterto be discussed, related to the reality in the field. This research was conducted atthe Pekanbaru City Civil Service Police Unit and the Pekanbaru City SocialService, while the sample population was all parties related to the problem understudy. Data sources used, primary data and secondary data and tertiary data,data collection techniques in this study with questionnaires, interviews andliterature studies.In the results of the problem research there are three main things thatcan be concluded. First, the implementation of Regional Regulation Number 12 of2008 concerning Social Order does not work as it should. Second, the inhibitingfactor in the implementation of these Regional Regulations is the limited budget,limited human resources, lack of facilities and infrastructure and implementationof regional regulations are not working. quality of human resources and completeexisting facilities and infrastructure.key words: Implementation, Rehabilitation, Homelessness and Beggars
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENIPUAN DI WILAYAH KOTA TEMBILAHAN KABUPATEN INDRAGIRI HILIR PROVINSI RIAU Irdan Hasan; Erdianto Effendi; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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One form of crime that is still very common in society is fraud. For the unscrupulous, the crime is not so difficult to do. Fraud can be done simply by using good communication skills so that someone can convince others. Crimes in the form of fraud and embezzlement are threatened with criminal sanctions, the enforcement still lacks a deterrent effect on violations, because in criminal law enforcement it is not only sufficient to regulate an act regulated in the law, but it also requires the law enforcement agencies to implement the provisions of the lawThis type of research can be classified in the type of sociological (empirical) legal research, because in this study the authors directly conduct research at the location or place of study in order to provide a complete and clear picture of the problem under study. This research was conducted in the Tembilahan City Region of Indragiri Hilir Regency, Riau Province. The population and sample are the head of the police criminal detective unit in Tembilahan, the Tembilahan police auxiliary investigator, the Chairman of the Tembilahan District Court, Perpetrators of fraud and Victims of fraud. Data sources used are primary data and secondary data.The conclusion that can be obtained from the results of the study is the enforcement of criminal law against fraud in the Tembilahan City Region, Indragiri Hilir Regency, Riau Province, which is still not going well and there are still many frauds that occur. Fraud criminal acts that occur today can be done in various ways from simple to complex. The panel of judges who handed down the conviction verdict referred to the facts of the trial. So that some of the victims were disappointed and judged unfairly against the verdict handed down. The obstacles experienced by criminal law enforcement against fraud in the Tembilahan City Region of Indragiri Hilir Regency, Riau Province consist of law enforcement officers, legal factors and community factors. The factor of law enforcement officers is professional and understanding of fraud that has undergone development. The legal factor is difficult in terms of proof if law enforcement officers are only guided by articles in the Criminal Code. and community factors, namely the community does not fully know and understand various modes of crime, one of which is fraud. Community understanding and knowledge related to the existence of various modes of crime, one of which is fraud.Keywords: Law Enforcement, Criminal Acts, Fraud
GAGASAN MENCEGAH TIMBULNYA CALON TUNGGAL PADA PEMILIHAN KEPALA DAERAH SERENTAK DALAM PERSPEKTIF DEMOKRASI DI INDONESIA Siti Nurrahmah; Emilda Firdaus; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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The issuance of the 100 / PUU-XIII / 2015 Constitutional CourtDecision giving birth to Law Number 10 of 2016 concerning the Establishment ofGovernment Regulations in lieu of Law Number 1 of 2014 concerning Election ofGovernors, Regents and Mayors to Act -Well. In Article 54C paragraph (1,2 and3) it is stated that regional head elections with a single candidate may be carriedout with stipulated provisions. According to the author's assumptions, the articleopens the opportunity for a single candidate to increase. In fact, the constitutionin Article 18 paragraph (4) of the 1945 Constitution has mandated democraticregional elections. Thus, the election of regional heads with a single candidatecan lead to the degradation of democratic values adopted by Indonesia. So, in thisstudy produce two main and very important things that can be concluded. First,the implications of the emergence of a single candidate in the regional headelections simultaneously in the perspective of democracy in Indonesia. Second,the idea of preventing the emergence of a single candidate in regional headelections simultaneously in a democratic perspective.This type of research is normative legal research, because in this study,the authors conducted a literature study, In addition, the author also conductedresearch on the principles and rules of law contained in the law thataccommodate this research. This is done to explain the legal theories relating toregional head elections and carried out with a single candidate, especially in theIndonesian state that adheres to the principle of democracyAuthor's suggestion; First, for legislators to revise the law onsimultaneous regional head elections and related regulations so as not to create asingle candidate, especially reducing the percentage threshold that must be metby political parties. Second, it requires political parties to carry out politicalregeneration for members of political parties in an effort to prepare a generationof qualified leaders. Political parties must carry out political education onsociety, and political socialization so that the public knows who the candidateswill be from the political party.Keywords: Single Candidates, Regional Head Elections, Democracy.
PENERAPAN HUKUM ADAT DALAM PENYELESAIAN TINDAK PIDANA PERSETUBUHAN YANG DILAKUKAN OLEH ANAK DI WILAYAH HUKUMKABUPATEN LIMA PULUH KOTA SUMATERA BARAT Wialanda Wiguna; Erdianto Effendi; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Settlement according to customary law in Minangkabau can be done in the Nagari Judiciary in thiscase carried out by Kerapatan Adat Nagari (KAN). KAN is a customary justice body in Minangkabau. Thetask is to resolve the Sako and Pusako disputes according to the provisions as long as the custom applies inthe Nagari, in the form of a peace decision, and also to settle the customary crimes that occur. However, theapplication of customary law in the jurisdiction of District Lima Puluh of West Sumatra City is still not fullyimplemented just because of a marriage ban on my neighbor, even though it is very contrary to the existingsanctions, if there is a case of intercourse, a mandatory sentence is to marry off the parties the problem.The purpose of writing this thesis are: First, To find out the process of resolving customary sexualintercourse criminal acts committed by children in the jurisdiction of Regency Lima Puluh of West SumatraCity Second, To find out the legal consequences that occur if the settlement of sexual intercourse is donethrough customary law in the jurisdiction Regency Lima Puluh City of West Sumatra.This type of research is a sociological juridical research which means an approach by looking interms of legislation and the reality that occurs in the field.From the results of the study concluded, First, the process of resolving the crimes of customary legalintercourse carried out by children in the jurisdiction of District Lima Puluh of West Sumatra City is not yetfully implemented, this is because if there is a ban on marriage to my neighbor so that customary settlementcannot be continued even though it is very contrary to the sanction of customary punishment that alreadyexists, that is if there is a case of intercourse, then the punishment that must be carried out is to marry offthe parties who are in trouble, are expelled from the village, and excommunicated from the community.Secondly, the legal consequences that occur if sexual intercourse is carried out through customary law inthe legal area of the District Lima Puluh of West Sumatra is that it can override criminal sanctions, becausethe customary sanctions imposed with the agreement of the adat authorities, the sanctions have the samevalid force as criminal law in the Criminal Code, because these sanctions are agreements that have beenestablished by previous adat leaders.Keywords: Application of Customary Law, Copulation and Children

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