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INDONESIA
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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KESADARAN HUKUM MASYARAKAT DALAM MELAKSANAKAN PERKAWINAN KE DUA SETELAH PERCERAIAN BERDASARKAN PUTUSAN PENGADILAN DI KABUPATEN SIAK KECAMATAN KOTO GASIB DESA PANGKALAN PISANG Azet Purnama; Firdaus Firdaus; Ulfia Hasanah
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

A polyandri marriage has taken place in Pangkalan Pisang Village, Koto Gasib District, Siak Regency. There are 2 (two) polyandri marriages. From the two examples of polyandry marriages that the author described above, actually a legal marriage if between husband and wife are divorced, and the wife may remarry with another man. However, for the case of polyandri marriages that occurred in Pangkalan Pisang Village, Koto Gasib Subdistrict, Siak Regency, it was not carried out according to the proper procedure, namely through divorce first. Proof of divorce can only be proven by a divorce certificate based on Article 8 of the Compilation of Islamic Law which states that the decision of a marriage other than a divorce can only be proven by a divorce certificate in the form of a Religious Court decision in the form of a divorce decision, divorce pledge, khuluk or taklik talak decision. In fact, the greatest difficulty in polyandry, which causes this marriage to fail in practice, is the unknown father of the child born, so that in this model of marriage the relationship between father and son is uncertain.The author defines the main issues as follows about Why Weak Legal Awareness in Implementing a Second Marriage after a Court Decision and so that the community has legal awareness to have legal decisions that remain in divorce prior to the second marriage.This writing when viewed from the type of research it is classified as a sociological legal research and can also be said as field research that examines the applicable legal provisions as well as what happens in reality in the community or in other words a research conducted on the actual reality or actual circumstances that are occur in the community with a view to knowing and finding the facts and data needed to be collected then leads to the identification of problems that ultimately lead to problem solving. Meanwhile, if seen from its nature, this writing is analytical descriptive, which means that the research is intended to provide a detailed, clear and systematic description of the main research problems.From the results of the study, the weak legal awareness of the community in carrying out the second marriage after the court ruling was due to lack of public education and knowledge, coupled with the customary habits of the community as well as the presence of inadequate economic factors, especially for polyandri couples that occurred in Pangkalan Pisang Village, Kecamatan Koto Gasib of Siak Regency while the efforts to make people aware of the law to have legal decisions that remain in divorce prior to the 2nd marriage are done by understanding the existence of positive marriage law and Islamic law and providing legal sanctions against the cancellation of polyandri marriages thus this method reduces the practice of polyandri marriages in Pangkalan Pisang Village, Koto Gasib District, Siak RegencyKeywords: Community-Legal Awareness-Second Marriage After Divorce-Judgment-Pangkalan P Desa Village
PEMENUHAN HAK KONSUMEN ATAS UANG SISA TRANSAKSI BAHAN BAKAR MINYAK OLEH PELAKU USAHASTASIUN PENGISIAN BAHAN BAKAR UMUM DI KECAMATAN MARPOYAN DAMAI KOTA PEKANBARU Dicky Ramandha Putra; Maryati Bachtiar; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Article 7A UUPK stipulates that business actors are obliged to have good faith in conducting theirbusiness activities, including in fulfilling consumer rights to the remaining money on fuel oil transactions atgas stations. In Pekanbaru City there are 47 Pertamina gas stations that operating every day and for theMarpoyan Damai sub-district there are 5 gas stations and there are 3 gas stations that the authors chooseto be research locations, but in reality the gas stations do not fulfill consumer rights for the remainingpayment transactions, so that the remaining money consumer payment transactions that are not fullyreturned are detrimental to the consumer. The purpose of writing this research, namely; First, to find outconsumers feel disadvantaged by the price rounding action on the remaining money from fuel oiltransactions by the public refueling station business. The second is to knowing the mechanism for fulfillingconsumer rights to the remaining fuel oil transactions by business actors Public refueling stations. The thirdis to knowing the efforts to fulfill consumer rights to the remaining money for fuel oil transactions by publicrefueling station operatorsThe type of this research can be classified in sociological research. This research uses libraryresearch and field research to obtain data. This research was conducted at Pertamina Gas Station inPekanbaru City. While the population and samples are the overall parties related to the problems examinedin this study. The data sources used primary data and secondary data, data collection techniques in thisstudy by observation, interviews, questionnaires and literature studies.Based on the results of the problem research, there are three points that can be concluded. Firstconsumers feel disadvantaged by rounding out the remaining money in the fuel transaction at the gasstation. Secondly, the mechanism for fulfilling consumer rights for the remaining money from oil fueltransactions is regulated legally by gas stations. Third, efforts that can be made to overcome the obstaclesto the fulfillment of consumer rights for the remaining money from fuel oil transactions at gas stations,namely by increasing the knowledge of consumers and business actors on their rights and obligations.Author's suggestion are first, consumers must be smarter in conducting buying and selling transactions andbroadening their knowledge horizons as consumers and business actors must carry out their business inaccordance with the provisions regulated by law. Secondly, for the Gas Station owners is to make a legalrule regarding the mechanism of fuel oil transaction transactions. The third is more active in disseminatingconsumer protection, especially in the rights and obligations of consumers and business actors.Keywords: Protection - Consumers - Transactions - Gas stations
PENAFSIRAN HUKUM TERHADAP TINDAK PIDANA PENYEBARAN HOAX DALAM PERSPEKTIF HUKUM PIDANA Zhikrillah Zhikrillah; Erdianto Effendi; Adi Tiara Putri
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

The legal provisions regarding hoaxes are in Act Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions governing the spread of hoaxes for violators may be subject to the following sanctions: Article 45 A paragraph 1, i.e. false and misleading news content, Article 45 A paragraph 2, which is a charge that causes hatred or hostility of certain individuals and / or groups of people based on ethnicity, religion, race, and between groups (SARA). Hoax is also regulated in Article 390 of the Criminal Code, only in terms of trade. Therefore, the formulation of the problem of writing this thesis, namely: first how is the interpretation of the law against the spread of hoax criminal law perspective? Second, can hoax distribution be subject to rules in terrorism laws?This type of research used in this study is normative, in this research the writer chooses a study of legal principles. Sources of data used, namely: primary data, secondary data and tertiary data. Data collection techniques namely the method of library research, as well as this study were analyzed using qualitative analysis.The conclusion that can be obtained from the results of the first research, Referring to Law Number 11 of 2008 concerning Information and Electronic Transactions, hoaxes are more appropriate if Law Number 11 of 2008 concerning Information and Electronic Transactions is applied, because in Law Number 11 of 2008 concerning Information and Hoax electronic transactions are widely regulated. Second, the spread of hoaxes can be subject to terrorism laws if investigators have proven that who is actually the perpetrators of hoaxes, are investigated against the background of the spread of hoaxes to the element of intentions that can make the public feel anxious and afraid, in addition there is a form of psychological intimidation from the spread of hoaxes the perpetrators. So if these elements are fulfilled, then it is concluded, the perpetrators are included as a terrorist network or only as a hoax spreader. However, if hoaxes are not involved in terrorist networks, law enforcement officials cannot apply Law Number 5 of 2018 concerning Eradication of Terrorism Criminal Acts. Suggestions are expected for the future of the Government of Indonesia to provide a broader definition and scope regarding the phrase "terrorism" and the phrase "hoax". And the government must classify a hoax as a criminal offense into several provisions. This is because the material on hoaxes can be diverse and the impact can be very detrimental to the public.Keywords: Legal Interpretation - Criminal Acts – Hoax
Perlindungan Hukum Terhadap Pekerja Anak Yang Berkerja Pada Grup Calempong di Kecamatan Kampa Kabupaten Kampar Ditinjau Dari Undang-undang Nomor 13 Tahun 2003 Wilis, Erna; Bachtiar, Maryati; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Legal protection for child laborers working in the calempong group in the sub-district of Kampadistrict needs to be implemented, because there are still many employers who consider that workers areworkers who can be as they please. The consequences are that many workers as human beings and asviolated children, workers in child labor must be personal and must comply with applicable rules.The problems that were carried out were the first thing that was done at the Calempong Group inKampa Subdistrict with Law Number 13 of 2003 concerning Manpower and Second Efforts made to providelegal protection for child labor. The research method used is research, the other is legal research which isalso called research and this research is descriptive. Data in the data, the type of data used in this study areprimary and secondary data, namely directly through respondents (field), Law No. 13 of 2003 concerningEmployment, Civil Code, Kampar Regional Regulation No. 10 of 2016 , legal journals and books thatdiscuss research. Analysis of this data is done qualitatively and deductively drawn conclusions.Based on the results of the research conducted by the author, it was found that there were rights ofchild workers violated by Calempong businessmen, and child laborers were not directly disadvantaged, atthis time needed protection for children working in the calempong group in the sub-district kampa kampardistrictKeywords: Child labor - Legal protection - Child labor rights.
ANALISIS YURIDIS PEMBUKTIAN UNSUR-UNSUR TINDAK KEJAHATAN GENOSIDA TERHADAP SUKU ROHINGYA DITINJAU DARI PASAL 6 STATUTA ROMA 1998 S, Agrialdo Gamaliel; Effendi, Erdianto; Edorita, Widia
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

Article 6 of the Rome Statute of 1998 provides an understanding of genocide, namelycrime with the intention of destroying in whole or in part a group based on nation, race,ethnicity or religion. The intended destruction can be done with various forms of crime: Killingmembers of the group, causing severe injuries or mental damage to group members,Deliberately threatening the lives of group members that cause physical injuries both in part andin whole, Perform actions intended to prevent births in groups, Forcibly transferring childrenfrom one group to another. The Myanmar government is alleged to have committed violenceagainst body and soul, murder, hostage taking, rape for personal honor. But this has not yetbeen completed and there is no certainty regarding genocide to Rohingya ethnic groups. Indeed,to prove it according to the Rome Statute is quite difficult because Myanmar has not ratified theRome Statute. Myanmar has also not officially reported whether they conducted an investigationand or legal effort. Because in Article 51 of the Rome Statute to prove that there must be a partyconcerned (Myanmar).Scientific writing aims to: First, to find out the elements of genocide crime committed byMyanmar against Rohingya ethnicity. Second, to find out the proof of the elements of thegenocide crime against the Rohingya ethnicity, reviewed in Article 6 of the Rome Statute of1998.The writing of this paper uses normative legal research methods by pointing to thehistory of law which describes the history of genocide and the causes of genocide crimescommitted by Myanmar, where the writing collected data from literature, related regulations,related documents and analyzed using qualitative methods to draw conclusions.From the results of this research, to prove that genocide elements in Myanmar first paidattention to whether Myanmar had conducted a trial of genocide perpetrators, it turned out thatthere was no trial there, so that the International Criminal Court (ICC) conducted aninvestigation directly into Myanmar to prove the existence of genocide there.Keyword : Rohingya, Genocide, Interntional Criminal Court
PELAKSANAAN KEWAJIBAN ORANG TUA TERHADAP ANAK DISABILITAS DI SEKOLAH LUAR BIASA NEGERI PEMBINA PEKANBARU DALAM PERSPEKTIF HUKUM PERDATA Khairani, Khairani; Firdaus, Firdaus; Putri, Adi Tiara
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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Marriage creates a legal relationship between parents and children. In Article 45 of Law Number 1 of 1974 concerning Marriage states (1) Both parents are obliged to maintain and educate their children as well as possible (2) Parental obligations referred to in paragraph (1) of this article are valid until the child marries or can stand alone obligations continue even though the marriage between the two parents breaks up.The problem that the author makes in this study is the implementation of the obligation of parents to children with disabilities in Sekolah Luar Biasa Negeri Pembina Pekanbaru. Research methods are juridical empirical or sociological legal research. The data sources used in this study are derived from primary data and secondary data. Data analysis using qualitative data analysis.The results of this study about the implementation of the obligations of parents to children with disabilities in Sekolah Luar Biasa Negeri Pembina Pekanbaru in the perspective of civil law that regulates the obligations of parents still found deficiencies in its implementation. There are still parents who do not know the development of their children and the presence of disability children who are missing. The conclusion if referring to Article 45 paragraph 1 of Law Number 1 Year 1974 concerning Marriage that parents have not been good at taking care of their children.Keywords: Children, Disability, Obligations, Parents. Alimentation.
PENERAPAN SANKSI TERHADAP TENAGA KESEHATAN YANG MENOLAK PASIEN GAWAT DARURAT MENURUT UNDANGUNDANG NOMOR 36 TAHUN 2009 TENTANG KESEHATAN DAN UNDANG-UNDANG NOMOR 36 TAHUN 2014 TENTANG TENAGA KESEHATAN DI KOTA PEKANBARU Indriani, Nuri; Firdaus, Emilda; Erdiansyah, Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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In the second amendment to the 1945 Constitution of the Republic of Indonesiadetailing human rights (human rights) contained in article 28 (28 A to 28 J), one importantelement of human rights is health, regarding this matter our constitution states that everyonehas the right to live in prosperity physically and spiritually reside, and get a good andhealthy environment and the right to obtain health services, hospitals as organizations havean important role in optimizing the degree of public health optimally. In the last case therewas a hospital that refused emergency patients even though in accordance with the sound ofArticle 32 paragraph (2) which reads "in an emergency, health care facilities, both thegovernment and the private sector are prohibited from rejecting patients and / or asking foradvances. The purpose of this writing is; the first is the application of health personnelsanctions that reject emergency patients, the two factors that prevent the police fromenforcing the law against health workers who reject emergency patients.This type of researchcan be classified into the type of sociological research, because in this study directly conductresearch on the location or place studied to provide a complete and clear picture of theproblem under study. This research was conducted at the RI Ombudsman RiauRepresentative and Riau Regional Police, while the population and samples were all partiesrelated to the problems examined in this study, data sources used, primary data, secondarydata, and tertiary data, data collection techniques in research this is by observation,interview and literature study. From the results of the research problem there are two pointsthat can be concluded. The first is the application of sanctions to health workers who rejectemergency patients, that the imposition of sanctions on health workers is not carried out inaccordance with Law Number 36 of 2009 in the form of criminal sanctions and fines. The twofactors that were the friend of the police in enforcing the law against health workers whorefused emergency patients, while the obstacles faced by the police in enforcing the lawagainst health workers were due to a lack of public awareness about the law and becausethere were no reports from the public. Suggestion The author, first, is expected to imposecriminal sanctions on health workers who reject emergency patients need to be carried out inaccordance with applicable laws and regulations. Secondly, the police do not wait for publicreports because cases of health workers rejecting emergency patients are an ordinaryoffense. not complaint complaints so there is no need for a complaint or report to investigatethe case.Keywords: Sanctions - Health Workers – Emergency
PEMIDANAAN PALING SINGKAT PELAKU TINDAK PIDANA KORUPSI DI PENGADILAN TINDAK PIDANA KORUPSI PADA PENGADILAN NEGERI PEKANBARU Rizadi, Nadila; Indra, Mexsasai; Rahmadan, Davit
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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Corruption is one particular crime that is serious, organized that has caused serious problems and threats, because it can endanger the stability and security of the country. In eradicating criminal acts of corruption, judges as law enforcers have the power of the judiciary to hold justice in order to uphold law and justice by recognizing the principle of free and impartial justice. In imposing a sentence the judge is free in searching for the sentence that was handed down to the accused properly. In the context of the judge's freedom to determine the severity of the sentence where he can move within the maximum limits of the sentence or to choose the type of sentence, it can be stressed that these reasons, both made the basis for the burden of the sentence or to ease it. In its application, judges tend to impose corruption cases with minimal punishments both in Article 2, Article 3 and Article 12 of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning Eradication of Corruption.The purpose of writing this thesis, namely; First, knowing the conviction for perpetrators of corruption under Law Number 31 of 1999 concerning Eradication of Corruption in the Corruption Court at the Pekanbaru District Court, Second; find out that judges tend to impose the shortest criminal sentences of corruption perpetrators in the Corruption Court at the Pekanbaru District Court.From the results of the research based on two problem formulations it can be concluded, First, in the implementation of judges, the criminal act of corruption is in accordance with the provisions of the applicable law. As the basis for the judge in deciding a case of corruption is referring to Law Number 31 of 1999 jo. Law Number 20 of 2001 concerning Eradication of Corruption Acts as material law and Act Number 8 of 1981 concerning Criminal Procedure Law as formal criminal law, as well as Law Number 48 of 2009 concerning Judicial Power. Second, in the implementation of criminal punishment for perpetrators of corruption under Law Number 31 of 1999 jo. Law Number 20 of 2001 concerning Eradication of Corruption. Criminal is known as the shortest and longest. Which stipulations regarding criminal sanctions in the Act are relatively none that are formulated extraordinary (extraordinary) either related to the severity or related to the type of criminal. So that we can see the legal culture of judges and the paradigm of judges thinking in passing verdicts. In the legal culture of judges there are 3 typologies: first Judge typology (1): Positivistic and Nonpositivistic, second Judge typology (2): Textual and Contextual, third Judge typology (3): Materialist, Pragmatic, and Idealist.Keyword : Criminal Act, Corruption, Criminalization
PERLINDUNGAN HUKUM TERHADAP PEREMPUAN KORBAN TINDAK PIDANA PERDAGANGAN ORANG DI KOTA PEKANBARU Sari, Intan Permata; Firdaus, Emilda; Ferawati, Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Protection is defined as protection provided by legislation regulated by this law, starting from someone who can be identified as a victim of trafficking in persons, the process of investigation, prosecution and social rehabilitation to the process of returning victims of trafficking in persons. Giving protection to victims by the police to provide security from the threats posed by perpetrators by the police still raises concerns that the police will act arbitrarily in conducting investigations, where the police agency in investigating this case is trying to protect the perpetrators of crime. Because in the case of trafficking women often blame the victims in a case. While the police still have a feeling of not sympathizing with the victims, this closes the possibility that there will be a neglect of the victims to get their rights they should get. Not infrequently, sometimes cases of criminal acts of trafficking go to court institutions, this is because the police cannot continue the case due to a lack of evidence. Even though the victim's information has been able to strengthen the evidence that the criminal act of trafficking occurred. In the protection given to victims of criminal acts of trafficking in people in Pekanbaru, there is still no concern. The connection is that victims are left to leave without getting the protection provided by the authorities, this is also due to the low education of the victims so that these victims do not know what rights they must receive. Whereas in the regulations governing the crime of trafficking in persons it has been explained. The police should provide protection by implementing and implementing women victims of trafficking in crime to protect victims from threats that will befall them, from investigations to after stages in the judiciary. In the future, the application of the law to the provision of assistance to victims of crime is not only limited to the legislation, but in its implementation it must also be realized for the sake of justice that must be upheld.Keywords: Protection - Police - Crime of Trafficking in Persons
IMPLEMENTASI STANDAR PELAYANAN PUBLIK BAGI MAHASISWA PENYANDANG DISABILITAS BERDASARKAN PERATURAN MENTERI RISET, TEKNOLOGI DAN PENDIDIKAN TINGGI NOMOR 46 TAHUN 2017 DI UNIVERSITAS RIAU Permadi, Eko; Firdaus, Emilda; Artina, Dessy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Minister of Technology and Higher Education Regulation Number 46 Year 2017 concerning Special Education and Special Services Education in Higher Education becomes a standard of service for students with disabilities. Basically the implementation of public policy is aimed at how the ideals in a legal product can be realized properly. The University of Riau as a public service provider in the field of higher education is in fact still not optimally realizing the fulfillment of Economic, Social and Cultural Rights. There are several problems that still need to be fixed. This type of research is empirical / sociological legal research with observation, interview, questionnaire and literature study data collection techniques. Qualitatively analyze data and use deductive thinking methods. The results showed that the implementation of public service standards for students with disabilities at the University of Riau was not satisfactory. Many service standards starting from the admission of new students, facilities and infrastructure, disability service units and financing have not been met by the University of Riau. There are several factors that become obstacles such as service providers that have not made a legal basis for its implementation in the internal environment, construction of facilities and infrastructure has not been a priority and from students with disabilities do not know what their rights are while studying at Riau University. Proposed improvement of public services is very important so that students with disabilities can study comfortably and easily in the campus environment.

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