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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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PELANGGARAN TAKLIK TALAK SEBAGAI SUATU ALASAN PERCERAIAN DI PENGADILAN AGAMA PEKANBARU Ayana, Sandy Bakti; Firdaus, Firdaus; 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

Perkawinan merupakan suatu ikatan yang sangat kuat sebagai penghubung antara seorang laki-laki dan seorang perempuan dalam membentuk suatu rumah tangga. Perkawinan juga ditujukan untuk terus melangsungkan kehidupan hingga ke generasi-generasi berikutnya dalam ikatan yang sah. Di Indonesia perkawinan di atur dalam Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan. Dalam ketentuan Pasal 1 Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan. Namun terkadang takdir berkata lain, perkawinan yang diharapkan berjalan bahagia penuh cinta dan kasih sayang ternyata harus kandas karena suatu hal. Kandasnya suatu pernikahan bisa disebabkan oleh seperti halnya perselisihan, pertengkaran hebat antara suami dan isteri (penggugat), maupun keadaan dimana salah satu pihak tidak melaksanakan kewajibannya sebagai suami maupun istri. Mencegah akibat buruk dari hal tersebut, Islam memberikan alternatif berupa jalan perceraian. Perceraian adalah berakhirnya suatu pernikahan, beragam faktor yang menjadi pemicu terjadinya perceraian mulai dari ketidakharmonisan, krisis moral, kekerasan jasmani, terus menerus berselisih, cacat biologis sampai dengan suami meninggalkan kewajibannya atau melanggar taklik talak,. Pelanggaran taklik talak adalah suatu talak yang digantungkan pada suatu hal yang mungkin terjadi yang telah disebutkan dalam suatu perjanjian yang telah diperjanjikan terlebih dahulu yang berfungsi mengikat pertanggungjawaban suami terhadap istrinya.Kata Kunci:Perkawinan - Perceraian - Cerai Gugat - Taklik Talak .
ANALISIS HUKUM TERHADAP PELAKU TINDAK PIDANA PENYEBARLUASAN PORNOGRAFI MELALUI INTERNET DALAM PERSPEKTIF HUKUM PIDANA INDONESIA Junita Yunara; Emilda Firdaus; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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The problem of pornography has not been as expected, we can also seethis with the increasingly widespread spread of pornography through the internet.So that the Ministry of Communication and Information of the Republic ofIndonesia said it would block various pornographic websites. People can stillfreely distribute it on their respective social media such as Instagram, Twitter,Facebook and others. Before the existence of special regulations governingpornography itself, contained in Article 282 and 283 of the Criminal Code(KUHP), because there were still many deficiencies in the Criminal Code, LawNo. 11 of 2008 concerning Information and Electronic Transactions was alsodrafted. Law Number 44 of 2008 concerning Pornography.This type of research is normative legal research, known as "legalresearch." In this normative study it is addressed to the law approach. The lawapproach is carried out by examining all laws and regulations relating to legalissues being addressed. Legal research with a legal approach will examine theprinciples of law, reviewing the consistency of regulations relating to theperpetrators of criminal acts of disseminating cyber pornography in theperspective of Indonesian criminal law.In the results of research and discussion there are 3 main problems that canbe concluded. First, the government's efforts to block have not made theperpetrators surrender because even now pornographic content that is spread inthe mass media through the internet is still far from the supervision of thegovernment. Second, existing laws and regulations are still less effective inpreventing and deterring perpetrators of the spread of pornography through theinternet. Third, the problem in the provision of Article 27 Paragraph (1) regardingthe definition of "decency" is that there is no explanation of the meaning ofdecency whether it is the same as the definition of pornography, and themaximum sentence imposed in this article is still in a mild level.Keyword: Legal Analysis, Disseminator, Cyber Pornography.
TANGGUNG JAWAB HUKUM PENGURUS KOPERASI ATAS KERUGIAN KOPERASI (STUDI KASUS PADA KUD BERKAT RIDHO DESA KIJANG MAKMUR KECAMATAN TAPUNG HILIR KABUPATEN KAMPAR TAHUN 2005-2012) Restu Dwi Kismawati; Evi Deliana; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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The object of study in this study is about the legal responsibilities ofcooperative managers for cooperative losses. Where legal responsibility here isnot only the responsibility to replace the losses suffered by the cooperative, butalso the responsibility to be examined and tried if the case is legally verified.Various cases and previous studies have illustrated that often a legal entity suchas a cooperative suffers losses, including due to errors in terms of management.But as long as the author's observations, often these losses are borne jointly by allmembers, even though these losses are caused by mismanagement by thecooperative management. The purpose of this study is to get an overview of howthe KOPSA management's responsibilities form Thanks to Ridho for cooperativelosses. In addition, how was the effort to complete the law against the KOPSAmanagement, Thanks to Ridho, who had made a loss to the cooperative. Theresearch method used in this study is the Sociological method. The data obtainedis data that describes how the losses incurred in the cooperative are also how theresponsibilities of the cooperative management and how the legal settlement ofthe management has made a loss to the cooperative.Then the data will be analyzed based on existing regulations and concludedin a description. Through in-depth research, this research gets results, that thereare deviations in management, borrowing money without considering thefeasibility and ability of the borrower. The existence of these deviations caused aloss to the KOPSA Thanks to Ridho, but the management was not responsible andresigned from the management. The second thing found in this study, namely themanagement does not hold the principle of healthy lending, because theknowledge and abilities of the management are very weak. Legal settlementefforts are not carried out and an internal resolution is chosen, namely throughCase Bleaching, which is expected to make the cooperative develop againregardless of the shadow of the problem. From this, it can be concluded that thelosses caused by management errors by the management, but here the board didnot want to be responsible at all. Legal remedies can actually be made due tothese deviations, but eventually the case is resolved internally, by carrying outCase Bleaching.Keywords: Responsibility, Administrator, Cooperative and Cooperative Losses
TINJAUAN YURIDIS PENYEWAAN PULAU DI WILAYAH KEDAULATAN REPUBLIK INDONESIA TERHADAP PIHAK ASING BERDASARKAN UNITED NATIONS CONVENTION ON THE LAW OF THE SEA (UNCLOS) 1982 Prima Agung Hermanda; Mexsasai Indra; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Island rentals in Indonesia to foreign parties violate the principles of an island nation that emphasizes the integration between land, sea and air dimensions in carrying out national development. It can also eliminate the integration of the sea dimension or waters in national development. in the National Long-Term Development Plan (RPJPN), one of the points of the long-term development mission is to realize Indonesia as an archipelago / maritime country, while the nation's predecessors have fought steadily so that the principles of the island nation are recognized byinternational world as stated in UNCLOS 1982.This type of research used in writing this law is normative legal research that focuses on principles by formulating legal principles, both from social data and from positive written legal data. Whereas when viewed from the nature of this research is descriptive. this study uses secondary data, namely data that has been prepared.The results of this study are island leasing in the territory of the Republic of Indonesia sovereignty against foreign parties based on the 1982 United Nations Convention on Law of the Sea (UNCLOS) in the form of usufructuary rights and leases based on legislation that applies in the Republican sovereignty Indonesia. Indonesian foreign parties are given authority over island rentals as limited as managers. However, some foreign parties have exceeded the authority given to the detriment of the local people who are the people of Indonesia. Island leasing in the territory of the Republic of Indonesia sovereignty against foreign parties based on positive law in Indonesia has not been able to accommodate the interests of the Indonesian people in accordance with the 1945 ConstitutionIsland leasing to foreign parties is more oriented towards seeking profits to increase state income and naturally eliminate the rights of local communities over natural resources of Indonesian waters.Keywords: Island Rental, Foreign Parties, UNCLOS 1982
TINJAUAN YURIDIS PELANGGARAN HAK CIPTA ATAS FILM MELALUI APLIKASI MEDIA SOSIAL Tiara Arfiana; Evi Deliana; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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The development of technology, especially in the field of telecommunications and information that is sweeping the world today is inevitable. It is also undeniable, these developments affect the order, less balanced with a good and adequate understanding of technology, especially in a legal perspective.This type of research can be classified in the type of normative legal research, studying the legal principles contained in Law Number 28 of 2014 concerning Copyright. By its nature, this legal research is descriptive in nature, describing and describing all data obtained from the results of a literature study relating to the title of a legal writing that is clearly and in detail then analyzed to answer the problem under study.From the results of research and discussion it can be concluded that, First, the use of social media application services when screening films in the cinema can be categorized as copyright infringement on film or cinematography, because the use of these services violates moral rights and economic rights in which these rights are elements most important in copyright. The use of social media applications when screening films in theaters can be categorized as copyright infringement because of violations of moral rights, because the perpetrators do not retain the rights of the creator in the modification of the creation (film). Whereas in violation of economic rights, the perpetrators announce, duplicate, broadcast the work (film) without permission to the creator and use the service for commercial purposes. Second, the criminal liability of film piracy actors through social media applications is already contained in Law Number 28 of 2014 concerning Copyright specifically contained in Article 112 and Article 113, but the laws and regulations governing in detail and can ensnare perpetrators with criminal sanctions not yet available, because based on the provisions of this article the perpetrators of copyright infringement can be convicted if the action is taken for commercial gain.Keywords: Copyright - Film - Social Media
Gagasan Yuridis Gratifikasi Seksual Sebagai Bentuk Tindak Pidana Korupsi Di Indonesia Ayda Rahayu; Dessy Artina; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Corruption is an enemy of every country in the world, and we all know that money is the mainsource of corruption. Lubis and Scott in their view of corruption say: "in the legal sense, corruption isbehavior that benefits self-interest by harming others by government officials who directly violate legalboundaries over such behavior, whereas according to government norms can be considered corruption ifthe law is violated or not in the business the action is despicable ". This criminal offense not only harmsstate finances, but also violates the social and economic rights of the community.This research is sociological or empirical research, namely the type of research that usescommunity assumptions in looking for facts that occur in the field to answer an existing problem. Thisresearch was carried out in the Riau High Prosecutor's jurisdiction. While the population and sample areparties related to the problems examined in this study, the data sources used, primary data, secondary data,and tertiary data. The technique of collecting data in this study was through interviews and literaturereview.From the results of the research the authors did can be concluded, firstThe role of the Riau High Prosecutor's Intelligence in the disclosure of alleged criminal acts ofcorruption is to conduct judicial intelligence activities and operations or investigations to collect data orinformation that can be used as evidence about whether or not a corruption has occurred which is thensubmitted to the Chairperson or party have an interest in further decision making. The obstacles faced byRiau High Prosecutor Intelligence in uncovering alleged corruption in the Riau High Prosecutor's lawregion, namely human resource (HR) factors, the factors of legislation that were felt to be incompatible withthe demands of community development, the difficulty factor for the Prosecutor Intelligence in obtainevidence in the form of letters, valuable documents, and related assets, factors in the lack of fundsallocation, factors in lack of coordination by the Prosecutor's Intelligence with related agencies, and factorsin the lack of planning carried out by Riau Prosecutor's Intelligence Office.Keywords: Juridical Ideas - Sexual Gratification - Corruption Crime.
Anal i s i s Yuridi s Terhadap Putusan No.5/Pid.Sus -Anak/2018/Pn.Mbn Terkait Anak Yang Melakukantindak Pidana Aborsi Akibat Korban Tindak Pidana Perkosaan Diah Achriati Aulia; Emilda Firdaus; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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The provisions of Article 75 and Article 194 of Law Number 36 Year 2009 concerning Health makeit clear that a person is prohibited from having an abortion unless there is an indication which endangersthe fetus and the mother. A person who has an abortion without the provisions of Article 75 will be subjectto imprisonment for a maximum of 10 years and a fine of Rp. 1,000,000,000.00 (one billion rupiah). But inthis case someone who has an abortion has an element of coercion or noodweer which means it cannot beconvicted. This case is an abortion resulting from rape by one of his own family members.In the verdict ofthe judge that the rape victim who had an abortion was sentenced to 6 months and 3 months of worktraining as well as paying the cost of the case, the rape victim as the abortionist is a daughter aged 15 yearsmeans that it is underage and not yet capable of law. The purpose of this thesis is: first, to find out theanalysis of the decision No.5 / Pid.Sus-Anak / 2018 / Pn.Mbn fulfill a sense of justice for children whocommit abortion due to victims of rape. Secondly, to find out the basis for the judge's judgment in rulingNo.5 / Pid.Sus-Anak / 2018 / Pn.Mbn to children who commit criminal acts of abortion due to rape victims.This research uses descriptive research with normative juridical approach while the data taken issecondary data so that the data collection is done by literature study. While the analysis of the data used inthis study is a qualitative analysis that examines the truth of the study of documentation and drawingconclusions from each Article by Article relating to the title of this study.The results showed that the criminal prosecution carried out by the Panel of Judges and the demandsof the Public Prosecutors were not appropriate, that a person convicted in this case was 15 (fifteen) yearsold and there was a nature of threats and force during his rape as a victim until he was pregnant. Whereasthere are irregularities in the court process which should be minors having special rights, the authorsanalyze Decision Number 5 / Pid. Sus-Anak / 2018 / PN. the girl.Keywords: Abortion, Rape Victim, Girls.
KEDUDUKAN KEMENAKAN BATALI ADAT DALAM PEMBAGIAN HARTA PUSAKA TINGGI DARI MAMAK KE KEMENAKAN DI KENAGARIAN TABEK PANJANG KECAMATAN BASO KABUPATEN AGAM PROVINSI SUMATERA BARAT Mashut Mashut; Hayatul Ismi; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Pusako or the property of Pusako is all tangible wealth (materil), which is inherited to the sons of niece in Minangkabau. The distribution of high estate must conform to the lineage of family ancestry (Ranji). However, the fact that occurs in the division of high heirlooms there is a conflict where one of the parties who receive a high heirloom is not suitable based on the goods. The purpose of this research is to know the position of traditional Batali's incense in the division of the high estate of Mamak to frankness in Kenagarian Tabek Panjang Sub-district of Agam Regency West Sumatera Province and to know the completion of Dispute in the division of the high estate of the Mamak to the frankness of custom Batali in Kenagarian Tabek Panjang Kecamatan Baso Regency of West Sumatera province.This type of research can be classified sociological, because in this research the author directly conducts research on the location or place studied to provide a complete and clear picture of the problem studied. This research was conducted Agarian long Tabek subdistrict Baso regency of West Sumatera Province, while the population and samples are the whole party related to the problems studied in this research, data sources Used primary data, data skunders, and tertier data, data collection techniques in this study with interviews and literature studies.The results of the study can be concluded two things. First, in the Kenagarian Tabek Panjang Kecamatan Baso Regency of West Sumatera Province, the position of indigenous Batali in the division of the high estate has less attention from the Ninik Mamak to fight for its rights. Secondly, the settlement of disputes in the division of the high estate of the Mamak to the frankness in Kenagarian Tabek Panjang District of Baso Agam Province of Sumatra is done by the procedure, namely: in a virtuous way, batanggo down, starting from Inter Ninik Mamak tribe, but if not find the bright point of the problem, then the plaintiff to appeal the level of KAN, plaintiff and defendant will present a witness. A person/tribe is forbidden to litigate the Sako and Pusako Langsungke the court without going through the procedures prescribed by ADAT.Keyword:high-heritagetreasures-Mamak
PENETAPAN AHLI WARIS BERDASARKAN PERKARA NOMOR 0280/Pdt.G/2015/PA.Pbr TANPA WASIAT KEPADA AHLI WARIS Muhammad Noer Geo Miyana; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Chronological case number: 0675 / PdtG / 2013 / PA.Pbr. June 20, 2014, the late Hj. Sofiah binti Edek who own property together as husband and wife, in the form of a piece of land and its permanent building on teletak in Jalan Rajawali No. 62, RT.02, RW 04, Village Kedung Sari, District Sukajadi, Pekanbaru. The purpose of this thesis, namely; First, to determine the consideration of judges on case No. 0280 / Pdt.G / 2015 / PA. Pbr intestate heirs, Secondly, to find out the judge's decision was appropriate according to Islamic law.This type of study can be classified in this type of normative juridical research, which is a type of research that discusses the principles of law. This research was conducted by examining the library materials or secondary data in the form of legislation and the books written by legal experts associated with the title of the research, articles, journals, and other sources. Federally data sources used, the primary data, secondary data and data tesier, data collection techniques in this study with the study of literature or documentary studies.Based on the research there are two principal issues that can be inferred. First,Based on legal considerations and basic provisions of the law are used, the judge ruled that the right to be heir consists of four (4) persons younger boys and four (4) girls are Hj. Nurjanah bint Khalib Dain girls, Nurman bin Khalib Dain son-worthy, Nurhadi bin Khalib Dain son, Muhammad Aini bin Khalib Dain son, Rosma bint Khalib Dain daughter, Nurhayati binti Khalib Dain girls, Jamaluddin bin Khalib Dain son and daughter Khalib Dain Jaliah girls who all reside diPekanbaru. Second, the judge's decision on case No.0280 / Pdt.G / 2015 / PA.Pbrthere needs to be corrected according to Islamic law and contains the value or the quality of legal certainty. Land Hj. Sopiah bint Edek number of 325.08 m2 while the verdict of land distributed to the heirs of 324 m2, the division of the estate Hj. Edek and Sopiah binti Hj. Nurjanah bint Khalib first plaintiff who had died on Saturday 04th of April 2015. Based on the case that the Islamic law of inheritance, the heirs male resident balanced by the heiress in accordance with the position and function in families where male heir and women gained the right to a comparison 2: 1 (two to one). Suggestions Author, First Should the division of the inheritance of each heir can finish it amicably, because not a few families divided because of the division of the inheritance. Second, Sebeium apply to court and claim inheritance should know in advance where the heirs and follow the procedures in the Religious Court. Keywords : Islamic Inheritance - Legal Considerations - Religious Court
IMPLEMENTASI PEMBERIAN PERLINDUNGAN HUKUM TERHADAP PELAKU WHISTLEBLOWER PADA TINDAK PIDANA KORUPSI DI KOTA PEKANBARU Aviska Loveana Tomanda; Erdianto Effendi; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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The role of the whistleblower is very large to protect the country from more severe losses and violations of the law that occur. But the risks they face are also great when exposing crime, ranging from threats to security to being expelled from the agencies where they work. So the Whistleblower is important to get legal protection from the state. In recent cases there have been many whistleblower witnesses who withdrew their reports or testimonies because of threats and intimidation from the reported parties. This is because the implementation of providing legal protection for whistleblowers has not yet been implemented. Based on this fact, there are two problem formulations in writing this thesis, namely; First, the implementation of the form of providing legal protection for whistleblowers in corruption in Pekanbaru. Second, obstacles in the implementation of the provision of legal protection against whistleblowers in corruption in Pekanbaru.This type of research can be classified in the type of sociological legal research, because in this study the authors directly conduct research at the location under study in order to provide a complete and clear picture of the problem under study. This research was conducted at the Special Criminal Directorate of the Riau Regional Police, while the population and sample were all parties related to the problem under study, data sources used, primary data and secondary data, data collection techniques in this study were interviews and literature studies.From the results of the analysis of the problem it can be concluded first, the implementation of granting legal protection against whistleblowers in corruption in Pekanbaru is still very alarming where, the police have not been able to coordinate well with authorized institutions in this case LPSK in providing protection against whistleblowers so that many witnesses whistleblower retracts its report due to various threats from the reported party. Second, obstacles faced by the Riau Regional Police in implementing witness protection include the difficulty in administering the system to the LPSK (Witness and Victim Protection Agency), the budgetary factor for managing witness protection and the lack of witness and / or victim knowledge of the witness and victim protection law. From this analysis the authors suggest, first, the whistleblower must obtain adequate protection from the authorized institution. Second, good cooperation between law enforcers and authorized institutions is needed to ensure the legal protection of whistleblowers.Keywords: Implementation - Protection - Witnesses and Victims - Whistleblowers

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