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INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 2,579 Documents
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PENYELESAIAAN PERKARA PIDANA MELALUI MEDIASI PENAL TERHADAP TINDAK PIDANA PENGANIAYAAN PADA MASYARAKAT ADAT DESA KUBU BALING-BALING KECAMATAN TAMBUSAI KABUPATEN ROKAN HULU Al Qudri; Evi Deliana; Ferawati Ferawati
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

Penal mediation is the settlement of cases outside the court, in Indonesia the settlement of cases outside the court or Alternative Dispute Resolution (ADR) is only known in the civil sphere, whereas for the criminal sphere the settlement is reached by proceeding through the court. The practice of settling criminal cases outside the cour,t so far has no formal legal basis, so there is often an informal case where there has been a peaceful settlement even though through the mechanism of traditional law, it is still processed in court according to national law.This 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 Central Tambusai region, Tambusai District, Rokan Hulu Regency. While the population and sample are Datuk Luhak Tambusai Customary Institution, Ninik Mamak Density of Luhak Tambusai Adat, Chief of Tambusai Luhak Sector Police and Perpetrators and Victims of Abuse in Luhak Tambusai Village.The conclusions that can be obtained from the results of the study are: First, the completion of criminal cases through Penal Mediation against criminal acts of persecution in the indigenous community of Kubu Baling Baling Village, Tambusai District, Rokan Hulu Regency, has not been implemented well. This is proven that, the perpetrators are still not fully with mamak ninik. The parties are still inclined to take the case to the litigation channel. The parties should be able to appreciate the existence of ninik mamak in settling criminal cases through Penal Mediation for criminal acts of persecution in the Kubu Baling Baling Indigenous Village community. The people around still don't realize the existence of customary law as an alternative in resolving cases that occur in the community. Second, the efforts to resolve criminal cases through mediation of penalties in order to reduce the occurrence of criminal acts of persecution in the indigenous communities of Kubu Baling Desa Tambusai District, Rokan Hulu Regency, among others, strengthening and empowering the role of ninik mamak, increasing cooperation with law enforcement officials, and empowering institutions custom.Keywords: Settlement, Criminal Case, Penal Mediation, Indigenous Peoples
KEDUDUKAN KREDITOR PREFEREN DALAM KEPAILITAN SETELAH PUTUSAN MAHKAMAH KONSTITUSI NOMOR 67/PUU-XI/2013 DITINJAU BERDASARKAN UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG Samuel Aprianto; Hayatul Ismi; Riska Fitriani
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

In bankruptcy accordance with Article 55 paragraph (1) of Law no. 37/2004 on Bankruptcy and Postponement of Paying off Debt, states that creditors holding material security or commonly called separatist creditors can execute their rights as if bankruptcy did not occur, which means they have separate rights and a higher position than creditors who don’t hold rights material in the distribution of bankrupt assets, especially preferred creditors whose assets are part of bankrupt assets. The results of the study stated that after the Constitutional Court Decision No. 67 / PUU-XI / 2013 which interprets Article 95 of the Manpower Law, the position of separatist creditors who used to be higher than the position of laborers' wages, now below the Wages of Laborers who are preferred creditors. Based on the provisions of Article 1134, it is valid for special creditors who do not hold the right of guarantee to take precedence as long as it is regulated by law to prioritize their payments from creditors holding material security rights holders, because they have a valid reason for prior payment. But the implication of the adoption of the Constitutional Court Decision Number 67 / PUU-XI / 2013 is the reduction of the Security Rights of the separatist creditor as the holder of the right to the object guaranteed to give priority to payment (droit de de preferece) than other creditors (Article 1150 of the Civil Code), and cause legal uncertainty regarding the position of preferred creditors and separatist creditors because the material security asset is not part of the bankrupt assets.Keywords: Secured Creditor-Wages Of Laborers
PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KONSUMEN TAYANGAN VIDEO DI YOUTUBE DITINJAU DARI UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Asih Artina; 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

Youtube is a video-sharing wen (sharing video) site where users can load,watch and share video clips for free. Generally the videos on youtube are musicclips (video clips), movies, TV, and videos made by its own users. But in realitythere are many videos of adult songs displaying inappropriate impressions seenby immature or incompetent children because the video contains verbalpornographic elements through titles and / or lyrics that are sexually charged orobsceneAs for the purpose of writing this thesis is to know the legal protection andobligations of the old orag to the child as a consumer of video clips of adult songson youtube viewed from the law number 8 of 1999 on consumer protection. Inwriting this thesis, the authors use the type of research that is legal literatureresearch.The conclusions can be obtained from this study is First, the legalprotection of children as consumers of video clips of adult songs on youtube isstill not running properly, where there are still many children as consumers whoare harmed due to video clips of adult songs on youtube that mostly contain thingsnegative things such as the element of pornography, not educational, chargedscenes and / or lyrics that can be seen to make women as the object of sex, theform of violence. Secondly, the obligations and responsibilities of parents andgovernment to children as adult video clip users on youtube are parents need tohave knowledge about the internet (youtube), restrict the use of internet tochildren, build and equip children with religious education in the family as earlyas possible. The writer's suggestion in writing this thesis is First, it is expectedthat the consumer of video clip of adult song on youtube can be more donepenyarigan about age restriction that can watch the show, and also video clip ofadult song not to highlight things that smell of pornography, and other tangiblethings. Second, it is expected that parents can better control every child's actions,directing the child to positive things. For the government is expected toimmediately provide a best solution in overcoming the negative impact of theinternet that will affect the child's development in particular.Keywords: Legal Protection - Child - Consumer - Video Clip - Adult Song -Youtube
PENERAPAN REHABILITASI TERHADAP PENYALAHGUNA NARKOTIKA BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA DI KABUPATEN SIAK Muhammad Ragel; Erdianto Effendi; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

According to Article 54 of Law Number 35 Year 2009 concerning Narcotics, narcotics addicts and narcotics abusers must undergo rehabilitation. But in the application in Siak Regency, rehabilitation is only an expectation of narcotics addicts and users to get treatment and treatment. The purpose of writing this thesis are: First, the application of rehabilitation of narcotics abusers in Siak Regency, Second, the obstacles experienced by law enforcement officials in the application of rehabilitation of narcotics abusers in Siak Regency.This type of research can be classified in the type of empirical juridical research or sociological research, because in this study the authors directly carry out research at the location under study in order to provide a complete and clear picture of the problem under study. This research was conducted in Siak District, namely in the Siak District Court, Siak Resort Police, and Pekanbaru Class IIA Penitentiary, while the population and sample were all related to the problem under study, the data source used primary data, secondary data and tertiary data , data collection techniques in this study with interview observations and literature studies.From the results of the research problem there are two main things that can be concluded. First, the implementation of rehabilitation of narcotics abusers in Siak Regency has never been implemented by law enforcement officials and the government. Second, the obstacles faced by law enforcers in implementing rehabilitation of narcotics abusers in Siak Regency namely, the absence of the District Narcotics Agency and the Integrated Assessment Team, lack of knowledge of law enforcement officials, lack of rehabilitation institutions, budgets. The author's suggestion is that the Government needs to provide assistance for the implementation of this rehabilitation in Siak Regency, then the quality and quantity of law enforcement officials need to be developed, and the need for special attention from the Government and law enforcement officials.Keywords: Implementation, Rehabilitation, Narcotics Abuser
Perlindungan Hukum Bagi Peserta BPJS Kesehatan Yang Melakukan Pembayaran Premi Melalui Payment Point Online Bank ( PPOB ) di Desa Tanjung Bungo Kecamatan Kampa Oktaviani Aswar; Hayatul Ismi; Ulfia Hasanah
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

Health insurance is held with the aim of ensuring that participants receive health care andprotection benefits in meeting basic health needs. But BPJS Health participants in this case manyexperienced complaints because of the late Payment Point Online Bank (PPOB) paying participants'contributions to BPJS Health. The purpose of this essay is: First, the implementation of legal protection forBPJS Health participants who make premium payments through Payment Point Online Bank (PPOB) inTanjung Bungo Village, Kampa Subdistrict, Secondly, constraints and efforts made by BPJS HealthParticipants who make premium payments through Payment Point Online Bank (PPOB) in Tanjung BungoVillage, Kampa District.This type of research is a type of sociological legal research. This research was conducted at thePekanbaru Branch BPJS Health office JL. Tuanku Tambusai Ujung Komp. 20 Ruko No. 6F-10J Ex.Labuhbaru Barat Kec. Umbrella City of Pekanbaru. While the population and sample are the Head ofPublic Communication BPJS, BPJS Health Participants, and PPOB. The data used are primary data,secondary data and tertiary data and data collection techniques are field studies, interviews, and literaturestudies.The results of the problem research are two main things that can be concluded. First, theimplementation of legal protection for BPJS Health participants who make premium payments throughPayment Point Online Bank (PPOB) in Tanjung Bungo Village, Kampa Subdistrict does not work inaccordance with applicable laws and regulations, namely that everyone has the right to get health services,benefits health and protection in meeting basic health have not been fully obtained by participants. Second,the constraints and efforts made in implementing legal protection for BPJS Health participants who makepremium payments through Payment Point Online Bank, the obstacle experienced by the PPOB is the lackof openness and caution in accepting and paying participant contributions and the existence of networkdisruption in terms of deposits to the BPJS Kesehatan, while from the participants there was a lack ofknowledge of participants regarding the rights they should have obtained.Keywords: Legal Protection-BPJS Participants Health-Payment Point Online Bank
PENEGAKAN HUKUM TERHADAP PENGEDAR SEDIAAN FARMASI YANG TIDAK MEMILIKI IZIN BERDASARKAN UNDANG-UNDANG NOMOR 36 TAHUN 2009 TENTANG KESEHATAN DI BALAI BESAR PENGAWAS OBAT DAN MAKANAN KOTA PEKANBARU Muhammad Aziz Fikri; Emilda Firdaus; Erdiansyah Erdiansyah
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

Until now there are still many people who are victims of buying drugs at drug stores that do not havebusiness licenses and their drugs are illegal. The free circulation of illegal drugs has attracted manyconsumers. On the other hand actually there must be supervision by the government, this supervision isintended so that the licensing process functions preventively and will not harm consumers. The main causeof the distribution of pharmaceutical preparations without marketing authorization is due to the fact thatprices are far cheaper than pharmaceutical preparations that have obtained distribution permits.The type of legal research is juridically sociology, where in this research, it is carried out directly tothe field to collect primary data, and use descriptive methods. Whereas if seen from the nature of thisresearch is descriptive. This study uses secondary data, namely data that has been prepared.The results of this study are law enforcement for distributors of pharmaceutical preparations that donot have permits under Law No. 36 of 2009 concerning Health at the Central Bureau of Drug and FoodControl of the City of Pekanbaru, which have not been able to run optimally. This is because the distributorof pharmaceutical preparations who do not have permits are only given verbal reprimand and confiscationof evidence of pharmaceutical preparations that do not have permits. Barriers to law enforcement againstdistributors of pharmaceutical preparations that do not have permits are a lack of understanding ofcommunity law regarding the dangers and sanctions for circulation of suppliespharmacies that do not havepermits, economic factors that cause people to prefer pharmaceutical preparations that do not have permitsbecause of the more affordable prices and to seek large profits by the agents (dealers), and factors ofsociety's mindset that are influenced by the environmentaround to take every opportunity created inobtaining profits that spur the actions of distributors of pharmaceutical preparations that do not havepermits. Efforts to overcome obstacles in law enforcement dealers of pharmaceutical preparations that donot have permits are: a) optimization of socialization activities regarding the list of types ofpreparationspharmacies that do not have permits are also dangers regarding the use of pharmaceuticalpreparations that do not have permits and sanctions to be received by distributors of pharmaceuticalpreparations that do not have permits, b) optimization of BPOM cooperation with other authorized lawenforcement officers such as partiesthe police and c) carry out continuous supervision and reach the remoteparts of an area.Keywords: Law Enforcement, Pharmaceutical Supply Dealers, No License
ANALISIS TENTANG HUKUMAN KEBIRI BERDASARKAN UNDANG – UNDANG NOMOR 17 TAHUN 2016 TENTANG PENETAPAN PERATURAN PEMERINTAH PENGGANTI UNDANG – UNDANG NOMOR 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK MENJADI UNDANG – UNDANG DALAM PERSPEKTIF HAK ASASI MANUSIA Fattimi Beethoveni Sikumbang; Emilda Firdaus; Dessy Artina
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

The issue of pedophiles needs more intensive and serious attention. In protecting the rights of children from rape victims, the Indonesian government through the Republic of Indonesia Law Number 17 of 2016 Application of Government Regulations in lieu of Indonesian Law on Child Protection. This means that Indonesia has legalized the castration penalty for perpetrators of sexual crimes. Castration punishment when linked to human rights (HAM), the castration penalty violates two principles that become the mandate of reform, namely the principle of human rights and democracy.This type of research can be classified into normative legal research, namely legal research conducted by examining library materials. This study examines the subject matter in accordance with the scope and identification of problems through a statute approach carried out by examining the laws and regulations relating to the legal issues examined.Conclusions that can be obtained from the results of the study are the reasons for castration being the choice of the country in the punishment of the offender it is deemed to have a deterrent effect on pedophiles. The ideal form of regulation of punishment for pedophile perpetrators in the perspective of human rights is the Government in the Pancasila mandate, 2 which says that humanity is just and civilized, so that in making a regulation regarding punishment given specifically pedophile perpetrators should be from the aspect of human rights perpetrators, not just talk about adopting existing regulations in other countries. that the ideal punishment for pedophiles is a life sentence, so that not being a predator becomes a deterrent effect for other actors who want to commit the crime.Keywords: Analysis, Castration Punishment, Child Protection, Human Rights
ANALISIS YURIDIS KEKUATAN P EMBUKTIAN KETERANGAN SAKSI TESTIMONIUM DE AUDITU PASCA LAHIRNYA PUTUSAN MAHKAMAH KONSTITUSI NOMOR : 65/PUU-VIII/2010 Namira Delima; Emilda Firdaus; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Decision of the Constitutional Court No. 65 / PUU-VIII / 2010concerning Testing of Law Number 8 of 1981 concerning Criminal ProcedureLaw, provides an extension of the understanding of witnesses stipulated in article1 points 26 and 27 of the Criminal Procedure Code. The Constitutional Court asone of the judicial power institutions whose decisions are final and binding, canbe one of the sources of criminal procedural law in Indonesia. But in practicethere are still many judges who do not follow the Constitutional Court Decisionas one of the instruments of evidence of legitimate witnesses in court. The purposeof writing this thesis is, first: To find out the strength of the testimony of thetestimonium de auditu's testimony after the birth of the Constitutional CourtDecision Number: 65 / PUU-VIII / 2010. Second: To find out the implications ofthe Constitutional Court Decision Number: 65 / PUU-VIII / 2010 on thetestimonies of witnesses of the testimonium de auditu in the decision of thecriminal court.This type of research is normative juridical research, namely researchcarried out by examining literature with secondary data sources consisting ofprimary legal material in the form of legislation, secondary legal material legalbooks, and tertiary legal materials in the form of dictionaries. Then the data areanalyzed qualitatively, namely analyzing data descriptively obtained fromsecondary data.From the results of the study it can be concluded that, first, the strengthof the testimony of the testimonium de auditu's testimony after the birth of theConstitutional Court Decision Number: 65 / PUU-VIII / 2010 is that testimony oftestimonium de auditu can be used as a valid evidence in a trial at a criminalcourt case . second, the implication of the Constitutional Court Decision Number:65 / PUU-VIII / 2010 on the testimony of the witness of the testimonium de auditin the verdict of the criminal court is to make the Constitutional Court DecisionNumber: 65 / PUU-VIII / 2010 need to be followed and considered in every courtdecision.Keywords: Evidence Tools - Witness Information - Testimonium De Auditu -Decision of the Constitutional Court
PELAKSANAAN PERJANJIAN PAKET PEKERJAAN KONSULTANSI ANTARA SATUAN KERJA NON VERTIKAL TERTENTU PERENCANAAN DAN PENGAWASAN JALAN NASIONALPROVINSI JAMBI DENGAN PT. ARTERI CIPTA RENCANA JO PT. RAISSA GEMILANG Fitri Aulia Simatupang; Maryati Bachtiar; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Article 1320 of the Civil Code regarding the terms of the agreement, in which the cooperation agreement occurs between the parties. The agreement between the two parties about the importance of the rights and interests of each party involved in the agreement. The agreement applies as binding on the parties that replace it with the requirements in Article 1338 of the Civil Code. The problems examined in this study, namely the implementation of the agreement of supervision of the Jambi Province between the Directorate General of Highways and PT. Arteri Cipta Rencana with what was caused by one party to default on the other party. This writing uses sociological research methods that support the provision of opinions, explain and question about those who support. This type of research is classified as observational research conducted by survey, namely research directly to the research location using data collection tools in the form of interviews, whereas when viewed from its nature, this writing is descriptive analysis, which means the research is intended to provide an overview detailed, clear and systematic about the main problems of research. Soerjono Soekanto and Sri Mamudji suggested that descriptive research is a study that intends to provide as detailed data as possible about humans, circumstances or other symptoms, with a view to reinforcing hypotheses, to reinforce a theory or formulate new theories. Based on the results of the study it can be concluded that the rights and obligations in the Consultation Work Package Agreement between the Specific Non Vertical Work Unit Planning and Supervision of the Jambi Provincial National Road and PT. Arteri Cipta Rencana Jo PT. Raissa Gemilang said that the rights and obligations of the parties are equally binding, in other words they carry out the rights and obligations contained in a contract. Sanctions given to both parties in this case PT. Arteri Cipta Rencana Jo PT. Raissa Gemilang and the Implementing Contractor due to not implementing the Agreement stated that the sanctions provided were in the form of written warning, so that PT. Arteri Cipta Rencana Jo PT. Raissa Gemilang can be wise in supervising the implementing contractor, while sanctions for the executing contractor that the disbursement of funds of 5% is held by the Particular Non Vertical Work Unit for Planning and Supervision of the Jambi Provincial National Road, before completing its work properly and correctly and can be accounted for. Keywords: Cooperation Agreement, Road Supervision
PEMBERLAKUAN ASAS KELAYAKAN DAN KEPATUTAN (ASAS EX AEQUO ET BONO) SEBAGAI UPAYA PENGENYAMPINGAN HUKUMAN PIDANA TERHADAP LANSIA Irvan Suherry; Erdianto Effendi; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Abstract

Elderly or Elderly is someone who, even though he is said to be old, still has rights and obligations.So that the elderly are also included as subjects of criminal law. An elderly person is not impossible tocommit a criminal act. Many elderly people have reported that those who commit criminal acts are anelderly person.And as a legal subject who fulfills the requirements to be held accountable for crimes, an elderlyperson must be held accountable for criminal acts. By looking at the physical and mental condition of anelderly person, it is difficult for the law to provide fair punishment.Because the imposition of a criminal offense is not merely revenge for an act that has been violated,but rather an attempt to provide guidance to the perpetrator of a crime. It becomes very difficult if anelderly person who is old and in poor condition must undergo a process of punishment that takes not a littletime and the mental stresses are there. In the punishment of law enforcement officials in this case the police,prosecutors, judges are important.Keywords: Elderly, Criminal Objectives, Role of Law Enforcement Officials

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