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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
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Articles 2,579 Documents
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Tinjauan Yuridis Terhadap Tindak Pidana Pembakaran Hutan dan Lahan Oleh Korporasi Dikaitkan dengan Prinsip Strict Liability (Studi Putusan Pengadilan Negeri Tanjung Jabung Timur Nomor : 36/Pid.Sus-LH/2016/PN.Tjt dan Pengadilan Negeri Rokan Hilir Nomor : 393/Pid.Sus-LH/2016/PN.Rhl Rinta Meinika; Erdianto Effendi; Widia Edorita
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 principle of strict liability is a principle used to impose absolute responsibility on corporationsthat commit crimes under the category of violations. But in practice, it is rare to find cases that imposecriminal liability on corporations because law enforcers have difficulty finding valid evidence.The main problems examined are the criminal acts of forest and land burning by corporationscontained in the decision of the District Court Number: 36 / Pid.Sus-LH / 2016 / PN.Tjt and the decision ofthe District Court Number: 393 / Pid.Sus-LH / 2016 /PN.Rhl.This type of research is a normative legal research comparative type of law. The data sources usedin this study are primary data, secondary data and tertiary data, namely library materials that includeofficial documents, library books, legislation, and other documents relating to research issues.In this study it can be concluded that in the decision Number: 36 / Pid.Sus-LH / 2016 / PN.Tjt thedefendant was declared not proven guilty even though the facts presented in the trial showed that thedefendant committed negligence and had a negative impact on the environment and society. While on theverdict Number: 393 / Pid.Sus-LH / 2016 / PN.Rhl was found guilty and sentenced to a fine of Rp.1,000,000,000 (one billion rupiah) for negligence and negative impact on the environment and society.Authors' advice, firstly, for law enforcement officials in upholding the applicable law does not look at thestatus and level of difficulty in gathering valid evidence, especially in the case of forest and land burning bycorporations, because as is known the principle of strict liability can be used as a guideline for holdingcorporations accountable without requiring an element of proof. Second, for corporate management, inconducting business, especially in the fields related to the environment, they must comply with applicablelegal provisions and should be able to protect the surrounding environment so that no damage to theecosystem and the environment in any form. Third, for the community, it should foster self-awareness thatthe environment in general and the state of the forest in particular must be protected and protected in orderto avoid environmental damage.Keywords: Forest and Land Burning - Corporate Liability - Strict Liability
IMPLIKASI YURIDIS PERJANJIAN PERBATASAN MARITIM AUSTRALIA DAN TIMOR LESTE TAHUN 2018 TERHADAP BATAS WILAYAH LAUT INDONESIA DAN AUSTRALIA TAHUN 1972 Utami, Retno Tri; Deliana, Evi; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Indonesia as a sovereign country cannot escape from international legal joints, even to define and establish something that is a symbol of the sovereignty of the country, territory or Sea also known as as the sea area is the closest zone from the coast is entirely subject to the sovereignty of coastal States, the basis of enactment of sovereignty as the supreme power of the State is limited by the territory of the country, so that the State has the power the highest within the limits of its territory.This research uses the normative legal research typology, which more specifically discusses the principles of law. In this study the author uses descriptive research properties, because the author describes the fact that examined by the researchers of borderline related maritime region Sea Treaty indonesia Australia and East Timor against the territorial boundaries of the sea Indonesia And Australia of the year 1972, the results of the research conducted was the author of, first, what happened in Indonesia and Australia Agreement does not reflect a country's sovereignty have equality. on its implementation should Australia respects the Treaty with indonesia accompanied by consideration of the provisions of article 51 unclos. Second, what happened in Australia-East Timor-Indonesia does not reflect a country's sovereignty have equality. The territorial area for coastal States is the subject of a very important restriction that the absence of rights for other States. When reviewing the context of the implementation of this agreement, then East Timor, on the implementation of East Timor-Australia should respect the content of the Covenant of Indonesia and Australia of the year 1972.Keyword : Agreement-Sea Borders-Sovereignty
Pemberantasan Terhadap Penyalahguna Narkotika Yang Dilakukan Oleh Remaja Di Wilayah Hukum Kepolisian Resor Kampar Ginting, Bayudwi Putra; Firdaus, Firdaus; Ferawati, Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Abstract

Crime which is currently the most frequently encountered problem in people's lives is the problemof drug abuse and circulation. This condition is very worrying because the victims of drug abuse areteenagers where when children and adolescents are damaged by narcotics, their future is destroyed andendanger the nation's next generation. For this reason, the role of the Police is needed to eradicateadolescent drug abuse so that there will be no more abuse and circulation of narcotics in the jurisdiction ofthe Kampar Resort Police.This type of research can be classified as sociological, because in this study the author directlyconducts research on the location or place under study in order to provide a complete and clear picture ofthe problem under study. This research was conducted at the Kampar Resort Police, while the populationand samples were all parties related to the problems examined in this study, data sources used primarydata, secondary data, and tertiary data, data collection techniques in this study by observation, interviews ,questionnaire, and literature study.From the results of the study, it can be concluded that Sat Narcotics in Kampar District Police arealways consistent in terms of law enforcement both from Preventive and Refractive Measures. Second,Suggestions from the author First, Memorize and improve the performance of the Drug Investigation Unit,so that narcotics abusers can be eradicated. Second, legal counseling activities carried out by the NarcoticsInvestigation Unit with the District Narcotics Agency to be further improvedKeywords: Eradication - Teenagers - Abusers - Narcotics
Reformulasi Sanksi Tindak Pidana Perzinaan Dalam Pembaharuan Hukum Pidana Indonesia Syawitri, Dissa Mutiara; Deliana, Evi; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Article 248 of the Criminal Code has a very low sentence. Is an action that can be done by a man orwoman, one of whom is married and is a complaint offense that can only be complained of by the victim'shusband or wife. Most of the revisions to the adultery article were against the approved conviction and wereagainst the community. Article 284 imprisonment is only nine months imprisonment in article 484 the PenalCode draft is five years in prison. With a low sentence makes the perpetrators of criminal acts do not use adeterrent and this adultery article rarely appears while the impact of adultery can lead to crimes such asabortion, domestic violence, and the impact of hernia. The purpose of discussing this thesis, namely; First,To Understand Lawsuits in Indonesia. Second, to find out the renewal of criminal sanctions for adultery inthe renewal of Indonesian law.This type of research used in this legal research is normative juridical method, this research isdescriptive, which is a study that discusses the topics described and detailed. Source of data used secondarydata and tertiary legal materials. The technique of collecting data in this study is the literature reviewmethod after the data collected is then analyzed to draw conclusions.From the results of research and discussion it can be concluded that, First, the act of adultery hasreleased norms / values of decency and is in conflict with all religions in Indonesia. Second, let us discussthe follow-up of adultery which can be adjusted to the development of the community and their respectiveregions so that it does not occur due to criminalization.Keywords: Reformulation-Sanctions-Adultery-Criminal Law
PERLINDUNGAN HUKUM TERHADAP SOPIR JASA EKSPEDISI YANG BEKERJA PADA PERUSAHAAN CV(COMMANDITAIRE VENNOOTSCHAP) DI KOTA DUMAI Rahma, Waliyul; Deliana, Evi; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Legal protection of labor is undertaken to ensure harmonious employment withoutany pressure from other stronger party. In Act Number 13 of 2003 on Manpower,there is a normative guarantee of the rights of the wholesale workers but is notimplementation and difficult to implement which in the reality there are stilloffenses that occured while the law enforcement was unclear, the scope of workwhich the legal protections still unclear is to the driver of the expedition service in the city of Dumai. The problems in this study were formulated: (1) How is the legal form of the driver of the expedition service in the city of Dumai? (2) What is the inhibiting factor for legal protection for expedition service drivers in the city of Dumai?.This research was conducted through sociologis and empirical approach withprimary data, secondary data and tertiary data, which each data obtained fromlibrary research and field. Qualitative design was applied in this research toanalyse the data.Implementation of legislation that exists or runs is still far from what is expected, for this reason the supervision of the supervisor of the authorized agency is expected to work optimally so that protection for workers and is achieved according to its objectives.Keywords: Legal Protection, Employment, Expedition Services Driver, Company
Pelaksanaan perlindungan hukum terhadap anggota multi level marketing PT. Melia Sehat Sejahtera di Pekanbaru ditinjau dari Undang-Undang Nomor 8Tahun 1999 tentang Perlindungan Konsumen Randu Aditya Rahim; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Literally Multi Level Marketing is marketing carried out through many levels or levels, which are usually known as up line (top level) and down line (lower level). PT Melia Sehat Sejahtera is a multi-level marketing company engaged in the field of health, namely herbal medicine. There are 2 products, namely Melia Propolis and Melia Biyang, in its development there are many consumers who are also members of the PT Melia Sehat Sejahtera MLM network getting inappropriate results as explained by the distributors or Top Leader of PT. Melia Sehat Sejahtera. As for the purpose of this study is First, To find out the implementation of legal protection against members of multi-level marketing PT. Melia Sehat Sejahtera in Pekanbaru is reviewed from Law Number 8 of 1999 concerning Consumer Protection. Second, to find out the responsibilities of Multi Level Marketing Top Leaders at PT. Melia Sehat Sejahtera towards its Downline was reviewed from Law Number 8 of 1999 concerning Consumer Protection.This research is sociological legal research that is research that wants to see the unity between law and society with the gap between das sollen and das sein. This research was conducted in the area of Pekanbaru City precisely by PT. Melia Sehat Sejahtera, while the population and sample are all parties related to the problems examined in this study, the data sources used, primary data, and secondary data, data collection techniques in this study were conducted through interviews, literature review.The conclusions of this study are, First, the form of legal protection for members of PT. MSS Multi Level Marketing has not yet been realized, due to the lack of seriousness of the parties involved, whether from the MLM member PT. MSS, regulations related to business activities Multi Level Marketing is considered not able to provide protection for consumers of Multi Level Marketing. Second, Top Leader Responsibilities do not cover all responsibility for losses obtained by MLM members / members of PT. MSS, Top Leaders Only have moral responsibility as a leader of MLM networks. Because the responsibility for downlines that suffer losses is the responsibility of the business actor, namely PT. MSS as explained in Article 1367 of the Civil Code, Law Number 8 of 1999 concerning consumer protection and Article 2 Letter M of the Minister of Trade of the Republic of Indonesia / M-DAG / PER / 8/2008. The author's advice on the problems studied is First. In order to realize the implementation of the Multi Level Marketing consumer protection of PT. MSS, effective steps from the government, especially to BPSK, are needed to take firm action against Multi Level Marketing businesses that cause losses to the community. Both Governments pay more attention to consumer protection laws because of weak consumer protection. The main factor which is the weakness of consumers is the level of consumer awareness of their rights is still low. This is mainly due to low consumer education. Therefore, the Consumer Protection Act is intended to be a strong legal basis for the government and non-governmental consumer protection institutions to make efforts to empower consumers through guidance and consumer education.Keywords: Legal protection-Multi Level Marketing-Consumers-Top Leaders
PERLINDUNGAN HUKUM TERHADAP AHLI YANG MEMBERIKAN KETERANGAN DI PENGADILAN Dayu Dawana; Erdianto Effendi; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Protection is all efforts to fulfill rights and provide assistance to provide security to witnesses and / or victims that must be carried out by LPSK or other institutions in accordance with the provisions of Law No. 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection Witness and Victim. Legal protection as a description and function of law is the concept where the law can provide justice, order, certainty, usefulness and peace. One of the legal pieces of evidence in the criminal justice process is expert statements. The role of experts in the trial is to provide information in accordance with their expertise in order to make light of a case. However, what is happening right now is that there are efforts to prosecute experts who have provided information in the resolution of criminal cases. The problem raised in this study is how the legal protection of experts who provide information in court.The research conducted is normative legal research. Sources and types of data obtained from secondary data obtained from various library studies and legislation, books, literature relating to the problem of this research.In the research results there are two main problems that can be concluded. First, in providing preventive legal protection regulations made to protect experts to avoid threats when providing information, when examining criminal cases, experts feel safe, without pressure from any party, and experts are also free to provide information before law enforcement officials without any elements. coercion. Second, protection regarding expert statements in the future needs to be reaffirmed in the relevant laws and provide legal certainty for an expert providing information in criminal cases.Suggestions in this paper so that the legal protection of experts in the examination of criminal cases runs well relating to the rights obtained more expanded, protection must also be given without having an expert ask for protection and also provide legal certaintyKeywords: Legal, Protection, Experts, Courts
Analisis Hukum Pelaksanaan Perjanjian Kerjasama Pelayanan Administrasi Operasional Jasa Pemanduan Kapal Antara PD. Pelabuhan Dumai Bersemai (BUMD) dengan PT. Pelabuhan Tiga Bersaudara Yang Berakibat Wanprestasi Citra Rahmawati Lubis; Firdaus Firdaus; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Agreement on cooperation made between PD. Dumai Bersemai Port (BUMD) with PT. TigaBersaudara Port has fulfilled the legal requirements of an agreement as stipulated in Article 1320 of theCivil Code. But over time, this agreement has become null and void, because the second party is PD. DumaiBersemai Port canceled the agreement, and unilaterally decided the agreement, this happened because PT.Tiga Bersaudara Port on the implementation of the practice of cooperation agreements between PD. DumaiBersemai Port is seeded with PT. Tiga Bersaudara Port did not side with PT. Dumai Bersemai Port as thesecond party in this agreement, and PT. Tiga Bersaudara Port has defaulted by not paying a profit sharingfund of 7.5% to PD. Dumai Bersemai Port.The author sets the main problem as follows about whether the factors causing the default betweenPD. Dumai Bersemai Port (BUMD) with PT. The Tiga Bersaudara Port and what are the legalconsequences of not implementing a cooperation agreement between PD. Dumai Bersemai Port (BUMD)with PT. Tiga Bersaudara Port.This writing when viewed from the type of research is classified as sociological legal research andcan also be said as a field research that is reviewing the applicable legal provisions and what happens inreality in the community or in other words a study conducted on actual reality or real conditions occur inthe community with the intention to find out and find the facts and data needed collected then go to theidentification of problems which ultimately lead to problem solving. Whereas if viewed from its nature, thiswriting is descriptive analysis, which means that the research intended to provide a detailed, clear andsystematic description of the main research problems.From the results of research Factors that cause the occurrence of default between PD. DumaiBersemai Port (BUMD) with PT. Tiga Bersaudara Port because PT. Tiga Bersaudara Port does not share asharing fund of 7.5% of each revenue from ship scouting services carried out by PT. Tiga Bersaudara Port,so that PD. Dumai Bersemai Port carries out unilateral termination of the Cooperative Service CooperationAgreement on Ship Guiding Services Operations while the legal consequences of not implementingcooperation agreements between PD. Dumai Bersemai Port (BUMD) with PT. Tiga Bersaudara Port thatthere had been a unilateral termination of the contract by the Administrative Services CooperationAgreement of the Ship Guiding Service in the Special Terminal of PT. Sari Dumai Sejati, PT. Semen Padangand PT. Pacific Indopalm in Class 1 Dumai Compulsory Waters, the parties agreed to remind themselves ofa special bond contained in an agreement.
Analisis Yuridis Tindak Pidana Perzinaan Berdasarkan Pasal 284 Kitab Undang-Undang Hukum Pidana Dalam Perspektif Hukum Pidana Dan Hukum Pidana Islam Yudhistira Nugraha; Dessy Artina; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Pancasila as the basis, ideology, and philosophy of the nation consists of five precepts, the first andforemost precepts are the precepts of the One Godhead. the interpretation of Article 29 paragraph (1) of the1945 Constitution has six interpretations, three of which include the formation of law in Indonesia, everystatutory regulation in Indonesia must not conflict with Islamic law for Muslims including the inheritance ofthe Criminal Code (KUHP) The Netherlands contained in Article 284 of the Criminal Code concerningAdultery Crimes is contrary to the teachings of Islam. This study entitled "Juridical Analysis of AdulteryCrimes Based on Article 284 of the Criminal Code in the Perspective of Criminal Law and Islamic CriminalLaw. Having the formulation of the problem What is the crime of adultery in the perspective of CriminalLaw and Islamic Criminal Law, What are the weaknesses of the formulation of Article 284 of the PenalCode concerning criminal acts of adultery? Islamic Criminal Law and Pancasila.The method in this study is normative legal research or the literature includes research on legalprinciples, legal systematics, vertical and horizontal synchronization, legal comparison, and legal history.In this case, the researcher discusses the comparison of laws, the comparison aims to provide knowledgeabout the similarities and differences between various fields of legal governance and basic understanding.Have conclusions. First, the regulation of criminal acts of adultery in criminal law is clearly not inaccordance with the life of the community and the order of the scope of the law in the social life of thecommunity at this time, or in other words not in accordance with the values of the Pancasila. second, theweaknesses contained in Article 284 of the Criminal Code, the problem generally lies in imprisonmentsanctions that are so light that only 9 (nine) months imprisonment for the perpetrators of zina crime. Third,imprisonment sanctions and fine criminal sanctions in the 2018 Criminal Code Bill look so light. So thatwhat we know is the criminal sanctions fined in the 2018 Criminal Code Bill, is not enough to seizeindependence from criminal offenders.The author's suggestion, first, needs to be transformed Islamic legal values and values in Pancasila asessentially the State of Law, into the formulation of zina offenses and criminal sanctions in the framework ofconstructing thoughts on Article 284 concerning zina crime in renewing criminal law in the context ofcriminal law policy . Second, public awareness of the most important and main laws in dealing with zinacrimes, if not regulated in the Criminal Code, the public must know that criminal acts of adultery areregulated and strictly prohibited in Islamic law. Third, the State must immediately design and accelerate thesteps, in the drafting of the Laws and Regulations on the Criminal Code (KUHP Bill) which Indonesianpeople aspire to.Keywords : Crime - Adultery - Criminal Law - Islamic Criminal Law
SANKSI ADAT TERHADAP PERKAWINAN SESAMA ANAK TIRI DI NAGARI CANDUANG KOTO LAWEH KABUPATEN AGAM SUMATERA BARAT Ory Kartika; Zulfikar Jaya Kusuma; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Marriage is an inner bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family or household based on the Godhead. Not all marriages can be held even though the marriage has met the harmonious terms and conditions specified. Just as the marriage that took place in Nagari Canduang Koto Laweh is done by a fellow stepchild or stepbrother where the marriage is prohibited by the customs prevailing in Nagari Canduang Koto Laweh.Some of the issues that will be discussed in this thesis are: First, how the Minangkabau customary law regulates the marriage of stepchildren and the development of marital institutions. Second, how are the traditional sanctions on the marriage of fellow stepchildren in Nagari Canduang Koto Laweh, Agam Regency, West Sumatra. The type of research used is sociological research in the form of research on legal identification (unwritten law).Based on the results of this study it can be concluded that: First, the Minangkabau customary law which applies in the Canduang Koto Laweh village does not allow the marriage of fellow stepchildren because it has not happened before and is usually done by the people in Canduang nagari. Secondly, Niniak Mamak and the local community provide some sanctions to those who carry out the marriage because they have violated the prevailing customs.The advice that can be given is that in the future there will be no more traditional violations such as the marriage of fellow stepchildren or marriages made with stepbrothers in Nagari Canduang Koto Laweh so that the customs in Nagari Canduang remain upheld by the people in Nagari Canduang and sanctions are given explicitly to those who violate adat so that they are not imitated by other communities.Keywords: Customary Sanctions, Stepchild Marriage, Nagari Canduang Koto Laweh

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