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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
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Articles 2,579 Documents
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Peran Pusat Pelaporan dan Analisis Transaksi Keuangan Dalam Mencegah Tindak Pidana Pencucian Uang di Lembaga Keuangan Hayatun Nufus; Evi Deliana; Davit Rahmadan
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

Today there are many modes or methods used in financial institutions to commit money laundering crimes, if this abuse continues it can harm the country's economy and perpetrators will continue to develop especially in using financial institutions to conduct money laundering. To realize a sound and stable financial system because of the importance of the role of the Financial Transaction Reports and Analysis Center (PPATK), which is an independent institution established in order to prevent and eradicate money laundering in accordance with Article 38 of Law No. 8 of 2010 Regulations concerning Eradication and Prevention of Money Laundering Crimes. The purpose of writing this essay is; First, to find out the role of the Financial Transaction Reports and Analysis Center (PPATK) in preventing money laundering in financial institutions; Second, to find out the countermeasures made by the Financial Transaction Reports and Analysis Center (PPATK) in preventing money laundering in financial institutions. The type of legal research used by the author is a type of normative legal research or library legal research. Normative legal research or library legal research.From the results of the study, there are two main things that can be concluded. First, the role of PPATK in preventing money laundering in financial institutions has been regulated in legislation such as Law No. 8 of 2010 concerning Prevention and Eradication of Money Laundering, Presidential Regulation and PPATK Head Regulation, where the role is in the implementation Procedures for Reporting Cash Financial Transactions, Suspicious Financial Transactions, Fund Transactions from Inside to Foreign Funds. There is a Temporary Termination and Postponement of Transactions, Integrated Service Provider Information System and Application of Principles of Knowing Service Users. Second, the countermeasures undertaken by the PPATK in preventing money laundering in financial institutions include efforts to maintain financial system stability, namely MER cooperation, PPATK Projections for the end of 2018 and its Final PPATK Reflections in 2018 by launching the Public Perception Index on Anti-Money Laundering and Eradication of Terrorism Funding, up to the receipt of financial transaction reports from Providers of Financial Services, and in efforts to overcome the collaboration between law enforcement and the Government.
ANALISIS HUKUM YURISDIKSI MAHKAMAH PIDANA INTERNASIONAL DALAM PENYELESAIAN KASUS KEJAHATAN GENOSIDA DI MYANMAR MENURUT STATUTA ROMA Adawiyah, Arraudatul; Deliana, Evi; 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

Jurisdiction is the authority possessed by the court in acting based on applicable provisionsregarding duties, functions, and objectives. The International Criminal Court has four types ofjurisdiction, namely: personal jurisdiction, criminal jurisdiction, Temporal jurisdiction, Territorialjurisdiction. as stated in the Rome Statute. Crime of genocide is one of the crimes contained in criminaljurisdiction and after this study that the events and problems that occur or experienced by RohingyaMuslims in Myanmar are crimes of genocide the elements of crime of genocide have been fulfilled. Themechanism in the Rome statute that can be taken to resolve cases of genocide crimes in Myanmar is thatthe jurisdiction of the International Criminal Court is applied at the initiative of the UN Security Councilagainst non-Parties to the Rome Statute 1998, based on Article 13 (b) of the Rome Statute 1998, keepingin mind the specified assignment in Part VII (Chapter VII) of the Charter of the United Nations (UNCharter) as the guardian of security and peace in personal, temporal and criminal jurisdiction held bythe international criminal court.The writing of this thesis uses normative legal research methods with library research, namelyby examining library materials or secondary data in the form of primary legal materials, namely relatedregulations, secondary legal materials, namely related documents and tertiary law. which is anindication of primary and secondary legal material. Secondary data that has been compiled is thenanalyzed using qualitative methods to obtain conclusions. From the results of research on the problem ofthe Jurisdiction of the International Criminal Court in solving cases of genocide crimes in Myanmaraccording to the Rome Statute.Which is an obstacle to the international criminal court in solvinggenocide crimes that occur in Myanmar, because there is one jurisdiction Court that is not fulfilled isterritorial jurisdiction. The Myanmar state is not a member of the Rome statute, does not ratify the Romestatute, nor does it make a declaration on the Rome statute. This is the reason for the lack of certaintyand legal justice obtained by Rohingya Muslims in Myanmar.Keywords: Jurisdiction, International Criminal Court, Genocide, Myanmar.
PELINDUNGAN PETUGAS MEDIS DAN KEMANUSIAAN DALAM KONFLIK BERSENJATA BERDASARKAN GENEVA CONVENTION FOR THE AMELIORATION OF THE CONDITION OF THE WOUNDED AND SICK IN ARMED FORCES IN THE FIELD OF 12 AUGUST 1949 (KONVENSI JENEWA I TAHUN 1949) Dwianto, Aditiya Rizki; Deliana, Evi; 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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Abstract

Definitively, war / armed conflict is the highest condition of a form of conflict between people. As a result of armed conflict in several studies mention that in humans there is an instinct to injure or attack, so it takes the limitations and regulations regarding the laws of war or what is known today is humanitarian law. the main purpose of humanitarian law is to provide protection to those who suffer / become victims of war, both those who are actually / actively participating in hostilities (combatants) or not participating in hostilities (civilians / non-combatants), including medical officers and volunteers humanity. In fact, the protection of medical personnel and humanitarian volunteers in an armed conflict or war is very difficult to guarantee and implement in an ideal and consistent manner in accordance with the provisions of the law. Whereas medical workers and humanitarian volunteers should have guaranteed protection.This research uses the typology of normative legal research, which more specifically discusses the principles of law. In this study the authors use the nature of descriptive research, because the authors describe the protection under the Geneva Convention of the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August 1949 (Geneva Convention I of 1949) in protecting Medical Officers during Conflict Armed. The results of the research conducted by the author are, firstly the position as medical and humanitarian officers in armed conflict is included in non-combatants. The position of medical and humanitarian officers has been protected by the Geneva Conventions. Geneva law protects medical personnel and humanitarian volunteers in all circumstances, but in return, they must also be neutral. Second, the form of protection for medical officers and humanitarian volunteers is something that is considered a general rule in war. Third, based on the National Mechanism According to the Geneva Conventions of 1949 and the Additional Protocol of 1977, namely the enforcement of Humanitarian Law which is implemented based on a national judicial process. That is, if there is a case of violation of humanitarian law, the perpetrator will be prosecuted and punished based on national legislation and by using the relevant national justice mechanism. Based on the International Criminal Court, which can only be implemented if it turns out a country is unwilling and unable (Unwilling and Unable) to prosecute crimes that fall within the scope of the competence of the International Criminal Court.Keywords: Protection - Medical Officers - Humanitarian Volunteers – Armed Conflict - Geneva Convention.
PENYELESAIAN TINDAK PIDANA PENGANIAYAAN MELALUI MEDIASI PENAL BERDASARKAN HUKUM ADAT MELAYU DI DESA KUNTU KECAMATAN KAMPAR KIRI KABUPATEN KAMPAR RINANDA, RIFAN; Artina, Dessy; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Penal mediation is known in the criminal justice system in Indonesia due to the thought associated with the ideas of reforming criminal law (penal reform), and is associated with the problem of pragmatism or legal rigidity in answering the problems that exist in society. The background of pragmatism is to reduce the stagnation or accumulation of cases. The reasoning mediation is the restorative justice process in criminal law which is carried out by mediating between the perpetrator and the victim with a purpose. In the perspective of legal sociology and culture-oriented, people in Indonesia in general, especially in Gorontalo District have a conflict resolution mechanism based on customs which always puts forward problem solving together with the aim to improve or harmonize with the way of the conference that is to bring the perpetrators and victims together. family of both parties and community leaders.This type of research can be classified in the type of sociological legal research (empirical), because in this study the author immediately conducts research on the location or place under study in order to provide a complete and clear picture of the problem under study. This research was carried out in the Riau Regional Police jurisdiction, while the population and samples were the Riau Regional Police, Investigators of the Riau Regional Police and Actors of Narcotics. The data sources used are primary data, and secondary data. Data collection techniques in this study were interviews, questionnaires, and literature review.The conclusions that can be obtained from the results of the study are: First, an active representative from Babinkamtibmas is needed to create safe conditions and provide understanding to the public about the needs of safe conditions. Secondly, in order that legislators must also look at the laws that live within the community so that they do not overlap at the level of implementation Third, important factors and constraints namely that legislators must also socialize programs and laws for the community.Keywords: Penal Mediation, Melayu Customary Law, Criminal Acts of Abuse.
PENETAPAN HARGAGABAH OLEH TENGKULAK TERHADAP PARA PETANI DI DESA SUNGAI TENGAH KECAMATAN SABAK AUH KABUPATEN SIAK DITINJAU DARI UNDANG-UNDANG NOMOR 5 TAHUN 1999 TENTANG LARANGAN PRAKTEK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT Markus Van Branco Harianja; Maryati Bachtiar; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Abstract

In Indonesia, anti-monopoly law is regulated in Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition. This law is a special and comprehensive arrangement relating to competition between business actors. One of the prohibitions contained in Law Number 5 of 1999 is the prohibition on pricing. Pricing that is prohibited in the law is price fixing that comes from agreements between business actors in setting prices. In the practice of grain buying and selling, middlemen often buy rice from farmers more expensive than the reference price set by the government, causing fraud and leading to monopolistic practices. Where the standard price set by the middleman is higher than the standard price set by the National Logistics Agency. This is what causes grain production especially in the Sungai Tengah Village area to be fully controlled by middlemen in the area. In the practice of buying and selling grain by middlemen and farmers, it is very contrary to Minister of Trade Regulation No. 27 / M-DAG / Per / 5/2017. The purpose of this thesis is: First, to find out the form of monopoly and unfair business competition on grain buying and selling in Sungai Tengah Village, Sabak Auh District, Siak Regency, Second, to find out how far the price of grain by middlemen is able to increase food productivity in Siak Regency.This type of research can be classified in the type of sosiological juridical research. The research was conducted at Sungai Tengah Village, Sabak Auh District, Siak Regency. Sosiological law research uses primary data and secondary data, while population and sample are the parties related to the problem studied in this research. Technique of collecting data in this research by interview and literature study.From the results of research problems there are two main things that can be concluded. First, business actors (middlemen) in Sungai Tengah Village have violated the Republic of Indonesia Minister of Trade Regulation Number 27 / M-DAG / PER / 5/2017 concerning Reference Price for Purchasing in Farmers and Reference Sales Price at Consumers by increasing the standard of grain purchase in farmers above standard government reference price. Second, the food needs of rice farmers in Sungai Tengah Village can be fulfilled from local production in the village at harvest time, but for Siak Regency rice yields from Sungai Tengah Village cannot meet the food needs in Siak Regency considering that almost all grain production is controlled by middlemen.Key Words: Price Fixing – Grain – Monopoly – Middleman – The Farmer
ANALISIS YURIDIS TERHADAP PENYALAHGUNAAN APLIKASI MEDIA KOMUNIKASI YANG MENGAKIBATKAN TERJADINYA TINDAK PIDANA PORNOGRAFI Fajri, Muhammad; Artina, Dessy; Erdiansyah, Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Globalization has been the driver of the birth of the era of information technology development. Therise of deviant behavior among children and adolescents of this country is a concern, among adolescents,for example the phenomenon of pre-marital sexual relations which negates the noble marriage institution,its development has been rapid lately. Criminals see the characteristics of the internet as an opportunity ormeans for them to carry out evil intentions through various actions better known as Cybercrimes. Theenactment of the Electronic Information and Transaction Law or abbreviated as ITE in the cyber world,even though it has been regulated, but it is still difficult to enforce. The object of pornography according tothe Pornography Law) is wider than the object of pornography according to the Criminal Code (Book ofCriminal Law. The Criminal Code (Penal Code) states three, namely writing, drawing, and objects.Pornography containing the contents of the sexual abuse must be formed in a form, for example in the formof images, sketches, illustrations, photos, writings, sounds, sounds, moving images, animations, cartoons,poems, conversations. In this form, there is an obscene content, after the revision of Law Number 11 Year2008 into Law Number 19 Year 2016 concerning Information and Electronic Transactions containingArticle 45 Paragraph 1. And furthermore concerning Law Number 44 Year 2008 Article 4 Paragraph 1Junto (JO) Article 27 concerning Pornography contains Article 4 Paragraph 1. This research is entitled"Juridical Analysis of the Misuse of Communication Media Applications That Result in the occurrence ofPornographic Crimes. Have formulation of the problem What are the legal consequences of the misuse ofcommunication media applications that result in the occurrence of pornography crimes, What is the legalregulation in preventing the misuse of communication media applications that result in pornography crime.In this study using normative research techniques. So the research technique used in data collectionthrough this method requires an active role for the researcher to read the literature in the literature that hasa correlation with the problems being studied. In the study of the literature that the researchers did to obtainsecondary data was done by exploring written sources, including from related literature books that hadrelevance to research problems that were used as complementary and supporting primary data.The author's suggestion, First, there needs to be legislation that regulates clearly and completelyregarding the provision of pornographic restrictions. Second, limiting access to pornography incommunication media so that it does not become a problem that can lead to criminal acts. Third, improvethe national computer network security system according to international standards. Fourth, educating thelaw related to law enforcement so that it can minimize legal consequences in the future.Keywords: Pornography - Cybercrime - ITE - Media Communication
PERLINDUNGAN HUKUM BAGI KONSUMEN BERKAITAN DENGAN PENERAPAN TIMBANGAN PADA BERAS ECERAN DI KOTA DUMAI Cristina, Mawar; Bachtiar, Maryati; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Cales are the most common type of measuring instrument in trading andbuying and selling. In buying and selling transaction activities, scales are used asbenchmarks to ensure the accuracy of the content and weight of the goods beingtraded. There is often a loss experienced by consumers in trade transactions thatis not in accordance with the application of retail rice scales purchased byconsumers from traders.The problems and objectives to be discussed in this paper are to find out thelegal protection for consumers related to the application of scales on retail rice inthe city of Dumai and to find out the form of responsibility of business actors toconsumers who suffer losses due to fraudulent practices of misuse of scales onretail sale in Dumai City. The location of the study was carried out at the existingshop at the Dumai Timur sub-district, Kapur Hill, South Dumai. This type ofresearch is sociological juridical research, while the nature is descriptive. Thedata sources in this study were obtained through primary and secondary data.Data collection techniques carried out in this paper use interviews,questionnaires and library studies. the data analysis techniques the author didwith qualitative analysis.After being described and discussed in this thesis, it can be concluded thatlegal protection for consumers relating to the application of scales on retail ricein Dumai City for correct and honest information regarding the weighing of riceby traders for consumers has not fully improved, because there are still tradersstill cheating on weighing goods in the community / consumer environment. Basedon Article 19 of Law Number 8 of 1999 concerning Consumer Protection, shopmerchants who use scales are responsible for providing compensation orcompensation for the loss of consu.mers buying retail rice. but in fact, there is stillfraud in the retail rice weighing carried out by traders in the community. but theydo not carry out their responsibilities properly.Keywords: Scales - Traders - consumers - stalls
PENGATURAN TINDAK PIDANA PERSETUBUHAN TERHADAP HEWAN DALAM HUKUM PIDANA INDONESIA Abdurrahman, Abdurrahman; Firdaus, Emilda; Erdiansyah, Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Bestiality, which can also be called zoophilia, is the involvement of contact and sexual activitybetween humans and animals. Of course it is clear that this action is not in accordance with the norms in thecommunity. The case of Sutarya's grandfather in Bali, the case of a young man with a GA in Bali, the case ofa young man with the initials AS in Tasikmalaya, and the case of Hendro in Bone Sulawesi as evidence thatthis heinous act occurred. Not regulating bestiality in Indonesian law, makes it unclear about lawenforcement officials in enforcing the law. So that the sanctions given to the perpetrators who were foundproven, in Bali, were given traditional sanctions and carried out traditional ceremonies to clean the souls ofthe perpetrators, the village, and also the animals that became objects. This act does not only violate theprevailing norms in the community, but also economic losses experienced by animal owners. including acase of bestiality in Tasikmalaya which resulted in 300 chickens dead. Cows belonging to a resident in Baliwho were the object of Sutarya's grandfather also had to be drowned in accordance with the localtraditional ceremony. Legal certainty is needed to determine more appropriate regulations to be applieduniformly.The purpose of this study is to determine the arrangement of criminal acts of sexual intercourse withanimals in Indonesia. Especially criminal law as ultimum remedium. And to find out the impending criminallaw policy regarding sexual intercourse with animals in Indonesia. There are five principles of animalwelfare based on legislation and need to be considered by humans as animal owners: free from hunger,thirst, pain, discomfort, fear, feeling depressed, pain, injury, illness, and free to express patterns of behaviornormal. In addition, animals must be protected from physical and psychological abuse.Arrangement of criminal acts of intercourse with animals in Indonesia has not been regulated inwriting in the laws and regulations. In the Indonesian Penal Code the law is not regulated concretely.Especially in Article 302 relating to animal abuse. in Article 66 of Law Number 18 of 2009 concerningAnimal Husbandry and Animal Health which protects animals from abuse and abuse is not accompanied bycriminal sanctions. As well as in the amendment law also does not mention the prohibition of criminal actsof intercourse with animals. Government Regulation Number 95 of 2012 concerning the Health ofVeterinary Communities and Animal Welfare also does not regulate bestiality. As well as criminal lawpolicy that is carried out by the method of evolutionary approach that is by amending and inserting newrules in an article relating to violence against animals. letter c Article 501 of RUU KUHP.Keywords: Arrangements, - Bestiality, - Animals, - Criminal Law Policies.
Analisis Hukum Terhadap Putusan Hakim Pengadilan Tinggi Sumatera Barat Nomor 8/PID/2018/PT.PDG Dikaitkan dengan Tujuan Pemidanaan Arfendi, Jefri; Firdaus, Emilda; Erdiansyah, Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Judges who decide to consider, seek justice come to ask for justice, if they do not find a written law, they must collect unwritten laws to decide based on the law as those who argue and are responsible. In decision number 8/PID/2018/PT.PDG the panel of judges handed down the verdict that the defendant was placed under house arrest. With the verdict of the panel of judges who sentenced the defendant to prison, the purpose of a conviction was not fulfilled.This type of research can be classified in the type of normative legal research, an attempt to find whether the applied law is suitable for solving a particular case or problem, where the sound of the rules is found. Based on the nature of this legal research, it is descriptive in nature, namely reviewing the subject matter in accordance with the scope and identification of the problem through a law approach carried out by examining the laws and regulations relating to the legal issues being studied.From the results of research and discussion it can be concluded that, First, the Judge's Consideration in Imposing Criminal Sanctions Against Frauders in Decision Number 8/PID/2018/PT.PDG is the defendant fulfilling the elements of criminal acts as regulated in Article 378 of the Criminal Code. Reasons that incriminate the criminal: while carrying out their actions the Defendant is still a civil servant in the Padang High Prosecutor's Office and the Defendant's actions have dishonored the Attorney's institution as a law enforcement institution. As well as circumstances that alleviate criminality: The defendant still has children who are still breastfeeding. Second, the legal analysis of verdict number 8/PID/2018/PT.PDG is starting from the indictment which mixes a series of acts between fraud and embezzlement, not the maximum demands given by the public prosecutor, then the judge in determining the crime as if too much guided by the demands of the public prosecutor, without regard to the facts of the trial which incriminated many defendants.Keywords: Decision - Judge Considerations - Criminal Purpose.
PERLINDUNGAN HUKUM ANAK BUAH KAPAL INDONESIA PADA KAPAL PERIKANAN TAIWAN SAFITRI, GUSRIKA; Deliana, Evi; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Opportunities for migrant workers in the field of fisheries, especially boat crews on foreign fishing vessels. Estimating that there are 36 million people involved in fishing and aquaculture activities and 15 million of them are involved in fishing. Activities in the territorial sea are basically subject to coastal state jurisdiction, while in the high seas are subject to international law. With the aim of supporting economic development and increasing national welfare, the Indonesian state has bilateral relations with Taiwan. But in the Indonesian political order it did not establish diplomatic relations with Taiwan based on the politics of One china Policy. Although it does not have diplomatic and consular relations, Indonesia's interests in Taiwan, especially economic and trade interests, are carried out by the Indonesian Economic and Trade Office. As a country subject to international law, when Indonesian citizens come to Taiwan, Taiwan must treat Indonesian citizens as well as treat their own citizens, in accordance with the standard national treatment principle. In fact, there are still many Indonesian citizens who get into trouble in Taiwan, especially Indonesian Ship Fruits working on Taiwan's Fishing Vessels, which have been explored. This problem is caused by the absence of regulations specifically regulating international standard ship crews. The destination country must balance the needs of migrant workers based on the views and needs of the country, while the sending country needs to regulate shipping policies so that the rights of migrant workers can be protected. Ship crew rights: rights to wages, rights to shelter and food, rights to care during illness / accident, rights to leave, right to transport to be repatriated. The authors suggest integrating the guidelines for the protection and safety of migrant workers from various agencies such as the ILO, IMO, and FAO and incorporating these guidelines into the national policies of each country. Indonesia pays more attention to deviations in the suitability of prospective migrant workers on foreign fishing vessels, especially Taiwan. Keywords: Legal Protection - Indonesian Vessels - Taiwan Fishing Vessels

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