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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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ANALISIS YURIDIS PENGGUNAAN MATA UANG VIRTUAL (BITCOIN) SEBAGAI SARANA TINDAK PIDANA PENCUCIAN UANG (MONEY LAUNDERING) Parwoto, Adi; Deliana, Evi; 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

Rapid technological developments bring progress in almost all aspects of humanlife. In line with the development in this era of globalization, developed also economicactivities that occur in society. One means of payment that developed recently is virtualmoney. Virtual money then started to become a phenomenon in society since theemergence of crypto currency (Cryptocurrency) as a manifestation of technologicaldevelopments in e-commerce activities .. In Indonesia Bitcoin has also been growingvery rapidly, according to one of the exchanger (provider of exchange services, purchase, sending and receiving of Bitcoin) in Indonesia, namely PT.Bitcoin Indonesia through itsWeb page (indodax.com), during the period early 2015 to mid 2018,unfortunately, Along with the development of the virtual currency Bitcoin inIndonesia, there is no regulation governing the use and protection of the law against theBitcoin in Indonesia in eksplisitTidak any special arrangements to Bitcoin is certainly animpact on the users of Bitcoin itself, since Bitcoin itself is very vulnerable Cracking ofthe offenses, hacking and various cybercrime (cybercrime). EvenExecutive Director ofthe Communications Department of Bank Indonesia, Agusman as reported in a writtenstatement print media Tempo, Saturday, January 13, 2018 to give a statement that"Bitcoin prone to be used as a means of money laundering and financing of terrorism(Syberterorism), so it can affect the stability of the financial system and harm thepublic.In Indonesia Money Laundering set in Act No. 8 of 2010 on the Prevention andCombating of Money Laundering Act, but the Act Such Not Set in eksplisif to the use ofvirtual currency (Bitcoin) as a means of laundering money. Though filled fromTheemergence of cases using virtual currency (Bitcoin) as ingredients abroad makes thiscrime as a new threat that must be anticipated as early as possible. As well as theNumber of Users And Values Bitcoin transactions are increasing every year in Indonesia.In this case, need to be analyzed further forms of prevention and penindakanya.Keywords: Virtual Currency – Bitcoin - Crime - Money Laundering
HAK PENGUASAAN ATAS TANAH OLEH PEMILIK TANAH BERDASARKAN SURAT KETERANGAN RIWAYAT PEMILIK TANAH DI DESA TITI AKAR KECAMATAN RUPAT UTARA KABUPATEN BENGKALIS Irfan Hamdani; Firdaus Firdaus; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Land Tenure Rights are rights protected by law and generally give authority to the right holder to physically control the land he owns. Land Certificate or SKT is a certificate made by the Head of the Village/Lurah based on the minutes of the land inspection and statements of community leaders, then corroborated by the Camat which contains information about the proof of land rights that have not been registered, in connection with the land will be transferred or will be the application for rights is filed.The problem discussed in this study is, Why do landowners who have a Land Ownership Certificate in Titi Akar Village, Rupat Utara District, Bengkalis Regency cannot control their land. How the efforts of landowners who have a Land Ownership Certificate in Titi Akar Village, Rupat Utara District, Bengkalis Regency can control their land.This type of research can be classified as sociological, because in this study the authors directly conducted research at the location under study in order to provide a complete picture of the problem under study. This research was conducted in Titi Akar Village, North Rupat District, Bengkalis Regency.From the results of the study it can be concluded two things. First, why landowners who have a Land Ownership Certificate or SKT cannot control their land are factors such as land legal knowledge, the lack of understanding of the SKT owners regarding the legal strength of a Land Certificate or SKT as proof of land ownership and there is no socialization about registration and land certification. Furthermore, rights are not processed and guarded and controlled by other parties. Second, the efforts of the owners of the Land Ownership Certificate or SKT in Titi Akar Village to control their land are the Efforts of the SKT Owner through the Titi Akar Village Head and Efforts through the Court or Litigation.Keywords: Tenure - Land - SKT
PELAKSANAAN KUASA MENJUAL AGUNAN KREDIT PADA PT. BANK RAKYAT INDONESIA (PERSERO) TBK UNIT SUDIRMAN PEKANBARU Setiawan, Dede; Bachtiar, Maryati; Fitriani, Riska
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 power of sale that is made by the parties jointly is basically only in the form of formalitiesbecause, collateral for loans guaranteed to the Bank has been tied to mortgage rights by conducting anauction as a form of repayment of debt. The purpose of this thesis is: First, To find out the inclusion of thepower of selling clause in the credit agreement at PT. Bank Rakyat Indonesia (Persero) Tbk PekanbaruSudirman Unit is in accordance with applicable rules. Second, to find out what factors cause the power tosell credit collateral received by PT. Bank Rakyat Indonesia (Persero) Unit Sudirman Pekanbaru in thepractice of granting credit.This type of research is sociological juridical research which means reviewing the state of the problemin the field associated with applicable legal aspects and regulating the problem, while the nature of theresearch is descriptive, where descriptive research describes clearly and in detail the implementation ofcredit collateral at PT. . Bank Rakyat Indonesia (Persero) Tbk Sudirman Unit Pekanbaru.From the results of the study concluded, Inclusion of the power of selling clause on credit agreementsat PT. The Bank Rakyat Indonesia (Persero) Tbk Pekanbaru Sudirman Unit is that it has been carried outaccording to the provisions but still causes losses to the debtor even though the power selling clause is madeto provide benefits to the parties but this has not been felt by the debtor because the Bank has unilaterallydetermined the selling price from collateral goods in the process of selling collateral goods due to baddebtor customers' credit Even though in the power of attorney there is also the power to set prices by theauthorized recipient (creditor), but the power of attorney is not entitled to set a price so low that the powerof attorney, and Factor factors that cause the power to sell the credit collateral received by PT. Bank RakyatIndonesia (Persero) Unit Sudirman Pekanbaru in the practice of granting credit is minimizing auctions dueto bad credit, Avoiding auction taxes at 10% of the value of transactions, carrying out sales of assets againstbad credit that the income from the sale is immediately put into bank finances because the People's BankIndonesia and the power to sell it are very effective, easier, the cost is cheap and not complicated if theobject of collateral will be sold when the debtor defaults / defaults.Keywords : Power Implementation - Selling Collateral – Credit
KEBIJAKAN FORMULASI TERHADAP ANAK SEBAGAI RESIDIVIS DALAM PEMBAHARUAN SISTEM PERADILAN PIDANA ANAK DI INDONESIA Zufriandi, Dendy; Firdaus, Emilda; Elmayanti, Elmayanti
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

Crimes are not only committed by adults against children, but there are also crimes committed by children. The problem faced at this time is the number of juvenile delinquency cases with perpetrators are former convicted child convicts. The problem of repeated criminal acts (Recidivises) that occur against children in Indonesia is a complex problem and needs to be addressed immediately, so as not to cause unrest in the community. However, in the implementation of children as recidivists do not get clear arrangements in the juvenile justice system law.This type of research can be classified in 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 the statute approach carried out by examining the laws and regulations relating to the legal issues under study. In this study the authors conducted a study of legal principles by utilizing descriptive methods. Data collection techniques used in Normative Legal Research is a method of library research that uses the library as a means of collecting data, by studying books as reference material related to the problem to be examined.The conclusion that can be obtained from the results of the study is the Criminalization of children as a recidivist in the Child Criminal Justice System at this time there is still no regulation governing criminal sanctions against children who commit repetition of a crime (residive), both contained in the Criminal Code or in the Law Criminal Justice System for Children. The absence of basic considerations in the conviction of children both criminal incriminating and mitigating, especially against children as recidivists. The idea of criminalization of children as a recidivist in the renewal of the juvenile justice system in Indonesia is urgently needed in order to formulate a better Indonesian criminal law policy in the future. The idea expected by the author of efforts to cope with children as recidivists is one of them by prevention. Judges in this case must be able to provide a basis for consideration in convicting children both criminal incriminating or mitigating, especially against children as recidivists.Keywords: Policy Formulation, Children, Recidivist Reform, Child Criminal Justice System
PERTIMBANGAN PEMANGKU ADAT PETALANGAN DALAM PEMBATALAN HIBAH TANAH DI DESA SEGATI KECAMATAN LANGGAM KABUPATEN PELALAWAN Suarsanti, Devi; Ismi, Hayatul; 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

Land grants in customary land law are a free agreement on land granting. To prove land grants according to customary law that are still recognized, at the time of registration of rights to land grants systematically as proof of customary land rights. Land rights are not an agreement whose implementation must be fulfilled by submitting juridical rights to the party receiving the grant, but rather legal actions that cause the transfer of ownership rights to the land concerned to those who are given a grant. But in essence, a grant that has been granted cannot be withdrawn either in customary law or in the Civil Code. The purpose of this thesis is: First, to find out the consideration of the stakeholders of the traditional petalangan in the cancellation of the village land grant from Segati, the sub-district of Pelalawan District. Secondly, to find out the efforts made by indigenous people towards the cancellation of land grants carried out by the traditional petalangan stakeholders in the village, the sub-district of Pelalawan district. This type of research can be classified as sociological, sociological or empirical legal research consisting of identification of law (unwritten) and research on legal effectiveness. In this study the author directly 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 conducted in Segati Subdistrict Village, Pelalawan Regency, while the population and samples were all parties related to the problems examined in this study, data sources used primary data, secondary data, and tertiary data, data collection techniques in this study with observation, interview, and literature study. From the results of the study two things can be concluded. First, what is considered by the stakeholders in the cancellation of the land grant is; because the land is not used as it should / is not managed, the object of the grant that is in dispute, and is not approved by all indigenous stakeholders. Secondly, the efforts made by indigenous peoples towards the canceled land grant by conducting deliberations with traditional stakeholders as grant providers, and by resolving disputes with the PT. Nusa Wana Raya. Suggestion of the author First, based on the considerations made by the adat stakeholders in the cancellation of the land grant, in this case the customary petalangan institution must make a writtenJOM Fakultas Hukum Universitas Riau Volume VI Edisi 1 Januari- Juni 2019 2regulation related to the cancellation of the grant. Second, regarding the efforts made by indigenous peoples to the cancellation of the land grant, indigenous peoples also need to understand the importance of registering customary land with national law to the national land agency
PENEGAKAN HUKUM TERHADAP ORANG YANG MENYEDIAKAN TEMPAT PERJUDIAN BAGI PELAKU TINDAK PIDANA PERJUDIAN DI WILAYAH HUKUM RESOR SAMOSIR PROVINSI SUMATRA UTARA Sitio, Goltiar; Firdaus, Emilda; 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

Gambling is essentially an act that is challenged by the norms of religion, morality, morality and legal norms and endangers the lives of people, nations and countries. In society the act of playing gambling has been considered a habit that does not violate the law. It is quite alarming when people tend to take the gambling action. the cause of the community taking action in gambling is the availability of gambling places in the community, which has resulted in many people committing criminal acts of gambling, but the police as law enforcers only taking action against gambling players is not accompanied by law enforcement against people who provide gambling. Therefore law enforcement for people who provide gambling places for gambling offenders has not been implemented, which has resulted in an increase in the number of gambling cases in the community. 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 jurisdiction of the Samosir Resort Police, while the population and samples were all parties related to the problems examined in this study, as much data was used, primary data, secondary data and tertiary data, data collection techniques in this study were carried out through interview and literature review. From the results of the research conducted. First is preventive (repressive) and repressive (enforcement) law enforcement. The second obstacle faced by law enforcers against people who provide gambling sites is that the perpetrators of gambling hide information that involves providers of gambling, the public does not want to report, intervention from certain elements, lack of police infrastructure, information on raids that leak to the community, incomplete law enforcement in the Samosir region. Third is law enforcement efforts to eradicate gambling and gambling providers. By internally improving the quality of the Samosir Resort Police and taking efficient and effective actions in handling criminal acts, externally taking action against providers of gambling sites, often patrolling and forming Intel to monitor whether gambling has occurred in the community. Keywords: Law Enforcement - Crime - Gambling and Providing Gambling Sites
PERLINDUNGAN HUKUM TERHADAP KONSUMEN PT. PLN (PERSERO) PEKANBARU RAYON KOTA BARAT DALAM KASUS PEMUTUSAN LISTRIK Triani, Yeni; Ismi, Hayatul; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

PT. PLN (Persero) is a state-owned electricity company that has contributed a great deal in supplying electricity to the community, because most of the community's needs depend heavily on electricity. Then it cannot be denied that electricity is needed by society. Regulations whose material protects the interests of consumers and business actors, namely Law No. 30 of 2009 concerning Electricity. In Article 1 paragraph (10) of the Electricity Law, the relationship between electricity consumers and users of electricity services with the PT. PLN is the sale and purchase of electricity which is regulated in the Electricity Sale and Purchase Agreement (SPJBTL). But if observed in reality there are still consumers of PT. PLN (Persero) Area of Pekanbaru City that does not receive electricity services properly. Constraints that are still faced in the electricity sector that harm consumers include information on electricity outages of PT. PLN (Persero) Area of Pekanbaru City which is less known or understood by consumers. Power outages in the area of Pekanbaru City cause losses to consumers in the form of material and immaterial losses.This research is a field research that is direct research that the authors do intensively, in detail and deeply at PT. PLN (Persero) Area of Pekanbaru City. Data collection methods used in this study were observation, interviews with informants and questionnaires distributed to customers of PT. PLN (Persero) Area of Pekanbaru City. The legal effort that can be taken by consumers who feel disadvantaged is to choose to directly take legal action to the office of PT. PLN (Persero) Area of Pekanbaru City.Keywords: Consumer, Protection, Law, Electricity
TANGGUNG JAWAB PELAKU USAHA LAUNDRY TERHADAP KONSUMEN MENURUT HUKUM PERJANJIAN DI KOTA PEKANBARU Siska, Nia; Ismi, Hayatul; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Abstract

In this modern era, with human activity increasingly increasing, activities such aswashing clothes are no longer carried out alone. This has led to the emergence of servicebusinesses that are used as business actors to facilitate human work, one of which islaundry or laundry services. Laundry is a business that offers services in terms ofwashing clothes with special methods. From these activities, the emergence of how tocarry out the responsibilities of laundry entrepreneurs to consumers in Pekanbaru City.The formulation of the problem in this study is how the implementation of the rights andobligations of laundry businesses to consumers in Pekanbaru and what are the barriersto the implementation of the responsibilities of laundry businesses to consumers inPekanbaru.The purpose of this study is First, to be able to explain the rights and obligationsof laundry owners to consumers in the city of Pekanbaru. Second, to find out theobstacles in the implementation of the responsibility of the owner of the laundry toconsumers in the city of Pekanbaru. The type of research I use is a type of sociologicalresearch. The research location that is the object of this research is that laundry is inPekanbaru City. While the population and samples use laundry businesses but onlyregistered laundry and consumers are harmed. Primary data sources and secondarydata. Data collection techniques in this study were interviews and literature studies.From the results of the study there are several problems that give rise to twopoints. First, the question is how the form of the implementation of the rights andobligations of the laundry businessman to consumers in the city of Pekanbaru is becausethere are many implementations of losses that are still not done properly. Second, whatare the barriers to the implementation of the responsibilities of laundry businesses toconsumers in the city of Pekanbaru that still business people feel some obstacles to theimplementation of responsibilities caused by consumers themselves.Suggestions the author, first, for laundry businesses should know what their rightsand obligations are in managing their business. Second, the authors hope consumers willbe more critical, both during the pre-transaction period, during the consumer transactionperiod, and at the end of the consumer transaction. Third, the author hopes that thegovernment should increase efforts to socialize Law No. 8 of 1999 concerning ConsumerProtection to the public, especially consumers and business actors.Keywords: Responsibilities - Business Actors - Consumers - Laundry
REFORMULASI TERHADAP PENGATURAN UJARAN KEBENCIAN (HATE SPEECH) MELALUI MEDIA SOSIAL DI INDONESIA suci jolanda; Evi Deliana; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

The development of information and communication technology is now increasingly sophisticated with the emergence of various kinds of social media. Many users of social media abuse by spreading false news bringing down others and even spreading hate speech that can harm a group. The rise of hate speech (hate speech) is increasingly gaining attention from the public and law enforcement officials. Hate speech can encourage incitement, discrimination, violence, and even national divisions. The Electronic Information and Transaction Law (ITE Law) is a law that regulates hate speech on social media. In these laws the object of a criminal offense needs attention, because information intended to incite hatred is very biased in interpretationThis type of research can be classified into types of researchers Normative research or what is known as "legal research". This normative research uses the type of legal systematic research that can be carried out on certain laws or written laws. In legal research conducted by examining library materials or secondary data. The purpose of the group is to carry out identification of the basic orbasic notions in law.From the results of the research problem there are two main things that can be concluded. First, the definition of hate speech requires identification of elements of a criminal offense. Hate speech is all actions and direct or indirect attempts to incite a person or more spread hatred based on ethnicity, religion, race and between groups carried out on various social media. Secondly, in order to be able to explain specifically the meaning between groups because in principle the formulation of criminal law must be certain and strict so that it cannot be interpreted widely. The author's advice is the need for socialization or outreach to the community so that they can wisely use social media.Keywords: Hate Speech- Arrangement – Reformulation
KRIMINALISASI KUMPUL KEBO (SAMEN LEVEN) MENURUT RANCANGAN KITAB UNDANG-UNDANG HUKUM PIDANA Irwansyah '; Erdianto '; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Cohabiting (samen leven), which is a real phenomenon in the life of society, Deeds lived together between men and women without bound by a rope legitimate marriage becomes an ordinary thing to do in the community, the presumptions among these was a part of modern life. Those who have done cohabiting occur due to funding constraints, not mendafatkan blessing of the parents or to the satisfaction of baitiniah alone. However, cohabiting seen most of Indonesian people as a disgraceful act and included a crime against decency. But in the Code of Criminal Penal Code in force today, coming from Wetboek Van Strafrechtvoor Netherlands Indies (WvS) days of the Dutch East Indies, cohabiting is not expressed as acts that can be punished. But cohabiting by most of the majority of customary law is alive and thriving in Indonesia is regarded as a crime of morality, therefore designers laws incorporate customary law (gewoonrecht) into the draft Criminal Code contained in article 485 stating that everyone who performs live together as husband and wife outside a valid marriage, shall be punished by a maximum imprisonment of 1 (one) year or a fine of category II, in respect of dimasukanya cohabiting into the Criminal Code draft, it appears some opinions that the pros and cons and that would lead to horizontal conflict. The purpose of this thesis, namely: first, the underlying reasons criminalizing cohabitation as an offense in the draft Book of Law Criminal Law, second, setting cohabiting acts as an offense under applicable positive law in Indonesia. This type of research can be classified into types of research Normative that this study in terms of the Normative were reviewing legislation prundang law, in this study, the data source is in use, the primary data, secondary data, the data tertiary data collection techniques in this study to examine legislation OF, draft legislation and studies into the library. From the research there are two main things that can be inferred setting cohabiting in the Draft Penal Code Book as one form of criminalization based on a variety of reasons, among other reasons derived from socio philosophical foundation of the socio-cultural and national legal systems derived from results of studies and excavations national values derived from Pancasila and values in society (religious values and cultural values (traditional)); violating the values of decency (national agreement) contained in Pancasila containing values based on the nationality berkehidupan Almighty God (religious moral values); and the reason comes from foundation research and comparative studies bahwasannya cohabiting has been set and be made a criminal offense in the Criminal Code foreign countries. The foundation provides a variety of conclusions that lead to the need for the criminalization of cohabiting into a positive law. Keywords: Sanctions - Bill - Cohabiting

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