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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
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IMPLIKASI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 46/PUU-VIII/2010 TERHADAP KEDUDUKAN ANAK LUAR KAWIN Indra Lesmana; Emilda Firdaus; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Decision of the Constitutional Court Number 46/PUU-VIII/2010 is considered to have an influenceon the position of children outside of marriage as a follow-up to the non-issuance of the GovernmentRegulation which regulates the position of children outside marriage as mandated by Article 43 paragraph(2) of Law Number 1 of 1974 Based on rational justice, the Constitutional Court then changed the sound ofArticle 43 of Law Number 1 of 1974 to "Children born out of wedlock have a civil relationship with theirmother and mother's family and with men as fathers who can be proven based on science and technologyand/or other evidence according to law that has blood relations, including civil relations with his father".This study aims to determine the implications of the Constitutional Court Decision Number 46/PUUVIII/2010 for the position of out-of-wedlock children, and the difference with the position of out-of-wedlockchildren prior to the Decision.This research is a normative legal research, because it is based on library research that takesexcerpts from reading books, literature, or supporting books that have relation to the problem to be studied,assisted with primary, secondary and tertiary data sources. This study uses qualitative data analysis andproduces descriptive data.From the results of the study, it was concluded that, First, before the Constitutional Court DecisionNumber 46/PUU-VIII/2010 out-of-wedlock children could have a civil relationship with their biologicalfather through child recognition (Articles 272-279 of Burgerlijk Wetboek) and child endorsement (Articles280-289 of Burgerlijk Wetboek). Second, the Constitutional Court Decision Number 46/PUU-VIII/2010 onlyapplies to connecting civil relations of children outside marriage whose marriages of both parents arehindered by the provisions of Article 2 paragraph (2) of Law No. 1 of 1974 concerning Marriage, while forextramarital chidren whose biological parents have never been married, Constitutional Court rulingNumber 46/PUU-VIII/2010 is used as a last alternative as long as voluntary recognition and/or ratificationcannot be carried out in order to hold the biological father responsible for the child outside or marriage.The author's suggestion is, First, that the Government immediately issues a Government Regulationgoverning the position of out-of-wedlock children as mandated by Article 43 paragraph (2) of Law No. 1 of1974 concerning Marriage. Secondly, so that Constitutional Court Decision Number 46 / PUU-VIII / 2010is not to be misinterpreted so that it will legalize adultery.Keywords: Constitutional Court Decision - Implications - Children Out of Wed
Peranan Advokat Dalam Menerapkan Mediasi Penal Sebagai Alternatif Penyelesaian Tindak Pidana (Studi Penerapan Mediasi Penal Oleh Advokat Lembaga Bantuan Hukum Tuah Negeri Nusantara Di Kota Pekanbaru) Nadya Khairunissa; Mexsasai Indra; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Penal mediation is an alternative solution to criminal cases outside the court. In the settlement of criminal cases if taking a line of reasoning, there is always a criminal conviction by the judge against the perpetrator, this is philosophically sometimes not satisfying all parties, therefore it is necessary to have a criminal case resolution through ADR (Alternative Dispute Resolution) with the intention can resolve conflicts that occur between perpetrators and victims.This research can be classified in sociological legal research, namely the effort to approach the problem under study with the nature of the law that is real or in accordance with the reality that lives in society. This research is seen from the nature of description, namely a study that illustrates clearly and in detail the review of the role of advocates in applying reason mediation as an alternative to criminal dispute resolution by limiting the discussion and analysis of two aspects, namely the role of advocates, and the legal consequences of the peace agreement from the results of the reasoning mediation.From the results of the problem research there are three main things that can be concluded. First, the Role of Advocates in Applying Penal Mediation to Completion of Criminal Cases Outside the Court is an advocate acting as a third party who is impartial and seeks to find solutions and provide solutions to the disputing parties but the solutions provided are not binding the parties to the dispute, the success of mediation remains dependent on the parties who want peace as a solution outside the court. Second, the legal strength of the peace agreement produced by the mediation of the process of handling criminal cases in the peace agreement produced by reasoning mediation will be legally enforceable for the parties (perpetrators and victims) based on the principle of pacta sunt servanda that the agreement is a law for the maker so obeyed. But the peace agreement is actually not binding on investigators or creates an obligation for investigators to stop the investigation. Even though an act of accountability is desired by the victim, the perpetrator can still be prosecuted until the judge is sentenced.The author's advice, First, should the Central Government and the Regional Government conduct legal development management on the importance of resolving legal issues through the reasoning mediation path. Second, a policy from the government is needed that supports penal mediation through legal institutions by harmonizing the criminal justice system. Third, conducting reasoning mediation needs to be supervised by an advocate organization so that penal mediation is truly implemented because of reasons for the benefit of the parties.Keywords: Role - Penal Mediation - LBH Tuah Negeri Nusantara
KEKUATAN ALAT BUKTI MESIN POLYGRAPH DALAM PERSIDANGAN PERKARA PIDANA DI INDONESIA Ruspian Ruspian; Evi Deliana; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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In a state of law, the function of law is not only as a means of social control or a means of maintaining stability . In criminal cases, proof has an important role in determining someone suspected of being guilty of committing a crime, the community involved in the judicial process. The proof system adopted by the Criminal Procedure Code (KUHAP) is a system of proof according to the law in a negative way ( Negatief wetelijk stelsel ). The negative verification system is strengthened by the principle of freedom of judicial power . Article 184 paragraph (1) of Law Number 8 of 1981 concerning the Criminal Procedure Code states that the evidence is valid one of them is evidence evidence. One of them is the use of a polygr A ph machine or a lie detector. Machine polygr a pH is one means of evidence in the investigation process that is currently used in the process of examination of evidence in Indonesia.The purpose of writing this thesis, namely; First, To menge tahui setting machine Polygraph as a means of proof in pembuk tian court cases criminal , secondly, to menge tahui Strength Tool Proof Machine Polygraph in Proof Trial Case Crime in Indonesia. The writing of this thesis uses a juridical normative approach method with research specifications by examining library materials or secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. With this method the authors analyze the problems based on legal principles, legal concepts and norms, the legal angle based on existing laws and regulations , and legal theories relating to facts relevant to legal issues.Based on the results of the study, it can be concluded that the results of the polygraph machine are legally used in criminal justice processes in Indonesia, the arrangements of which are listed in article 184 of the Criminal Code by adopting a negative proof system as evidence of instructions and supported by Law Number 19 of 2016, amendments to the Law Law Number 11 Year 2008 concerning Information and Electronic Transactions. supported by Order Number Pol: Sprin / 295 / II / 1993 concerning the Validation of the Indonesian National Police Organization, namely about the Police Forensic Laboratory . Authors' suggestion, There needs to be additional regulations so that the position of this evidence is clear. And in proving the judge must first look at the procedure for using this lie detector tool whether there is an element of physical pressure on the suspect or not because it will affect the results of the lie detector itself.Keywords: evidence evidence instructions - polygraph - proof
IMPLEMENTASI DIVERSI DALAM PERKARA ANAK YANG BERKONFLIK DENGAN HUKUM DI KEPOLISIAN RESOR TANJUNG PINANG BERDASARKAN UNDANG- UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK Indah Rahmasari; Emilda Firdaus; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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In Article 1 Sub-Article 1 of Law Number 35 Year 2014 concerning Child Protection states that a Child is a person not yet 18 (eighteen) years of age, including a child still in the womb. The child is a person who must be kept his rights including in settling the case of children in conflict with the law. In solving the child's case in conflict with the law is done by way of diversion. Diversi is the transfer of the settlement of a Child case from a criminal justice process to proceedings outside the criminal court. This diversity is set forth in Article 1 number 7 of Law Number 11 Year 2012 on the Criminal Justice System of Children. The objectives of this thesis research are: Firstly, to know the implementation of diversi in case of conflict conflict with law at Tanjung Pinang Police Station based on Law Number 11 Year 2012 on Child Criminal Justice System, Second, to know the obstacle for Police to implement diversion in Children in conflict with the law at Tanjung Pinang Police Station based on Law Number 11 Year 2012 on Child Criminal Justice System, Third, To find out the effort to overcome obstacles for the Police in the implementation of the diversion in the case of children in conflict with the law at Tanjung Pinang Provincial Police Based on Law Number 11 Year 2012 on the Criminal Justice System of the Child.This type of research can be categorized in the type of sociological research. Because in this study the authors directly conduct research on the location or place studied in order to provide a complete and clear picture of the problem under study. This research was conducted at Tanjung Pinang Resort Police, while the population and sample are all parties related to the problem studied in this research, the data source used is primary data, secondary data and tertiary data, data collection technique in this research with interview and study literature.From the results of research problems, there are 3 (three) points that can be inferred. Firstly, the implementation of the diversion at the Tanjung Pinang Police Force has been implemented, but it has not been working properly in accordance with Law Number 11 Year 2012 on the Criminal Justice System of the Child. Secondly, the obstacles faced by the Tanjung Pinang Police Force in implementing the diversi- sion in cases of children in conflict with the law, among others, the legal awareness of the community and the factors of law enforcement. Third, the efforts made by the Tanjung Pinang Police Force in facing obstacles to implementing diversion include socialization to the community and the addition of special investigator members of the child.Keywords: Implementation-Diversity-Children in Conflict with the Law
Tinjauan Hukum Terhadap Pinjam Pakai Nama Untuk Sertifikat Hak Milik Di Kota Pekanbaru Audesti Nindya; Firdaus Firdaus; Maryati Bachtiar
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Along with the development of the land age is not only used as a land of settlement and agriculture, but the land has an important role in the economic development of the community. Land is one of the fixed assets that has a very important function and role for humans. Land issues in the era of development are indeed increasingly complicated and potentially causing turmoil. The complicated issue also arises in one case in the Pekanbaru City District Court, the problem arises because the plaintiff borrowed the name of the defendant without making an agreement. The essence of the problem is on borrowing using the name, borrowing using the name does not exist in the civil law order specifically, whether material or formal. The purpose of the writing of this thesis is First, to find out how to give a certificate of land ownership in the city of Pekanbaru. Second, to find out how the legal status of the land title certificate is based on borrowing, using the name given by the Pekanbaru City Land Agency. From the results of the research problem there are two main things that can be concluded. First, the community must go through several stages to obtain ownership rights on the land, in several stages the researcher did not find out about the method or procedure for making a loan based on the name. Borrow using names for property rights certificates is carried out to acquire land above the maximum stipulations set by the government. Borrowing using names for property rights certificates is done to invest his property in the land in order to obtain multiple profits. Second, the legal status of the land which is certified based on the name and use of the loan is valid with the ownership of the land is the person whose name is on the certificate and so the responsibility for all legal actions against the land that is responsible is the person whose name is listed on the certificate not the person who borrow or use names.Keywords: Legal Review-Borrowing Using Ownership Rights
Tinjauan Yuridis tentang Pertanggungjawaban Rumah Sakit Terhadap Pasien Korban Malpraktik Menurut Undang-Undang Nomor 36 Tahun 2009 Tentang Kesehatan Qorina Khoirunisa; Evi Deliana; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Medical malpractice is negligence or inadequacy carried out by health personnel causing harm tothe patient either intentionally or unintentionally and can be accounted for. Indonesian health law does notyet have specific regulations regarding malpractice so that criminal liability in solving malpracticeproblems often becomes ambiguous. On the other hand, the Hospital as an institution with corporate legalstatus is in charge of providing facilities and health workers should also be responsible for negligencecaused by health workers who work in the hospital. So that the settlement of malpractice cases can be ashared responsibility between health workers and health care institutions. Legal certainty is needed todetermine more appropriate regulations so that they can be applied uniformly.Even though they do not have specific rules for dealing with malpractice, accountability can still betaken in criminal, civil and administrative law. The difficulty of proof from the side of the victim makes thesettlement of malpractice more often taken through civil law. Though most of the settlement of civilmalpractice often causes inequality and dissatisfaction for victims of malpractice patients. So that there isnot much that can be done by victims in dealing with these problems. And that is why the prosecution ofmalpractice cases is still very minimal.For administrative settlement, the Minister of Health formed MTKI (Indonesian Health Workers'Assembly) and MTKP (Provincial Health Workers' Assembly) which functioned as institutional supervisorsand health workers. One of the authorities of MTKI and MTKP is to issue a STR (Registration Certificate)and revoke it if the health worker or the institution concerned is proven to have committed a violation.Keywords: Accountability, Malpractice, Health Workers
PENYIDIKAN HUKUM TERHADAP TINDAK PIDANA PENYELUNDUPAN TELEPON SELULER DI WILAYAH HUKUM BEA DAN CUKAI KABUPATEN SIAK Risky Ramadhan; Evi Deliana; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Smuggling occurs in many Indonesian customs areas, one of them is the Siak Regency customsarea. The smuggling that took place in the Siak Regency was smuggling mobile phones. Because the customsarea of Siak Regency has many rat ports that are not known by the Siak Customs and Excise officers. Inconnection with the smuggling of cellular telephones, it has been explained in article 33 paragraph 1 of LawNumber 11 of 1995 Concerning excise that the Customs and Excise Official is authorized to take thenecessary actions on goods subject to excise. Regarding the cell phone smuggling case handled by Customsand Excise officials, it starts with the investigation process. The function of the investigation is to find outand determine what events actually happened and in charge of making the minutes and reports that will bethe basis for the beginning of the investigation.This research is a sociological juridical research that is a research conducted by holding legalidentification and how effective the implementation of the law applies in society. This research wasconducted at the Customs and Excise Office in Siak Sri Indrapura Regency. While the population andsample are parties related to the problem examined in this study, the source of the data used, primary data,secondary data, and tertiary data. Data collection techniques in this study were interviews and literaturereview.From the results of the research that the author did can be concluded, first the Legal InvestigationAgainst Cellular Phone Smuggling Acts has not been conducted in accordance with the applicableprovisions as regulated in the Criminal Procedure Code and Law Number 39 Year 2007 Concerning Excise,customs and excise officials have not found cellphone smugglers. this, so that the enforcement of cell phonesmuggling has not been fully erect. The Two Obstacles in Investigation of Cell Phone Smuggling in the SiakCustoms and Excise Legal Territory have two factors. Namely internal and external factors.Keywords: Legal Investigations - Criminal Actions - Smuggling
TANGGUNG JAWAB PEMILIK TEMPAT PENITIPAN ANAK TERHADAP TIDAK TERPENUHINYA STANDAR SARANA DAN PRASARANA MENURUT PERATURAN MENTERI PENDIDIKAN DAN KEBUDAYAAN NOMOR 137 TAHUN 2014 TENTANG STANDAR NASIONAL PENDIDIKAN ANAK USIA DINI (Studi Di Tempat Penitipan Anak Rumah Ananda Kota Pekanbaru) Desi Nurliana; Maryati Bachtiar; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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The growing number of parents working outside the home makes the family function as a place to educate the child less. Often, parents submit parenting and children's education to other people (institutions or institutions) that grow a lot of mushrown, especially in large cities such as the daycare places of Ananda Kota Pekanbaru.This type of research is sociological, because in this research the author directly conducts research on the location or place studied to provide a complete and clear picture of the problem studiedBased on the results of the research problem there are two points that can be concluded, first, the existence of the legal relationship between the owner of the nursery with parents is the relationship in carrying out the child care Agreement. The owner of the nursery and the parents here as the owners of rights and obligations where the objective is the achievement of services that must be given the owner to the child who deposited and the child/parent as the subject/perpetrator of activities and owners as Facilitator so that the parents can say as a service user and the owner of a nursery as a service provider. Secondly, the owner of the nursery does not carry out its responsibilities in fulfilling the facilities and infrastructure as well as in the administration process. The facilities and infrastructures that have not been fulfilled are not yet maintain good hygiene and lack of standard feasibility. The nursery owners of the Ananda House also do not have a standard operational procedure (SOP), and do not make an annual report. Author's suggestion, first, is expected to the daycare owner to foster awareness about the importance of knowing and fulfilling the standard of worthiness for a daycare for safety and comfort for children who be stored at. Second, it is expected to the relevant service to further improve the supervision of daycare that stands in Pekanbaru city such as increasing the performance of the viewer to more actively supervise and foster a nursery that does not comply with Standards of eligibility and provide strict sanctions for daycare that does not improve its facilities and infrastructure.Keywords: Responsibility - The daycare - Pekanbaru
Upaya Pencegahan Tindak Pidana Penadahan Telepon Seluler Batangan yang Berakibat Merugikan Konsumen oleh Kepolisian Resort Kota Pekanbaru Mhd. Indra Kurniawan; Erdianto Effendi; Evi Deliana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Enforcement of criminal offenses of cellphone (cellphone) results from theft in the jurisdiction ofthe Pekanbaru City Resort Police has not been carried out effectively, and there are still many circulation ofbar cellular phones (HP) that do not have letters or assistance relations every year and follow up is difficultto improve because it avoids public awareness.The obstacle that was followed up by Pekanbaru City Resort Police in carrying out lawenforcement on criminal acts of barring cell phone (theft) from the theft in the legal area of Pekanbaru CityPolice is the price of cellphone bars (Hp) which are relatively cheap, using a sufficient distance far, lowerlegal awareness of the community, better if updated or socialized with the community, and preferred by lawenforcement.Efforts to prevent cases of theft of cellphone (cellphone) from theft in the jurisdiction of thePekanbaru City Police Resort are to reduce the theft of bar cell phone (HP), bring legal complaints to thecommunity, and increase supervision and cooperation between regional police departments aboutimposition of bar cell phones (HP) resulting from theft.
SINERGITAS KEPOLISIAN DAERAH RIAU DENGAN BADAN NASIONAL PENANGGULANGAN TERORISME DALAM MENCEGAH DAN PENANGGULANGAN TINDAK PIDANA TERORISME Gunggy Aulia; Dessy Artina; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Terrorism is also an international crime that poses a danger to security,world peace, and detrimental to the welfare of the community, so that eradicationneeds to be done in a planned and sustainable manner so that the human rights ofmany people can be protected and upheld. Prevention and prevention of terrorismis not only done by the Police but also all agencies and institutions related toterrorism, so in connection with this there needs to be cooperation between theNational Counterterrorism Agency (hereinafter abbreviated BNPT) and thePolice where both have roles and functions each in the prevention and control ofterrorism.This type of research is a sociological juridical research that is researchconducted by carrying out legal identification and how the effectiveness of theimplementation of that law applies in society. While the population and sampleare the whole parties related to the problems examined in this study, the source ofthe data used, primary data, secondary data and tertiary data, data collectiontechniques in this study with interviews and literature studies.From the results of the research problem there are two main things thatcan be revealed. First The most important thing from the prevention anderadication of terrorism crime is the need for good synergy between the RiauRegional Police and the National Counterterrorism Agency, as law enforcementofficers can carry out their duties and authority in accordance with the rules theyhave. Second, there are 2 factors faced in upholding criminal acts of terrorism,namely internal and external factors, internal factors themselves include the lackof maximum cross-sectoral cooperation between the Riau Regional Police and theNational Counterterrorism Agency with all government agencies, communityleaders, traditional leaders, as well as religious leaders, the absence ofrepresentatives of the National Counterterrorism Agency in the regions thatmakes coordination and monitoring of terrorism networks not optimal.Keywords: Terrorism - Preventing and Countering - Criminal Acts of Terrorism