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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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PENGGUNAAN SARANA NONPENAL DALAM UPAYA PENCEGAHAN PEREDARAN NARKOBA MELALUI PERAIRAN KOTA TANJUNGPINANG Gilang Nugraha R; Mexsasai Indra; 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

In the criminal justice system, punishment is not an end in itself and is not the only way to achievecriminal objectives or the purpose of the criminal justice system. The goal to be achieved with a punishmentis to improve the person and the criminal himself and to make people deterred. Judging from the economicalaspect of imprisonment, prison is not really efficient, it should not be applied. So if the penal law criminalpolicy has not been able to provide a deterrent effect for the perpetrators of criminal acts of circulatingnarcotics, it is necessary to apply non-criminal measures.This study is a sociological or empirical research, namely the type of research that usescommunity assumptions in looking for facts that occur in the field to answer an existing problem. Thisresearch was conducted in the jurisdiction of the Riau Prosecutor's Office. While the population and sampleare parties related to the problems examined in this study, the data sources used, primary data, secondarydata, and tertiary data. The technique of collecting data in this study was through interviews and literaturereview.From the results of the study, the authors can conclude, first, the use of nonpenal facilities inefforts to prevent drug trafficking in the Tanjungpinang waters law area is not effective due to the inhibitingfactors in carrying out their duties, especially facilities in the sea or waters so that law enforcement is notoptimal. The obstacles faced by the Bintan Resort Police in the prevention of drug trafficking usingnonpenal facilities are due to their strategic location, the number of rat ports, the vast area of the watersand the lack of personnel from the Bintan Resort Police in carrying out their duties and infrastructure. Theefforts made by the Bintan Resort Police in overcoming barriers to preventing drug trafficking are tocoordinate with Satpolair which has facilities and infrastructure in sea or water lanes.Keywords: Nonpenal Facilities - Circulation of Drugs
TANGGUNG JAWAB DEBITUR ATAS PENGALIHAN OBJEK PEMBIAYAAN SECARA SEPIHAK PADA PT BATAVIA PROSPERINDO FINANCE TBK PEKANBARU Ayu Kristiani P; Maryati Bachtiar; Adi Tiara Putri
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

Legal consequences arising when violating the agreement in the financing of four-wheeled vehicle credit is included in the act against the law. In the city of Pekanbaru there are 44 finance companies and 41 registered companies in the OJK. One of the financing companies in Pekanbaru is at PT Batavia Prosperindo Finance Tbk Pekanbaru. Article 23 Paragraph (2) of Law Number 42 Year 1999 concerning Fiduciary Guarantee states that: "Debtors are prohibited from transferring, mortgaging, or renting out to other parties objects that are objects of Fiduciary Security that are not inventories, except with prior written approval from Fiduciary Recipients ". However, there was a unilateral transfer of financing by PT Batavia Prosperindo Finance Tbk Pekanbaru. Therefore, the purpose of writing this thesis, namely: first, to determine the debtor's responsibility for the transfer of the object of financing unilaterally at PT Batavia Prosperindo Finance Tbk Pekanbaru. Second, to find out the efforts to resolve the transfer of financing objects unilaterally at PT Batavia Prosperindo Finance Tbk Pekanbaru.This type of research can be classified as empirical or sociological legal research, because in this study the writer directly conducts research at the location or place of study in order to provide a complete and clear picture of the problem under study. This research was conducted at PT Batavia Prosperindo Finance Tbk Pekanbaru. Sources of data used, namely: primary data, secondary data and tertiary data. Data collection techniques in this study were Observation, Interview, and Literature Study.The conclusion that can be obtained from the results of the first study, the loss experienced by PT Batavia Prosperindo Finance Tbk Pekanbaru is not accounted for by the debtor who carried out the transfer of the object unilaterally. Though must be responsible in accordance with the agreement between the Debtor and the Creditors. Second, the effort taken to settle the default is an effort to settle litigation, namely the settlement of a dispute in court, by making a report / complaint to the Police in requesting fulfillment of compensation from the debtor conducting the default. The author's suggestion is that to PT Batavia Prosperindo Finance Tbk Pekanbaru, it is better in entering into a financing agreement the company provides a prior understanding of the debtor about the consequences of the agreement, so that in the future does not harm the parties or one of the parties. The debtor should read carefully and thoroughly the contents of the agreed financing agreement, so that they know their respective rights and obligations.Keywords: Responsibility - Transfer of Objects of Financing Unilaterally
PERLINDUNGAN HUKUM BAGI PEMEGANG HAK CIPTA FILM DARI KEGIATAN STREAMING DAN DOWNLOAD PADA WEBSITE ILEGAL Hendrianto Hendrianto; Zulfikar Jaya Kusuma; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Illegal movie download activities can be detrimental to a film copyright holder because users candownload movies without having to ask permission and pay as they would if they were to watch a movie in acinema. Such activities certainly can reduce the creativity and spirit of the creation of filmmakers andhinder the development of the creative economy, which currently plays an important role for the country'seconomy and has contributed Rp. 104.4 Trillion or an average of 4.75% of GNP (Gross National Product )As a result of the widespread download and streaming of movies on illegal websites, the government hassuffered losses of more or less found the figure of 4 (four) Trillion Rupiah because the films circulating onillegal websites are not taxed.The type of research used in this study is normative juridical, namely research conducted or aimedat written legislation and forms of official documents, also called (secondary data).From the results of the study, the authors concluded that the legal consequences of copyrightinfringement from downloading and streaming movies on illegal websites as stipulated in Article 99 of LawNumber 28 of 2014 concerning Copyright, by a creator or holder of copyright / related rights, are civilized.entitled to claim compensation for copyright infringement. Whereas viewed from the criminal aspect in theCopyright Act there are several criminal sanctions in the form of imprisonment for a maximum of (4) yearsand / or criminal penalties of no more than Rp1,000,000,000.00 (one billion rupiah). Law No. 11 of 2008concerning Electronic Information and Transactions also contributes criminal sanctions to violators with amaximum imprisonment of 8 (eight) years and / or a fine of a maximum of Rp. 2,000,000,000.00 (two billionrupiah). Second, legal protection of the moral rights and economic rights of the creator needs to beimproved considering the increasing number of piracy carried out by illegal film websites. A film copyrightholder has a personal intellectual property and gives him the right to explore the economic rights of hiscreation.Keywords : Legal Protection - Copyright Streaming Films Download Movies - Illegal Website
PELAKSANAAN PERJANJIAN KERJA ANTARA KARYAWAN DENGAN PT. BAHARI SANDI PRATAMA PEKANBARU DIKAITKAN KINERJA KARYAWAN Sulistiani Sulistiani; Zulfikar Jayakusuma; Dasrol Dasrol
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

According to Law Number 13 of 2003 concerning Manpower contains the rights and obligations of workers. One of the obligations of workers contained in this Manpower Act, namely in Article 102 paragraph 2, the performance of workers is the obligation of workers after the company gives its rights to workers, PT. Bahari Sandi Pratama Pekanbaru is a sea transportation shipping company that has a target every year. The purpose of this study is to determine the implementation of work agreements between employees and PT. Bahari Sandi Pratama Pekanbaru is associated with employee performance. This type of research is classified in the type of sociological legal research, namely research on the effectiveness of existing law, the nature of this research is descriptive research that describes systematically, the facts and characteristics of the object under study appropriately. Research conducted at PT. Bahari Sandi Pratama Pekanbaru, while the population and sample are all parties involved in this study, both the chief financial officer and employees. Sources of data used are primary and secondary data, data collection techniques used by interviews, questionnaires and literature review. From the results of the research problem there are two main things that can be concluded, First, the implementation of the work agreement between the employee and PT. Bahari Sandi Pratama Pekanbaru was not carried out properly. Employees have defaulted by not carrying out what was promised. Secondly, internal factors, namely employees themselves, excessive workloads which lead to concurrent positions and multiple duties and the lack of strict application of sanctions from the company itself, listen to external factors namely a less comfortable work environment that does not increase employee performance. The author's suggestion, First, should the parties in the work agreement must fulfill what is their rights and obligations as agreed between the employee and PT. Bahari Sandi Pratama Pekanbaru. Second, to minimize the causes of employees not improving performance at PT. Bahari Sandi Pratama Pekanbaru should the parties be able to pursue all rights and obligations properly for the good of both parties Keywords: work agreements, performance, employees, employer.
PELAKSANAAN PERJANJIAN HAK PAKAI TOKO / KIOS ANTARA PEDAGANG DAN DINAS PERDAGANGAN KOTA PADANG DI PASAR RAYA PADANG Diko Fazrian; Maryati Bachtiar; Riska Fitriani
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 market is an important place for humans to carry out various economictransactions, the market is a place that provides clothing, food, and shelter needs to meetthe primary needs of humans.The existence of Pasar Raya Padang is managed by thegovernment, namely the Trade Office of the City of Padang. In the implementation of theagreement to use the store / kiosk at the Padang highway market loaded in the bookholder of the right to use the shop / kiosk owned by the trader, in the book there areseveral articles, precisely in Article 3 reads "the second party promises not to change theform of a shop or kiosk and other facilities available without written consent from the firstparty ". The facts that occur in the field of traders change the form of shops / kioskswithout the knowledge of the first party, namely the Trade Dinaas of Padang City.The problem that the author makes the basis of this research is how theimplementation of the right to use store agreements between traders and the Padang CityTrade Service at the Padang highway market and how the process of problem solving inthe agreement to use the store between traders and the Padang City Trade Service. Thepurpose of this research is to find out the implementation of the agreement between themerchant and the Padang City Trade Service in Pasar Raya Padang and to find out theprocedures for resolving the problems that occur in the agreement to use the storebetween the trader and the Padang City Trade Service.This type of research can be classified into the type of empirical or sociologicalresearch, because in this study the author immediately conducts research on the locationor place under study in order to provide a complete and clear picture of the problemunder study. This research was conducted at the Padang highway market and PadangTrade Office, the data sources used were: primary data and secondary data, datacollection techniques in this study by observation, interviews and literature review.The results of this study are first.The implementation of the right to use the store or kiosk agreement in the Padangmarket is not in accordance with the rights to use the store or kiosk made by traders withthe Padang City Trade Service, in fact traders still violate the provisions of the rightsholders' book using Article 3, namely traders are prohibited from changing the form of aviolating trader given sanctions in the form of written warnings or fines ranging from Rp.500,000-Rp. 2,000,000 (five hundred thousand rupiahs-two million rupiahs), secondly,settlement of problems related to the agreement to use the store or kiosk at the Padanghighway market through several stages of the first stage of providing written warnings totraders who violate the next stage of conducting the negotiation process if they do not getan agreement, the Padang City Trade Service takes decisions in accordance with therights holder's book using a shop or kiosk namely unilaterally canceling the agreement.
PENEGAKAN HUKUM TERHADAP DEBT COLLECTOR YANG MELAKUKAN TINDAK PIDANA DALAM PENARIKAN BARANG ATAU BENDA JAMINAN FIDUSIA DI POLSEK TAMPAN KOTA PEKANBARU Yudha Chandra Pranata; Mexsasai Indra; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Law enforcement can be interpreted as an effort to implement the law as it should, supervisethe implementation of the law so that there is no violation if there is a violation so there are otherefforts to restore the violated law to be re-enforced. Law enforcement against debt collectors whocommit criminal acts in the withdrawal of fiduciary objects can be done through a legal mechanism,where the debtor feels disadvantaged to be able to report a criminal act committed by a debt collectorto hold accountable.As for the formulation of the problem in this study is how law enforcement against debtcollectors who commit criminal acts in the withdrawal of goods or objects fiduciary collateral andconstraints in the debt collector law enforcement who commit a crime in the withdrawal of goods orfiduciary collateral.The research method used in this case is sociological juridical by direct field survey to obtainprimary data, where this study looks at the continuity between law and society, while the nature of thisresearch is descriptive, namely describing the problems to be studied.Based on the results of the study, it can be seen that law enforcement against debt collectorswho commit criminal acts in the withdrawal of goods or fiduciary collateral objects in the TampbaruPekan Polsek is that the community as a debtor can report any form of crime committed by the debtcollector on the police if the debt collector acts debt collection raises losses to the debtor, whilecriminal acts that can occur include article 369, article 378, article 335 of criminal law, acts of thedebtor who are not cooperative in dealing with debt collectors in general are the cause of theseproblems so that reports on actions a criminal offense that is detrimental to the debtor who mustsurrender the motorized vehicle unit that is used as collateral for the fiduciary and the debtor isunable to avoid the obligation.Constraints in law enforcement against debt collectors who commit criminal acts in thewithdrawal of goods or fiduciary collateral objects can be legal factors where the existence of debtcollectors are not specifically regulated in legislation, making debt collector actions difficult toprocess legally, law enforcement factors or police officers who are weak in responding to criminalacts reported by disadvantaged debtors and community factors which are the most dominant factors ininhibiting law enforcement against debt collectors because debtors are negligent in fulfilling theirachievements in general the community does not know how to do default and avoid collecting debt bydebt collectors.Keywords: Law Enforcement-Debt Collector - Fiduciary Guarantee
PELAKSANAAN PERJANJIAN KREDIT MODAL USAHA ANTARA USAHA EKONOMI DESA/KELURAHAN DENGAN MASYARAKAT KOTA PEKANBARU Ridho Alamsyah; Hayatul Ismi; 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

The economic development of a region's community is seen from how many people live below the poverty line, the cause of poverty is the absence of income from each of these communities. For people who want to apply for a loan to get a business capital loan from the Savings and Loans Village Economy Business (UEK-SP) is by entering into an agreement between the community (Debtor) and Savings and Loans Village Economy Business (UEK-SP) in this case as a creditor.This type of research can be classified in the type of sociological (empirical) legal research, because in this study the authors directly conduct research at the location or place of study in order to provide a complete and clear picture of the problem under study. This research was conducted in the Savings and Loans Village Economic Business (UEK-SP) Pekanbaru City, because every kelurahan in Pekanbaru had Savings and Loans Village Economic Enterprises while the population and sample were the Chairman of the Savings and Loans Village Economy Business in Pekanbaru City, Head of Community Empowerment Section Mayor Office Pekanbaru and Chair of the Pekanbaru City Urban Empowerment Program. Data sources used are primary data and secondary data. Data collection techniques in this study were interviews, and literature reviewThe conclusions that can be obtained from the results of the study are First, the Economic Status of Savings and Loans Village Businesses (UEK-SP) has been regulated in the Governor Regulation and Permendagri Number 06 Year 1998 Concerning Economic Savings in Village Savings and Loans (UED-SP). Only the status as a legal entity or not is still not clearly and firmly regulated. Second, the Savings and Loans Village Economy Business (UEK / D-SP) can carry out savings and loan activities.and Third, the inhibiting factors for the implementation of savings and loan agreements for the economy of urban village savings and loans (UEK-SP) consist of Status (UEK / D-SP), savings and loan agreements (UEK / D-SP) require a long time, customer loan installment payments do not everything is smooth, Guidance and Supervision of the Credit Capital Business Customers are less than optimal, and Financial ResourcesKeywords: Implementation, Credit Agreement, Business Capital, Village Economy Business, Savings and Loans, Community, Pekanbaru.
Problematika Pengaturan Persekusi Dalam Penerapan Hukum Pidana Di Indonesia Rani Oslina Nainggolan; Erdianto Effendi; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Persecution is arbitrary hunting of a person or a number of people who are hurt, distressed orcrushed based on ethnicity, religion, race and political views. The establishment of criminal law is expectedto be able to overcome legal problems that occur in society. The existence of criminal sanctions is expectedto provide a deterrent effect to the perpetrators of criminal acts. There is no regulation in Indonesiancriminal law regarding acts of persecution, so that sanctions given to perpetrators have not been able to runoptimally and have not provided a deterrent effect. So that the laws that have been aspired have not yet beenrealized.The purpose of this essay is: First, to find out the problem of persecution arrangements in theapplication of criminal law in Indonesia. Second, to find out the ideal idea of legal regulation of persecutionin Indonesia. This type of research is normative legal research, in this case the author chooses research onthe principles of law, namely the principle of legality. The theoretical foundation used is the theory ofjustice, the theory of legal renewal, and the concept of crime.From the results of the problem research there are two main things that can be concluded. First, theproblem of the regulation of persecution in the application of criminal law in Indonesia is that there is noclear regulation by the Criminal Code or other laws and regulations concerning criminal acts ofpersecution. This is certainly not in line with the principles that apply in the Criminal Code, namely theprinciple of legality .Secondly, the ideal idea of legal regulation of persecution is that the perpetrators canbe held accountable for crimes and can be subject to criminal sanctions. Persecution which is a humanrights violation based on racial religion and political views. So it is necessary to have a legal policy thatregulates the act of persecution in a law.Based on this matter, Indonesia should make further rules regarding the criminal acts of persecutionin the form of laws and regulations such as laws on persecution and weighting penalties by givingappropriate sanctions to these crimes.Keywords: Crime, Persecution, Sanctions.
URGENSI PENGATURAN JUSTICE COLLABORATOR DALAM HUKUM PIDANA INDONESIA Batavia Putri; Evi Deliana; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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The position of the witness is very important in a judicial process, because the witness hasinformation based on what he saw and experienced to facilitate the proof of the wrongdoing of the suspectand the defendant. The regulation of Justice Collaborator is something new in Indonesia. JusticeCollaborator is a witness, who is also a perpetrator, but wants to cooperate with law enforcement in orderto dismantle a case and even return the assets resulting from the crime of corruption if the asset is in them.In Indonesia's positive law, the existence of justice collaborator has not yet been given a comprehensivearrangement, so that the existence of Justice Collaborator is responded to differently by law enforcement.The appointment of a suspect as a Justice Collaborator is expected to assist law enforcement in exposinglarger crimes or other perpetrators who should be held responsible. On the other hand, the establishment ofa Justice Collaborator will avoid a suspect or defendant in a corruption case from the most severe criminalthreat. Based on the description, the problem can be formulated as follows: First, how the JusticeCollaborator is regulated in Indonesian criminal law. Second, what is the idea of setting up a JusticeCollaborator in Indonesian criminal law.This type of research can be classified in the type of normative research, namely research oncomparative law. This study uses secondary data sources consisting of primary legal materials, secondarylegal materials and tertiary legal materials, data collection techniques in this study with literature studies.From the results of the research problem there are two main things that can be concluded. First, theregulation in criminal law against Justice Collaborator is spread through several regulations. But from theexisting regulations there is no guarantee of legal certainty against the Justice Collaborator. Secondly, theidea of organizing witnesses for collaborating perpetrators (Justice Collaborator) in criminal law is veryurgent. This urgency is caused because the Criminal Procedure Code (KUHAP) has not yet regulated theJustice Collaborator.Keywords: Justice Collaborator, Corruption, Legal Reform
ASPEK HUKUM INTERNASIONAL MILITERISASI DI RUANG ANGKASA (STUDI KASUS MILITERISASI RUANG ANGKASA OLEH AMERIKA SERIKAT) Sigi, Immanuel; Kusuma, Zulfikar Jaya; 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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In 2019 The United Stetes creates a space force command that called as The United States Space Command the purposes are to empower capabilities of United States military so it can prevent or support future conflict.By legitimating its action on national security purpose it is appeared new issues on others country about their right of using outer space. This type of research can be classified as normative legal research Legal research is carried out by examining library material or mere secondary data.As a results of the research problem, there are the main things that can be considered. First, uridical studies on militarization of space according to international law has not regulated comprehensively on international sistem. However, every country prohibited to place or instal on the orbit or arround the earth or on celestial body of anything that could carrying nuclear weapons. Beside that, every country incorporated in the agreement is prohibited from forming military bases, forming installations and testing all types of weapons and military maneuvering behavior on celestial bodies.United Statess authority on establishing, developing, dan conducting militarization of space are contradicted on many Resolutions that adopted and made by the United Nations and international treaties. American violations of many Resolutions adopted and made by the United Nations and international treaties are a form of inconsistency of the United States on its role to maintain world stability and security.Keyword :Militerisation, Outer space, Security.

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