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INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 2,579 Documents
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TINJAUAN YURIDIS TINDAK PIDANA KEKERASAN TERHADAP ANAK DARI PERSPEKTIF HUKUM PIDANA NASIONAL DAN HUKUM PIDANA ISLAM Ramadhana, Rhizkita; Effendi, Erdianto; 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

Violence against children in Indonesian national law is a crime. Violence against children is often identified with invisible violence, such as physical and sexual violence. In fact, psychological and social (structural) violence also has a negative and permanent impact on children. In Islamic Law, physical violence against children includes the act of Jarimah (Arabic), which is an unlawful act in which the offender receives a sanction or punishment . Besides that basically all religions reject violence as a principle in carrying out an act of immoral nature that requires coercion of other parties which means violation of the principle of freedom of social interaction.This type of research can be classified into normative juridical type of research, namely research conducted by examining literature discussion with secondary data sources consisting of primary legal material in the form of legislation, secondary legal materials, legal books, and tertiary legal materials in the form of dictionaries. Then the data were analyzed qualitatively, namely analyzing descriptive data obtained from secondary data.From the results of the study it can be concluded that, first, if in national law the types or forms of violence are categorized into two, namely severe maltreatment and minor maltreatment. Whereas in Islamic criminal law, violence is categorized into three, namely deliberate maltreatment, semi-deliberate maltreatment, and inadvertent maltreatment. The form of sanctions that are applied in national law for acts of violence against children is regulated in Article 80-82 of Law Number 35 Year 2014 concerning Child Protection, and in Islamic criminal law sanctions are given according to the category of violence, which can be in the form of qishas, diyat punishment, or ta'zir punishment. Second, the value of regulating children in the Islamic criminal law system when compared with positive law both have many significant differences. Values that can be adopted into national law, one of which is the application of penalties / sanctions to perpetrators by applying the qishas penalty, diyat punishment, or ta'zir punishment, legal protection for victims of crime as part of protection to the public, can be realized in the form of providing compensation directly to child victims not to the State.Keywords: Criminal Acts - Violence in Children - National Law - Islamic Criminal Law
PELAKSANAAN PERJANJIAN POLA KREDIT KOPERASI PRIMER ANGGOTA (KKPA) DI PT. KTU ASTRA YANG DIKELOLA OLEH KOPERASI RIMBA MUTIARA Yudhi Fasrah Ilahi; Firdaus Firdaus; 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 agreement is a legal relationship regarding property between two parties, in which one partypromises or is considered promising to do something or not. The main issues discussed in this paper areregarding agreements or provisions made by cooperatives in RAT number 15 / KOP-RM / TR / X / 11deciding in the second part namely To Participant Farmers who have been determined, Prohibited fromSelling Buy Palm Oil Plantation Land ( KKPA). Violated or Not implemented by members of the pearljungle cooperative in Siak district, Koto Gasip district.The research method used is empirical research, another term used is Sociological legal researchalso called field research and this research is descriptive. In data collection, the types of data used in thisstudy are primary data and secondary data, namely directly through respondents (field), Law Number 18Year 2004 concerning Plantation, Civil Code, legal journals and books - books related to research. Analysisof this data is done qualitatively and deductively drawn conclusions.From the results of research conducted by the author, it was found that there were still farmers whowere members of the KKPA who sold their oil palm plantation to other parties. So that the regulationNumber: 15 / KOP-RM / TR // 11 in deciding sets out the second part: "to the participating farmers whohave been determined, it is prohibited to trade in the palm oil." Not applicable.So that based on this matter, strict sanctions are needed, be it administrative sanctions or criminalsanctions for parties to carry out the buying and selling process so that regulations made by cooperativescan be enforced.Keywords : Agreement, cooperatives and farmers of KKPA members
ANALISIS YURIDIS TERHADAP KEKUATAN PEMBUKTIAN AUDIT INVESTIGASI OLEH BADAN PENGAWASAN KEUANGAN DAN PEMBANGUNAN SEBAGAI KETERANGAN AHLI DALAM PENANGANAN TINDAK PIDANA KORUPSI WAHYUDI, PANDJY SATRIA; Kusuma, Zulfikar Jaya; 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

Indonesia is a state based on law. One of the legal rules used in a criminalprocedure, namely the criminal procedure code as a codification and legalunification. Based on the provisions of Article 184 paragraph (1) of the Law onCriminal Procedure (Criminal Procedure Law) states about legal evidence, oneof which is expert statements. In the provisions of article 1 number 28 of thecriminal procedure code it is regulated about expert statements as legal evidenceaccording to law. Disclosure of corruption through witness testimony from anexpert in the financial and development oversight body is very influential andstrengthens the confidence of the judge in considering strong and valid evidencebefore the trial. The purpose of this is: first, to find out the form of evidence of thestrength of the investigative audit by the Financial and Development SupervisoryAgency as an expert statement in handling corruption. Second, to find out thebasis for conducting an audit investigation by the Financial and DevelopmentSupervisory Agency as an expert statement in handling corruption.This research is a normative juridical. The data source is secondary dataconsisting of primary legal materials, secondary law and tertiary legal materials.Data collection techniques in this study is a review of literature and documentarystudies and data analysis use thecnical deductive method.From the results of the study it can be concluded, first, the form of thestrength of the evidence of an investigative audit by the Financial andDevelopment Supervisory Agency as an expert statement in the handling ofcriminal acts of corruption is divided into several forms, namely physical testing,confirmation evidence, documentary evidence, observational evidence, questionand answer evidence by auditing, re-implementation, and analysis procedures.Second, the basis of the strength of the evidence of investigative audit by theFinancial and Development Supervisory Agency as an expert statement inhandling corruption is as a fulfillment of the request letter from the investigatingagency or the public prosecutor in accordance with the Decision of theConstitutional Court Number 31 / PUU-X / 2012 October 23, 2012.Keyword: Corruption Crime-Investigative Audit-Expert Statement
PEREDARAN IKAN KALENG YANG MENGANDUNG CACING DI KECAMATAN MARPOYAN DAMAI WILAYAH KOTA PEKANBARU TAHUN 2018 Eko Prasetyo; Hayatul Ismi; Riska Fitriani
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

Canned fish are fish and fish products that have been processed, packagedin airtight cans, and given heat to kill the bacteria inside and ripen it. But sometime ago the discovery of worms in canned fish, and the type of fish is mackerel.BPOM has conducted sampling and testing of 541 fish samples in cannedcontainers consisting of 66 brands. The test results showed that 27 brandspositively contained worm parasites, consisting of 16 brands of imported productsand 11 brands of domestic products. Based on Law Number 8 of 1999, businessactors are responsible for guaranteeing the quality of goods traded. In the eventof a consumer loss, the business actor is obliged to provide compensation andanti-loss to the consumer. The purpose of this study, first is to find out theresponsibility of business actors for the circulation of canned fish containingworms and to the loss of consumers in the city of Pekanbaru, and secondly to findout the sanctions given to business actors.In this study the author uses the empirical method, another term used issociological. The study of the effectiveness of the laws that apply in society andidentify unwritten laws that apply in the community. In this case the researcherconducts research on business actors and community members in Pekanbaru,especially the Marpoyan Damai District. In collecting data, the types of data usedin this study are primary data and secondary data, namely directly throughrespondents (field), Law Number 8 of 1999 concerning Consumer Protection, LawNumber 18 of 2012 concerning Food legal journals and books - books related toresearch. Analysis of this data is done qualitatively and deductively drawnconclusions.From the results of the research in this thesis, there are two main thingsthat are concluded, namely First, the form of the responsibility of the businessactor to the loss of consumers in the City of Pekanbaru. And second, sanctionsgiven to businesses in Pekanbaru City, Marpoyan Damai District.Keywords: Consumer - Responsibility - Business actor - Consumer Protection
POLITIK HUKUM PEMBENTUKAN KANTOR STAF PRESIDEN BERDASARKAN PERATURAN PRESIDEN NOMOR 26 TAHUN 2015 TENTANG KANTOR STAF PRESIDEN Reni Lestari; Emilda Firdaus; Dessy Artina
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 Presidential Staff Office is formed through Presidential Regulation Number 26 of 2015concerning the Presidential Staff Office. Whereas in the presidential environment there are three institutionsthat function as supporting the performance of the President, namely,The Presidential Staff Office is , StateSecretariat and Secretariat Cabinet. Juridically, the authority of these institutions overlaps each otherbecause their functions are both as assistants to the President. So, it is necessary to review the legal politicsofThe Presidential Staff Office formation. Based on this understanding, the writing of this thesis formulatestwo problem formulations, namely: First, how is the legal politics of the establishment of the PresidentialStaff Office based on Presidential Regulation Number 26 of 2015 concerning the Office of the PresidentialStaff ?. Second, is there a clash of authority between the Presidential Staff Office both internally in thepresidential institution and in the external presidential institution ?.The research method in this study, first, the type of research is normative law and descriptiveanalysis. Second, data sources, supported by primary data sources, secondary data sources and tertiarydata sources. Third, the data collection technique used is the Literature Study. After the data collected isthen analyzed qualitatively, then draw conclusions with deductive thinking methods. From the results ofproblem research there are two main things that can be concluded, first, Political law in the formationofThe Presidential Staff Office is intended as an institution that guarantees the implementation ofgovernment programs as stated in nawacita. Secondly, judicially, The Presidential Staff Office authorityoverlaps with Setkab and Setneg as institutions supporting the President's performance. The suggestion ofthe author, first, is that it is necessary to control the institutions that have overlapping authority.Keywords: Presidential Institution - Office of Presidential Staff - Overlapping Authority
IMPLEMENTASI SURAT EDARAN MAHKAMAH AGUNG NOMOR 3 TAHUN 2011 TENTANG PENEMPATAN PENYALAHGUNAAN NARKOTIKA DI DALAM LEMBAGA REHABILITASI MEDIS DAN REHABILITASI SOSIAL DI PENGADILAN NEGERI PEKANBARU Albezsia Artiamar F S; Mexsasai Indra; Davit Rahmadan
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

Law enforcement against narcotics crime has been carried out by law enforcement officers and has received a judge's decision in a court hearing. In the Supreme Court Circular Letter Number 3 of 2011 concerning the Placement of Narcotics Abuse in the Institute of Medical Rehabilitation and Social Rehabilitation, every narcotics addict and victim of narcotics abuse must undergo medical rehabilitation and social rehabilitation.The purpose of this thesis is: First, to find out the implementation of the Supreme Court Circular Letter Number 3 of 2011 concerning the placement of narcotics abuse in medical rehabilitation and social rehabilitation institutions in the Pekanbaru District Court. Second, to find out the inhibiting factors for the implementation of the Supreme Court Circular Letter Number 3 of 2011 concerning the placement of narcotics abuse in medical rehabilitation and social rehabilitation institutions in the Pekanbaru District Court.This type of research can be classified as a type of sociological legal research, because in this study the authors directly conduct research at the location or places that are examined to provide a complete and clear picture of the problem under study. This research was conducted at the Pekanbaru District Court, while the population and sample were all sections related to this research, the data sources used included primary data, secondary data and tertiary data, data collection techniques, namely interviews and literature studies.From the results of the research and discussion it can be concluded that, First, the Implementation of the Supreme Court Circular Letter Number 3 of 2011 in the Pekanbaru District Court has not been going well and maximally. Second, Obstacles in the Implementation of the Supreme Court Circular Letter Number 3 of 2011 in the Pekanbaru District Court, namely that doctors have not been checked or delayed for narcotics abusers before trial in court, the second is budgetary problems, and thirdly the lack of cooperation with other Pekanbaru agencies in providing a place that is feasible in carrying out rehabilitation because so far in Pekanbaru City the place to do rehabilitation is done at the Tampan Mental Hospital.Keywords: Narcotics – Abuser – Implementation – Rehabilitation.
PENEGAKAN HUKUM TINDAK PIDANA MENGUBAH FUNGSI HUTAN MENJADI LAHAN PERKEBUNAN DI TAMAN NASIONAL TESSO NILO Boby Dermawan Karo Karo; Zulfikar Jaya Kusuma; 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

Crime against forestry is a special criminal act regulated by criminalprovisions. Special criminal law is part of criminal law which is spread in variouslaws that are formed to regulate legal material specifically. Tesso Nilo NationalPark is a national park located in Riau province, Indonesia. Tesso Nilo NationalPark is a nature conservation forest area that has native ecosystems managed bya zoning system. The purpose of this paper is; firstly; to find out about the lawenforcement of forestry crime occurring in Teso Nilo National Park related to theconversion of forest land into plantations; second; to find out the problems offorestry crime that occur in Teso Nilo National Park; third; to find out theapplication of sanctions for legal provisions concerning forest conversionfunctions.This type of research can be classified as a type of sociological legalresearch, this research is descriptive, that is research that describes various factsand symptoms found in the Tesso Nilo National Park area for the activities ofconversion of protected forests. This research is a manifestation of researchresults regarding real or appropriate laws that live within the Tesso Nilo NationalPark area.From the results of research and discussion it can be concluded that,firstly; weak enforcement of forestry criminal law against perpetrators of forestconversion into plantation land; second; It is difficult to prosecute actorsinvolved, both directly and indirectly in plantation activities in protected forests.Keywords: Forestry Crime-Law Enforcement-Sanctions
TINJAUAN YURIDIS TERHADAP KEWENANGAN KOMISI KEJAKSAAN REPUBLIK INDONESIA BERDASARKAN PERATURAN PRESIDEN NOMOR 18 TAHUN 2011 TENTANG KOMISI KEJAKSAAN REPUBLIK INDONESIA Samuel Hamonangan Simanjuntak; Dessy Artina; Davit Rahmadan
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 establishment of the Prosecutorial Commission is mandated by Article 38 of LawNumber 16 of 2004 concerning the Prosecutor's Commission of the Republic of Indonesia,which implies the establishment of Presidential Regulation Number 18 of 2005 concerningthe Prosecutor's Commission of the Republic of Indonesia and in its development theregulation was changed to Presidential Regulation Number 18 of 2011 concerning theRepublican Prosecutor's Commission Indonesia. Based on the Presidential regulation, theempirical fact that the Prosecutor's Commission has many limitations as a manifestation ofweaknesses over its authority, is certainly not in line with the initial establishment of theProsecutor's Commission as an external supervisor of the Prosecutor's Commission, which isexpected to be an answer to public unrest. The inconsistency of several articles with otherarticles resulted in contradictions in their implementation, the weakness of recommendationssubmitted by the Prosecutor's Commission was practically redundant, lengthy andcomplicated the flow of handling to follow up on community reports, which made theProsecutor's Commission powerless and non-screened as external supervisors for theProsecutor's Commission. Even though the complicated and extensive task given to theProsecutor's Commission is not comparable to its limited and very weak authority to the sizeof the Prosecutorial Commission as a supervisory institution.The purpose of this study, namely: First, to find out and analyze the authority andweaknesses of the authority of the Republic of Indonesia Prosecutor's Commission based onPresidential Regulation Number 18 of 2011 concerning the Prosecutor's Commission of theRepublic of Indonesia, Secondly, to know and analyze ideal structuring ideas from theauthority of the Indonesian Prosecutor's Commission . The type of research used is normativelegal research or library legal research using research methods on legal principles.From the results of the problem research there are two main things that can beconcluded. First, the Prosecutor's Commission's authority has limitations as a form ofweakness in the authority of the Prosecutor's Commission based on Presidential RegulationNumber 18 of 2011 concerning the Prosecutor's Commission of the Republic of Indonesia,which does not provide certainty because there are several articles that are not synchronousand contradictory to their implementation in the field. following up on long-term publicreports tends to be redundant and the public will prefer to report directly to the attorney'sinternal supervisors. Second, the idea of an ideal arrangement of the authority of theProsecutor's Commission is to reinterpret this authority, by positioning itself in a more activeposition, then making changes to its authority and providing reinforcement ofrecommendations to those submitted by the Prosecutor's Commission.Keywords: Authority - Weakness of Authority - Idea for Ideal Arrangement
PENYIDIKAN TINDAK PIDANA PENIPUAN OLINE DIWILAYAH HUKUM KEPOLISIAN RESOR KOTA PEKANBARU Ela Aprida Nafliana; Firdaus Firdaus; 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

Technological advancements both from information and communication are increasingly rapidlydeveloping which provide many conveniences for humanity. The internet is one product of technologicalprogress from information and means of communication. Many things can be done through the internetstarting from social relations, work, to doing business buying and selling online, you can directly contactother people. Online business, and e-banking services. The trade activities using the internet make the stateseem to be without territorial borders (bosdeles) to create benefits and convenience for a nation that can beseen in various forms of cooperation between countries in the fields of economy, politics and culture. Themechanism of transactions and agreements with the outside world is sufficiently controlled through smallspaces with internet protocol-based technology that offers effective, and modern facilities and other socialmedia that are connected to the internet.This research is sociological or empirical research, namely the type of research that uses communityassumptions in looking for facts that occur in the field to answer an existing problem. This research wascarried out in the Riau High Prosecutor's jurisdiction. While the population and sample are parties relatedto the problems examined in this study, the data sources used, primary data, secondary data, and tertiarydata. The technique of collecting data in this study was through interviews and literature review.From the results of the research that the authors did can be concluded, the first occurrence of online/ electronic media deprivation is influenced by various factors including law enforcement officials, facilitiesand infrastructure and the community. The community is divided into other fields of factors, namelyeconomic, environmental, socio-cultural, easy to carry out these crimes and because people are easilyfooled by power. Second Investigation of crimes against perpetrators of fraud carried out online by thePekanbaru City Police Department has not been maximally proven with the absence of cases of criminalacts of fraud through online being resolved.Keywords: Investigation - Crime - Online Fraud.
PELAKSANAAN MEDIASI PENAL SEBAGAI ALTERNATIF DALAM PENYELESAIAN PERKARA TINDAK PIDANA KECELAKAAN LALU LINTAS OLEH KEPOLISIAN RESOR KOTA PEKANBARU Sindia Dwike Pratika; Evi Deliana; 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

In general, mediating penalties can be said to be a concept that brings victims and perpetrators together to discuss their interests and willingness to resolve criminal cases, and are assisted by neutral mediators and help resolve criminal cases by providing advice and mediation as mediators. Research on mediation of penalties in traffic accidents by the Pekanbaru City Police Department aims to determine the implementation of penal mediation and the efforts made in its implementation.his type of research can be classified in the type of sociological 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 at the Pekanbaru City Police Department, while the population and sample are all parties related to the problems examined in this study, the data sources used, primary data, secondary data, and tertiary data, data collection techniques in this study with observation and interview.From the results of the study as follows: the implementation of the mediation of the penalties can be carried out in cases of traffic accidents with minor physical injuries, the existence of mutual agreement between the two parties, the existence of a statement not demanding from the victim and the investigator performs a case title for the cases that have been resolved through mediation of the penalties. . While his efforts with the mediation in the Pekanbaru City Police Department traffic accident cases are reduced because it can reduce the number of cases that enter the court. While the obstacles are, among others: a) internal factors, namely: investigators are hesitant to apply penal mediation because there is no paying law and there is no common understanding related to the application of mediation penal; b) external factors, namely: the victim is not willing to be mediated by the penalty, the suspect is not cooperative, and the parties' agreement is not reached.Keywords: Penal Mediation, Traffic Accidents, Minor Injuries, Alternative Case Settlement

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