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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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PERTANGGUNGJAWABAN PIDANA PARTAI POLITIK SEBAGAI KORPORASI DALAM TINDAK PIDANA PENCUCIAN UANG DARI HASIL TINDAK PIDANA KORUPSI DI INDONESIA Yesi Mutia Dini; Mexsasai Indra; Elmayanti Elmayanti
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

Related to the crime of money laundering committed by political parties, as a legal entity a politicalparty can be held to hold criminal responsibility for what it has done. It can be said that a corporation hascommitted a crime if the criminal offense is carried out by a corporate executive or employee who is stillwithin the scope of his authority, and intra-vires in the sense that it is still in part of the corporation'sintentions and objectives, and acts for corporate purposes. The purpose of this thesis is first to find out howto determine errors in political parties as corporations that commit a crime in the crime of moneylaundering as a result of corruption in Indonesia. Second, to find out the form of criminal liability ofpolitical parties as corporations in criminal acts of money laundering resulting from criminal acts ofcorruption in Indonesia.From the results of the research conducted there are three main things that can be concluded. First,determining the mistakes of the corporation can be done by looking at the intentions or negligence of thepolitical party administrators. This form of error is not individual but is collective and the corporationreceives the benefits of the crime. Therefore, it can be stated that the corporation (political party) is blamed.Second, based on the theory of direct corporate liability and functional actors, corporations can be held tohold criminal liability insofar as it is known to the political party management to commit the crime for andon behalf of the corporation itself (political party). The author's suggestion, First, is expected to the Houseof Representatives and the President to explicitly regulate the criminal responsibility of the corporation bothin the Act on crime of money laundering and corruption. Second, it is hoped that law enforcement officialswill be more courageous in disclosing and taking action against the involvement of political parties in theuse of funds that are sourced or reasonably suspected of money laundering.Keywords: Accountability of Political-Corporations-Corporations-Money Laundering-Corruption Crimes
EKSISTENSI PERADILAN KONEKSITAS DALAM PERKARA TINDAK PIDANA KORUPSI DI INDONESIA PASCA LAHIRNYA KOMISI PEMBERANTASAN KORUPSI Faldi Ahmad Jurio; Emilda Firdaus; 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

Corruption can be committed by any community. Did not rule out the possibility of being carried out by members of the military (TNI) together with civilians, who formally must be tried legally in court koneksitas. Connection cases both for general crime and special crime (corruption). The legal basis of justice trials is regulated in Article 89 of the Criminal Procedure Code, Article 198 of Law Number 31 of 1997 concerning Military Justice and Article 16 of Law Number 48 of 2009 concerning Judicial Power. And with the enactment of Law Number Law Number 48 of 2009 concerning Judicial Power, an implementation regulation regarding Article 16 is needed, so that there is uniformity in the provisions of the Articles concerning justice trials.The purpose of this thesis is: First, to find out how the existence of koneksitas justice in corruption cases in Indonesia after the birth of the Corruption Eradication Commission. Second, to find out the strengths and weaknesses of koneksitas justice in prosecuting corruption cases in Indonesia after the birth of the Corruption Eradication Commission.This type of research is normative legal research or can also be called doctrinal legal research. From the results of the study, based on two problem formulations can be concluded. First, the existence of the koneksitas justice in corruption cases after the birth of the corruption eradication commission should be paid more attention. Considering that justice is already regulated in the Criminal Procedure Code and Law Code. The legal culture that occurs should also be fairer and don't look at the feather in handling the law. Law enforcement officials must also be more assertive in handling corruption cases between two courts. in order to create legal certainty. Second, the strengths and weaknesses in connection justice should be a reference for using that trial. Because justice connectivity is designed to facilitate coordination and resolution of corruption cases between the two courts. The criminal process if using connectivity will also be more fair and transparent because it is tried in one court. Connectivity justice also benefits both parties because they remember that members of the military have their own judiciary in handling corrupt acts committed by members of the TNI.Key words: Military-Corruption Justice-Military-Corruption-Corruption Eradication Commiss
TINJAUAN KRIMINOLOGI TERHADAP TINDAK PIDANA PENCURIAN DENGAN PEMBERATAN YANG DILAKUKAN OLEH ANAK DI KEPOLISIAN SEKTOR KANDIS M. Hafiz Asyari; Emilda Firdaus; Widia Edorita
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

Theft is an act of crime, which is very disturbing to the comfort of the community,therefore a consistent action that can enforce the law, so that harmony is established, whichin this case increases theft with violence committed by children. Lots of children commitvarious criminal acts such as theft, rape, persecution and many more. Therefore, the authorsreview in terms of criminology the crime of theft: 1) What are the factors that trigger therampant Crime of Theft with the Giving done by children in the Sector Police Kandis 2) Whatis the legal effort in overcoming the theft of crimes with the grievances committed by childrenin the Kandis Sector Police,This type of research can be classified into the type of sociological juridical research,because in this study the author immediately conducts research on the location or placeunder study in order to provide a complete and clear picture of the problem under study. Thisresearch was conducted in Kandis Sector Police, while the population and samples were allparties related to the problems examined in this study, data sources used, primary data,secondary data, tertiary data, data collection techniques in this study with 2 methods namelyinterviews and literature review.From the results of the problem research there are two main things that can beconcluded. First, there are internal and external factors that cause criminal acts of theft byweighting carried out by children. Internal factors are the level of education, the work ofparents of principals, and individual behavior while external behavior is a factor of theeconomy, social environment, weak law enforcement and factors of opportunity. Second, 2.Efforts to combat theft with weighting carried out by the Sektor Kandis Police, namely: Preemptiveefforts are efforts to improve the moral values of society through extension activitiesor socialization to schools or the general public. Preventive efforts are a continuation of preemptiveefforts that emphasize eliminating opportunities for people to commit theft. Andrepressive efforts are to take action against the perpetrators in accordance with their actionsand fix them and commemorate them so that they are aware and do not repeat again bybringing to the police station and also bringing parents to the Kandis Sector Police. parentsshould always supervise, guard and prevent any deviant acts carried out by children. Second,Members of Kandis Sector Police must create interesting ideas in conducting counseling toschool schools so that children understand and have legal awareness.Keywords: Criminology - Theft - Children
Kewenangan Badan Perencanaan Pembangunan Daerah (BAPPEDA) Dalam Mewujudkan Penataan Ruang Yang Baik Di Kota Pekanbaru M Syarif Hidayatullah; Emilda Firdaus; Mexsasai Indra
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

Spatial structures and patterns that are not well implemented in Pekanbaru City in accordance withLaw No. 26 of 2007 concerning Spatial Planning, of course will lead to many problems in spatial planningthat occur in Pekanbaru City. Problems caused by the lack of spatial planning in Pekanbaru City such as;floods, traffic jams, air pollution, land use that is not in accordance with its designation and many otherproblems related to spatial planning that have an impact on the level of welfare of the people of PekanbaruCity. In order to realize good autonomy and spatial planning, the need for the Regional DevelopmentPlanning Agency (BAPPEDA) in carrying out its authority from the formulation of regional planningpolicies, preparation of plans that contain the vision, mission, goals, strategies, policies, programs andcoordinate the development activities of each Regional Work Unit (SKPD).The type of research that the author uses is juridical sociological research approach that emphasizesthe legal aspects related to the subject matter to be discussed, related to the reality that occurs in the field.In this case the authors conducted research on the Pekanbaru City Regional Development Planning Agencyand the Pekanbaru City Public Works and Spatial Planning Office regarding the problems of spatialplanning in Pekanbaru City.From the results of this study it can be concluded that there are three main problems. First, theauthority of BAPPEDA Pekanbaru City in realizing good spatial planning is regulated in PERMENDAGRINo. 86 of 2017 concerning Procedures for Planning, Controlling and Evaluating Regional Development,Procedures for Evaluating Long-Term Regional Development and RPMJD, and Procedures for ChangingRPJPD, RPJMD and RKPD, and PERWAKO Pekanbaru City No. 116 of 2016 concerning the Position,Organizational Structure, Duties and Functions and Work Procedures of BAPPEDA Pekanbaru City,BAPPEDA Authority After the issuance of PP No. 18 in 2016. The two factors that hamper BAPPEDAPekanbaru City are the Pekanbaru City Spatial Plan that does not yet exist, the inconsistency between theprogram and the implementation of the Pekanbaru City administration in the RPJDD, RPJMD and RKPDdocuments, the political interests of several parties, the rationalization of the budget and the building Thereare already three attempts that can be done by BAPPEDA in realizing good spatial planning in the city ofPekanbaru, which are spatial planning, spatial use, spatial use control, PERMENDAGRI No. 116 of 2017concerning the Regional Spatial Planning Coordinating Team, approaching regional development planningwell, following the rules of the formulation of regional development planning policies and regional policiesto issue regulations on Pekanbaru City's spatial planning.Keywords: Authority, BAPPEDA, Spatial Planning.
Penerapan Hukum Adat Dalam Menyelesaikan Tindak Pidana Perzinaan di Desa Teratak Kecamatan Rumbio Jaya Kabupaten Kampar HAMDANI HAMDANI; Erdianto Effendi; Ferawati Ferawati
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

Indonesia is a rule of law where every provision is guided by a nationallegal system, the enactment of national law in society and also the development ofa legal system that derives from the habits in society. This practice is a provisioncalled customary law. In customary law there is no separation between violationsin the field of criminal or civil law. However, customary law only recognizes oneprocedure in terms of prosecution, both for civil and criminal nature.As for the settlement of cases or disputes within the customary lawcommunity, it must be based on the views or role models adopted by theindigenous people themselves. Whereas in this study shows that the settlement ofcustomary law takes into account the process in a family, deliberation betweenthe two parties and prioritizes the restoration of the order of life in the communityso that the creation of harmony within the community itself.Basically, crime is an act that is seen as a deviant act. Completion ofcriminal cases, In addition to completing it before a court, in the Tratak Villagecommunity, there are many cases of crimes that are resolved through customarylaw.This study aims to find out the existence of customary law and sanctionsagainst criminal law offenders and whether the type of sanction is effective as alegal basis in resolving this case.Keywords: State of Law, Customary Law, Customary Sanctions
REFORMULASI SANKSI PIDANA TERHADAP PENGGUNA PENGGUNA PIL PCC (PARACETAMOL, CAFFEINE DAN CARISOPRODOL) DALAM HUKUM PIDANA INDONESIA Ade Satria Habibillah; Mexsasai Indra; 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

Drug abuse is a drug that is misused (misused) every time someone with arbitrary use of drugs (suchas when a drug is prescribed for someone else). Pills are abused (absed) when a person continues toconsume the drug, resulting in physical and psychological dependence on the drug. PCC pills (Paracetamol,Caffeine, and Carisoprodol) are drugs that can be used to relieve pain and heart pain medications, so thesedrugs should not be taken carelessly under the supervision,of doctors and pharmacists.Perpetrators of misuse of the PCC pill must be able to take responsibility for their actions. Thisstudy raises the issue of what is the urgency of formulation policies for users as well as the ideal legal policyfor PCC users (Paracetamol, Caffeine, and Carisoprodol)The research method used is normative research with a statutory approach, fact approach and legalconcept analysis approach. The results of this study indicate that pcc pills that have been designated asclass 1 narcotics according to the Minister of Health Regulation are immediately included in Law Number35 of 2009 concerning Narcotics. Perpetrators of misuse of pcc pills are responsible for their actions byundergoing rehabilitation sanctions.Keywords: Accountability, PCC, Legal Arrangements.
PERLINDUNGAN HUKUM TERHADAP HAK ATAS MEREK PADA PERUSAHAAN STARTUP DIGITAL YANG TIDAK MENDAFTARKAN MEREK DAGANG DI BANDUNG Rizka Aprilia; Zulfikar Jayakusuma; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Registering a trademark is very important for entrepreneurs today. Trademarks include company names and logos, names and symbols of certain products from companies and company slogans. As you know, there are still many digital startups that have not registered their trademarks. In fact, the existence of IPR certificates is considered quite important to protect its business from piracy, imitation or other problems and when there are investors who are interested in working together. Where IPR in general or trademark specifically is the foundation of a digital startup company Regulations related to brands are regulated in Law Number 20 Year 2016 Regarding Trademarks and Geographical Indications. Even though the various phenomena present show the enormous potential of the creative economy, it turns out that there are not many startups who consider IC to be an important issue, which is the problem at hand.The purpose of this thesis is; First, legal protection of trademark rights at digital startup companies that do not register trademarks in Bandung. Second, barriers faced against trademark rights in digital startup companies that do not register trademarks, Third, solutions or efforts made by the Creative Economy Agency. This type of research is sociological juridical research, which is research that emphasizes the legal aspects of the subject matter to be discussed, related to the reality in the field.From the results of research and discussion, there are three main things that can be concluded, First, legal protection of the rights to trademarks in digital startup companies that do not register trademarks can be done, based on the provisions of Article 21 paragraphs (1) letters b and c which contain the application refusal registration and be strengthened by Article 76 regarding the claim for cancellation of the mark. Second, the obstacles faced by digital startups in trademark registration are the lack of knowledge and understanding of the importance of IP protection, the lack of understanding of IP by the organizers and the Time Management related to trademark registration. Third, solutions or efforts made by Bekraf to increase awareness of digital startup companies on trademark registration by holding programs such as Facilitation of IPR registration, IPR protection seminars for ecraf products and IPR socialization etc.Keywords : Trademark, Startup Digital,Trademark Registrasion.
PertanggungJawaban Pidana Terhadap Dokter Atas Kesalahan Diagnosis Secara OnlinePada Klinik Kecantikan Online Regitamara Delfirani Rosa; Evi Deliana; Erdiansyah Erdiansyah
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 percentage of errors diagnosed by doctors to patients in online clinics, it is one of the challengesthat must be faced for advancement in the health sector. A study conducted by the association of trial lawyerof America shows that the percentage of doctors misdiagnosed is as much as two percent of the totalpatients who undergo examinations in the clinic. Patients who are misdiagnosed usually have atypicalsymptoms that make diagnosis more difficult. If a diagnosis error by a doctor occurs, the doctor should orcan be held accountable, because in general everyone is responsible not only for the loss caused by hisactions, but also for losses caused by negligence or inadvertence.The formulation of the problem in this research is, first, how is the online clinic's legal positionbased on the Law of the Republic of Indonesia Number 36 of 2009 concerning Health? second, how is thecriminal responsibility against doctors based on the Law of the Republic of Indonesia Number 29 of 2004concerning Medical Practices?The research is a normative legal reseach. From the results of the problem research there are twomain things that are collected, first, the position of online clinical criminal law in the provision of healthservices is based on the Law of the Republic of Indonesia Number 36 of 2009 concerning Health that everyperson has the right to obtain safe, quality and affordable health services. Second, the accountability ofcriminal law against doctors is based on the Law of the Republic of Indonesia Number 29 of 2004concerning Medical Practices, namely if a doctor commits a mistake made by a doctor or other healthworker which causes damage or disability in the victim's body negligently.Keywords:criminal liability, diagnosis, health services
ANALISIS YURIDIS STRICT LIABILITY SEBAGAI PERTANGGUNG JAWABAN PIDANA KORPORASI TERHADAP DUMPING LIMBAH B3 KE MEDIA LINGKUNGAN BERDASARKAN UNDANG – UNDANG NOMOR 32 TAHUN 2009 TENTANG PENGELOLAAN DAN PERLINDUNGAN LINGKUNGAN HIDUP Ganda Martunas Sihite; Zulfikar Jaya Kusuma; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

The principle of strict liability is criminal liability which is charged tothe perpetrators of criminal acts with no errors. In its development, the regulationis always associated with environmental laws. In Indonesia, the principle of strictliability is contained in the provisions of Law Number 32 of 2009 concerningManagement and Environmental Protection in article 88. Implementation of lawenforcement against B3 waste dumping by corporations often causes injusticeagainst the community as victims. This departs from the understanding of lawenforcers who do not apply the principle of absolute liability (strict liability) aswell as an understanding of these principles which must be straightened outespecially with regard to articles and paragraphs a quo which are easilyinterpreted incorrectly.This research is a normative legal research that is research thatexamines secondary material or based on standardized rules that have beenrecorded whose scope of discussion is about legal principles, namely the principleof geen straft zonder schuld, and the principle of benefits; caution, justice listed inthe provisions of article 2 letters e, f, and g of UUPPLH-2009. So it is clearly andin detail illustrated the problem to be studied. Data sources used are secondarydata sources consisting of primary legal materials, secondary legal materials, andtertiary legal materials. Data collection techniques used by the literature reviewmethod.From the results and discussion that have been reviewed, the criminalliability for the B3 waste dumping crime against corporations based on theprinciple of strict liability, its application is very effective. Then the minimumapplication and understanding of the precautionary principle as stated in theUUPPLH-2009 principle in article 2 letter f becomes the reason for theimposition of criminal liability towards corporations based on the principle ofstrict liability. Furthermore, ideally the principle of strict liability for B3 wastedumping by corporations based on UUPPLH-2009 must consider that the elementof error as an embodiment of the principle of "no criminal without error" or"geen straft zonder schuld" must be set aside for B3 waste dumping crimescommitted by corporation.Keywords: Criminal Liability - Strict Liability - Corporations - Dumping and B3 Waste.
PENERAPAN ASAS AUDI ET ALTERAM PARTEM PADA PERKARA WANPRESTASI DALAM HAL KETIDAKHADIRAN PIHAK TERGUGAT DI PENGADILAN NEGERI PEKANBARU Desi Bangun; Evi Deliana; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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In the civil procedural law the judge must listen to both parties (Audi Et Alteram Partem) based on Article 4 paragraph (1) of Law Number 48 Year 2009 concerning Judicial Power. However, in practice the application of this principle has not been well implemented, due to the absence of the defendant in the trial process. Based on this fact, there are 3 problem statements in the writing of this thesis, namely: First How is the application of the Audi Et Alteram Partem principle in the Default Case in the absence of the defendant in the Pekanbaru district court decision? Second How is the resolution of the Audi Et Alteram Partem principle in the Default Case in the absence of the defendant in the Pekanbaru District Court? and the obstacles faced by the Pekanbaru District Court judges in applying the principle of Audi Et Alteram Partem to the Default Case in the absence of the defendant?This type of research is sociological research, because this study the author directly conducts research at the location or place under study in order to provide a complete and clear picture of the problem under study. The study was conducted at the Pekanbaru District Court, while the population and sample were all parties concerned with the problem under study, the data sources used were primary data, secondary data, and tertiary data, the data collection techniques in this study were interviews and literature review.From the results of this study have 3 main things that can be concluded. First. The application of the Audi Et Alteram Partem principle has not gone well in the Pekanbaru District Court. Second, the settlement of the case for default in the absence of the defendant. Third, the obstacle faced by the judge is the inactivity of the defendant to attend the trial process.Keywords: Application-principle-Audi Et Alteram Partem-Absenteeism

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