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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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PENEGAKAN HUKUM TERHADAP TUKANG TULIS TOGEL DALAM TINDAK PIDANA PERJUDIAN JENIS TOGEL DI KABUPATEN KARO SUMATERA UTARA Rocky Handika Tarigan; Dessy Artina; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Gambling crimes are often found in various community environments Karo District. The essence is contrary to religion, morality and morality of Pancasila and dangerous society, nation and state and in terms of national interests. The type of gambling that is widely traded in Karo Regency is the type of Singapore Togel gambling and Hong Kong Togel (Tolam). Hoping that Togel's sales activities are profitable business activities. Every Writeer gets 15% (fifteen percent) of sales turnover for one round. The author intends to discuss the arrest of the Togel Writeman who is still selective. And the bandarundur was also never arrested by law enforcement officials. The purpose of this study was to study law enforcement carried out by law enforcers against the Togel Writeers in Karo District and violations in the enforcement and eradication of types of lottery crime in Karo District.This research was conducted in North Sumatra Karo District, which conducted research on the Tanah Karo Resort Police, Kabanjahe District Court and Kede Kopi (coffee shop) located in the Karo Regency area. The technique used in collecting data is observation, interview and literature study.From the results of the study, it can be concluded first, the implementation of law enforcement and eradication of scribes in the criminal acts of gambling types in the Karo Regency are carried out by law enforcement officials including preventive and repressive actions. Preventive and refresive law enforcement cannot be carried out maximally. The implementation of law enforcement on law enforcement for law enforcement officers is still selective. And there has not been a specific effort from law enforcement officials to provide the lottery gambling. In law enforcement by the Tanah Karo Resort Police are still focused on the existence of reports directly from the public. And second, the obstacles in the enforcement and eradication of criminal acts of gambling in the North Sumatra Karo Regency consist of two factors, namely internal factors and external factors. Internal factors are the inhibiting factors that come from within the body of law enforcement officers, namely from the Tanah Karo Resort Police Agency which consists of: constraints to law enforcement, constraints on facilities and infrastructure, professionalism of law enforcement officers, low knowledge of law enforcement officers. And external factors are inhibiting factors that come from outside the body of the Tanah Karo Resort Police, which include: a network of organized gambling syndicates, the presence of persons who protect the circulation of criminal gambling gambling, community constraints, regulatory constraints.Keywords: Law Enforcement-Crime-Gambling-Togel
IMPLEMENTASI PENGAWASAN TEMPAT HIBURAN UMUM BERDASARKAN PASAL 4 PERATURAN DAERAH NOMOR 3 TAHUN 2002 TENTANG HIBURAN UMUM (STUDI KASUS HIBURAN PUB DI KOTA PEKANBARU) Sopiatun Wahyuni; Evi Deliana; Dessy Artina
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

Implementation of supervision of public entertainment venues especially Pub entertainment that violates Article 4 of Regional Regulation No. 3 of 2002 concerning General Entertainment, in the implementation of supervision carried out by Pekanbaru City Government which is appointed directly by Regional Officials as part of government assistance is the Civil Service Police Unit. The enactment of the Government Regulation of the Republic of Indonesia Number 16 Year 2018 concerning the Civil Service Police Unit affirmed in Article 1 Paragraph 1 The Civil Service Police Unit, hereinafter referred to as the Satpol PP, is a regional apparatus established to enforce Regional Regulations and Regional Head Regulations. community protection. Public entertainment venues specifically Pubs in Pekanbaru City have violated Article 4 of Regional Regulation No. 3 of 2002 concerning General Entertainment and the Pekanbaru Civil Service Police Unit has the duty to control and carry out supervision according to the rules imposed. But the fact is that there are still weaknesses in carrying out supervision carried out by Pekanbaru City Government.This type of research is Sociological Descriptive, in this study the author immediately conducted research on the location or place under study in order to provide a complete and clear picture of the problem under study. This research was conducted at the MP Executive Club & Karaoke, the Civil Service Police Unit and the Pekanbaru City DPRD, while the population and samples were all parties related to the problem under study. The data sources used are primary data, secondary data and tertiary data, data collection techniques in the study carried out by interviews, digital documentation and literature studies.The results of the study can be concluded that the supervision carried out by the Civil Service Police Unit was directly assessed as not yet firm and weak. There has been no firm effort so far on existing sanctions to be enforced by the Pekanbaru City Government against business owners who violate Article 4 of Regional Regulation Number 3 Year 2002 concerning General Entertainment. This caused many businesses to violate and feel safe in opening Pub.Keywords: Supervision - Pub Entertainment - MP Executive Club & Karaoke - Civil Service Police Unit
IMPLEMENTASI PENJUALAN OBAT HARGA ECERAN TERTINGGI (HET) DALAM RANGKA PERLINDUNGAN KONSUMEN OLEH PELAKU USAHA APOTEK DI KOTA PEKANBARU Topan, Wisnu; Bachtiar, Maryati; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The pharmacy is a place to do pharmaceutical work and distribution of health supplies as well as one place for consumers to buy drugs, pharmacies are places that provide or sell drug needs for consumers to meet the needs of drug users. Business people or pharmacies are places where people sell drugs. Along with the development of the age, it is known that the term drug is a material or alloy of materials, including biological products that are used to influence or investigate the physiological system or pathological conditions in the framework of determining diagnosis, prevention, healing, recovery, improvement in health and contraception, for humans.The problem that the authors base on this research is how the implementation of drug sales on HET in the city of Pekanbaru and what efforts can be made by consumers towards the sale of drugs on HET in the Pekanbaru City area, while the purpose of this study is to find out whether the price of drugs has been in accordance with the Decree of the Minister of Health in the area of Pekanbaru City and to find out what efforts can be made by consumers on the sale of drugs on HET at pharmacies in the city of Pekanbaru.This type of research is classified into empirical or sociological research, because in this study the author directly conducts research on the location or place under study in order to provide a complete and clear picture of the problem under study. This research was conducted at a pharmacy in the city of Pekanbaru and Pekanbaru City Health Office and BPOM Pekanbaru City, the data sources used were: primary data and secondary data, data collection techniques in this study by observation, interviews and literature review.The results of this study are that the drug price determination by the government is based on allegations of cartel indications in drug sales, so the Business Acting Competition Commission (KPPU) urged the government to set the highest retail price on drugs, and KEPMENKES No. 2006 was issued. 069 / Menkes / SK / II / 2006 concerning the Inclusion of the Highest Retail Price (HET) in number 3 "That the public needs to get information about the Highest Retail Price (HET) from the drugs they consume in learning and consumer protection efforts," which have now been updated with KEPMENKES RI Number 98 of 2015, in fact there are still many business people who sell drugs on HET, this violates the provisions of Law Number 8 of 1999 concerning Consumer Protection, which are written in Article 60 to Article 63 can be in the form of administrative sanctions and sanctions principal crimes, as well as additional forms of seizure of certain goods, announcement of judges' decisions, compensation payments, orders to terminate certain activities that cause consumer losses, obligations to withdraw goods from circulation, or revocation of business licenses.Keywords: Pharmacy, Business Actor, HET Drug.
URGENSI PERLINDUNGAN HUKUM TERHADAP PENGGUNA JASA TRANSPORTASI ONLINE YANG MENJADI KORBAN TERJADINYA TINDAK PIDANA DI INDONESIA Panjaitan, Hertavip Dewantara; Artina, Dessy; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

The important role of this transportation service can be seen by the increasing need fortransportation services for the mobility of people and goods from and throughout the country. But thepresence of online transportation, both online motorcycle taxis and online taxis, has a chaotic existencewhich never stops accompanied by various controversies. Therefore, the urgency of legal protection forusers of online transportation services who are victims of criminal acts requires legal reform that regulatesthe legal protection of users of online transportation services who are victims of criminal acts in Indonesia.Given the development of our transportation at this time continues to grow, especially the existence ofonline transportation that is still not clearly and clearly regulated.This type of research is normative juridical research that is research conducted by examiningliterature discussion with secondary data sources consisting of primary legal material in the form of lawsand regulations, secondary legal material legal books, and tertiary legal material in the form of adictionary. Then the data were analyzed qualitatively, namely analyzing descriptive data obtained fromsecondary data.From the results of the study it can be concluded that, first, that the legal arrangements againstcrimes committed by online transportation in Indonesia use regulations, such as the Criminal Code andsometimes also online transportation is inseparable from Law Number 8 of 1999 Concerning ProtectionConsumer. Until now there has been no regulation that specifically regulates the existence of onlinetransportation. Where the new government is able to make a regulation in the form of MinisterialRegulation No. 12 of 2019 concerning the protection of the safety of motorcycle users which is used for thebenefit of the community. Second, the urgency of legal protection for users of online transportation serviceswho are victims of criminal acts is needed. This is because the company and the government seem to payless attention to the rights of users of online transportation services, especially those who are victims ofcriminal acts committed by online transportation drivers which cause material or immaterial losses.Keywords: Urgency - Legal Protection - Users of Online Transportation Services - Victims -Criminal Acts
DENDA ADAT TERHADAP PERJANJIAN PEMBATALAN PERTUNANGAN DI KABUPATEN PELALAWAN Martha, Cici Wia; Firdaus, Firdaus; 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

The engagement process usually has a tradition of giving each other gifts.This engagement is still possible to be canceled. Unilaterally canceling anengagement, among other things, provides reasonable (reasonable) reasons forthe other party to cancel the marriage or resign without mentioning the reasonsthat can be recognized. In practice, the cancellation of the engagement of one ofthe parties does not fulfill its promise, then the sign must be returned in theamount or multiplied from what was received but the fine is replaced not inaccordance with customary provisions causing conflicts. The purpose of writingthis thesis, namely: First To find out the mechanism of fines for the cancellation ofthe engagement agreement, Second To find out efforts to resolve disputes on thefulfillment of fines of the cancellation agreement by women who are not inaccordance with customary provisions.This type of research can be classified as sociological, because in this studythe authors directly conducted research at the location or place under study inorder to provide a complete and clear picture of the problem under study. Thisresearch was conducted in Angkasa Village, Bandar Petalangan Subdistrict,Pelalawan Regency, while the population and sample were all parties related tothe problems examined in this study, the source of the data used were primarydata, secondary data and tertiary data, data collection techniques in this studywith interviews and literature study.From the results of the study, it can be concluded that the first 2 things, themechanism of the fine for the engagement cancellation agreement has beenrunning properly where the woman replaces the fine with a plot of land on top ofthe house. can be valued with money according to customary provisions as muchas 2 (two) times. Secondly, efforts to resolve disputes regarding the fulfillment offines for cancellation of engagement by women that are not in accordance withadat provisions have already led to deliberations led by customary stakeholdersthemselves. However, the results of the deliberation were not valued and were notaccepted by either party. So ninik mamak provides a solution to resolve thisproblem to the legal path of the court where the decision will be incraht (legallybinding) and binding on the parties.Keywords: Customary Penalty-Cancellation-Engagement.
Tinjauan Yuridis Pelanggaran Hak Imigran Anak Dalam Kebijakan Zero Tolerance Amerika Serikat Dalam Perspektif HakAsasi Manusia Internasional Yogi Alda Hijra; Evi Deliana; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Abstract

Recent US policies have shown a shift in thinking from the concept of Universal Human Rightstowards the concept of human rights of citizens. By applying different standards to citizens and non-citizens.The President of the United States (Donald Trump) took action in the form of an entry ban for immigrantsfrom six countries to protect the United States from militant attacks. Donald Trump's policy is known as thezero tolerance policy. The zero tolerance policy adopted by Donald Trump in May resulted in all bordercrossers without official documents being criminally charged and imprisoned. Whereas their children(immigrants) are placed separately by their parents. They were taken to a place managed by the Ministry ofHealth and humanitarian services. They should not be treated with actions that conflict with the rules thatprotect the rights of the child.This study uses a normative legal research typology, which more specifically discusses the principlesof law. In this study the author uses the nature of descriptive research, because the author describes thereality investigated by researchers regarding children's rights violated by the United States through a zerotolerance policy. The results of the research conducted by the author are, the first zero tolerance policy is thecause of violations of the rights of child immigrants in the United States because of American presidentDonald Trump with children's rights that cannot be separated from his parents. Second, the internationalhuman rights perspective in resolving the problem of violations of child immigrant rights in the zerotolerance policy of the United States, namely that children have rights to be recognized in international law.Basically, human rights and children's rights must be respected and implemented.Keywords: Violations - Child Immigrant Rights - Zero Tolerance - International Human Rights
ANALISIS YURIDIS TERHADAP SISTEM PEMBUKTIAN PADA KEJAHATAN PERETASAN SITUS WEBSITE Ardiansyah Ardiansyah; Evi Deliana; 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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The crime of website hacking is already a widespread crime in Indonesia. Crime of website hacking is a type of crime that is difficult to detect. Unlike ordinary conventional crimes, crime victims generally do not realize that they have become victims, they generally do not report because they think that the existing law has not ensnared the perpetrators, the lack of knowledge of the legal apparatus regarding technological developments so that they are less able to anticipate the development of these crimes, also because they assume proving that a crime has occurred in front of the court is very difficult. The perpetrators of hacking website hacking there are charged with the applicable law, even though in reality there is no specific article governing the crime of hacking on the website. There should be a more specific regulation regarding the evidence system for hacking website mebsite crime because Indonesia is a country that adheres to the principle of legality, if a crime occurs then it will be seen whether there are legal provisions that govern it and whether the existing rules can be enforced. Based on this understanding, the authors identify two problem formulations, First how the type of modus operandi in website hacking crimes is rife in Indonesia. Second, how is the weakness of the evidentiary system in the crime of hacking websites in Indonesia.This type of research can be classified in normative juridical research, because this research is conducted by examining secondary data and approaches to law, this normative research examines the principles of legal principles of law. The data sources used are, primary data, secondary data, tertiary data, data collection techniques in this study are normative juridical, the data used is library research.Based on the results of research and problems in this study is the modus operandi of the crimes of hackers that is to find the target computer system that is about to be entered, then infiltrate and tap the password, and the last is exploring the computer system. Weaknesses in the system of proving hacking websites can be seen from the legal instruments which are one of the obstacles in proving the crime. This can be felt as if the crimes committed by law enforcers are not ready or even unable (technological stuttering) to investigate the perpetrators and the evidence used in connection with this form of crime is difficult to detect. In general, investigators are still very minimal in mastering computer operations and understanding of computers as well as the ability to conduct investigations of these cases.Keywords: Cyber Crime, Proof System, Website Hacking Website
Gagasan Penataan Mekanisme Impeachment Presiden dan/atau Wakil Presiden dalam Ketatanegaraan Indonesia Rahmah Nur Hasanah; Emilda Firdaus; Mexsasai Indra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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In a country, the role of a head of state in this case called the Executive is very important. That thereis power given to him. Executive power is the power that holds the highest administrative authority of thestate. The President's power seems very broad and is not explained in detail in the constitution. However, itdoes not mean unlimited presidential power. To compensate for the President's power, supervision is neededwhich leads to the process of Impeachment. One of the dynamics of constitutionality that clearly shows theclose relationship between legal processes and political processes is the process of dismissing the Presidentand / or Vice President as head of state. The process of dismissal of the President / or Vice-President isknown in the practice of constitution in various countries, in terms of this constitutional process referred toas Impeachment. The 1945 Constitution has undergone 4 (four) changes, one of the changes determinedthrough the fourth amendment to the 1945 Constitution is the direct election of the President and hisdismissal through a judicial process that is in addition to the DPR and MPR also involving theConstitutional Court in it.The research used is normative legal research, normative legal research is library legal researchconducted by examining library materials or secondary data. This study uses a research methodology forlegal principles. This research starts from certain fields of legal (written) governance, by first identifying thelegal rules that have been formulated in certain laws.From the results of the research that the authors did, it can be concluded that first, the process ofImpeachment of the President and / or Deputy President in Indonesia was initially regulated before theamendment to the 1945 Constitution. proposal by the DPR. Third, the MPR was made as a breakerinstitution due to the mandate of the 1945 Constitution and Representatives of the people in terms ofdeciding the Impeachment case against the President and / or Vice President in Indonesia.Keywords: Impeachment - President and / or Vice President – Constitution - Mechanism
GAGASAN PEMIDANAAN TERHADAP PELAKU KEJAHATAN PEMERKOSAAN MAYAT (NEKROFILIA) DALAM HUKUM POSITIF INDONESIA Kowland Hawary; Dessy Artina; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Necrophilia is a disease (abnormality) in the form of sexually interested to get a body, people who have sex with a corpse, and an abnormal sense of interest in the body. Necrofilia is commonly referred to as Thanatophilia or Necrolagnia. It is an abnormality of desire in the human body because it is attracted to sex with dead bodies. Along with the times, many people are acting out of their nature. Where many irregularities occur from human behavior itself. One deviation from the nature itself has sexual irregularities performed by someone who has sexual disorders such as Pedofhilia, Zoofhilia, LGBT (Lesbian, Gay, bisexual and Transgender), necrophilia and others. In Indonesia, there is no legal arrangement against the perpetrators of sex necrophilia, so it takes an idea that can cause a deterrent effect on the perpetrators of rape crimes against the Corpse (necrophilia). The purpose of writing this thesis, namely first, to know the EAS against the crime perpetrators of the body rape (necrophilia) in the positive law of Indonesia. Second, knowing the idea of the EAS against the criminal perpetrators of the body rape (necrophilia) in the positive law of Indonesia. Thirdly, knowing the EAS against the criminal perpetrators of rape (necrophilia) in the positive law of Indonesia.From the results of the problem research there are three main things that can be concluded. First, the chapters in the Criminal Code and the Criminal Code of the Penal Code are not clearly set up directly about the imposition of the rapist or body but there are some proceeding inside the Criminal Code and the Criminal Code that directs the deed Can be sentenced. Secondly, the arrangement of rape against dead bodies has not yet been legally governing only chapters 285 and 286 The CRIMINAL code is more directed toward people who are still living are not people who have died/died so clearly the law governing A rapist against a deceased person, this is what causes confusion in the community about what rules should be worn or applied.Keywords: Necrophilia-Rape of the Dead-Crimes
PERLINDUNGAN HAK PENGEMUDI DISABILITAS (TUNA DAKSA) DALAM PERJANJIAN KEMITRAAN ANTARA GO-JEK DAN MITRA KERJA PENGEMUDI DI PEKANBARU Tedy Desprianda; Emilda Firdaus; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Article 1 paragraph (3) of the Constitution 1945 states that Indonesia is a legal state. Thus the country guarantees the legal rights of its citizens by providing legal protection and legal protection will be the right for every citizen. Legal protections are provided to everyone including disabilities. People know the term disability or disability as someone who bears defects. Society mostly implies people with disabilities as individuals who lose members or body structures such as foot/hand, paralyzed, blind, deaf, etc. Everyone has the potential to become a disability. A person can be a disability not only because of the abnormalities in the womb, but disabilities can also occur in children, adolescents, adults, and older people. Anyone can get an accident on the highway, a work accident, or a victim of natural disasters. This can cause a person to become a disability. In addition, disability protection can also be interpreted as an effort to create an environment and public facilities that are accessibility for the similarity of opportunities for people with disabilities to live independently and in society. That means they also have the right to be independent in working like normal people anyway.Partnerships are efforts involving various sectors, community groups, government agencies and non-Governments to cooperate to achieve a common goal based on their respective principle and role agreements. It means that the essence of the partnership is "mutually beneficial to each party".The type of research used by the authors is a sociological law study that examines the legal aspects by looking at prevailing legislation and comparing with its implementation in the field by surveying. This research is conducted in Pekanbaru City, while the population and samples are the beauty of the parties relating to the investigation, data sources used, primary data, secondary data and tertiary data, data collection techniques in Research with observations, interviews, and library stusion.The result of this study there is still lack of government supervision over the importance of protection against people who are experiencing a disability condition, specifically contained in the partner agreement in the business of Go Jek Pekanbaru. There is still a gap in discrimination as well as lack of awareness from the company about the meaning in the justice in question, as well as the slow responses and resolutions regarding the problem.Keywords: legal protection, disability, partners

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