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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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PENGELOLAAN TANAH ADAT PADA MASYARAKAT ADAT BATAK TOBA DI KELURAHAN BARISAN PANCUR NAULI KOTA PEMATANG SIANTAR Hendra Pranata; Hayatul Ismi; 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

Legal actions involving customary land that often occur are the pawn of customary land, Bataktoba indigenous people are more familiar with the term pawn. In this pate, traditional customary land canbe transferred to the owner even though the new owner is not from the inheritance line or a member of atraditional association (huta). The problem that often also occurs is when a family has ownership rightsover a customary land but the family does not have a lineage to inherit the customary land. If this happensto which party will receive from the ownership rights of the customary land. Of course this would be adebate among various parties in the village if the previous customary landowners did not give a will on therights of the customary land. Based on the background described above, the authors were interested inconducting research relating to the management of customary land to indigenous peoples. The title of theauthor was: "Management of Customary Land in the Toba Batak Indigenous Peoples in the Village ofBarisan Pancur Nauli, Pematang Siantar City."Based on the description of the background of the problem, the authors formulated the problem asfollows: first, namely, what is the background of customary land management of the Toba Batak indigenouspeople in the Village of Barisan Pancur Nauli, Pematang Siantar City? Second, what efforts should be madeby indigenous peoples in managing customary lands that are in accordance with customary landmanagement in the Toba Batak indigenous people in the Barisan Pancur Nauli Sub-District, PematangSiantar City?The conclusion of the study by the author that the Background of Customary Land Management inthe Toba Batak Indigenous Peoples in Barisan Pancur Nauli Subdistrict, Pematang Siantar City, was foundto be dominated by four clans namely Tampubolon, Simangungsong, Napitupulu, and Sianipar, landmanagement by selling land, pawning land and leasing land soil. Efforts made by the Toba Batakindigenous people still adhere to the Dalihan no tofu principle, which is one of peaceful dispute resolutionwithout involving things that harm many people. Suggestions from the authors are that efforts to buy andsell customary land so the government can participate in avoiding unwanted conflicts , then preventing thesale and purchase of land to outsiders so that the customary land is maintained and always exists.Keywords: Toba Batak Land Management
GAGASAN KRIMINALISASI TERHADAP PELECEHAN SEKSUAL SECARA VERBAL DALAM PEMBAHARUAN HUKUM PIDANA DI INDONESIA Indah Aidina Prihadi; Emilda Firdaus; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Sexual violence is a violation of human rights, crimes against human dignity, and forms of discrimination. One form of sexual violence is sexual harassment. Sexual harassment is the behavior of approaches related to unwanted sex, including requests for sex, and other behaviors that verbally or physically refer to sex. One of the problems regarding sexual harassment is verbal sexual abuse which is increasingly widespread considering there is no awareness of being able to reduce or ensnare perpetrators into a sentence.This type of research can be classified in normative legal research, namely legal research conducted by examining library materials. In this research, we focus on legal principles. Data collection techniques used in hormonal law research is a library research method that is utilizing the library as a means of collecting data, by studying books as reference material related to the problem to be examined.The conclusions that can be obtained from the results of the study are First, a clear and unequivocal arrangement does not yet exist against verbal sexual harassment in the renewal of criminal law in Indonesia. This is due to verbal or sexual abuse in the Criminal Code (KUHP) or other regulations that still do not regulate verbal sexual abuse or sexual abuse as a criminal act that occurs in the community. so the impact is also still there and law enforcement cannot yet be done. Second, the limitation on the criteria for verbal sexual harassment in criminal law reform in Indonesia still does not provide certainty related to the criteria for verbal sexual harassment. This can be seen in the Criminal Code (KUHP) and other regulations. When seen in the Criminal Code (KUHP), sexual harassment cannot be internalized. The Criminal Code (KUHP) only recognizes the term obscene deeds regulated in Articles 289-296 with the meaning of acts that violate decency, heinous acts and in lustKeywords: Ideas, Criminalization, Acts of Sexual Harassment, Verbals, Criminal Law Reform,
Pelaksanaan Tanggung Jawab Sosial Perusahaan Sarulla Operation Ltd Dalam Menangani Keluhan Masyarakat Atas Aktivitas Perusahaan Terhadap Masyarakat Di Kecamatan Pahae Julu Kabupaten Tapanuli Utara Mercy Yuliana Sitompul; Hayatul Ismi; Ulfia Hasanah
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

This study discusses the implementation of Sarulla Operation Ltd's corporate social responsibilityin handling community complaints about the company's activities towards the community in Pahae JuluDistrict, North Tapanuli Regency. Corporate Social Responsibility (CSR) is a continuing commitment fromthe business world to act ethically and contribute to the economic development of the local community orthe local community. Based on Article 74 paragraph (1) of the Limited Liability Company Law, henceforthreferred to as the Company Law, each company is obliged to budget and run CSR programs for theenvironment and society. The community wants the existence of companies to contribute to the welfare ofsociety. The purpose of writing this thesis, namely; First, to find out how the implementation of SarullaOperation Ltd's corporate social responsibility towards the community in Pahae Julu Subdistrict, NorthTapanuli Regency, Secondly, to find out how the complaint handling mechanism was carried out by SarullaOperations Ltd to the community on the impact of company activities in Pahae Julu District, TapanuliRegency North.The type of legal research used by the author is a type of sociological legal research. Thisresearch was conducted at Sarulla Operation Ltd. Company Sociological legal research uses primary dataand secondary data, while the population and samples are parties related to the problems studied, namelythe company and the community. The technique of collecting data in this study was library research,interviews and questionnaires.From the results of this study the authors conclude that CSR carried out by the company has beenimplemented well but there are still a number of programs that have not been implemented optimally,programs implemented by the company consist of education, health, agriculture or livelihood development,infrastructure improvement, culture, art and religion. The complaints handling mechanism carried out bythe company is tracking complaints and handling mechanisms, receipts of complaints, joint surveys andinvestigations, categorization and handling of complaints, resolutions, informing complainants aboutresolution, execution, feedback complaints, closing complaints, sources and responsibilities.Keywords: Corporate Social Responsibility – Corporate - Society
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENYELUNDUPAN BARANG ELEKTRONIK DI WILAYAH KABUPATEN KEPULAUAN MERANTI Pandapotan Uli Sitorus; Dessy Artina; 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

Smuggling in essence can be interpreted as an act of approving, conducting,sending, goods with not fulfilling the applicable laws and regulations, or notfulfilling customs formalities stipulated by law. First, law enforcement carried outby Customs and Excise PPNS on electronic goods smuggling, Second, Factors notcarried out investigations, Third, Law Enforcement carried out by PPNS is inaccordance with legislation.This research is sociological legal research that is research that wants to seethe unity between law and society with the gap between das sollen and das sein.This research was conducted in the customs area of the long strait excise law,while the population and samples were all parties involved in the problemexamined in this study, the data sources used, primary data, and secondary data,data collection techniques in this study were conducted through interviewingliterature review and questionnaireThe conclusion of this study is First the actions taken by Customs and ExcisePPNS to eradicate smuggling of electronic goods, namely in the form ofpreventive and repressive law enforcement. Preventive law enforcement, namelyobservation and patrol, repressive law enforcement, namely making arrests andseizures. The second causes the absence of an investigation into the alleged crimeof smuggling electronic goods is evidence that has been destroyed before theinvestigation is carried out. Third, law enforcement for smuggling of electronicgoods by PPNS has not been in accordance with the laws and regulations becausethe goods from the capture have been destroyed before investigation.The author's advice on the problems examined is First the Customs andExcise strait provides an understanding of the impact of electronic goods. Bothinvestigations on electronic goods smuggling must be in accordance with legalprocesses in accordance with the criminal justice system in Indonesia. Customsand Excise on electronic smuggling in Meranti island districts must be carried outin accordance with applicable provisions of the customs lawKeywords: Law Enforcement-Crime Electronic smuggling
TINJAUAN TERHADAP PEMENUHAN HAK-HAK KONSUMEN OLEH PENJUAL KARTU DATA INTERNET DI KOTA PEKANBARU Kurniawan, M. Hapis; Bachtiar, Maryati; Hasanah, Ulfia
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

Internet services is very necessary to support daily activities. So don’t be surprised if there are manyoutlets that sell internet cards. Currently in the sale of internet data cards, there are often problems thatharm consumers such as the delivery of incorrect information by business actors to consumers. Thisinformation includes information about card activation, number of data packages, data packet time division,and expiration. The purpose of writing this essay, namely; First, fulfillment of consumer rights by internetdata card sellers. Second, the application of the principle of good faith by internet data card sellers. Third,legal protection against violations of consumer rights by internet data card sellers.This type of research can be classified in the type of sociological juridical research, because in thisstudy the author immediately conducted research on the location or place under study. This research wasconducted at the internet data card sales counters spread in Tampan District, Pekanbaru City. While thepopulation and sample are all parties related to the problems examined in this study. Data sources used areprimary data, secondary data and tertiary data. The data collection techniques in this study wereobservation, interviews, questionnaires and literature.From the results of the problem research there are three main things that can be concluded. First, thefulfillment of consumer rights by business actors has not been fully implemented. Consumer rights that arenot fulfilled include the right to correct, clear and honest information regarding the condition and guaranteeof goods; the right to hear opinions and complaints about the goods used; the right to be treated or servedcorrectly and honestly; and the right to get compensation, compensation and / or reimbursement. Second,the application of the principle of good faith in carrying out business activities as required by the UUPK hasnot been properly implemented by business actors. The majority of business people do not know the termgood faith. However, he is more familiar with the term honesty in carrying out business activities. Butdespite knowing about honesty, in practice this is often forgotten. Third, business actors are responsible forconsumer losses. The responsibility is in the form of a re-explanation of the product and compensation in theform of refunds or replacement of goods. Suggestion from the Author, First, education and awareness ofconsumers and business actors must be cultivated because it is very important. A consumer must know hisrights so that he can demand fulfillment of these rights to the seller. Second, the obligation to have goodintentions in carrying out business activities must be understood correctly by business actors. Businessactors may not take profits at the expense of others. Third, there must be socialization carried out byrelevant agencies regarding the Consumer Protection Act.Keywords: Consumer Rights - Obligations of Business Actors - Good Faith - Responsibility
Gagasan Kebijakan Hukum Pidana Perluasan Makna Zina Pada Pasal 284 Kitab Undang-Undang Hukum Pidana Dikaitkan dengan Putusan Mahkamah Konstitusi Nomor: 46/PUU-XIV/2016 Sakti, Usman Bima; Indra, Mexsasai; 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 Criminal Code Draft Team made efforts to renew the adultery offense, which is about theadulterers who originally were married men and married women as regulated in positive law in the 2017Criminal Code Draft Article 484 includes men and women who are not bound by each legal marriage withother people. In addition to causing pro-contra, this is exacerbated by the protracted discussion of theCriminal Procedure Code that there are no signs that will be ratified since 1963 until an idea emerges toexpand the meaning of zina through the Constitutional Court but it is rejected by the Constitutional Court.The impact of this adultery can damage the moral and religious values that exist in Indonesian society basedon the supreme divinity, so that gradually this action seems to be a legalized act because of the lack of rulesLaw in Indonesian positive law is a threat to national identity.This type of research used in legal research is a normative juridical method, this research isdescriptive, that is a study that aims to describe the problem clearly and in detail. The source of the dataused secondary data and tertiary legal materials. Data collection techniques in this study with the literaturereview method after the data collected is then analyzed to draw conclusions.From the results of the research and discussion, it can be concluded that, First, the reasons derivedfrom the foundation of moral values / national agreements which state that zina violates the values ofmorality (national agreement) that exist in Pancasila which contain values based on national life for theOne Godhead (religious moral values). Second, the regulation of adultery in the Criminal Procedure Codetends to be overcriminalized and does not pay attention to the impacts that can occur. Third; In order toavoid the implications of legal chaos, the regulation regarding zina should not over criminalize or exposethe principle of ultimum remedium and to overcome the protracted drafting of the RKUHP, the progressivelegal breakthrough is needed by the Constitutional Court to expand the meaning of zina in Article 284 of theCriminal Code In the Constitutional Court Decision Number: 46 / PUU-XIV / 2016 the majority of judgesstill use the legal positivist thinking pattern, which results in the rejection of the material test suit. the strongflow of public opinion that wants the Constitutional Court to be a way out of the deadlock that occursbecause the thing being tested is contrary to moral values.Keywords: Criminal Law Policy - Adultery - Judge's Decision
PENEGAKAN HUKUM TERHADAP KASUS POLIGAMI SECARA NIKAH SIRI BERDASARKAN PUTUSAN HAKIM PADA PERKARA NOMOR 363/PID.B/2013/PN.Tng DAN PERKARA NOMOR 114/PID/2007/PT.Btn Nurdianti Nurdianti; Zulfikar Jayakusuma; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Polygamy is a marriage where a partner of the sex who has more than one partner at the same time with the terms and conditions. In Article 279 of the Criminal Code it has been stated that prohibiting marriage more than once will be punishable by imprisonment of 5 (five) years if it does not meet the requirements. In decision number 363/Pid.B/2013/PN.Tng which recognizes the validity of Siri marriage and decision number 114/Pid/2007/PT.Btn which does not recognize the validity of Siri marriage against polygamists.This research uses library research method. This research was conducted by examining the laws, documents and literature relating to the research material. The research approach used in this research is descriptive analysis, which uses research on the systematic system of law and examines the norms that exist in criminal law and criminal law rules, especially the Criminal Code (KUHP) and Law 1 of 1974 concerning Marriage, then the data will be analyzed based on normative-juridical.From the results of research and discussion it can be concluded that, Firstly, law enforcement in the decision of the judge against the polygamist perpetrators with case number 363/Pid.B/2013/PN.Tng that the Panel of Judges has been right in examining and deciding the case. Whereas in the decision number 114/Pid/2007/PT.Btn that the Panel of Judges was negligent in examining and deciding the case. The judge's interpretation in the above ruling is to acknowledge the validity of the marriage and not acknowledge the validity of the marriage itself. Whereas the factors causing the uneven uniformity of the judge's decision are that the judge has freedom in deciding the case, the judge's self, and the thought contingency of the judge.Keywords: Polygamy, Siri Marriage, Judge's Decision
PENERAPAN SANKSI PIDANA TERHADAP ANGGOTA SATUAN POLISI PAMONGPRAJA YANG MELAKUKAN TINDAK PIDANA KEKERASAN TERHADAP PEDAGANG KAKI LIMA DI WILAYAHKOTA PEKANBARU Indah Tri Wahyuni; Dessy Artina; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

The Civil Service Police Unit is a regional government tool in providing peace and public orderand enforcing regional regulations. In addition, the civil service police unit can also carry out publicwelfare and provide the best service to the public, the civil service police unit requires certain powers to actaccording to their own initiatives and policies, especially in urgent circumstances and where there are norelevant regulations.This study is a sociological juridical research that is a type of research to see the effectiveness ofthe law in the field in accordance with the reality of life in society. This research was conducted at thePekanbaru City Police Department on the grounds that there were still many members of the Satpol PP whocommitted violent crimes against the street vendor. While the population and sample are parties related tothe problems examined in this study, the data sources used, primary data, secondary data, and tertiary data.The technique of collecting data in this study was by interviews, questionnaires and literature review.From the results of the research the authors concluded, first the application of criminal sanctionsto members of the civil service police unit who committed violations where the apparatus only gavesanctions in the form of reprimand, and in this case the sanctions given by the apparatus were certainly noteffective and not in accordance there is. Second. Sanctions that should or ideally be given to members of thecivil service police unit who commit a crime of violence are in accordance with Article 351 of the CriminalCode concerning Persecution, namely imprisonment and criminal penalties and Discipline Sanctions givenby the agency of the Civil Service Police.Keywords: Application of Sanctions - Civil Service Police - Violent Crimes.
STUDI PERBANDINGAN KELEMBAGAAN NEGARA ANTARA INDONESIA DENGAN THALAND (PERBANDINGAN KOMISI YUDISIAL DENGAN JUDICIAL COMMISSION) DALAM RANGKA MEMPERKUAT KOMISI YUDISIAL DI INDONESIA Adisti, Evi Lidia Tri; Firdaus, Emilda; Artina, Dessy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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The Judicial Commission is an organ of a State institution within the scope of judicial power, but theJudicial Commission is not an institution or organ that carries out judicial power such as the ConstitutionalCourt and the Supreme Court. In the constitutional law, the term comparative law with the termComporative method (comparison) is to compare two objects or more investigations namely similarities anddifferences that show the true nature of the two objects being compared. By comparing the constitutions ofeach country and in the context of looking for universal values regarding KY, and to find similarities ordifferences as ingredients for comparison, this is expected to be able to contribute to the existence of KY inthe constitutional system in Indonesia.The purpose of this thesis is; first, to know the General Principles in Comparison of JudicialCommission in Indonesia with the Judicial Commission in Thailand. Second, to find out the comparison ofthe Judicial Commission in Indonesia with the Judicial Commission in Thailand, in order to strengthen theJudicial Commission in Indonesia. The type of research that the author uses is the type of Normative legalresearch, the type of Normative Legal Research is a study that discusses the principles of law, legalsystematics, the extent of legal synchronization, legal history and legal comparison. The theoretical basisused is the theory of the rule of law, the theory of state institutions, the theory of the limitation of power.From the results of the study, the two main things that can be concluded Judicial Commission is thefirst, a State institution formed based on a constitution whose arrangements are within the judicial powerregulation. KY provisions are regulated in article 24B paragraph (1) of the 1945 Constitution. Second, thebasis of the arrangement between the Indonesian Judicial Commission and the Thai Judicial Commissionare both located within the Constitution of each State and located within the judicial institution.Based on this, Indonesia should involve KY in the formation of an ethics council. In order for thejudicial commission to carry out the mandate mandate as stipulated in article 24B of the 1945 Constitution,it states that KY is independent, and has the authority to maintain and uphold the honor, dignity, andbehavior of judges.Keywords: State institutions, judicial power, Judicial Commission.
KEBIJAKAN PERLINDUNGAN HUKUM TERHADAP GURUDARI UPAYA KRIMINALISASI GURUDALAM DUNIA PENDIDIKAN Putra, Dharma Yuda; Artina, Dessy; Rahmadan, Davit
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Abstract

In the sense that education is often interpreted as a human effort to foster his personality inaccordance with the valuesin societyand culture. The educational process carried out and carried out by anation, in an effort to foster and develop national character or personality, advance the life of the nation invarious fields of life, and achieve the national goals concerned is what is called the national educationsystem which usually grows and develops from the history of the nation concerned, which is influenced byvarious factors and resources as well as the potential that exists in the nation besides the external factors, ofcourse, but the problem that currently often occurs and becomes an unresolved problem is thecriminalization of teachers. Where the teacher must deal with the law if giving sanctions to students whomake mistakes. Even though the sanction given by the teacher has been regulated in GovernmentRegulation Number 74 of 2008 concerning Teachers. This regulation was followed up by Law No. 14 of2005 concerning Teachers and Lecturers. Based on this understanding, the writer of this thesis formulatestwo formulations of the problem, namely: first, what is the legal protection policy for teachers from theattempt to criminalize teachers in the world of education. Second, how is the ideal concept to overcome thecriminalization of teachers in carrying out the educational process.This type of research can be classified in normative juridical research, because this research isconducted by examining secondary data and approaches to law, this normative study examines the legalprinciples of reasons that can eliminate criminal. The data sources used are, primary data, secondary data,tertiary data, data collection techniques in this study are normative juridical, the data used is libraryresearch.In the results of the problem research there are two main things that can be concluded. First, thelegal protection policy for teachers has been regulated in the Law, but the course of the rule of law is stillproblematic with the cases that the authors explain. The second needs a review of the Child Protection ActArticle 35 of 2014, which states that children get protection from acts of violence in the world of education.Where protection from acts of violence that can get protection, because if left unchecked it will have anegative impact on both the teacher in educating and students as students.Keywords: Criminalization, Reasons for the Elimination of Criminal Procedure, Legal Policy, LegalProtection

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