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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
Arjuna Subject : -
Articles 2,579 Documents
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TANGGUNG JAWAB PENYIDIK DALAM MENGAMANKAN BARANG BUKTI TINDAK PIDANA NARKOTIKA DI WILAYAH HUKUM KEPOLISIAN DAERAH RIAU RA, M. FAUZY; Effendi, Erdianto; Diana, Ledy
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 2018 the handling of drug crime cases in Riau has increased, comparedto 2017, the number of drug case handling rose from 1395 to 1900 cases. Thenumber of suspects also increased, from 1949 suspects in 2017 to 2647 suspectsin 2018. In the data, the number of evidence of drug addiction increased but itwas found that in the investigation process the amount of evidence secured wasreduced in number. The cause of the many cases in securing evidence of narcoticscrimes committed by investigators occurring in Indonesia cannot be deniedbecause of the lack of professionalism and performance of law enforcementofficers. If after the process takes place there is an error in determining thesuspect, then it can be questioned to the extent that officers and investigators playa role with their responsibilities in carrying out criminal proceedings.This type of research can be classified in the type of sociological legalresearch (empirical), because in this study the author immediately conductsresearch on the location or place under study in order to provide a complete andclear picture of the problem under study. This research was carried out in theRiau Regional Police jurisdiction, while the population and samples were theRiau Regional Police, Investigators of the Riau Regional Police and Actors ofNarcotics. The data sources used are primary data, and secondary data. Datacollection techniques in this study were interviews, questionnaires, and literaturereview.The conclusions that can be obtained from the results of the study areFirst, Legal Arrangements concerning investigations in securing evidence ofNarcotics crime are clearly and clearly regulated, but in practice are still oftenignored by law enforcement officials in conducting investigations. Second, theinvestigator's responsibility in securing evidence of narcotics crime, especially inthe Riau Regional Police jurisdiction, is still unprofessional in securing evidenceof narcotics crime and Third, Riau Regional Police Factors and Constraints insecuring evidence of Narcotics crime include lack of integrity of investigators whoare authorized to secure evidence of Narcotics crimeKeywords: Responsibility, Investigator, Evidence, Crime, Narcotics,
PERLINDUNGAN HUKUM BAGI DEBITUR TERHADAP KREDITURYANG TIDAK MELAKSANAKANKEWAJIBANPENGHAPUSAN (ROYA) JAMINAN FIDUSIA DI PT PEGADAIAN SYARIAH CABANG SUBRANTAS PEKANBARU Hikmah, Hidayatul; 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

Every object guaranteed by the Fiduciary Guarantee must be registered with theFiduciary Registration Office. The purpose of fiduciary registration is to guaranteelegal certainty and provide legal protection for the parties concerned. Fiduciaryregistration should end with the deletion (roya) of fiduciary guarantees as in Article 16paragraph (2) of Government Regulation Number 21 of 2015 concerning Proceduresfor Registration of Fiduciary Guarantees and Costs for Making Fiduciary GuaranteeActs. As long as the fiduciary recipient has not notified him of the abolition of thefiduciary guarantee and the issuance of the fiduciary guarantee certificate is no longervalid, the object which is the object of the fiduciary guarantee has not been erased andremains attached as a debt guarantee. in accordance with Article 7 paragraph (2) ofGovernment Regulation Number 21 of 2015 concerning Procedures for Registration ofFiduciary Guarantees and Costs for Making Fiduciary Deed Guarantees, the relevantfiduciary guarantees cannot be re-registered. The problems examined in this study are,how to carry out the elimination (roya) of Fiduciary Guarantee at PT. PegadaianSyari'ah Pekanbaru Subrantas Branch and how is the responsibility of PT. PegadaianSyari'ah Pekanbaru Subrantas Branch (creditor) to the debtor in terms of the removal(roya) of fiduciary collateral.The type of research that the author uses is juridical sociological researchapproach that emphasizes the legal aspects related to the subject matter to bediscussed, related to the reality that occurs in the field. In this case the authorsconducted research at PT. Pegadaian Syariah Subrantas Pekanbaru Branch. The dataused consists of primary data and secondary data. Technical data were collected byfield studies (interviews and questions and literature studies). Then analyzedqualitatively and make conclusions with deductive thinking methods.From the results of this study it can be concluded that there are two points thatcan be concluded. First, that the implementation of the obligation to delete (roya)Fiduciary Guarantee at PT. Pegadaian Syari'ah Pekanbaru Subrantas Branch has notbeen in accordance with applicable laws and government regulations. Second, that theresponsibilities that PT. pegadaian syari`ah Subrantas Pekanbaru Branch againstdebtors in the event of a problem in the future, namely the pawnshop in good faith willeradicate (roya) the fiduciary guarantee of the debtor by attaching their KTP, proof ofpayment and BPKB.Keywords: Fiduciary Collateral, Elimination (Roya) Fiduciary Collateral.
PELAKSANAAN PERJANJIAN ANTARA PTPN XIII DENGAN PETANI PLASMA DI PONTINAK Jeremia Ramot Liseseli Sitorus; Maryati Bachtiar; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

According to Article 1234 of the Civil Code, debtors are required to submit achievements to creditors where achievements in the form of giving, acting, or not doing anything. In the event that the debtor is unable to fulfill the agreed upon achievements, this is called default. The author is interested in analyzing a case that occurred between PT Perkebunan Nusantara XIII which is a state-owned company and plasma farmers through the Koperasi Taminses village of Menyabo, Tayan hulu sub-district, Sanggau district, West Kalimantan. Where there are defaults carried out by smallholders in terms of selling Fresh Fruit Bunches that are not in accordance with the agreement with PTPN XIII and payment of credit installments by farmers who do not comply with the agreement between the two parties. The author formulates the main problems to be discussed regarding How the implementation of the agreement between PTPN XIII and Plasma Farmers through the Taminses Cooperative in Menyabo Village, Tayan Hulu Sub-District, West Sanggau Kalimantann District and how efforts to resolve the default of plasma farmers to PTPN XIII. The research method used is sociological juridical research, because in this study the author directly 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 in Pontianak, while the population and samples were all parties related to the problems examined in this study. In data collection, the type of data used in this study are primary data and secondary data and tertiary data in the technique of collecting data in this study by interviewing and library research. From the results of the research conducted by the author in the agreement between PTPN XIII and Plasma Farmers, a default occurred by farmers, namely the sale of TBs and payment of credit installments that were not in accordance with the agreement. In implementing the agreement, farmers who process oil palm land produce production that is not in accordance with the production target, so farmers make sales outside the PTPN XIII factory to avoid paying credit installments.Keywords: Agreement - Engagement- Breach of Contract
IMPLEMENTASI PERLINDUNGAN HUKUM TERHADAP KONSUMEN PEMERIKASAAN MATA PADA OPTIKAL YANG TIDAK MEMILIKI TENAGA REFRAKSIONIS OPTISIEN DI KOTA PEKANBARU Erwin Ramadan; Maryati Bachtiar; 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

Humans as living things have various needs. Today, human needs are increasingly varied andthings that were not too important have become very important. Examples can be seen in everyday life,namely handheld smartphones, laptops and televisions. Almost all aspects use the item. The increasing needfor these items can have a negative effect on eye health. Besides the bad habits of watching television toolong, staring at a laptop screen or taking too long a smartphone which is an electronic digital device canpotentially cause interference with vision (refraction abnormalities).This study is a sociological juridical legal research, what is meant by sociological juridicalresearch is an approach by looking in terms of legislation and the reality that occurs in the field, inaccordance with the formulation of the problems expressed by the author. . While the population and sampleare parties related to the problems examined in this study, the data sources used, primary data, secondarydata, and tertiary data. The technique of collecting data in this study was through interviews and literaturereview.From the results of the research that the authors did, it can be concluded, first the implementationof legal protection against consumers eye examination on Optics who do not have Optional Refractionists inPekanbaru, namely: still not optimally implemented, there are still many optics that perform eyeexamination without Optional Refraction, the second is the Optical Responsibility of consumers of eyeexaminations at Optics who do not have Optional Refraction in the City of Pekanbaru, namely: there arestill many Optics that have not provided maximum accountability.Keywords : Implementation - Legal Protection - Eye Examination - Optional Refraction Power.
PENGGUNAAN ALAT BUKTI REKAMAN VIDEO CLOSED CIRCUIT TELEVISION (CCTV) DALAM TINDAK PIDANA PENCURIAN KENDARAAN BERMOTOR DIWILAYAH KOTA PEKANBARU David Hidayat; 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

The rise of motorcycle theft crimes in big cities like in the city of Pekanbaru requires securitysurveillance that is able to supervise 24 hours such as CCTV, CCTV video recordings are often used toanalyze criminal cases, one of which is motorcycle theft. The police in disclosing the perpetrators ofmotorcycle theft recorded by CCTV seem to be slow in the investigation process, because the police inconducting an investigation after a report or complaint from the injured party. The purpose of this thesis isto find out the use of CCTV video evidence in the disclosure of motor vehicle theft. Second, to find out theobstacles of the police in following up the theft of motor vehicles recorded by CCTV. Third, to find out theproof of CCTV video recordings in proving criminal offenses.This type of research can be classified as sociological research. The research location is PekanbaruPolice Department. Document sources used are primary data and secondary data. Document collectiontechniques are interviews, and library studies. After the data collected is then analyzed qualitatively byusing a deductive method that is drawing conclusions from things that are general to things that arespecific.From the results of the study there are three main things that can be concluded. First, theimplementation of law enforcement uses CCTV in uncovering perpetrators of motorcycle theft perpetrated ina pre-emtive, preventive and repressive manner. Secondly, the obstacles of the police in uncovering theperpetrators of motorcycle theft that were tracked by CCTV where internal and external obstacles werefound. Third, the efforts made by the police in uncovering the perpetrators of motorcycle theft recorded byCCTV are supposed to overcome obstacles both internally and externally.Keywords: Evidence-Use of CCTV footage-Crime-Theft
Analisa Pelaksanaan Pemberian Bantuan Hukum dalam Perkara Perceraian di Pengadilan Negeri Pekanbaru Batu, Debora Angela Lumban; Ismi, Hayatul; 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

Legal assistance is the constitutional right of every citizen to guarantee legal protection andguarantee equality before the law regulated in the law, especially for the underprivileged. But in reality,the implementation of the provision of legal assistance in divorce cases for the underprivileged in thePekanbaru District Court has not been effective in accordance with what is regulated by the law. Thepurpose of this study was to determine the stages of providing legal aid in divorce cases in the PekanbaruDistrict Court, to find out the obstacles in the implementation of providing legal assistance in divorcecases in the Pekanbaru District Court and to find out the efforts made in overcoming obstacles in theimplementation of legal assistance in cases divorce at Pekanbaru District Court.This type of research can be classified as sociological, because in this study the author directlyconducts research on the location or place studied in order to provide a complete and clear picture of theproblem under study. This research was conducted at the Pekanbaru District Court Legal Aid Post, whilethe population and sample were all parties related to the problem under study in this study, data sourcesused primary data, secondary data, and tertiary data, data collection techniques in this study interviewand literature study.From the results of the study can be concluded three things. First, the stages of theimplementation of providing legal assistance in divorce cases at the Pekanbaru District Court are thesame as other civil cases. Second, in the implementation of providing legal assistance in cases of divorce,there are a number of obstacles. Third, there is an effort to overcome obstacles to the implementation ofproviding legal assistance in divorce cases in the Pekanbaru District Court. Suggestion, first the legalaid service provider further enhances the socialization of the stages of providing assistance to theunderprivileged through counseling. Second, the government should pay more attention to the budgetallocation for legal aid services in the Pekanbaru District Court.
PENEGAKAN HUKUM TINDAK PIDANA PENYELUNDUPAN BARANG BEKAS OLEH KEPOLISIAN RESOR INDRAGIRI HILIR Fardika, Devia Fitriana; Effendi, Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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IndonesiaThe problem of eradicating smuggling of used clothing will still be an interesting topic ofdiscussion among law enforcers, because this problem is one of the main objectives in carrying out lawenforcement duties and several negotiations related to licensing and licensing for the import and export ofgoods. State losses due to smuggling of used clothing reached trillions of rupiah. Law enforcement officialshave not been able to carry out effective enforcement and enforcement because both sanctions and sanctionsdo not provide a deterrent effect for the protectors. Law enforcers or the government have not been able tosave themselves for smuggling members because of the fact that there is still a lot of circulation of usedclothing. Adding to this proves that the pattern of law enforcement in the Tembilahan city area is still weakand does not run optimally, therefore, the author intends to examine the policies that have been implementedby the Tembilahan city government to connect increasingly illegal goods. The purpose of remembering thisthesis is: First to study the law enforcement of criminal acts of used goods recovery by the Tembilahan CityResort Police, Secondly to understand the contradiction in the law enforcement of criminal acts ofsmuggling of used goods by Tembilahan City Resort Police.This type of research is classified in sociological legal research. This legal research uses populationand sample research techniques, the data sources used are primary data, secondary data and tertiary data,while the data collection techniques in this study are by method of observation, interviews and libraryresearch.The results of the study can be concluded. First, Law Enforcement of criminal acts of smuggling ofused goods by Tembilahan City Resort police. Suggestions from research results The government should bemore assertive in combating the smuggling of used goods in Indonesia which is concentrated in the city ofTembilahan, and follow up on researchers who conduct rescue with assistance or assistance that can bedone by the deterrent.Keyword: Law Enforcement- Criminal Offense-Smuggling Of Used Goods-Tembilahan City Police.
PERLINDUNGAN KONSUMEN TERHADAP PEMBULATAN KEATAS HARGA ARGOMETERTAKSI DI KOTA PEKANBARU Sella M, Yuli Regita; Deliana, Evi; 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

Transportation is used to facilitate humans in carrying out daily activities. The role of transportation in the life of modern society is triggered by efforts to '' get closer '' distance, at first humans succeeded in creating a means of traveling (distance). The creation of this tool alone has given employment to a number of members of the community. With the increase in transportation means, the construction of facilities is also needed. Transportation is a means that is needed since ancient times in carrying out its activities that manifest in the form of transportation. In transportation services transactions, there is often a loss experienced by consumers in the transaction that is not in accordance with the listed taximeter prices.Research Objectives This study aims to determine consumer protection against rounding up the price of a taxi meter in the city of Pekanbaru. In order to know the efforts made by consumers for rounding up the price of the meter in the city of Pekanbaru. Location Research conducted at PT. RIAU TAXI at Jalan Harapan No.19 Pekanbaru, Bukit Raya District. This type of research is sociological researchIn collecting data, the types of data used in this study are primary data and secondary data, namely directly through respondents (field), Law No. 8 of 1999 concerning Consumer Protection, legal journals and books relating to research. This data analysis was conducted qualitatively and deductive conclusions were drawn.From the results of the research in this thesis, there are two main things that are concluded: First, the form of consumer protection against rounding up the price of a taxi meter in the city of Pekanbaru. And second, the efforts made by consumers towards rounding up the price of a taxi meter in the city of Pekanbaru.Keywords: Price of a meter - Business actors - Consumer Protection
PERLINDUNGAN HAK-HAK MASYARAKAT ADAT DALAM HUKUM HAK ASASI MANUSIA INTERNASIONAL (Studi Perbandingan Perlindungan Hak-Hak Tenurial Masyarakat Adat di Indonesia dan Kenya) Rahmani Fitriah; Zulfikar Jayakusuma; Ledy Diana
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 existence of human rights and its arrangements is really important because without human rights, human cannot develop their talents and fulfill their needs. In addition to regulating human rights in general, there are also human rights arrangements held for indigenous peoples. Indigenous peoples are communities that live on the basis of ancestral ancestry over a customary territory, which has sovereignty over land and natural resources, socio-cultural life governed by customary law and traditional institutions that manage the sustainability of community life.The purpose of this thesis is to find out how international human rights law protect the rights of indigenous peoples and to find out how the protection of tenure rights of indigenous peoples in Indonesia and the protection of tenure rights of indigenous peoples in Kenya and the comparison of the protection on the both states.From the result of the research it is found that All states include Indonesia and Kenya have an obligation to uphold the rights possessed by indigenous peoples, especially their tenure rights. Even though the state has not ratified UNDRIP, ILO No.169 or does not regulate other regulations on the protection of the rights of the indigenous people, the state still have to protect their people and use any other regulation such as the Universal Declaration of Human Rights, ICCPR, ICESCR, etc as their legal based. The state has the duty to effectively protect the rights held by indigenous peoples as governed by international human rights law, regional regulations of their territories and also its national regulations. It is not permissible for the state to violate the rights possessed by indigenous peoples simply because their identities are different from the people in the country in general, or displace nor relocating them even under the pretext of conservation without their consent
PEMBUKTIAN MENS REA DALAM TINDAK PIDANA PENCUCIAN UANG BAGI PELAKU PASIF Zaki, Ahmad; Effendi, Erdianto; Ferawati, Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Cultural heritage is a nation's indispensable identity to promote Indonesia's national culture. Cultural heritage includes the culture of tangible cultural heritage and intangible cultural heritage. Indonesia's cultural heritage that has been registered and managed by the Directorate General of Culture to date has amounted to 594 cultural works. The cultural work consists of 137 people's customs, rites and celebrations; 160 works of traditional skills and crafts; 31 cultural works in the field of knowledge and behavioral habits concerning the universe; 69 in the field of tradition and oral expression, as well as 197 cultural works related to performing arts. Silek Lintau is one of the performing arts. Currently Silek Lintau is more popular in foreign country than in Indonesia, so Silek Lintau needs to be protected.This study uses a sociological legal research typology or so-called non-doctrinal legal research, more specifically discussing the effectiveness of the law. In this study the author uses the nature of descriptive research, because the authors describe Implementation of Unesco Convention For The Safeguarding Of The Intangible Cultural Heritage 2003 In Protecting Silek Lintau. The results of the research conducted by the author is, first Silek Lintau can be protected internationally through Convention UNESCO Convention For The Safeguarding Of The Intangible Cultural Heritage 2003. Besides can be protected through the Regime of UNESCO 2003, Silek Lintau can also be protected through Intellectual Property Rights Regime, at UNESCO Convention On The Protection And Promotion Of The Diversity Of Cultural Expression 2005. Central and local governments are obliged to advance the culture of the Indonesian nation. In protecting the culture, there are various obstacles, including the erosion of cultural values due to lack of appreciation from the younger generationKeywords: Protection - International - Silek Lintau - UNESCO Convention

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