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INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Law, Crime, Criminology & Criminal Justice
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Articles 2,579 Documents
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Pelaksanaan Pemberian Hak Terhadap Narapidana Wanita Hamil di Lapas Kelas II A Kota Pekanbaru Diana, Diana; Effendi, Erdianto; Edorita, Widia
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 rights between female prisoners and male prisoners are the same, only in this case because the prisoners are women, there are several rights that are given special treatment from male prisoners who differ in several ways, including because women have a nature that is not owned by male prisoners namely menstruation, pregnancy, childbirth, breastfeeding, so in this case the rights of female prisoners need special attention according to both the Law and prison officials throughout the territory of Indonesian. But the facts that occur in the field are not completely in accordance with the regulations that have been made by the government. What happened at Pekanbaru Class IIA Correctional Institution is that prisoners of pregnant women have difficulty obtaining health rights. Therefore the formulation of the problem of this thesis, namely: first, what is the implementation of the granting of rights for prisoners of pregnant women in Class IIA Lapas Pekanbaru City; Secondly, what are the barriers to granting rights for prisoners of pregnant women in Pekanbaru Class IIA Prison.This type of research can be classified in the type of empirical juridical legal research or sociological legal research. Juridical empirical research is research carried out by identifying the law and how the effectiveness of the law applies in society. This research was conducted at the Women's Penitentiary in Pekanbaru Class IIA Lapas. Data sources used, namely: primary data and secondary data. Data collection techniques in this study with Observation, Interview, and Literature Study.Conclusions that can be obtained from the results of the first study, the implementation of the granting of rights for prisoners of pregnant women in Class IIA Lapas Pekanbaru City has not been implemented properly, while based on Article 8 of Law No. 36 of 2009 concerning Health each person has the right to health as well as female prisoners pregnant, but the implementation of the exit permit was too complicated, so the implementation became ineffective. Second, the barriers to giving out permission for pregnant women prisoners in Pekanbaru Class IIA Prison namely regulations imposed in Class II A Correctional Institutions in Pekanbaru City are still in general, lack of funds and lack of infrastructure facilities so that services are inadequate, lack of professional performance of agency employees Correctional means that the rights of pregnant women prisoners are not met, the factor of the family of pregnant women prisoners who are often indifferent to the conditions of the pregnant female prisoners and the prisoners of pregnant women themselves who do not want to apply for an exit permit on the grounds that the conditions are too complicated. The author's suggestion is that it is expected that the competent government should issue laws or official regulations to fulfill women's special rights.Keywords: Rights of Prisoners-Pregnant Women-Pekanbaru
ANALISIS YURIDIS TERHADAP KETENTUAN LIMITASI WAKTU DALAM PENYIDIKAN TINDAK PIDANA PILKADA BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 2015 JO UNDANG-UNDANG NOMOR 10 TAHUN 2016 TENTANG PEMILIHAN GUBERNUR BUPATI DAN WALI KOTA Juwita, Annisa; Indra, Mexsasai; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

The process of resolving criminal offenses was carried out through the Sentra Gakkumdu forum. The Integrated Law Enforcement Center (Gakkumdu) consists of the Republic of Indonesia Bawaslu, the Republic of Indonesia National Police and the Indonesian Prosecutor's Office. The period of the investigation and prosecution process that is too short can cause the perpetrators of election crimes to avoid legal proceedings. Certainly this will greatly injure the value of justice in the law itself. Efforts to achieve substantive justice and electoral justice are limited by procedural justice alone. This certainly has an impact and a bad precedent for the enforcement of criminal acts of regional elections.What is the juridical analysis of the provisions of the time limit in the investigation of election criminal acts based on Law Number 1 of 2015 Jo Law Number 10 of 2016 concerning Election of Governors, Regents and Mayors who discuss protection? How to manage the future? How do you set the term of office? Absorption of Pilkada criminal acts based on Law Number 1 of 2015 Jo Law Number 10 of 2016 concerning Election of Governors for Regents and Mayors?Theories used in this research include justice theory and court legal policy theory. This type of research can be classified in normative legal research, namely legal research conducted by examining library materials. This study examines the subject matter in accordance with the scope and identification of problems through a statute approach carried out by examining the legislation and regulations relating to the legal issues under study.The conclusion that can be obtained from the results of the study is the limitation of time provisions in the investigation of criminal acts of elections that are regulated in Law Number 10 of 2016 concerning the Election of Governor of Regents and Mayors is still not clearly regulated. The process of enforcing the law against the crime of regional elections has not provided a sense of justice for the people.. The provisions of a brief investigation must be harmonized with a quick and short trial process. Related to several cases that have expired, it becomes a reference for law enforcement officials so that in the future they will be more professional in carrying out the investigation process.Keywords: Limitation of Time, Investigation, Crime of Election
LARANGAN PERNIKAHAN SESUKU SEKAMPUNG SEPUCUK ADAT DIKENAGARAIAN AIA MANGGIH KABUPATEN PASAMAN SUMATERA BARAT Aci Lovita Sari; Zulfikar Jaya Kusuma; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Custom is a reflection of the personality of a nation, is one of theincarnations of the soul of the nation concerned from century to century. For thepeople of Indonesia, the law that becomes the benchmark for behavior iscustomary law. Customary law is considered as a rule of life to achieve peace insociety. One of the rules in customary law is marriage.Marriage is a spiritual bond between a man and woman as husband andwife with the aim of forming a happy and eternal family based on the Godhead ofthe Almighty. However, not all marriages can be carried out even though theyhave fulfilled the agreed terms and conditions. In Kenagarian Aia M Advanced,Pasaman Regency, West Sumatra, there was a prohibition on marriage to atribe as a traditional village. The existence of this prohibition is caused by severalfactors and also some very bad effects for the perpetrators, families and even theirdescendants later. The formulation of the problem in this thesis, namely: First,what are the factors causing the prohibition of marriage to a tribe of a village inthe Kenagarian Aia M Advanced Pasaman Regency, West Sumatra? Secondly, arethere any limits on the level of heredity for the prohibition of marriage to a tribeof a tribe in Kenagarian Aia M Sophisticated, Pasaman, West Sumatra?This type of research used is a type of sociological juridical research,because in this study directly conducted research at the site in order to provide acomplete and clear picture of the problem under study. This research wasconducted in Kenagarian Aia M Advanced Pasaman Regency, West Sumatra,while the population and sample were all parties concerned with the problemsexamined in this study, the data sources used, primary data, secondary data andtertiary data, data collection techniques in this study with interview and literaturestudy. From the results of the study, there are three main things that can beconcluded..Keywords: Sesuku Marriage, Prohibition
PERLINDUNGAN TERHADAP KONSUMEN GARAM YANG TIDAK BERYODIUM DI KABUPATEN LIMA PULUH KOTA Adelina, Cindi; Firdaus, Firdaus; Hasanah, Ulfia
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

Article 8 paragraph (1) Letter (a) and (e) of the Consumer Protection Act stipulates that businessactors are prohibited from producing and / or trading services that: (a) do not fulfill or do not comply withthe requirements and statutory provisions . Letter (e) states that it is not in accordance with the quality,level, composition, processing, style, mode or certain usage as stated in the label or description of the goodsand / or services. In the Lima Puluh Kota district there are business people who produce non-iodized salt sothat it harms consumers both materially and immaterial. The purpose of this thesis, namely: first to find outhow the implementation of consumer protection by businesses against the sale of non-iodized salt in LimaPuluh Kota District, secondly to find out why businesses do not produce iodized salt in Lima Puluh KotaRegency.This type of research casn be classified in sociological research. To obtain data in writing thisthesis, field research and library research were conducted. this research was conducted in Lima Puluh KotaRegency. while the population and sample are all parties related to the problems examined in this study,data sources used primary data and secondary data, data collection techniques in this study by observation,interviews, questionnaires, and literature studies.Based on the results of the problem research there are two points that can be concluded, the first isthat the implementation of consumer protection against the sale of non-iodized salt based on the reality inthe field is not as appropriate, as regulated in Law Number 8 of 1999 concerning Consumer Protectionbusiness actors are not responsible for producing or distributing non-iodized salt. Second, the reason saltproducers do not produce iodized salt because of several factors, namely economic / capital factors,education / knowledge factors and licensing factors. This happened due to lack of understanding of theproducers regarding rights and obligations as a producer.Keywords: Protection - Consumers - Non-iodized Salt
PERTANGGUNGJAWABAN PIDANA ADVOKAT YANG MELAKUKAN PERBUATAN MENGHALANG-HALANGI PROSES PERADILAN TINDAK PIDANA KORUPSI Saputra, Rozi Agus; Deliana, Evi; Rahmadan, Davit
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Corruption eradication in Indonesia still faces many obstacles, some of which are caused by resistance from various parties. The number of actions that are blocking the judicial process of corruption. One of them is the action of an advocate who deliberately blocks the judicial process against his client. However, in the Corruption Act does not clearly regulate the criteria of conduct which is categorized as an act of obstruction of justice. In addition, an advocate feels that he cannot be held liable for criminal liability because of the inherent immunity rights in his profession.Research method / approach used by writer in this research is normative law research. The primary legal material used is Law Number 18 of 2003 concerning Advocates, Act Number 46 of 2009 concerning Corruption Criminal Court. Secondary Legal Material, in the form of a bill, research results, scientific work from the legal community and others, newspapers, internet, articles. Tertiary Legal Materials such as dictionaries, encyclopedias. Analysis of the data used is the analysis of qualitative data and describes it descriptively.From the research results it can be concluded that the obstruction of justice of the judicial process of corruption is not limited to just a few acts, the Actor only understands and knows that his actions can result in obstruction of the legal process, although in reality the legal process is not frustrated by his actions. And for advocates who commit acts to obstruct the criminal justice process of corruption, they must still be held accountable even though the company is protected by the rights of immunity because the rights of immunity still have limitations or are not absolutely valid.Keywords: Obstruction of justice, advocate, criminal liability.
IMPLEMENTASI PENGELOLAAN RUANG TERBUKA HIJAU DI KOTA PEKANBARU DIKAITKAN DENGAN HAK ANAK Iqbal, M. Satria Arde; Firdaus, Emilda; Artina, Dessy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Green Open Space is a facility that must be a priority in the managementof an urban area. Based on Article 13 and 14 of Law Number 32 of 2004,management and control of the environment is the authority of the region, both inthe provinces and regencies or cities.Everyone has the right to a good and healthy environment because it ispart of human rights. Everyone has the right to get environmental education,access to information, access to participation, and access to justice in fulfillingthe right to a good and healthy environment. Just like children who also havehuman rights, the lack of play space makes children play more in the environmentthat cannot accommodate their needs. Article 4 number 2, 3 and number 6 of theMinister of Home Affairs Regulation Number 1 of 2007 concerning Urban GreenSpatial Arrangement, explained that green open spaces have benefits aseducational facilities, means of social interaction and facilities for socialactivities for children.Based on the problems raised, researchers use legal research methodsusing a sociological judicial approach, namely a research approach thatemphasizes the legal aspects (legislation) with regard to the subject matter to bediscussed, related to the reality in the field.The conclusion that can be obtained from the results of the study is thatthe maintenance and utilization of green open space cannot be said to be good,seen in terms of quality and quantity. There are several obstacles in themanagement of green open space in an effort to create quality green open spaces.There are also several efforts that will be made by the Pekanbaru Citygovernment in overcoming obstacles.key words: implementation, green open space, management, children's rights
TINJAUAN YURIDIS TERHADAP BENTUK PERTANGGUNGJAWABAN PIDANA PELAKU TINDAK PIDANA PENYALAHGUNAAN KARTU KREDIT MILIK ORANG LAIN Ilham, Khairul; Effendi, Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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The use of money in people's lives is the most important basic requirement in meeting their needs.But in its journey, the use of cash has a high risk, for example theft, robbery and forgery. Credit cards are akind of card as a physical substitute for money. Various modes of credit card crime can occur often in themidst of society and the development of sophisticated technology, the modes of credit card crime oftenincrease in type. Carding is a form of crime that uses someone else's credit card to spend without theknowledge of the owner. The development of Carding cases in Indonesia is moving very fast. According tothe results of the latest research conducted by the company Security Clearcommerce(www.clearcommerce.com) based in Texas, stated that Indonesia was in the first place of origin of theperpetrators of Cyber Fraud. He also added that around 20 percent of total credit card transactions fromIndonesia via the internet are Cyber Fraud. Therefore, sufficient knowledge is needed to explore theproblems of this credit card crime for the community as well as law enforcement carried out by lawenforcement officials.Keywords: Credit Cards, Internet, Carding, Cyber Fraud
IMPLEMENTASI PERATURAN DAERAH PROVINSI RIAU NOMOR 18 TAHUN 2013 TENTANG PERLINDUNGAN DAN PEMBERDAYAAN PENYANDANG DISABILITAS DI PROVINSI RIAU Erdimanda, Imelia; Firdaus, Emilda; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Prolonged social conflict, namely the decrease in courtesy and nobility in social relations, the weakening of honesty and trustworthiness in the life of the nation as well as the neglect of legal and regulatory provisions, and so on caused by various factors originating both from within and outside the country. One example we need to improve is social ethics and social participation in persons with disabilities or disabilities. As an Indonesian citizen, a person with a disability or disability has the same status, rights and obligations as other citizens. Persons with disabilities whose diverse groups are part of human resources whose rights need to be fulfilled, especially in terms of preparation and empowerment programs, intellectual quality, skill quality and othersThis research uses the typology of sociological legal research or also called non-doctrinal legal research, which specifically discusses the effectiveness of law. In this study the authors use the nature of descriptive research, because the authors describe how the Implementation of Riau Regional Regulation No 18 of 2013 concerning Protection and Empowerment of Persons with Disabilities in Riau Province. The results of research conducted by the author are, firstly the implementation of the implementation of Regional Regulation Number 18 of 2013 concerning the protection and Empowerment of Persons with Disabilities. Local governments are obliged to protect and guarantee the rights of people with disabilities without discrimination. It is recommended that with the high discrimination rate, every activity carried out must include all persons with disabilities in Riau Province in order to facilitate them in receiving information in any field such as the general publicKeywords: Implementation - Regional Regulation - Persons with Disabilities
Implikasi Prinsip Exhaustion Terhadap Sengketa Impor Paralel Merek Dagang (Trademark) Dhiaulhaque, Nada; Jayakusuma, Zulfikar; Putri, Adi Tiara
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Marks is a name and/or symbol that is used by a company that has been developed by the companyto symbolized their reputation and to placed their products in the market. Lately, in the revolution oftrading, one of the problem that are oftenly happens are parallel imports. Parallel imports is a confusingoccurance, in one hand it is a distribution of original products the other hand its distribution is notpermitable by the intellectual property rights holder and/or licensor. Parallel imports occurs ininternational trade and it is hard to solve it, every state has their own “exhaustion of rights”.This research used a normative research methode, it’s starting points begins from the lawperspective field (textual), with identifying to its formulable norm. This research is descriptive research todescribe the actual event when the research was held, through collecting data and interpretated one anotherso it will give a proper formula and analysis to the existing problem. The data source is secondary soucethat consist of primary material, secondary material, and tertier material.From this research we can conclude, first, exhaustion of rights that occur within the article 6 ofTRIPs always become the loophole for the parallel imports defendants, with the exhaustion of rights withinthis upnormal situation, it could give a long-term effects to the product that are effected by the parallelimportation. Starting from the reduced investment, hampered innovation, goodwill contaminated, also therapid development of channels of parallel import of sheltering the perpetrators behind article 6 TRIPs.Secondly, exhaustion of rights that is happening within every state would be different in their application.This depends on what kind of “exhaustion” they’re using. The exhaustion of rights also affect how theintellectual property rights holder exclusive right and/or the licensor in controlling of their products.Keywords : Parallel Imports, Trademark, Exhaustion of Rights, Exclusive Right, Intellectual Property Right.
PENEGAKAN HUKUM TINDAK PIDANA PERDAGANGAN ORANG YANG DIPEKERJAKAN SEBAGAI PEKERJA SEKS KOMERSIAL DI PROVINSI RIAU S, Farezza Alfashih; Firdaus, Emilda; Erdiansyah, Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Human trafficking is the most evil problem compared to other violent activities, because traffickingmostly uses violence against victims. Trafficking in the Riau Regional Police is still common and has a largenumber of victims. Meanwhile in Indonesia there is an independent supervisory agency that functions inconducting law enforcement and the institution is the Indonesian National Police. The purpose of writingthis thesis, namely; First, to find out law enforcement against trafficking in persons employed as commercialsex workers in Riau Province. Second, to find out the obstacles in law enforcement of trafficking in personsemployed as commercial sex workers in Riau Province. Third, to find out how the efforts made in lawenforcement against trafficking in persons employed as commercial sex workers in Riau Province.This type of research can be classified in the type of sociological juridical research, because in thisstudy the authors directly conduct research at the location or place of study in order to provide a completeand clear picture of the problem under study. This research was conducted at the Riau Regional Policeoffice, while the population and sample are all parties related to the problem examined in this study, thedata sources used, primary data, secondary data and tertiary data, data collection techniques in this studywith interviews and library study.From the results of the study there are three main things that can be concluded. First, lawenforcement of trafficking in persons employed as commercial sex workers in Riau Province is carried outin a pre-emptive, preventive and repressive manner. The second obstacle in law enforcement againsttrafficking in persons employed as commercial sex workers in Riau Province is the discovery of internal andexternal constraints. Third Efforts are made to overcome obstacles in law enforcement of trafficking inpersons employed as commercial sex workers in Riau Province by increasing performance in units andovercoming problems both internally and externally.The author's advice, first, should be to maximize performance and professionalism so thatexpectations in law enforcement are created. Second, to overcome obstacles in law enforcement, RiauRegional Police are expected to be consistent in carrying out their duties and need to improve thecoordination function, functions in various units and internal improvements consistently and sustainably.Third, efforts are made to overcome obstacles in law enforcement to be more directed and increased again.Keywords: Law Enforcement-Crime-Trafficking in Persons.

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