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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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EFEKTIVITAS MEDIASI DALAM PENYELESAIAN SENGKETA ANTARA KONSUMEN LISTRIK DENGAN PELAKU USAHA (PLN) PADA BADAN PENYELESAIAN SENGKETA KONSUMEN PROVINSI RIAU Rifqianda, Rentri; Ismi, Hayatul; 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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The State of Indonesia is a State of Law. These provisions mean that the Indonesian state is a democratic rule of law based on the Pancasila and the 1945 Constitution, upholds human rights, and guarantees all citizens at the same time their positions in the law and government are goodThe government makes policies and programs in the supply of electricity controlled by the state in its implementation carried out by PT. PLN (Persero) as a state-owned enterprise. The implementation of electricity supply business was formed based on Law number 30 of 2009 concerning electricity. However, in its implementation a lot of law violations occur. Along with the development of electricity development accompanied by the emergence of a variety of problems surrounding the electricity sector in Indonesia. One of them is a business actor (PLN) that does not carry out its obligations to consumers and vice versa. To support government policies and programs in resolving consumer disputes, the government has established a non-litigation judicial body based on the Consumer Protection Act, namely the Consumer Dispute Settlement Agency (BPSK) specifically handling consumer problems with business actors through channels outside the Court.The purpose of writing this thesis, namely; First, to find out the effectiveness of mediation in the resolution of disputes between electricity consumers and business actors (pln) at the Riau provincial consumer dispute resolution body, Second; know the factors that become obstacles in the effectiveness of mediation in the resolution of disputes between electricity consumers and business actors (pln) at the riau provincial consumer dispute resolution body, Third find out what efforts are being made to overcome obstacles in mediation in dispute resolution between electricity consumers and business actors (pln) at the Riau Province Consumer Dispute Resolution AgencyFrom the results of the research based on three problem formulations it can be concluded, First, mediation in dispute resolution between consumers and business actors (PLN) at the Riau provincial consumer dispute resolution body is not yet effective. the role of the Riau provincial consumer dispute resolution body should be used as a forum for dispute resolution in order to provide legal protection to both parties. secondly, the mediation process in resolving disputes between electricity consumers and business actors (pln) at the Riau provincial consumer dispute resolution body still has obstacles in terms of financial, operational and existence of the consumer dispute resolution agency itself. And must be able to be used as a container in providing legal certainty to both parties. third hope that the consumer dispute resolution body can work optimally and consumers and business actors obtain legal certainty in dispute resolution, it must be separated between dispute resolution through litigation (court) and dispute resolution through the consumer dispute resolution agencyKeywords: Effectiveness-Consumer Dispute Resolution Agency-Mediation-PLN
KEWENANGAN PENGADILAN NIAGA DALAM MEMUTUS PERKARA KEPAILITAN DENGAN KLAUSUL ARBITRASE Apmayuda, Andrian; 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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There are many ways in which business people can develop their business, there are people whocarry out large-scale promotions, open branches in different places, and so on. No small amount of money isneeded to develop the business. An alternative for business people to obtain sources of financing is byborrowing from different sources. The loan granted to the business actor by the lender and acting as adebtor is based on the assumption that the creditor believes that the debtor can pay the debt on time. if thereis a problem between the two parties regarding the agreement, this will be resolved through consultation. Ifno deliberation is reached, this will be resolved through an arbitration channel.Agreements between debtors and creditors often contain arbitration conditions. When a bankruptcydispute arises, which polemic arises which institution is authorized to resolve bankruptcy disputes, whetherthis is the commercial court or the arbitration body. The purpose of this essay, namely: first, to establish thebasis of authority of the commercial court to try bankruptcy cases related to the existence of arbitrationclause, secondly, to know the legal consequences of bankruptcy decisions of the commercial court withregard to the existence of arbitration clauses.Het type onderzoek dat wordt gebruikt bij het schrijven van deze wet is normatief juridischonderzoek. Door bibliotheekonderzoeksmethoden, gebruikte gegevensbronnen, primaire gegevens,secundaire gegevens en tertiaire gegevens te gebruiken, worden gegevensverzamelingstechnieken die in ditonderzoek zullen worden gebruikt, uitgevoerd door middel van literatuurstudies met daaropvolgendekwalitatieve analyse beschreven met en afgesloten met behulp van deductieve denkmethoden.Two important things can be concluded from the results of the study. First, if you pay attention to theagreement entered into by the parties through a link with the Civil Code (Article 1320 and Article 1338), thearbitration body has the authority to first settle the matter between PT. Fertilizer Indonesia and PT. SriMelamin Rejeki and the commercial court should not have the authority to check in advance, so the positionof the creditor must be determined in advance by an arbitration award. Secondly, the legal consequences ofbankruptcy decisions of the commercial court are related to the existence of arbitration clauses, namely thatthe arbitration body can continue the proceedings even though the parties to the commercial court haveargued because it was first bound by an arbitration clause according to the pacta sunt servanda inviteseveryone who makes it. The arbitration body may continue the dispute proceedings in the arbitration case,even if one of the parties has been declared bankrupt by the commercial courtKeyword: Autority - Commercial Court – Bankruptcy – Arbitration Clause
TINJAUAN YURIDIS TERHADAP DISPARITAS PEMIDANAAN PUTUSAN HAKIM DALAM TINDAK PIDANA PEMBUNUHAN BERENCANA PERKARA NOMOR 742/Pid. B/2016/PN Pbr DENGAN PUTUSAN NOMOR 323/Pid.B/2016/ PT Pbr Juliani, Chaterine; Effendi, Erdianto; Putri, Adi Tiara
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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In the same case, the law has a different regulation. In legal science commonly known as disparity (disparity of sentencing). According to Oemar Seno adji, disparity is justifiable as long as it is done properly. In writing this thesis the author discusses the problem of Criminal Disparities in Criminal Acts of Murder. Is the factor in the disparity in the decision of the judge in case No. 742 / Pid.B / 2016 / PN Pbr with case No. 323 / Pid.B / 2016 / PT Pbr. What is the ideal application of the disparity in a judge's decision? The research method used is a normative jurdical method in relation to substantive justice. The results showed that in deciding a judge's case subject to Article 197 of the Criminal Procedure Code, namely the judge must have his own judgment in determining the severity or severity of the sentence to be handed down to the defendant, through proof of material in court to support the conclusions in the judge's judgment.The results of this study are that in deciding a case, a judge pays attention to matters or methods accordingly and fairly as there is no political interest, personal interests that can harm either party. In this murder case, a defendant with the initial ZG was sentenced to a nine (9) year prison sentence in the Pekanbaru District Court, but the public prosecutor appealed, and in the Pekanbaru High Court after seeing, examining, and examining the case based on facts, evidence and witness testimony of the defendant then sentenced him to a twelve (12) year prison sentence.Keywords: Disparity-Court Decisions-Judge Considerations
Kedudukan Surat Keterangan Pembebasan Lahan Oleh Pemangku Adat Terhadap Pemilikan Tanah Di Atas Tanah Ulayat Di Desa Pantai Cermin Kecamatan Tapung Kabupaten Kampar Irwani, Nike; Firdaus, Firdaus; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Ulayat land is communal property which may not and cannot be registered in the name of one orseveral parties. Customary land with the principle of communal ownership, the use and distribution of itsuse is subject to regulation according to customary law. In Pantai Cermin Village, Tapung Subdistrict,Kampar Regency, the ruler of the authorized ulayat land is someone who is a custom called Datuk Ruler ofUlayat Land Rights named Datuk Ajo Panji Alam who issues a letter on ulayat land, known as LandAcquisition Certificate hereinafter referred to as SKPL. SKPL is a basic letter issued by the Ruler of UlayatRights Land, Datuk Ajo Panji Alam, as proof of customary land / land acquisition for use rights notownership rights. However, in reality many fields of SKPL are used as property rights. SKPL as a basicletter which is proof of release from the ruler of the customary land rights is increased again to become aLand Ownership Certificate (SKT), Statement of Compensation (SKGR) to the Certificate of Ownership(SHM). The purpose of this essay is: First, to find out the position of SKPL issued by adat stakeholders onland ownership over communal land. Second, to know the mechanism for transferring the right to use intoownership rights over communal land.This type of research can be classified as sociological, because in this study the author immediatelyconducted research on the location or place under study in order to provide a complete and clear picture ofthe problem under study. This research was conducted in Pantai Cermin Village, Tapung District, KamparRegency, while the population and samples were all parties related to the problems examined in this study,data sources used primary data, secondary data, and tertiary data, data collection techniques in this studyby observation, interview, questionnaire, and literature study.From the results of the study two things can be concluded. First, the position of SKPL is as a basicletter issued by Datuk Ajo Panji Alam as proof of customary land / land acquisition for use rights notownership rights. Second, the transfer mechanism, which starts from the management of SKPL to the levelof SHM. As all the steps to the management are fulfilled, the rights granted by the ruler of the customaryland of Datuk Ajo Panji Alam automatically which starts from the right to use, not the right of ownership,will change into one's own full rights. Author's suggestion, First, communal land should be for nephewchildren or tribal members. Secondly, the village government and the Datuk Ruler of Ulayat Land Rightsshould pay more attention to and supervise communal land use.Keywords: Position - SKPL - Ulayat Land
Tinjauan Yuridis Perlindungan Hukum Korban Tindak Pidana Pemerkosaan Yang Menderita Gangguan Kejiwaan Berdasarkan Undang-Undang Nomor 31 Tahun 2014 Tentang Perubahan Undang- Undang Nomor 13 Tahun 2006 Tentang Perlindungan Saksi dan Korban Karina, Gerith; Firdaus, Emilda; R, Mukhlis
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Errors of Practice (malpractice) occur or caused a malfunction that can be less cautious, less careful, and less seriousness in the anamnesis, examination, diagnosis, therapy/treatment and follow-up, on the other side because it is less skilled and lack of knowledge from the healthcare personnel concerned. The study titled "Criminal Liability for health workers against malpractice and Negligence in Khitan Action (circumcision)", has a formulation of the issue of how health criminal liability for malpractice and Negligence in the action of circumcision (circumcision), and how should the ideal arrangement against health workers who perform malpractice and negligence in the actions of circumcision (circumcision).The purpose of writing this thesis is: First, to know the criminal liability of health workers against malpractice and negligence in the act of circumcision (circumcision). Secondly, to know the ideal setting of health personnel who perform malpractice and negligence in the action of circumcision (circumcision).This type of research is normative legal research or can also be called by doctrinal law research. From the results of the research problem there are two points that are concluded, firstly, in case the nurse proved and fulfill the element of doing malpractice or omission in the action of the Kkhitan (circumcision) to the patient then the nurse can be asked Criminal liability. Secondly, in the Indonesian legal system speaking of regulations that ideally is a rule that should be or is not done by health workers (caregivers) in terms of the provision of services of circumcision action (circumcision). For the case of circumcision action (circumcision) should be made renewal or policy which contains the extent of the rights and obligations to be done by the nurse.Key words: Negligence – Circumcision – Regulation - Ideally
PELAKSANAAN PERJANJIAN KEBERANGKATAN IBADAH UMROH ANTARA CALON JAMAAH UMROH DENGAN PT. HIJRAH HARAMAIN DI KOTA MEDAN A. M, Wita Trisnawati; Firdaus, Firdaus; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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As is known that Islam is the majority religion in Indonesia, which means it has the most number of followers. In Islam it has five pillars of Islam which are obligatory to be executed by each of its followers. The pillars of Islam consist of two sentences of creed, establish prayer, undergo fasting, paying zakat, and performing hajj and umroh. In accordance with Law Number 13 of 2008 concerning the Implementation of Hajj, that the pilgrimage and pilgrimage travel can be carried out individually and in groups through the organization of pilgrimage and pilgrimage trips carried out by the government or travel agencies that have obtained permission from the Minister of Religion. Every prospective pilgrim who wants to perform Umrah cannot go alone without going through a travel agency which currently stands a lot, one of which is a pilgrimage company located in the city of Medan, PT. Hijrah Haramain. The implementation of the departure of prospective Umrah pilgrims conducted by PT. Hijrah Haramain with the prospective pilgrims used an agreement. However, the implementation of this agreement does not work as it should. PT. Hijrah Haramain failed to appoint prospective Umrah pilgrims because of PT. Hijrah Haramain itself. The purpose of this thesis is: First, to know the implementation of the umroh worship departure agreement executed by PT. Hijrah Haramain, Second, to find out the accountability of PT. Hijrah Haramain due to the cancellation of the departure of prospective pilgrims.This type of research can be classified in the type of sosiological juridical research. The research was conducted at PT. Hijrah Haramain in Medan City. Sosiological law research uses primary data and secondary data, while population and sample are the parties related to the problem studied in this research. Technique of collecting data in this research by interview and literature study.From the results of research problems there are two main things that can be concluded. First, PT. HIjrah Haramain did not implement the agreement as agreed with the prospective Umrah pilgrims, namely the default that had occurred by PT. Hijrah Haramain by not dispatching prospective Umrah pilgrims. Second, PT. Hijrah Haramain did not pay compensation as a form of his responsibility for the cancellation of the departure of prospective Umrah pilgrims.Key Words: Umrah – Agreement – Default - The Organizer Of The Umrah Service – Prospective Umrah Pligrims
Implikasi Perubahan Delik Formilke Materiil Dikaitkan Dengan Putusan Mk Nomor 25/Puu-Xiv/2016 Dalam Tindak Pidana Korupsi Pane, Paisal Arifsa; Effendi, Erdianto; Rahmadan, Davit
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Based on the ruling of the Constitutional Court the number 25/PUU-XIV/2016 that States that theword "may" in article 2 paragraph (1) and article 3 of Act No. 20 Year 2001 is contrary to the basic law sothat the word "may" was abolished. This can have an impact to the process of law enforcement which wordscan be wiped out before, only a indication of the State financial losses can already be declared as a suspectafter the abolition of the Word can then State financial losses should be counted for sure. Law enforcementtends to wait for the calculation of the authorized agency according to the 1945 Constitution Article 23E toexamine management and responsible about the finances of the State held one of the Agency's financialInspectors free and independent, pertegas in the back with the law number 15 Year 2006 About AgencyFinancial Examiners.This type of research can be classified in types of normative research karna in the study related tothe law review principles of norms of the law, aiming to find out the impact of the mutusan MK number25/PUU-XIV/2016 and legal certainty State financial losses of post that verdict.Calculation of the financial losses of the country itself is often all be permaslaahan in the courtswhich related institutions which calculate the financial loss to the country. The fact that happens the Courtoften use the institutions other than the CPC, this will give rise to a debate that would be barriers againstlaw enforcement and the legal certainty of the financial state of the matter has not yet been fulfilled so thatthe law enforcement had been waiting for the results of the audit institution that authorities will havebarriers.With regard to the cases of post the verdict of law enforcement should be more meticulous inspecifying a person as a suspect because whenever the case is running before the ruling of theConstitutional Court were valid then after court ruling The Constitution that law enforcement mustcalculate the return loss of the State because it applies the principle of oportunitas which in article 1paragraph 2 of the CRIMINAL CODE States that when there is a change in the legislation after the deed isdone, then against the defendant the most advantageous conditions applied and calculating losses of Stateinstitutions must be designated precisely so that it will be able to harm the country.Keywords: Crime-Corruption
REFORMULASI DELIK TINDAK PIDANA PENGHINAAN CITRA TUBUH (BODY SHAMING) DI MEDIA SOSIAL DIKAITKAN DENGAN PRINSIP ASAS LEGALITAS Nasution, Nadya Serena; Indra, Mexsasai; R, Mukhlis
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Crime of Body Image Shaming (Body Shaming) is a crime that is rife in Indonesia. Criminalinsulting body image (Body Shaming) gives a bad impact for individuals who experience it such asdepression, and eating disorders. Perpetrators of Criminal Actions for defamation of body image (BodyShaming) can be charged with applicable Laws, although in reality there is no article that specificallyregulates the criminal conduct of body image defamation. There should be a more specific regulationregarding the crime of insulting body image (body shaming) on social media because Indonesia is a countrythat adheres to the principle of legality, if a crime occurs then it will be seen whether there are legalprovisions that govern it and whether the existing rules can be applied to criminal offenses that occur thebody is not ideal and / or not like body shapes in general. Based on this understanding, the authors identifytwo problem formulations, First how to regulate the crime of insulting body image (Body Shaming) in thepresent condition of crime (Body Shamig) on social media in criminal law. Second, how the reformulation ofthe crime of insulting body image (Body Shaming) on social media is related to the principle of legality.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 research examines theprinciples 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 the problem in this study is the regulation of criminal acts thatinsult body image (body shaming) in criminal law in Indonesia refers to Article 315 of the Criminal Codeabout insults and Article 27 Paragraph (3) of the ITE Law. In the ITE Law, there are articles which areconsidered more suitable to ensnare the perpetrators of the crime of insulting body image (Body Shaming).In Article 27 Paragraph (3) of Law Number 11 Year 2008 Changes to Law Number 19 of 2016 ElectronicInformation and Transactions lacks a definite rule regarding body shaming criminal acts which causesmany problems or losses experienced by the victim. The absence of a definite rule regarding the bodyshaming crime has caused many problems or losses experienced by the victim. The need for a legal updaterelated to the existence of regulations and their implementation. The renewal of the ITE Law was carriedout because it was not yet ideally for the crime of insulting body image through social mediaKeywords: Insult, Body Shaming, Criminal Law Renewal
GAGASAN PENGATURAN PERIZINAN OJEK ONLINE DIKAITKAN DENGAN UPAYA PERLINDUNGAN HUKUM TERHADAP WARGA NEGARA M. Haikal Rahman; Emilda Firdaus; Mexsasai Indra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Transport types of motorcycles or motorcycle called online does not have permissions in the field of public transport. Online motorcycle taxi is public transportation by using a motorcycle as a means to transport it using the app liaison between the riders and their users or based technology. The existence of this online motorcycle is quite prevalent at the present time, but the licenses have not been included in the regulations in Indonesia. As in Law Number 22 of 2009 on Traffic and Transportation motorcycles only included into the personal or individual transport. Not included in the public transport, because the means of transport is used not only to one person but to many people.This type of research can be classified ie normative legal research done by researching library materials or secondary data as the base material for examination by doing a search on the regulations and literature relating to the cases studied. This research was conducted by means of an idea initiated the idea for the creation of a licensing regulations to provide legal protection to every citizen. The data sources used, the primary data, secondary data and data tertiary, data collection techniques in this study with the study of literature, and take ktipan of supporting literature.In the research the problem there are two things that can be inferred. First, online motorcycle licensing arrangements associated with the legal protection of citizens, related to all aspects of protection. Secondly, the idea pengatururan online motorcycle license to provide legal protection to citizens, re-evaluate all aspects relating to motorcycles online and make revisions to Act No. 22 of 2009 on Road Traffic and Transport.Keywords: Ideas, Licensing, Taxibike online, Legal Protection
PERTANGGUNGJAWABAN PIDANA PENIPUAN OLEH PERUSAHAAN BIRO PERJALANAN HAJI DAN UMROH Dimas Prayoga; Erdianto Effendi; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Business opportunities to hold umrah services are very interesting becausethe majority of the population of Indonesia is Muslim. Fraud cases carried out bythe Hajj and Umrah Travel bureau companies are not the only corporate criminalacts that occur in Indonesia, Fraud Cases of the First Travel Hajj and Umrahtravel agencies, Abutours, fraud cases of the Hajj and Umrah travel agents JoePentha Wisata, Fraud travel agency cases Hajj and Umrah, PT Solusi BaladLumampah (SBL). The rarity of corporations that are made as suspects ordefendants is certainly interesting to study and study.This type of research can be classified in normative legal research, namelylegal research conducted by researching library materials. This study examinesthe subject matter in accordance with the scope and identification of the problemthrough a statute approach carried out by examining the laws and regulationsthat relate to the legal issue under study. In this study the authors conducted astudy of the principles of law by utilizing descriptive methods. Data collectiontechniques used in the Normative Legal Research are library research methods(library research) which uses the library as a means of collecting data, bystudying books as reference material related to the problems to be studied.The conclusion that can be obtained from the results of the study isCriminal Crime Accountability by the Company Hajj and Umrah Travel Agenciesexperiencing obstacles. There is no uniformity of understanding among lawenforcement officials ranging from the police, prosecutors to the judiciary aboutthe criminal responsibility of the corporation. The Ideal Setting of Fraud CrimeAccountability by Hajj and Umrah travel agency companies must provide legalcertainty. The formulation of when a corporation can be said to commit a crimemust be clearly regulated, namely when the crime is carried out by people, eitherbased on work relations or based on other relationships, acting within thebusiness entity or in other words corporate crime can only occur when a personacts in a corporate environment both in work relations and other relationships,outside of these restrictions cannot be regarded as a corporate crime.Keywords: Criminal Liability, Corporations, Fraud, Hajj and Umrah TravelBureau

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