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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Articles 2,579 Documents
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PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA PENJUAL BAHAN BAKAR MINYAK ECERAN DI KOTA PEKANBARU Reski Aslamiah Lubis; Erdianto Effendi; Davit Rahmadan
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

Law Number 22 Year 2001 concerning Oil and Gas regulates upstream business and downstreambusiness in the commercial sector and can be implemented after obtaining permission from the government.This study raises the issue of retailers of fuel oil who do not have permission from the government but do notimplement criminal law enforcement processes. The purpose of this research is also to first discuss how lawenforcement against retail oil fuel sellers is linked to Law Number 22 Year 2001 concerning Oil and Gas.The second is what is the reason for the seller of oil-based fuels to do fuel oil trading without permissionfrom the government. Researchers use research methods with juridical sociological approaches.This research method uses primary data, namely data obtained directly from the field, and alsosecondary data, namely literature studies using primary legal materials secondary legal materials, andtertiary legal materials. The data is then used to describe an object problem in the form of synchronizing thefacts that occur with the applicable laws and regulations.Based on the results of the study, it can be seen that the criminal act of selling retail fuel has notbeen running as it should because of a lack of socialization between the government and the publicregarding the procedures for trading fuel oil, then a lack of legal awareness in this case the retailercomplies with criminal provisions 22 of 2001 concerning oil and gas, increasing economic needs is thereason people sell fuel in retail and the length of the process of making business licenses is the reason forconducting ecran fuel trading without permission.Keywords : Law Enforcement, Retail Fuel Seller, Justice
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
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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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
GAGASAN PENATAAN SISTEM LEGISLASI DALAM SISTEM PEMERINTAHAN PRESIDENSIAL DIKAITKAN DENGAN UPAYA MEWUJUDKAN SISTEM PARLEMEN DUA KAMAR YANG SAMA KUAT (STRONG BICAMERALISM) DI INDONESIA Reynold M Panggabean; Mexsasai Indra; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Abstract

The amendment to the 1945 Constitution of the Republic of Indonesia (the 1945 Constitution)has resulted in changes to the constitutional system including changes to Indonesia's legislation practicesand systems. The results of the amendments to the 1945 Constitution put the legislative function only inthe House of Representatives (DPR). As the second chamber of the parliament, the RegionalRepresentative Council (DPD) does not have a legislative function like the DPR. The absence of thelegislative function in the DPD made the DPD not optimal in fighting for regional interests at thenational level, and made the DPD limited to sub-ordination bodies rather than the DPR. Because theDPD does not have a legislative function as the main function of the representative room, the DPDcannot actually be said to be part of the Indonesian representative body. Because, the DPD in fact isweak and powerless in carrying out its representative functions as a regional representative body. Inaddition, the absence of a legislative function in the DPD gave rise to the risk of a situation of instabilityin the administration of the government carried out by the Government (president). Changes to the 1945Constitution place the practice of legislation carried out jointly by the Government (president) and theDPR. Because the DPD does not have a legislative function as the main function of the representativeroom, the DPD cannot actually be said to be part of the Indonesian representative body. Because, theDPD in fact is weak and powerless in carrying out its representative functions as a regionalrepresentative body. In addition, the absence of a legislative function in the DPD gave rise to the risk ofa situation of instability in the administration of the government carried out by the Government(president). Changes to the 1945 Constitution place the practice of legislation carried out jointly by theGovernment (president) and the DPR.This type of research can be classified in the type of normative juridical research, because inthis study the author uses legal literature material or mere secondary data as data in this study, the datasources used, primary legal materials, secondary legal materials and tertiary legal materials.From the results of the research and discussion of the problem there are two main things thatcan be concluded. First, the Indonesian legislative system after the amendment to the 1945 Constitutionhas not been able to realize a strong bicameralism in Indonesia. Post-change, the DPD does not have alegislative function like the DPR. Thus, the DPD as the second chamber of the representative body isnot in the same (relative) position as the DPR, in carrying out its duties and functions as the regionalrepresentative body. Second, in order to realize a strong parliamentary parliamentary system, thestructuring of the legislative system through formal amendments to the 1945 Constitution became animportant and urgent need to be realized. The arrangement of the legislative system was intended toeliminate the involvement of the president in the practice of joint discussion and approval of the draftlaw (RUU) with the DPR, while also providing the same legislative function to the DPD and DPR. Theauthor's suggestion, given that there have been so many shortcomings or weaknesses than theconstitutional system stipulated in the 1945 Constitution, the authors suggest that the formalamendments to the 1945 Constitution be realized immediately. It is expected that DPR members willopen themselves to help with the amount of quorum votes needed to implement the formal amendmentsto the 1945 Constitution.Keywords: Legislation System – DPD – Parliamentary System- Strong Bicameralism
TINJAUAN YURIDIS PENGHAPUSAN PIDANA MATI DARI PEMIDANAAN DI INDONESIA (Studi Putusan Mahkamah Konstitusi Nomor 2-3/PUU-V/2017) Asri Evanggeline Silalahi; Evi Deliana; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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The right to life is protected by a constitution that is imbued with humanity in Pancasila, but to date the Indonesian legal system still applies to the death penalty. This is in contradiction with the concept of humanity in Pancasila. The right to life is a category of rights that cannot be violated, reduced, and limited under any circumstances, including within the limits of formal regulations because the Constitution of the Republic of Indonesia is the highest provision in a state of law in Indonesia and no other provisions who can rule it out. The purpose of writing this thesis, namely; First, to find out whether capital punishment is still relevant to be maintained in the Criminal Code and other laws and regulations in Indonesia, Second, to find out the ideal concept of fulfilling human rights related to capital punishment in the Unitary State of the Republic of Indonesia.This type of research is normative legal research, library law research by conducting the study of legal principles. Data sources used in this study are secondary data, namely data obtained from literature such as legal journals, books, judges' decisions related to research. This data analysis is done qualitatively and deductive conclusions are drawn.From the research results there are two main problems that can be concluded. First, Indonesia is a country that still adheres to the death penalty in its positive law. Capital punishment is no longer relevant to be maintained in the new National Criminal Code in Indonesia or the provisions of regulations outside the Criminal Code, because capital punishment is contrary to the souls that exist in the 1945 Constitution of the Republic of Indonesia and Law Number 39 of 1999 concerning Human Rights and besides that capital punishment shows the inability of the state to educate prisoners in a better direction. Second, the protection, promotion, enforcement and fulfillment of human rights are the responsibility of the state, especially the Government. Life sentence in moral, physical and psychological terms is far more severe than a death sentence. The government must draft a Criminal Law in accordance with the constitutional directives and a number of Human Rights Laws, one of which is to revoke articles containing the death penalty.Keywords: Death Penalty, Human Rights
Pelaksanaan Perjanjian Kerja Sama Tanah Ulayat Antara PT. Akasindo Hutan Rakyat Dengan Kelompok Tani Kenegerian Simandolak Jaya Kecamatan Benai Kabupaten Kuantan Singingi PRIANDO MAHDELTA; Maryati Bachtiar; Dasrol '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Abstract

The agreement is referred to as agreement or agreement, because theparties that make it certainly agree on the contents of the agreement made tocarry out certain achievements. In its form, the agreement is in the form of aseries of words that contain promises or abilities that are spoken or writtenbetween two or more people who are bound together. The will of the partiesembodied in the agreement is the basis for binding an agreement in Frenchcontract law. This will can be expressed in various ways both oral and writtenand binds the parties with all legal consequences. As is known, the French CivilCode affects Burgelijk Wetboek Netherlands, and subsequently based on theconcordance principle, Burgelijk Wetboek Netherlands is adopted in theIndonesian Civil Code.Agreement between PT. Akasindo Rakyat Forest with Simandolak JayaFarmers Group has reached an agreement in the deliberation, namely the PT.Akasindo will build rice field irrigation for the community within 3 months afterthe consultation. But in reality the agreement has not been realized by PT.Akasindo Hutan Rakyat even though the agreement has been running for 9 monthsafter deliberation. For this reason the author feels that PT. Aksindo Hutan Rakyatas the party who promised to be negligent from the agreement that had beenagreed upon, and the community felt that they had been disadvantaged, especiallythe people who were very hopeful of rice field irrigation, but until now they didnot get it.Direction to every Kenegerian Simandolak Jaya community to accept theresults with an agreement for regional development in Kenegerian SimandolakJaya. As well, PT. Akasindo Hutan Rakyat carried out the contents of theagreement that had been agreed with the Management of the KenegerianSimandolak Jaya Farmers Group so that the implementation of the cooperationcould run well and there would be no more problems arising between the twoparties.Keywords: Agreement - Implementation of Agreement - Ulayat Land
PENEGAKAN KODE ETIK OLEH BIDANG PROFESI DAN PENGAMANAN POLISI RESOR KOTA PEKANBARU TERHADAP ANGGOTA POLISI YANG MELAKUKAN PELANGGARAN DAN PENYIMPANGAN DALAM PELAKSANAAN TUGAS POLISI ATAS ADUAN MASYARAKAT Johan Johan; Erdianto Effendi; Mukhlis R
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 National Police of the Republic of Indonesia in addition to havingbasic duties, functions and authorities, as a good and strong organization hasinternal rules of conduct as operational norms. The rules of order are in the formof rules of discipline and codes of ethics. The rules that police institutions haveare the rules about discipline as honor that are closely related to the credibility,commitment and discipline of members of the Indonesian National Police. In thiscase the credibility and commitment of members of the Indonesian republic'spolice force are as state officials who are given the duty and authority asprotectors, protectors and public servants, law enforcers and carers.The problem that the author makes the basis of this research is how toenforce the code of ethics by the profession and safeguard the town of pekanbarupolice officers against police officers who commit violations and irregularities incarrying out police duties on public complaints, whether barriers to enforcementof codes of ethics and safeguarding the town resort police last week against policeofficers who commit violations and irregularities in carrying out police duties onpublic complaints and how are the strategies and efforts of the professional sectorand security of pekanbaru city resort police to overcome implementationobstacles in enforcing the code of ethics against police officers who commitviolations and irregularities in carrying out police duties on public complaintsThis type of research can be classified into a type of empirical orsociological research, because in this study the author directly conducts researchon the location or place under study in order to provide a complete and clearpicture of the problem under study. This research was conducted at thePekanbaru City police station office, the data sources used were: primary dataand secondary data, data collection techniques in this study by observation,interviews and literature review.The results of the research are first, the process of handling the police whoviolates the police professional code of ethics in committing violations of criminalacts is basically carried out in accordance with the provisions of the CriminalProcedure Code (KUHAP), by remembering, paying attention and adhering to theprovisions governing specifically for suspected members of the IndonesianJOM Fakultas Hukum Volume VI Nomor II Juli-Desember 2019 2National Police as described above, secondly In carrying out enforcement ofviolations of the National Police Professional Code of Ethics there are obstaclesand obstacles as follows: (1) Frequent changes in internal legal rules within theNational Police, (2) Less number of personnel (3) lack of facilities or facilitiesthat are inadequate, the last a) Guidance with verbal speech, a) Guidance withverbal interview, (b) Session of disciplinary cases of violations, (c) The process isas follows: receipt of reports / complaints, examination by provos, disciplinaryexamination, prosecution, vonnis implementation, recording in personnel data.Keywords: Codeof Ethics, Police, Enforcement
PELAKSANAAN INFORMED CONSENT DALAM TRANSAKSI TERAPEUTIK PADA TINDAKAN BEDAH DI RUMAH SAKIT BHAYANGKARA PEKANBARU PROVINSI RIAU Tio Pujakusuma; Maryati Bachtiar; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Informed consent is a standard medical service that must be available before conducting medical treatment, because with this opportunity the parties have bound themselves so that rights and obligations arise, and on the other hand also serves as a basis for prosecuting if medical action occurs outside what has been agreed or promised. The consequences of actions that do not comply with informed consent can be the occurrence of errors or negligence. One hospital that provides health services in the city of Pekanbaru is the Bhayangkara Regional Police Hospital which in carrying out its health services also entered into a health service agreement. But based on existing data that , Many problems and obstacles arise in medical practice everyday, such as comprehension and language information delivery that are less obvious, limit the amount of information that touched s / can be given, and the problem of interference of a family or a third party in terms of giving consent in Hospital Bayhangkara City Pekanbaru and compared with standart operating procedur and applicable law. destination this thesis, namely: First to determine pime Frame informed consent to the transaction therapeutic surgery at the Bhayangkara Hospital in Pekanbaru, Riau Province, Second, to determine the responsibility of medical services to patients based on the approval of medical measures at the Bhayangkara Hospital Pekanbaru.This type of research can be classified as sociological. This study was conducted at Hospital Bayhangkara Pekanbaru city, while the population and until l was a whole party with regard to the issues examined in this study, the source of the data used primary data , the data secondary data and ter s IER, data collection techniques in this study with interviews , questionnaires and literature review.From the results of the study it can be concluded two things. First, the process of implementation of informed consent in the House for pain Bayhangkara city of Pekanbaru, health workers must first provide full information to the patient about the results of observation, diagnosis and action will be taken physician and patient may give consent after the receipt of such information and determine implemented or not action medical on him. because of the low understanding of the community, especially consumers / surgical patients of informed consent prior to taking action at Bhayangkara Hospital. Second, business actors' obligations as health providers have not been fulfilled, namely explaining or providing understanding of informed consent to surgical patients at Bhayangkara Hospital. Implementation of the understanding of informed consent in the approval of medical treatment at the Bhayangkara Pekanbaru Hospital is an important matter but has not been carried out as it should, as in the completeness of filling out the approval of medical measures so that there is no clear responsibility for health services to surgical patients. The first government through the minister of health should reinforce the rules for health services through health workers not to commit acts of medicine according to the procedure that is right in the neighborhood Police Hospitals, secondly, each health worker should be able to undestand rights and responsibilities in accordance with the Laws Regulations and Regulations that apply in the Bhayangkara Hospital environment.Keywords: Informed Consent - Hospital - Transactio
INTERPRETASI TUJUH HARI SIDANG PRAPERADILAN ANTARA HARI KERJA DAN HARI KALENDER DALAM BEBERAPA KASUS PRAPERADILAN DI PENGADILAN NEGERI PEKANBARU Orde Prianata; Erdianto Effendi; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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The pretrial hearing is conducted quickly and the minutes and pretrial decisionsare made like a brief examination and are chaired by a single judge. Seven days is aprovision mandated by the Criminal Procedure Code for the implementation of a quickand simple pre-trial series, starting from the commencement of the examination. TheConstitutional Court through decision number 78 / PUU-XI / 2013 asserted that at thelatest seven days the pretrial process is to provide legal certainty, especially forapplicants who feel their rights are harmed.This type of research is empirical juridical research that is as an effort toapproach the problem under study with the nature of law that is real or in accordancewith the reality in the field, because in this study, researchers immediately conductresearch on the location or place under study to provide a complete and clear pictureabout the problem under study. The nature of this research is descriptive. This studyuses secondary data, namely data that has been prepared.The results of this study are the interpretation of judges related to the seven-daypretrial hearing between workdays and calendar days in some cases and theirrelevance to the judge's code of ethics in the Pekanbaru District Court varies. There arestill interpretations of judges who are not in accordance with the provisions of theKUHAP so that there are still judges who decide that pretrial cases exceed 7 workingdays. Fulfillment of the right of the applicant with a related interpretation of the sevendaypretrial hearing between the working day and calendar day in the PekanbaruDistrict Court still contains several cases that indicate the fulfillment of the right of theapplicant in accordance with the provisions in the Criminal Procedure Code. In Article82 paragraph (1) letter c KUHAP no later than seven days the judge must have made adecision, while there are still a number of cases where the judge's decision is imposedmore than 7 days.Keywords: interpretation, seven days trial, pretrial.
PENERAPAN ASAS EQUALITY BEFORE THE LAW DALAM MEMILIH PENASEHAT HUKUM BAGIANGGOTA MILITER YANGTERLIBATKASUS PIDANA DALAMPERADILANMILITER Abdul Hamid; Erdianto Effendi; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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When members of the Indonesian Armed Forces (TNI) commit a crime or have allegedly committed acrime, whether that is a criminal act regulated in the Criminal Code or outside the Criminal Code and acriminal act enshrined in the Criminal Code. The TNI member was based on the provisions of Law Number 39of 1997 concerning Military Courts and could not freely and independently elect his legal counsel who wasbelieved to be able to assist his legal process. The authority to determine legal counsel is determined by thePerkatra Submission Officer (PAPERA). This is very different from non-military citizens when committing acrime, he is free to appoint and determine their own legal counsel. The purpose of writing this thesis, namely;First, to find out the freedom to choose legal counsel for military members involved in criminal cases inmilitary criminal justice is associated with the principle of equality before the law, Second, to find out the legalconsequences for legal counsel who do not get permission from the Conquering Officer (PAPERA).This type of research can be classified as normative legal research. Because this research is morespecific to the principle of equality before the law or equality of citizens before the law. Sources of data usedare primary data legal materials, secondary data and tertiary data. For the technique of collecting researchdata, the authors conducted a literature study.From the results of the research based on the formulation of the problem, it is known that the applicationof the principle of equality before the law in selecting legal advisors for military members committing a crimeor to be suspected of having committed a crime is not appropriate as the principle should be. The TNI's internalunit has indeed provided legal aid services based on the determination from PAPERA. But for military memberswho want to use legal aid services from outside the TNI must be based on permission from PAPERA. If they donot get permission from PAPERA, the legal advisor / advocate cannot go to court to help the legal process ofhis client. Meanwhile, there is no legal provision for PAPERA to determine whether or not the advocate iseligible for permission. Even if a TNI member commits a criminal offense, based on the constitution of a TNImember it is still a citizen who must get the same treatment before the law. So it is necessary to do a legalrenewal of Law Number 39 of 1997 concerning Military Justice. Especially related to the freedom of a militarymember to determine his legal counsel.Keywords: Equality before the law, Legal advisor, Papera
PENGARUH KETERANGAN SAKSI MAHKOTA TERHADAP PUTUSAN HAKIM DALAM MENJATUHKAN SANKSI DIPERSIDANGAN Farzah, Asha; Deliana, Evi; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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The use of crown witnesses as evidence in criminal cases is permissible because it is based on reasons of concern about the lack of evidence presented, especially with regard to criminal cases in the form of inclusion and also reasons to fulfill a sense of public justice. The normative use of crown witnesses in the process of examining criminal cases does not clearly stipulate, but their use is recognized. The background presented by the witnesses of the crown is caused by the testimony of the witnesses of the crown is something that he saw himself and he did himself with his colleagues. Although his testimony feels burdensome to the other suspects even himself.The type of research is normative research by research into legal principles. This study uses a secondary data source consisting of primary legal materials, secondary legal materials, and tertiary legal materials, data collection techniques in this study with literature studies.From the results of the research problem there are two main things that can be concluded. First, the influence of the crown witness's statement on the judge's decision in imposing sanctions at the trial can be said to assist the judge in deciding the verdict on a case in which there is a lack of valid and sufficient evidence. Second, the judge's consideration of sanctioning the crown witness in the judge's decision is to accept formal facts with valid evidence and determine them based on the judge's conviction so that the judge's decision on a case can determine the fate of the defendant / kroon geituge.Keywords: Kroon getuige- Judge's decision- Sanctions

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