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INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 2,579 Documents
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IMPLIKASI PARIS AGREEMENT 2015 TERHADAP KEBIJAKAN PEMERINTAH INDONESIA DI SEKTOR ENERGI DALAM MITIGASI PERUBAHAN IKLIM DI INDONESIA (KAJIAN PENGGUNAAN ENERGI BATUBARA DALAM PEMBANGUNAN DI INDONESIA) Nasution, Syafira Yasmin; Deliana, Evi; Putri, Adi Tiara
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 ratification of an international agreement has implications for the obligation for the state to fulfill the commitment from the results of the ratification. In this case, Indonesia which has ratified the Paris Agreement 2015 has an obligation to adjust domestic policies to conform to the commitments in its Nationally Defined Contribution (NDC) document. The implications referred to in this study are the implications for policies in the energy sector in climate change mitigation efforts. Considering that the Indonesian Government issued electricity energy policies that have a negative impact on climate change mitigation efforts that are in accordance with their commitments.The type of research carried out can be classified by normative-juridical research where this research is conducted on the level of vertical and horizontal synchronization, toexamined the extent of which written positive laws that are harmonious. In this study, the data sources used were secondary data with primary, secondary, and tertiary legal materials carried out by means of library research.From the results of the research obtained, first, the implication of the Paris Agreement 2015 on energy sector policies in Indonesia is the existence of coordination and policy coherence in the energy sector by related institutions. However, the Indonesian Government still has difficulty in adjusting Indonesia's energy needs for national development with efforts to mitigate climate change in the energy sector. This has caused a lack of efforts by the Government to mitigate climate change in the energy sector. Secondly, mitigation efforts through the energy sector have been incorporated into the National Action Plan for Greenhouse Gases with commitments before the Paris Agreement 2015. There has been no review of these mitigation efforts causing Indonesia's commitment in the Paris Agreement 2015 to have no implications for mitigation efforts through the National House Gas Action Plan.Keyword : Paris Agreement 2015-Climate Change Mitigation-Indonesia Energy Sector Policy
PENEGAKAN HUKUM TERHADAP ANGGOTA KEPOLISIAN YANG MENGGELAPKAN BARANG BUKTI DI WILAYAH HUKUM KEPOLISIAN DAERAH RIAU Muslimin, Muslimin; Effendi, Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Lately we know that the purpose of criminal law in general to protect the interests of individuals and protect the interests of society and the state is the need toagainst members of the police who commit criminal acts in the legal area of the Riau Regional Police General Criminal Investigation Directorate. The purpose of writing this essay, namely; First, to find out the criminal liability of members of the Police who are confirming evidence in the jurisdiction of the Riau Regional Police, Second, To find out the obstacles in law enforcement of members of the Police in the Riau Regional police law that darken the evidence, Third, To find out how to overcome obstacles in enforcement the law of a member of the Police in the jurisdiction of the Riau Regional police who embezzled evidence. The research method used in this study is a type of sociological research, namely by interview method in the Riau Regional Police.From the results of the study, based on three formulations the problem can be concluded. First, the act of embezzlement of evidence carried out by police officers in the territory of the Riau regional police, is clearly an act that is contrary to the law and should be punished in accordance with the applicable laws and regulations. However, the people cannot do much and tend not to dare to report the embezzlement of evidence carried out by these police officers, causing acts of embezzlement that cannot be processed further. Second, Constraints in law enforcement that occur against members of the police who darken the evidence, namely the mental attitude of the police themselves who lack legal awareness and tend to feel comfortable with the actions taken, and the absence of reports from victims due to lack of understanding of the victims of the law . So that this is a major obstacle in law enforcement against criminal acts committed by members of the Third Police, Efforts to overcome obstacles in law enforcement by members of the police in the Riau regional police, identifying and taking effective steps to eradicate police members involved in criminal acts of embezzlement, cracking down on the state civil apparatus involved in the crime of embezzlement of evidence, conducting more in-depth investigations to capture the involvement of other persons, asking the heads of agencies to implement information technology-based service systems to reduce direct relations between officers and the public , providing broad access to the public to service standards transparently. Improving the internal control system to prevent police members from committing criminal acts, especially embezzlement of evidence.Keywords: Law Enforcement - Police - Darkening - Evidence
PERWALIAN PENGURUSAN HARTA WARISAN ANAK DI BAWAH UMUR MENURUT HUKUM PERDATA (STUDI KASUS DI KELURAHAN KANDIS KOTA KECAMATAN SIMPANG BELUTU KABUPATEN SIAK) Kamal, Alisa; 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

If one of the parents dies, the guardianship of children who are immature by law is held by the parent who lives the longest, if one of the husband or wife dies, the husband or wife who lives the longest along with their offspring who are heirs. from the inheritance. If the minor is possessed by the inheritance of the inheritor, the parent who lives the longest is the guardian of the child regarding the care of the child and his assets. In this case related to guardianship issues that occur in Kelurahan Kandis Kota. The purpose of writing this thesis is, first, to find out whether guardianship based on Article 345 KHUPerdata in Kandis Kota Kelurahan, Second, factors that cause guardian neglect in the management of the inheritance of minors in Kandis Kota Kelurahan.This type of research can be classified as sociological research, because in this study the authors directly conduct research at the location or place under study. This research was conducted in the Kelurahan Kandis Kota, while the population and sample 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 study with observation , interviews and literature studies.From the results of the research there are a number of things that can be concluded, first, the determination of guardianship based on Article 345 KHUPerdata that if one of the two parents dies, the parents who live the longest automatically become the guardian of the law for their children while what happens in this problem is the living parent the longest i.e. the mother does not become the guardian of her children. Second, the factors that cause guardian neglect in the management of the inheritance of minors based on the problems studied are due to conflicts in the family between birth mother and uncle and aunt so that the children's rights are ignored and the lack of responsibility of the guardian himself against the inheritance of minors.Keywords: Guardianship, Minors, Responsibility
PENEGAKAN HUKUM TINDAK PIDANA PEMILIHAN UMUM KEPALA DAERAH DI WILAYAH HUKUM KEPOLISIAN RESOR KABUPATEN KAMPAR Alfatah, Alfarouq; Indra, Mexsasai; Ferawati, Ferawati
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 holding of elections is held every five years, this is reflected in Article 22E paragraph (1) of the1945 Constitution which states that "General Elections are carried out directly, publicly, freely, secretly,honestly and fairly every five years". Quality elections are influenced by many factors. Tight competitionbetween advanced regional head candidates can create the potential for various fraudulent practices so thatthey can damage the real purpose, which is honest and fair elections and obtain pure and quality results.The purpose of this thesis is to find out the law enforcement of post-conflict local election actions and to findout the factors that cause the crime of post-conflict local election and in the police law area of Kamparregency resort.This type of research can be classified in the type of sociological juridical research, because in thisstudy the author immediately conducts research on the location or place under study in order to provide acomplete and clear picture of the problem under study. This research was conducted in the jurisdiction ofKampar Regency, while the population and samples were all parties related to the problems examined inthis study, data sources used, primary data, secondary data, and tertiary data, data collection techniques inthis study with interviews and literature review.From the results of the research that the author did, it can be concluded, First, the law enforcementof criminal acts of post-conflict local election in the resort area of Kampar regency police is to establish anintegrated law enforcement center (Gakkumdu center). The two factors causing the post-conflict localelection crime in the Kampar regency police jurisdiction are not understanding the regulations regardingthe stages of the election, the lack of socialization by the organizers, the rigorous electoral competitionagainst regional heads, and economic factors.Keywords: Law Enforcement - Criminal Offense- Post-conflict Local Election
PENEGAKAN HUKUM OLEH KEPOLISIAN TERHADAP PELAKU PENANGKAPAN IKAN DENGAN MENGGUNAKAN PUKAT HARIMAU (TRAWL) DI WILAYAH BUNGUS TELUK KABUNG KOTA PADANG SUMATERA BARAT Hartina, Dian; Effendi, Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Indonesia is one country that has at the same time two geographical forms of a countrycharacteristic, namely the archipelagic state and the mainland state. Indonesia is located between twocontinents, namely the Asian Continent and the Australian Continent, and two oceans, namely the AtlanticOcean and the vast Indian Ocean. Then automatically Indonesia also has a deep sea and the sea which isbetween the islands commonly called the strait. Indonesia which is in a position flanked by two oceans alsocauses the sea or waters in Indonesia to have a variety of abundant natural resources, one of which is alsovery abundant fish and various types. Law of the Republic of Indonesia Number 45 Year 2009 Amendment toLaw Number 31 Year 2004 concerning fisheries article 9 which regulates the prohibition on the use of trawl(Trawl Tiger) fishing gear and everything related to damaging fishing gear. And as one of the countriesthat initiated the recognition of countries with the principles of the archipelago in the United NationsConvention on The Law of the Sea (UNCLOS) 1982 Article 73 paragraph (4) became Law number 17 of1985 concerning Ratification of the United Nations Convention On The Law of the Sea (United NationsConvention on the Law of the Sea). With the 1982 United Nations Convention on the Law of the Sea(UNCLOS), it is not only Indonesia that benefits from the arrangements contained in its articles but also theinternational community in general. However, the sanction provisions contained in the law do not have adeterrent effect . The research method that the authors use is the field research method with research usingan empirical approach and the nature of descriptive research in order to analyze the sanction system in theFisheries Law using the theory of criminal acts and law enforcement. The approach used is a sociologicaljuridicalapproach, namely research conducted on real conditions in the environment of the Ministry ofMaritime Affairs and Fisheries (KKP) and local fishermen in the waters of the Bungus Bay area of Kabung,Padang, West Sumatra City. The result of this research concludes that the provisions of sanctions in theFisheries Law are in accordance with the sanction system in criminal law, which is a two-track system ordouble track system. However, at the level of implementation, the provisions of sanctions are not applied tothe maximum. In addition, the provisions of existing sanctions have not yet reached the goal of punishmentand legal objectives. Therefore it is necessary to adjust the sanctions system in the Fisheries Act with thesanctions system in criminal law, so that sanctions should be determined that should be applied to fisheriescriminal offenders.Keywords: Fishing Using Tiger Trawl (TRAWL) - Law Enforcement by the Police
PENYIDIKAN TERHADAP TINDAK PIDANA PENYELUNDUPAN MINUMAN KERAS YANG MENGANDUNG ETIL ALKOHOL DI WILAYAH HUKUM DIREKTORAT JENDERAL BEA DAN CUKAI TIPE MADYA PABEAN B KOTA PEKANBARU Fajar, Muhammad Abdul; Effendi, Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Smuggling crime is a serious problem in the implementation of thecountry's economy. one item that is often smuggled into the country of Indonesiais liquor. Liquids are excise-related goods containing ethyl alcohol where thegoods are specific and characteristic while negative impacts are necessary so thatthe circulation of beverages containing ethyl alcohol is necessary. Office of theDirectorate General of Customs and Excise Type Medium Customs B, PekanbaruCity, one of the efforts to eradicate smuggling.This type of research can be classified in the type of sociological legalresearch (empirical), because in this study the authors immediately conductresearch on the location or place under study in order to provide a complete andclear picture of the problem under study. This research was conducted in the legalarea of the Directorate General of Customs and Excise of Pekanbaru City, whilethe population and samples were. Head of Counseling and Information Servicessection of the Supervision Office, Customs and Excise Service of Pekanbaru CityB and Manufacturer of ape drinks. The data sources used are primary data, andsecondary data. Data collection techniques in this study were interviews,questionnaires, and literature review.The conclusion that can be obtained from the results of the study is theInvestigation of Alcoholic Smuggling Crimes Containing Ethyl Alcohol is carriedout if the perpetrator of the smuggling is caught and fulfilled the element ofcriminal acts in the field of customs. with repressive law enforcement(prosecution). Obstacles in the investigation of criminal acts of liquor smugglingcontaining ethyl alcohol in the jurisdiction of the Directorate General of Customsand Excise of the Type of Customs, B Customs of the City of Pekanbaru, there are2 (two) factors, namely internal factors and external factors. Interanl factorsconsist of lack of personnel and lack of operational facilities. while externalfactors consist of smuggling offenders who do not directly engage in smuggling,the number of unofficial ports, shipping lines and the lack of observations throughthe Inteijen Team to found immediately a liquor dealer or smuggler containingEthyl Alcohol.Keywords: Investigation, Crime, Smuggling, Liquor, Containing Ethyl Alcohol
Akibat Hukum Terhadap Pembatalan Perkawinan Poligami Terhadap Istri Ke-2 (Dua) Cahya, Adig; Bachtiar, Maryati; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Abstract

Marriage is defined as an agreement between men and women to be married. Organizing marriagesin some communities, sometimes ignoring the true will of the candidate who will marry, even in many cases,the future bride and groom will only find out who he will marry with at the time the marriage will take place. It is often the case that marriages take place according to the wishes of the marriage, but are contrary tothe wishes of the other parties, for example the family, both male and female families or polygamousmarriages that are carried out illegally. The consequence of this situation caused no happiness in thehousehold and forced the marriage bond to be decided or canceled. Cancellation of marriage is regulated inarticles 22 up to and including 28 of the marriage law of 1974. Cancellation of polygamous marriage willcause legal consequences and losses for some parties, especially the second ex-wife.The type of research that is used normative legal research, namely research that is carried out byresearch of primary and secondary legal materials. The author conducts research with a view to attractinglegal principles (Rechtsbeginselen) that can be made against written positive legislation and unwrittenpositive legislation. In this study, the author discussed more about the principles of law, in particular theprinciple of justice in the case of the cancellation of the marriage experienced by the second ex-wife . In thiscase to describe the factors, efforts that can be made to seek justice, and legal protection for the second exwifewho is not regulated in the marriage law.The results of the investigation into this problem were the result of the law of canceling polygamousmarriages for the second ex-wife only in the form of the cancellation of the polygamous marriage. But thereare no legal consequences for the rights of the second ex-wife, none of the laws and regulations in Indonesiaregulate this issue. According to article 28D of the Constitution of 1945, the second ex-wife has the right toobtain justice. The country is immediately guided to form a new rule to regulate the rights and obligations ofthe second ex-wife. Because there are no rules that apply, the second ex-wife can make legal efforts throughnon-court cases in the form of negotiation and mediation or take legal action through legal proceedings inthe form of a civil claim for compensation against the former spouse of a polygamous marriage that wascanceled.Keywords: Marriage - Cancellation - the second wife - right
Penyidikan Tindak Pidana Pelanggaran Jam Operasional Berdasarkan Peraturan Daerah Kota Pekanbaru Nomor 3 Tahun 2002 Tentang Hiburan Umum Gaol, Letjan Lumban; Indra, Mexsasai; Erdiansyah, Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

The increasing growth of business activities in the field of public entertainment makesthe government need to conduct control and structuring so that the realization of qualitypublic entertainment services, efficient and more positive impact on the wider community. Inthe investigation stage, it will be determined who becomes the suspect or suspectedperpetrator of a crime. The purpose of writing this thesis, namely: First, to find out theinvestigation of criminal acts against violations of public entertainment operating hoursbased on Pekanbaru City Regulation Number 3 of 2002 Concerning Public Entertainment.Second, to find out the barriers to investigating criminal acts in violation of operating hoursbased on Pekanbaru City Regulation Number 3 of 2002 concerning Public Entertainment.This type of research used in this study is a sociological juridical legal research in theform of research that takes a rigorous approach to the nature of the law and is in accordancewith keyataan in society or the correlation of law with society, so as to be able to reveal theeffectiveness of the law in society and identify the law unwritten that applies to thecommunity, then proceed with research on primary data in the field or in accordance with therealities of life in the community.From the research results, there are two main things that can be concluded. First, theinvestigation of criminal acts against violations of public entertainment operational hoursbased on Pekanbaru City Regulation Number 3 of 2002 Regarding Public Entertainment, hasnot been carried out properly and optimally. This is proven by the fact that there are still alot of public entertainment businesses that violate operational hours in the city of Pekanbaru,but not all of them are carried out in full in accordance with applicable regulations. Second,barriers to investigating criminal acts against operating hours violations based onPekanbaru City Regulation Number 3 of 2002 concerning Public Entertainment. In lawenforcement, there are still many obstacles and obstacles that arise from inside and outsidethe law enforcement agencies which result in the inadequacy of the investigation process inaccordance with applicable law.The author's suggestion, First, is expected to the investigative officer in conductingthe investigation process in accordance with the rule of law and the investigating officer issupported by understanding and equipped with infrastructure. Second, for the sake of thesmooth and upholding of the law in accordance with Pekanbaru City Regulation Number 3 of2002 concerning Public Entertainment, to reduce obstacles in the process of lawenforcement, it is necessary to increase the legal awareness of the public entertainmentbusiness owners and the public by conducting legal socialization conducted by experiencedand insightful officers broad, improve the correlation between relevant agencies withbusiness actors and the wider community for the achievement of legal ideals.Keywords: Education-Operating Hours-General Entertainment-Criminal acts
Penerapan Mediasi Penal Dalam Penanganan Kasus Tindak Pidana Di Wilayah Hukum Kepolisian Sektor Bantan Kabupaten Bengkalis Siti Zuleha; Dessy Artina; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Penal mediation is one form of dispute resolution outside the judiciary (non litigation) with the helpof other people or third parties who are neutral and do not take sides with either party. There are severallegal bases for the application of penal mediation in Indonesia, namely: National Police Letter of theRepublic of Indonesia No Pol: B / 3022 / XXI / 2009 / SDEOPS, December 14, 2009, Regarding CaseHandling Through Alternative Dispute Resolution (ADR), this letter becomes a reference for the Police tosettle criminal cases through the principle of deliberation and consensus, and respect for social / customarylegal norms and based on justice for the parties, if a case is still in the process of investigation andinvestigation.This research is sociological or empirical research, namely the type of research that uses communityassumptions in looking for facts that occur in the field to answer an existing problem. This research wascarried out in the Riau High Prosecutor's jurisdiction. While the population and sample are parties relatedto the problems examined in this study, the data sources used, primary data, secondary data, and tertiarydata. The technique of collecting data in this study was through interviews and literature review.From the results of the research the authors concluded, the first Settlement of a criminal offense inthe Bantan Sector Police of Bengkalis Regency still uses deliberations between victims and perpetratorsattended by people in the village to reach a decision based on the provisions set by the people In the village,if the reasoning mediation process is carried out, the investigation process in the police of the bus sector isstopped and will not proceed to the Court. Second, the reasons for the police officers to carry out criminalmediation in criminal cases include because in general the perpetrators or the families of the perpetratorsask the investigators that the case is not processed further, the perpetrators / families of the perpetratorsgenerally provide compensation to the victims, so that this is an effort take the victim's heart so as not to suefurther.Keywords: Penal Mediation - Case Handling - Crime.
ANALISIS YURIDIS KEWENANGAN HAKIM PRAPERADILAN DALAM PERINTAH PENETAPAN TERSANGKA BARU DITINJAU DARI HUKUM ACARA PIDANA INDONESIA Dino Setiawan; Zulfikar Jayakusuma; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Adding pretrial objects to the Constitutional Court's decision No. 21 / PUU-XII / 2014 is a form of refinement of the functions of pretrial institutions. One of them was the addition of the object of determining the suspect in the realm of pretrial, which should have been able to strengthen the protection of human rights from the forced efforts of law enforcers to seek legal certainty and justice. The order to determine the suspect by the judge in the decision Number 24 / Pid.Pra / 2018 / PN.Jkt.Sel until now is still a pros and cons because it is not included in the pretrial object as stated in Article 1 point 10 Junto 77 KUHAP or MK Decision No. . 21 / PUU-XII / 2014, so that judges are deemed to have left their authority. The purpose of writing this thesis, namely, First, to find out whether the judge has the authority to order the determination of suspects in pretrial decisions No. 24 / Pid.Pra / 2018 / PN.Jkt.Sel, Second, whether there are legal remedies that can be taken after the pretrial ruling Number 24 /Pid.Pra/2018/PN.Jkt.Sel about the order to determine a new suspect by the South Jakarta District Court, Third, How is the validity of the order to determine a new suspect by a pretrial judge in decision Number 24 / Pid.Pra / 2018 / PN.Jkt.Sel in terms of the Indonesian criminal justice system.This type of research can be classified in the type of normative juridical research, which is precisely research that studies how to synchronize law, because in this study the authors use literary legal materials or secondary data only as data in this study, data sources used, primary legal materials, materials secondary law and tertiary legal material.From the results of research and discussion of the problem there are three main things that can be concluded. First, the pretrial judge in decision Number 24 / Pid.Pra / 2018 / PN.Jkt.Sel must be guided by Article 1 point 10 of Junto 77 of the Criminal Procedure Code that the judge still does not have the authority to order the investigator to determine a suspect against a person. Second, after the pretrial verdict Number. 24 / Pid.Pra / 2018 / PN.Jkt.Sel it is possible to submit ordinary legal remedies and also extraordinary legal remedies for the reason that the pretrial proceedings are quick and simple. This was also strengthened after the issuance of Supreme Court Regulation (PERMA) Number 4 of 2016. Third, the order to determine suspects in a pretrial ruling Number. 24 / Pid.Pra / 2018 / PN.Jkt.Sel was a violation of the provisions stipulated by the law Number 8 of 1981 which becomes the guideline in the procedure for determining a suspect. Because, the judge ordered the determination of suspects who were not his authority. Then it can be said that the decision violates the concept of the justice system - the process of law.Keywords: Pretrial, Determination of the suspect, Due Process of Law.

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