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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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UPAYA PENCEGAHAN TINDAK PIDANA TERORISME OLEH DIREKTORAT INTELIJEN KEAMANAN DI KEPOLISIAN DAERAH RIAU Nurhediansyah, Redyka; Effendi, Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

In the development of today's society, along with the increasing development of technology, transportation, information and communication, so that it has an impact on the pattern of people's lives. These developments not only have a positive impact but have a negative impact, such as the behavior of irregularities in society, namely acts of terror or terrorism. The Police have an Intelligence Directorate in charge of maintaining security. The Directorate of Intelligence Security as part of the dynamic structure of police activities has an important and strategic role in helping to prevent terrorism. The purpose of this thesis is to know the Terrorism Crime Prevention Efforts by the Directorate of Regional Security Intelligence in the Riau Regional Police. This research is sociological or empirical research, namely the type of research that uses community assumptions in looking for facts that occur in the field to answer an existing problem. This research was conducted in the jurisdiction of the Riau Regional Police. while the population and sample are parties related to the problems examined in this study, the data sources used, primary data, secondary data, and tertiary data. The technique of collecting data in this study was through interviews and literature review. From the results of the research the authors concluded, first the role of the Directorate of Security Intelligence in Efforts to prevent terrorism in the Riau Regional Police, namely conducting investigations by providing information or information material called intel products to the User. in the form of information reports, special information, and assignment report. Terrorism Crime Prevention Efforts by the Directorate of Security Intelligence in the Riau Regional Police are by pre-emptive or preventive measures, prevention efforts that are carried out are to deal with former terrorism prisoners and early detection of groups that can fall prey to terrorism groups, related agencies such as the National Counterterrorism Agency and Detachment 88 also cooperates with each other in efforts to prevent terrorism by actively disseminating the dangers of terrorism to the public. It is expected that all law enforcement agencies will be more maximal in making prevention efforts against these crimes, by increasingly conducting counseling on the dangers of terrorism. The relevant government must also coordinate with relevant institutions engaged in counter-terrorism efforts so that the solutions to the obstacles encountered by field personnel can be found together.Keywords: Ditintelkam - Police - Prevention - Terrorism
PELAKSANAAN PERJANJIAN SURAT PEMESANAN TOKO ANTARA PIHAK PEMESAN DENGAN PT. MAKMUR PAPAN PERMATA DI SUKARAMAI TRADE CENTER PEKANBARU Dahnil, Silmia; 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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Abstract

In accordance with the agreement made by PT. Makmur Papan Permata with traders / buyers ofshop units where when the building construction has been completed, handover will be carried out,handover is carried out on condition that the merchants who have made an order at that time must makepayment for the purchase, with 30% dp and continued payment of 70 % that can be done by repayment, instages or by entering into a credit agreement. The agreement went on as it should until a force majeure tookplace, namely a fire in 2015. Then PT. Makmur Papan Permata formed an addendum to the agreement thathad lasted so far with the merchant / owner of the store unit that ended up when the force majors took place.The purpose of this thesis is; First, to find out the implementation of the agreement between the rightsholder and PT. Makmur Papan Permata at Sukaramai Trade Center Pekanbaru. Second, to find out theobstacles of implementing the agreement PT. Makmur Papan Permata at Sukaramai Trade CenterPekanbaru.This type of research is sociological, because in this study the authors directly conducted research atthe location under study, in order to provide a complete picture of the problem under study. This researchwas conducted in the Pekanbaru area precisely at PT. Papan Makmur Permata on Sisingamangaraja Street,while the population and sample are all parties related to the problems examined in this study, the datasources used are primary data and secondary data, data collection techniques in this study withquestionnaires, interviews, and literature review.From the results of the study there were two main points that were concluded; First, PT. MakmurPapan Permata has done a default in the form of not fulfilling or carrying out the achievements as specifiedin the store order letter. Second, the obstacles in implementing the agreement of PT. Makmur PapanPermata in the Sukaramai Trade Center Pekanbaru is a factor in the delay in the handing over of the storeunits due to internal and external factors that are sufficiently hampering the smooth implementation of thedevelopment process in a timely manner. Author's Suggestions, First, In the implementation of theAgreement of Booking between the Buyer and PT. Makmur Papan Permata at the Sukaramai Trade CenterPekanbaru still lacks good communication between parties. Second, so that the buyer of the store is notdisadvantaged in the implementation of the agreement. Makmur Papan is related to the responsibility forcarrying out the Order Agreement.Keywords: Implementation of the Agreement, Force Major, Default.
ANALISIS YURIDIS PERTANGGUNGJAWABAN PIDANA PARTAI POLITIK SEBAGAI KORPORASI DALAM TINDAK PIDANA KORUPSI Yolanda Putri; Mexsasai Indra; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

One problem that has received much attention in this reform era is corruption. Corruption costs the poor by distorting funds used for development activities. Since its establishment, the Corruption Eradication Commission (KPK) has ensnared 891 corruptors, as many as 223 others are cadres of political parties. So far, politicians with the status of corruption suspects have always been punished by the court, but there is no reward for the political parties where they take shelter. Whereas political parties benefit from criminal acts that occur. By following the line of thought in corporate crime, political parties should also be charged with corruption. This research uses the typology of normative legal research or so-called doctrinal legal research, which more specifically discusses the principles of law. In this study, researchers used the nature of dextiptive research, because researchers described the Juridical Analysis of Criminal Liability of Political Parties as Corporations in Corruption Crimes. The results of the research is up to now political parties have never been held liable for criminal acts for corruption which involve them, whereas based on the characteristics of the corporate concept in the law on corruption eradication, political parties can be equated with corporations in criminal law. Supreme Court Regulation No. 13 of 2016 concerning Procedures for Handling Criminal Cases by Corporations, which is the latest legislation issued to act on political parties as corporations, still has weaknesses, including not explaining the criteria of subjects that can be criminally liable. So as to cause the actions of people in carrying out the duties and authorities in a corporation (political party) it can actually be accounted for personally.Keywords: Accountability - Political Parties – Corporations - Criminal Acts - Corruption
PENGAKUAN AMERIKA SERIKAT TERHADAP PRESIDEN TIDAK SAH DI VENEZUELA DIKAITKAN DENGAN PRINSIP NON-INTERVENSI DALAM PERSPEKTIF HUKUM INTERNASIONAL Yolanda Pramandika; Zulfikar Jayakusuma; Adi Tiaraputri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

In International law, recognition is a form of formal statement about the status of a sovereign state from one state to another. Recognition of the new government is an actual problem that often arises. President and Vice President of the United States, Donald Trump and Mike Pence in a tweet on their official state twitter account which contains an official statement announcing officially recognizing Juan Guaido as Provisional President of Venezuela. The United States has also put pressure on Maduro to step down, including imposing an embargo on Venezuela's main oil company and threats of military invasion showing that the United States is at the forefront of the coup.This type of research is a normative juridical research which is classified as research that discusses the principles of law contained in International Law, such as the non-intervention principle. This research when viewed from its character, belongs to approach of legal principles that are descriptive. In normative legal research the data source used is secondary data. Secondary data in this research can be divided into three, namely primary data, secondary data, and tertiary data. Data collection techniques in this research were collected by means of a literature research.From the results of the research found that, first, the United States recognition of the Government supported in Venezuela is a recognition that is not in accordance with the rules of international law. Second, international organization in general and regional have set various rules regarding the forms of intervention and some actions that can mediate disputes between countries. The author advice, that the practice of recognition is expected to be in line with international law, especially the non-intervention principle in order to maintain international peace and security. .Keywords: Non Intervention Principle - Recognition of the New Government
EKSISTENSI PERADILAN KONEKSITAS DALAM PERKARA TINDAK PIDANA KORUPSI DI INDONESIA PASCA LAHIRNYA KOMISI PEMBERANTASAN KORUPSI Faldi Ahmad Jurio; Emilda Firdaus; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Corruption can be committed by any community. Did not rule out the possibility of being carried out by members of the military (TNI) together with civilians, who formally must be tried legally in court koneksitas. Connection cases both for general crime and special crime (corruption). The legal basis of justice trials is regulated in Article 89 of the Criminal Procedure Code, Article 198 of Law Number 31 of 1997 concerning Military Justice and Article 16 of Law Number 48 of 2009 concerning Judicial Power. And with the enactment of Law Number Law Number 48 of 2009 concerning Judicial Power, an implementation regulation regarding Article 16 is needed, so that there is uniformity in the provisions of the Articles concerning justice trials.The purpose of this thesis is: First, to find out how the existence of koneksitas justice in corruption cases in Indonesia after the birth of the Corruption Eradication Commission. Second, to find out the strengths and weaknesses of koneksitas justice in prosecuting corruption cases in Indonesia after the birth of the Corruption Eradication Commission.This type of research is normative legal research or can also be called doctrinal legal research. From the results of the study, based on two problem formulations can be concluded. First, the existence of the koneksitas justice in corruption cases after the birth of the corruption eradication commission should be paid more attention. Considering that justice is already regulated in the Criminal Procedure Code and Law Code. The legal culture that occurs should also be fairer and don't look at the feather in handling the law. Law enforcement officials must also be more assertive in handling corruption cases between two courts. in order to create legal certainty. Second, the strengths and weaknesses in connection justice should be a reference for using that trial. Because justice connectivity is designed to facilitate coordination and resolution of corruption cases between the two courts. The criminal process if using connectivity will also be more fair and transparent because it is tried in one court. Connectivity justice also benefits both parties because they remember that members of the military have their own judiciary in handling corrupt acts committed by members of the TNI.Key words: Military-Corruption Justice-Military-Corruption-Corruption Eradication Commiss
Kebijakan Hukum Pidana dalam Perlindungan Hukum Terhadap Korban Pelecehan Seksual Secara Verbal Halawa, Ramadani Saputra; Effendi, Erdianto; Rahmadan, Davit
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Criminal provisions regulated in the Criminal Code Book in chapter XIV are formed by the legislators with the intention to provide protection against immoral acts or ontuchte handelingen and against behavioral behaviors both in the form of words and in the form of deeds acts that offend immorality. This is because it contradicts people's views of propriety in the field of sexual life, where the words have been spoken or where the deed has been carried out, as well as in terms of the habits of the local community in carrying out their sexual lives.This research is a normative juridical study or normative legal research. Normative juridical legal research or normative research is research that discusses the principles of law, legal systematics, the extent of legal synchronization, legal history and legal comparison.From the results of the research that the author did can be concluded, the first law enforcement against verbal sexual harassment is still not going well because there are inhibiting factors in the process. Obstacles - obstacles include: Factors of the law itself, Factors of law enforcement officials, Factors of the community, Second, overcoming crime is done through several stages, namely the formulation stage, the application stage and the execution stage. In the process of criminalization also must pay attention to two central issues in criminal law policy. Protection against victims of verbal abuse by catcalling can be done through the rights enshrined in Article 5 of Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection of Witnesses and Victims, Law Number 39 of 1999 Concerning Human rights.Kanci Words: Criminal Law Policy - Legal Protection - Verbal Sexual Harassment
IMPLEMENTASI PERAN HAKIM PENGAWAS DAN PENGAMAT DI LEMBAGA PEMASYARAKATAN KELAS II B BANGKINANG Khodikatul Janna; Evi Deliana; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Judges have independent power which means that they are free from the influence of any party. Apart from carrying out their main duties, namely examining, hearing and deciding cases in court, judges also have other important duties and roles. Another task is the task of supervising and observing the development of prisoners in the correctional institutions so that they run well and be successful. The Supervisory and Observing Judges are regulated in the Criminal Procedure Code Articles 277-283 and also the Supreme Court Circular Letter Number 7 of 1985 concerning Guidelines for the Implementation of the Duties of Supervisory and Observing Judges. However, in the current reality, the role of the Supervisory Judge and observer is not running properly as it should have been regulated by law. The problems that will be answered in this thesis are, the role of Supervisory Judges and Observers in Bangkinang Class II Correctional Institution, Obstacles faced by supervisory judges and observers to the pattern of guiding prisoners in Class II B Bangkinang Correctional Institutions, furthermore the importance of supervision and observation by judges who supervise and observe the pattern of guiding prisoners in Bangkinang Class II Correctional Institutions and how it affects the increase in the crime rate.This type of research can be classified as sociological, because in this study the author directly conducted research at the location or place under study in order to provide a complete and clear picture of the problem under study. This research was conducted at the Bangkinang Class II B Prison and the Bangkinang District Court, while the population and sample were all parties related to the problems studied in this study, the data sources used were primary data, secondary data, and tertiary data, data collection techniques. in this study with observation, interviews, questionnaires, and literature study.From the research results, it can be concluded that, first, the role of the Supervisory Judge and Observer has not been going well and successfully. Second, the obstacles faced by the Supervisory Judge and Observer are the large number of activities in the Court and the lack of facilities and infrastructure. Third, the importance of the role of the supervisory judge and observer greatly affects the increasing number of crimesKeywords: Role - Supervisory Judge and Observer - Prisoners
TINJAUAN HUKUM TERHADAP PERAN PIALANG ASURANSI DALAM PELAKSANAAN ASURANSI PADA PT. ESTIKA JASATAMA DALAM PENYELESAIAN KLAIM NASABAH ASURANSI KERUGIAN Wira Wijaya, Ryan Nugraha; Ismi, Hayatul; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

Insurance broker or broker insurance is a person who works at an insurance brokerage company and meets the requirements to provide recommendations or represent policyholders, insured, or participants in closing insurance or sharia insurance and / or claim settlement. The insurance broker is not only a liaison between the insured and the insurance company, but also provides consulting services for prospective insured. Because the prospective insured could still be confused choosing the right insurance company according to the risk profile.This type of research can be classified in the type of sociological (empirical) legal research, because in this study the authors directly conduct research at the location or place of study in order to provide a complete and clear picture of the problem under study. This research was conducted at PT. Estika Jasatama Pekanbaru, because the location is the author's value is relevant to the title raised by the author, while the population and sample are the company PT. Estika Jasatama, the customer who submitted the claim to the insurance party, and the Insurance Company. Data sources used are primary data and secondary data. Data collection techniques in this study were interviews, and literature review.The conclusions that can be obtained from the results of the study are First, the role of the insurance broker PT. Estika Jasatama in settling customer claims is not optimally run. The broker does not carry out its responsibilities in handling insurance claims settlement and cannot optimize the fair compensation value through a negotiation process with the insurance company. So that customers do not get insurance claims as they should. and Second, the cause of the insurance party does not pay insurance claims to the customer caused by insurance brokers who do not carry out and fulfill their obligations to the parties in the case of this study. Broker's mistakes are less thorough in carrying out the insurance closure process until the settlement of the claim so that the claim is not paid according to what is stated in the insurance policy to the parties.Keywords: Legal Review, Role, Insurance Brokers, Settlement of Claims, Insurance, Losses.
PENERAPAN GOOD CORPORATE GOVERNANCE DALAM PENGELOLAAN YAYASAN DI KOTA PEKANBARU Wita Ananda Chikita; Firdaus Firdaus; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Foundation Law Number 16 Year 2001 regulates the existence of a Supervisory or Supervisory Agency in a Foundation, which is internal to the Foundation itself. Being able to run a foundation properly is certainly the success of the coaches, administrators and supervisors in carrying out their respective duties and authorities. Of course the coach plays a big role in the progress of a foundation, because apart from being the highest organ in the foundation, the coach also has a big enough task in the foundation. If the Management commits a violation and results in a loss for the Foundation, then the Trustee has the authority to follow up on the Management.This research uses a typology of sociological legal research or what is also called non-doctrinal legal research, which deals more specifically with legal effectiveness. In this study the authors use descriptive research characteristics, sociological legal research is research carried out directly in the location or in the field to obtain data to provide a complete and clear picture of the problem under study, this research was conducted at five foundations in Pekanbaru City, namely the Foundation. Ilham Orphanage, Ash-Showah Orphanage Foundation, Ar-Rahim Orphanage Foundation, Al-Akbar Orphanage Foundation, and Aisiyyah Orphanage Foundation. From this research, it was found that the implementation of Good Corporate Governance in the regulations regarding the establishment of a Foundation in Pekanbaru City, and how the implementation of Good Corporate Governance in the management of the Foundation in Pekanbaru CityThus, the realization of the implementation of GCG in the establishment of a foundation can be established in the manner stipulated by the Foundation Law. In Article 9 paragraph (1) it is stipulated that a foundation can be established by one or more persons by separating the assets of the founder as initial assets, this provision indicates that the establishment of a foundation is not based on an agreement, first it should be established in accordance with the principles of GCG and in accordance with The Foundation Law which regulates, furthermore, the implementation of GCG in the management of the foundation should be in accordance with the placement of the principles of balance in the Foundation starting from the roles of Foundation organs, and also the application of the Foundation's relationship to the parties, in avoiding conflicts that have often occurred in between the parties in it, as well as the placement of the burden of responsibility, according to the objectives of the foundation as stated in Article 1 paragraph (1) of Law Number 16 of 2001.Keywords: Implementation- Good Corporate Governance - foundation
ANALISIS YURIDIS TENTANG PEMBEBANAN PERTANGGUNG JAWABAN PIDANA YANG DILAKUKAN KORPORASI Hidayahtullah, Yusuf; Jayakusuma, Zulfikar; R, Mukhlis
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Forest and land fires that occur in the community or in other institutions such as Corvation often occur during the dry season, so that it is affected by individuals who improve land that is expected to save the lives of people who cause the disease. This type of research finds juridical research normative, because in this study the authors used literature studies. The data source that I use, primary data, secondary data, and tertiary, data merging techniques, in this study is to replace studio studies of the study of books, literature, notes and reports that relate to the problems that the authors examine. From the results of the study the problem of two main things that can be concluded. First, what is the determination of determining the payment of liability for the land and forest acquisition. Second, how is the liability of the sentence carried out by the company in the event of a vacancy? Authors' Suggestions, firstly Based on article 49 of Law Number 41 Year 1999 Concerning Licensing Related Rights or Permits responsible for forest fires in the area taken over, according to the case of PT Wahana Sumber Sawit Indah (WSSI) responsible for forest and land fires caused by negligence / neglect is not the business of H Thamrin Basri who is considered as the company's leader. PT Wahana is a source of beautiful palm oil Siak district responsible for the company is the company responsible for the company handling the vacancy of the company responsible for the assistance submitted by Mr. Thamrin Basri whose responsibility is not on target. Keywords: Criminal Liability Conducted by the Corporation

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