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INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 2,579 Documents
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PENYELESAIAN PERKARA TINDAK PIDANA MELALUI PERADILAN ADAT (STUDI KASUS DI NAGARI PEMATANG PANJANG KABUPATEN SIJUNJUNG) Miftahul Rahmi; Erdianto Effendi; Adi Tiara Putri
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

The resolution of adat disputes and minor criminal acts is carried out by the adat stakeholders. In practice customary courts have proceeded smoothly in resolving criminal cases, but besides that the problem is related to the legal status and position or legal force of decisions resolved in adat courts in the perspective of national criminal law and whether the decisions have binding legal force.The purpose of writing this thesis, namely: First, Knowing the legal position of customary justice in Indonesian national law, Secondly knowing the process of implementing customary justice in resolving criminal cases in Nagari Pematang Panjang, Sijunjung Regency. This type of research is a sociological.From the results of the research conducted it can be concluded, First, the settlement of criminal cases with customary law is a global trend at this time. The process of resolving criminal cases is not only oriented towards the perpetrators but also accommodates the interests of the victims and the community. An attempt was made to bring things back to the way they were before the case. Apart from being rooted in the law that lives in the community, this pattern of case resolution tends to be more effective and efficient so that it does not leave or cause new problems. Secondly, in Indonesia the settlement of criminal cases with customary law commonly known as peace has been carried out since the existence of customary law itself, namely since the existence of the community. This is done not only because it looks at the interests of various parties but is also considered as an effort to cleanse the soul of the person, the community, and the environment from the evils caused by disputes in the community. So, peace is part of the religion or beliefs held by Indonesian indigenous people. Authors' Suggestions, First the process of resolving criminal cases through the process of customary religion must be maintained in every problem that occurs in the middle of Nagari Pematang Panjang by deliberation and consensus so that the dispute can be resolved by peaceful and familial means. Second, conducting legal studies and exploring the values and local wisdom carried out by indigenous peoples with a number of laws and regulations relating to the existence and authority of traditional institutions in resolving an adat case so that its existence and authority are recognized in resolving legal issues.Keywords : Criminal act - Customary Justice - Nagari Pematang Panjang
PELAKSANAAN SISTEM PENGUPAHAN BURUH PABRIK BATU BATA DI KOTA PEKANBARU BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN Syafitri, Rika; Deliana, Evi; S, Hengki Firmanda
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Wages are workers 'or workers' rights that are received and expressed in the form of money in return from employers or employers for workers or laborers who are determined and paid according to a work agreement, agreement, or legislation including benefits for workers or laborers and their families for an work or service that has been or will be performed. Wages are often equated with the salary of a worker or labor force. In the implementation of the provision of wages or wages the system has been regulated in Law Number 13 of 2003 concerning Labor. But in reality the remuneration system is still not in accordance with the written agreement and is only based on verbal so that there is no concrete work agreement, one of which is in the Batubata Factory in Pekanbaru City. An unwritten wage system is still in place, a payment system with daily wages and no employment contract in an employment agreement. The problems and objectives that will be discussed in this thesis are to find out how the implementation of the Batubata Factory wage labor system in Pekanbaru City Based on Law Number 13 Year 2003 Regarding Employment.This type of research is a survey, which is conducting a survey to the field at the site and 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 Batubata factory workers in Pekanbaru city and to the employment department and Batubata factory workers. while the population and sample are the whole of the parties related to the problem under study in this study the source of the data used are primary secondary data and Tertiary data data collection techniques in this study with questionnaire interviews and literature studies.The results of this study can be concluded that the implementation of the brick factory workers wage system in the city sub-district in the city of Pekanbaru based on law number 13 of 2003 concerning employment has not been running well and is not yet optimal, this is because the system implemented by the Batubata business owner is still experiencing the crisis in the payment of wages to factory workers and the method of payment is to use the system per day and not in accordance with the needs needed by the factory workers.Keywords: Implementation - Wage system - Batubata factory workers - Employment
KEBIJAKAN FORMULASI TERHADAP ANAK SEBAGAI RESIDIVIS DALAM PEMBAHARUAN SISTEM PERADILAN PIDANA ANAK DI INDONESIA Dendy Zufriandi; Emilda Firdaus; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Crimes are not only committed by adults against children, but there are also crimes committed by children. The problem faced at this time is the number of juvenile delinquency cases with perpetrators are former convicted child convicts. The problem of repeated criminal acts (Recidivises) that occur against children in Indonesia is a complex problem and needs to be addressed immediately, so as not to cause unrest in the community. However, in the implementation of children as recidivists do not get clear arrangements in the juvenile justice system law.This type of research can be classified in normative legal research, namely legal research conducted by examining library materials. This study examines the subject matter in accordance with the scope and identification of problems through the statute approach carried out by examining the laws and regulations relating to the legal issues under study. In this study the authors conducted a study of legal principles by utilizing descriptive methods. Data collection techniques used in Normative Legal Research is a method of library research that uses the library as a means of collecting data, by studying books as reference material related to the problem to be examined.The conclusion that can be obtained from the results of the study is the Criminalization of children as a recidivist in the Child Criminal Justice System at this time there is still no regulation governing criminal sanctions against children who commit repetition of a crime (residive), both contained in the Criminal Code or in the Law Criminal Justice System for Children. The absence of basic considerations in the conviction of children both criminal incriminating and mitigating, especially against children as recidivists. The idea of criminalization of children as a recidivist in the renewal of the juvenile justice system in Indonesia is urgently needed in order to formulate a better Indonesian criminal law policy in the future. The idea expected by the author of efforts to cope with children as recidivists is one of them by prevention. Judges in this case must be able to provide a basis for consideration in convicting children both criminal incriminating or mitigating, especially against children as recidivists.Keywords: Policy Formulation, Children, Recidivist Reform, Child Criminal Justice System
PENERAPAN SANKSI PIDANA TERHADAP TINDAK PIDANA PEMBALAKAN LIAR DI KECAMATAN BUKIT BATU KABUPATEN BENGKALIS Sulandari, Devina; Erdianto, Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Illegal logging is a forbidden violates laws and regulations, namely in the form of wood theft in state forest areas or private forests and or permit holders to cut more than the ration specified in the permit. There are many problems and factors that cause major problems in forest management. However, no one can argue that the practice of illegal logging is a crime that has damaged the basic formulation of sustainable forest management. Even what has been noticed is that the illegal logging malpractice has become a system of destruction of resources forest that is fast, systematic, and even purportedly organized.How is it not systematic and organized, if the perpetrators are high-ranking officials, members of the TNI, and not a few members of the National Police. This results in a lack of strict law enforcement against illegal loggers. Therefore, to conduct this research, the researcher uses a sociological juridical research method that is descriptive analytical in nature.From this research the results show, namely: First, illegal logging is a practice of organized crime. Data shows that the perpetrators of illegal logging involve law enforcement. This is what makes constraint and obstacles in the process of law enforcement.Second, the current Forestry Law does not explicitly discuss law enforcement over illegal logging. This can be seen in Article 78 of Law Number 41 Year 1999 concerning Forestry, which shows that sanctions against illegal loggers are still not strict, because there are no minimum sanctions.Third, the ecological impact of illegal deluge, landslides, and depletion of water supplies around the forest area. Not a few lives were lost due to deforestation which caused floods and landslides.Keywords:Implementation-Criminal-Sanctions-IllegalLogging
ANALISIS YURIDIS TERHADAP PUTUSAN PERKARA NOMOR 47/PID.B/2018/PN MANDAILING NATAL PADA KORBAN SALAH TANGKAP BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1981 TENTANG KITAB UNDANG-UNDANG HUKUM ACARA PIDANA Rangkuti, Nurul Ibda Aprilia; Indra, Mexsasai; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

One of the problems that occur in the Criminal Justice System is the violation of rights at one or all levels of examination. These violations can be in the form of procedural violations, administrative violations, personal violations of the suspect to serious violations such as the fabrication of witnesses and the fabrication of evidence of a case. If a suspect's information which is allegedly committed a criminal act is used as evidence for the investigator, it turns out that the acquisition is based on pressure or coercion that results in psychological and physical suffering and creates fear. Acquisition of information as evidence must be declared invalid because it may contain an engineered confession. Violations of procedures and misidentification of victims of criminal acts that still occur today are seen as a result of the weak professionalism of law enforcement officers. Cases of wrong procedures and wrong investigations can lead to errors in determining the culprit or what is often called a wrong arrest. This happened in Case Number 47 / Pid.B / 2018 / PN Mandailing Natal. The purpose of writing this thesis, namely: first, knowing juridical analysis of Decision Number 47 / Pid.B / 2018 / PN Mandailing Natal on victims of wrongful arrest based on Law Number 8 of 1981 concerning KUHAP. Second, knowing the basic analysis of judges' consideration of Case Decision Number 47 / Pid.B / 2018 / PN Mandailing Natal for victims of wrongful arrests under Law No. 8 of 1981 concerning KUHAP.The type of research used in this legal research is the normative juridical method. Therefore, it is used an analysis with a qualitative measure based on the substance of the data collection in drawing conclusions. In drawing conclusions the author uses the method of deductive thinking, which is a way of thinking that draws a conclusion from things that are general to things that are specific.From the results of research and discussion it can be concluded, first, the existence of law enforcement officers who are not professional in carrying out their duties in accordance with the provisions of Law No. 8 of 1981 concerning KUHAP. Second, the judge in deciding a criminal case must consider the formal requirements of evidence and regarding the strength of evidence the judge must see firsthand whether there is correspondence between one and another evidence, the judge should look at the facts that occur in the trial.Keywords: Criminal Justice System, Wrong Arrest, Decision
ASAS ITIKAD BAIK DALAM PERJANJIAN SEWA MENYEWA RUANGAN PERKANTORAN ANTARA PENYEWA DENGAN PEMILIK GEDUNG PT. SURYA DUMAI INDUSTRI TBK DI KOTA PEKANBARU Hutabarat, Tio Dara Sabri; Firdaus, Firdaus; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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The rental agreement for the Surya Dumai building space between PT. Surya Dumai Industri Tbk with tenants regarding the rights and obligations of tenants and owners are regulated in chapter II regarding the Lease Agreement. In chapter IV concerning Leases which states that: "If the tenant renews the lease agreement, the lessee must provide written notification no later than 3 (three) months before the Agreement ends but not sooner than 6 (six) months before the Agreement ends". However, one of the lessee parties does the interpretation to terminate the contract outside the agreement. After 3 (three) months of serving the lease, the tenant terminated the contract without written notification to Surya Dumai. In this case, the lessee has violated the provisions contained in chapter IV concerning Leases.This type of research is empirical juridical research. Empirical juridical research is the form or pouring of the results of research on real laws or according to the realities that live in society. The research location is PT. Surya Dumai Industri Group, which is located at Jl. Jendral Sudirman Number 395, Pekanbaru. The population and sample in this study are tenant relations and administration as well as tenants for Gedung Surya Dumai. Data collection techniques in this study were interviews and literature review.The results of this study are as follows the implementation of the lease agreement of PT. Surya Dumai Industri Tbk, between tenants and building owners is not in accordance with the principle of good faith. In particular, in the implementation of the office space tenant's obligations to the building owner, the tenant is not in good faith in carrying out the office space lease, causing losses to the building owner in implementing the lease agreement. The form of default is being late in fulfilling the achievements. And also the tenant does not have good intentions in resolving the problems that arise in the implementation of this lease agreement, where there is no communication between the tenant and the building owner while the lease agreement is carried out. Efforts made to improve the principle of good faith in the lease agreement for office space are: negotiation or deliberation efforts, providing warning letters to the tenants, and collection efforts.Keywords: good faith principle, agreement, lease
PENYIDIKAN HUKUM TERHADAP TINDAK PIDANA PENYELUNDUPAN TELEPON SELULER DI WILAYAH HUKUM BEA DAN CUKAI KABUPATEN SIAK Ramadhan, Risky; Deliana, Evi; Ferawati, Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Smuggling occurs in many Indonesian customs areas, one of them is the Siak Regency customsarea. The smuggling that took place in the Siak Regency was smuggling mobile phones. Because the customsarea of Siak Regency has many rat ports that are not known by the Siak Customs and Excise officers. Inconnection with the smuggling of cellular telephones, it has been explained in article 33 paragraph 1 of LawNumber 11 of 1995 Concerning excise that the Customs and Excise Official is authorized to take thenecessary actions on goods subject to excise. Regarding the cell phone smuggling case handled by Customsand Excise officials, it starts with the investigation process. The function of the investigation is to find outand determine what events actually happened and in charge of making the minutes and reports that will bethe basis for the beginning of the investigation.This research is a sociological juridical research that is a research conducted by holding legalidentification and how effective the implementation of the law applies in society. This research wasconducted at the Customs and Excise Office in Siak Sri Indrapura Regency. While the population andsample are parties related to the problem examined in this study, the source of the data used, primary data,secondary data, and tertiary data. Data collection techniques in this study were interviews and literaturereview.From the results of the research that the author did can be concluded, first the Legal InvestigationAgainst Cellular Phone Smuggling Acts has not been conducted in accordance with the applicableprovisions as regulated in the Criminal Procedure Code and Law Number 39 Year 2007 Concerning Excise,customs and excise officials have not found cellphone smugglers. this, so that the enforcement of cell phonesmuggling has not been fully erect. The Two Obstacles in Investigation of Cell Phone Smuggling in the SiakCustoms and Excise Legal Territory have two factors. Namely internal and external factors.Keywords: Legal Investigations - Criminal Actions - Smuggling
PERTANGGUNGJAWABAN PENYIDIK KEPOLISIAN REPUBLIK INDONESIA DALAM TINDAKAN PENANGKAPAN TANPA ADANYA SURAT PERINTAH PENANGKAPAN Yunelfi, Dian Rahma; Firdaus, Emilda; R, Mukhlis
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Arrests carried out in the absence of an arrest warrant made by police investigators constitute acts contrary to the law which have been explained how to implement them in the Criminal Procedure Code, especially in Article 18 and are also regulated in the Regulation of the Head of the Indonesian National Police Number 6 Year 2019 concerning Criminal Investigations. Many cases of arrests without an arrest warrant can lead to arbitrary treatment by law enforcement and cause legal uncertainty for victims or suspects.This type of research can be classified as a type of normative legal research which specifically discusses the principles of law that are carried out on the legal norms which constitute a standard of behavior or attitude.The results of the research conducted by the author are that police investigators must be held liable for criminal liability because they have made mistakes in conducting the investigation process which will refer to professionalism as law enforcement. And also can provide legal certainty for victims and their families. The mistakes made by the police investigator should be justified as they should be not only in the form of apologies but also compensation and various sanctions that can be given to him.Keywords: Responsibility-Investigator-Arrest without a warrant
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENYALAHGUNAAN PENGANGKUTAN DAN PERNIAGAAN BAHAN BAKAR MINYAK BERSUBSIDI DI WILAYAH HUKUM KABUPATEN BENGKALIS Triana Lestari; Evi Deliana; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Bengkalis Regency is one of the regencies in Riau Province, Indonesia is the largest producer of petroleum which is the largest source of its regional budget along with gas. The criminal act of misuse of transportation and commerce of subsidized fuel which has occurred in Bengkalis Regency lately has become one of the cases that has taken a lot of public attention. This shows that the ineffectiveness of law enforcement's performance in tackling the misuse of transportation misuse and subsidized fuel business in the jurisdiction of Bengkalis Regency.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 in the jurisdiction of Bengkalis Regency. 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, law enforcement against the misuse of transportation misuse and subsidized fuel business in the jurisdiction of Bengkalis Regency is still not going well and there are still many criminal acts of fraud that occur. Second, the obstacles experienced in law enforcement against criminal acts of misuse and subsidized fuel trading in the Bengkalis Regency jurisdiction consist of factors of law enforcement officers, legal factors, facilities and facilities factors and community factors. Third, the efforts that can be made in overcoming the inhibiting factors in law enforcement against the misuse of transportation misuse and subsidized fuel business in the jurisdiction of Bengkalis Regency both preventive (preventive) and repressive (enforcement) are still not maximally carried out.Keywords: Law Enforcement, Crime, Abuse, Fuel, Subsidized
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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Abstract

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

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