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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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PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENIPUAN DI WILAYAH KOTA TEMBILAHAN KABUPATEN INDRAGIRI HILIR PROVINSI RIAU Irdan Hasan; Erdianto Effendi; Ferawati Ferawati
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

One form of crime that is still very common in society is fraud. For the unscrupulous, the crime is not so difficult to do. Fraud can be done simply by using good communication skills so that someone can convince others. Crimes in the form of fraud and embezzlement are threatened with criminal sanctions, the enforcement still lacks a deterrent effect on violations, because in criminal law enforcement it is not only sufficient to regulate an act regulated in the law, but it also requires the law enforcement agencies to implement the provisions of the lawThis 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 Tembilahan City Region of Indragiri Hilir Regency, Riau Province. The population and sample are the head of the police criminal detective unit in Tembilahan, the Tembilahan police auxiliary investigator, the Chairman of the Tembilahan District Court, Perpetrators of fraud and Victims of fraud. Data sources used are primary data and secondary data.The conclusion that can be obtained from the results of the study is the enforcement of criminal law against fraud in the Tembilahan City Region, Indragiri Hilir Regency, Riau Province, which is still not going well and there are still many frauds that occur. Fraud criminal acts that occur today can be done in various ways from simple to complex. The panel of judges who handed down the conviction verdict referred to the facts of the trial. So that some of the victims were disappointed and judged unfairly against the verdict handed down. The obstacles experienced by criminal law enforcement against fraud in the Tembilahan City Region of Indragiri Hilir Regency, Riau Province consist of law enforcement officers, legal factors and community factors. The factor of law enforcement officers is professional and understanding of fraud that has undergone development. The legal factor is difficult in terms of proof if law enforcement officers are only guided by articles in the Criminal Code. and community factors, namely the community does not fully know and understand various modes of crime, one of which is fraud. Community understanding and knowledge related to the existence of various modes of crime, one of which is fraud.Keywords: Law Enforcement, Criminal Acts, Fraud
FORMULASI PENGATURAN PENANGGUHAN PENAHANAN DENGAN JAMINAN UANG OLEH KEPOLISIAN, KEJAKSAAN, DAN HAKIM DALAM HUKUM ACARA PIDANA DI INDONESIA Simamora, Erwin Hariadi; Indra, Mexsasai; Erdiansyah, Erdiansyah
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

Article 31 Paragraph 1 (One) of Law Number 8 of 1981 concerning the Criminal Procedure Code states that at the request of a suspect or defendant, investigators, public prosecutors and judges, in accordance with their respective authorities, may hold a suspension of detention with or without a guarantee of money. The implementation of the suspension of detention with a guarantee of money is regulated in Article 35 Paragraph 1 (One) Government Regulation Number 92 Year 2015 Regarding the Second Amendment to Government Regulation Number 27 Year 1983 Regarding the Implementation of the Criminal Procedure Code does not regulate the amount of the detention suspension and limitations as well as considerations in determining the amount of detention deferral guarantee money as a result there is no legal certainty, so it is necessary to carry out ideas or ideas with the formulation of detention deferment arrangements with guaranteed money for law in the future. This type of research is a normative legal research that is research conducted with a literature study or literature study in finding data. This research is descriptive in nature which provides detailed and detailed data on existing problems. In this paper using qualitative data analysis which means to explain and conclude about the data that has been collected by the author. This research uses secondary data or scientific data that has been codified. The results of this study are to explain that the limitations in determining the amount of detention deferral guarantee money so far have not been determined, this is because there are no relevant laws and regulations governing them. So, the practice that has occurred so far is the limitation in determining the amount of the security deposit for detention based on the results of the author's research is based on the category of criminal acts, namely the severity of the crime and the amount of personal wealth of the suspect or defendant. The idea or idea that the author offers for the law in the future is to make restrictions on the amount of the detention deferment guarantee money or at least make a list of the price of the detention deferral security deposit adjusted to the category of criminal acts that is the severity or severity of the crime and the economic level of the suspect or defendant. Keywords: Formulation - Suspension of Detention - Money Guarantee
TINJAUAN YURIDIS TERHADAP TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA YANG DILAKUKAN OLEH ASISTEN RUMAH TANGGA TERHADAP MAJIKAN ( STUDI KASUS PUTUSAN NO.386/PID/KDRT/2013/PN.JKT.SEL ) Purba, Boy Calvin; R, Mukhlis; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Karolina Renyaan, who works as a nurse to care for Nazarina, the parent of Novita Purnama Sari, has committed physical violence against Nazarina. From the results of post mortem et repertum No.M 08560 / b21030 / 2012-S8. One of the criminal acts regulated in Article 5 letter a of Law Number 23 of 2004 concerning PKDRT. Article 44 Paragraph 1 of Law Number 23 Year 2004 concerning PKDRT. The scope of household is regulated in Article 2 Paragraph 1 of Law Number 23 Year 2004 concerning the Elimination of Domestic Violence. However, what was stated in Decision Number 386/PID /KDRT/2013/PN.JKT.SEL judges in fact argued that the perpetrator had legally and convincingly violated Article 351 Paragraph 1 of the Criminal Code concerning Torture by imprisonment for 7 months.This type of research is normative juridical legal research, namely research conducted with literature review or literature study in search of data. This research is descriptive in nature which provides data that is as thorough and detailed as the existing problems. In this study using qualitative data analysis which means explaining and concluding about the data that has been collected by the author. This research uses secondary data or codified scientific data.The results of this study explain that the application of Article 351 paragraph (1) of the Criminal Code in this case is not correct, as regulated in the provisions of Article 63 of the Criminal Code, if an act falls under more than one criminal rule, only one of those rules will be imposed. if different, it shall contain the heaviest principal penalty. If a criminal act is included in a general criminal rule, it is also regulated in a special criminal rule, then the specific one is applied. In accordance with the principle of lex specialist derogate lex generalis, it is more appropriate to apply the provisions of Article 44 paragraph 1 of Law of the Republic of Indonesia No.23 of 2004 concerning PKDRT.Keywords. Juridical Review - Domestic Violence - Judgment
AKIBAT HUKUM PENGAMBILALIHAN SAHAM PERSEROAN TERBATAS YANG TIDAK MELAKUKAN PENGUMUMAN SURAT KABAR BERDASARKAN UNDANG-UNDANG NOMOR 40 TAHUN 2007 TENTANG PERSEROAN TERBATAS Tafwan, Jihan; Firdaus, Firdaus; Hasanah, Ulfia
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

Takeover is a legal act carried out by a legal entity or an individual person to take over the Company's shares resulting in the transfer of control over the Company. Article 127 paragraph (2) instructs the directors of the Company to announce a draft summary at least in 1 (one) newspaper that will take over no later than 30 (thirty) days prior to the invitation of the General Meeting of Shareholders. Because with this announcement, all parties interested in the company know that a new shareholder will be held.The purpose of this study was to determine the implementation of the takeover of shares of a Limited Liability Company according to Law Number 40 of 2007 concerning Limited Liability Companies. And to find out the legal consequences of Limited Liability Companies that take shares without making newspaper announcements. This type of research can be classified in the type of normative juridical research that is research conducted by examining literature discussion with secondary data sources consisting of primary legal material in the form of statutory regulations, secondary legal materials legal books, and tertiary legal materials in the form of dictionaries. Then the data were analyzed qualitatively by analyzing descriptive data obtained from secondary data.Conclusions that can be drawn, First, acquisition of shares can be done in 2 (two) ways, namely through the directors of the Company and can be directly from shareholders. If the takeover has passed the procedures stipulated by the Company Law, then the acquisition of shares can be said to be valid and can be legally accounted for. Second, As a result of the Legal takeover of shares that do not carry newspaper news is null and void. Since the first time the share acquisition agreement was made, it has been invalid, so the law considers that the agreement to take over the shares has never existed before.Keywords: Legal Consequences - Share Acquisition - Companies Not Announcing Newspaper
PELAKSANAAN JAMINAN PEMELIHARAAN (MAINTENANCE BOND) SEBAGAI JAMINAN PEKERJAAN KONTRUKSI ANTARA PT. ASURANSI MEGA PRATAMA CABANG PADANG DENGAN CV. MERPATI Febbyana, Febbyana; Firdaus, Firdaus; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Surety Bond is a form of written agreement between three parties, where the surety (surety), provides guarantees to the second party (principal) for the benefit of third parties (obligee). One type of surety bond is maintenance bond. Maintenance bond is a guarantee against damage to work or material that occurs after the job is completed.This type of research can be classified in the study of sociological law, 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 Padang while the population and sample are 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 by interview and literature study.The conclusions that can be obtained from the results of the study are: First, the legal relationship between CV. Merpati with PT. Asuransi Mega Pratama, where the maintenance guarantee agreement has fulfilled the legal requirements of the agreement as stipulated in Article 1320 of the Civil Code. The legal relationship arising from the maintenance guarantee agreement is a mutual legal relationship that can give rise to the rights and obligations of each party. Implementation of the responsibilities of CV. Merpati against PT. Asuransi Mega Pratama has not yet been fulfilled, one of which is the payment of compensation for the compensation experienced by the Tanah Datar District Public Works Office.Keywords: Guarantee, Maintenance, Work , Contruction.
PENYELESAIAN TINDAK PIDANA PENGGANIAYAAN SECARA MEDIASI PENAL BERDASARKAN HUKUM ADAT PADA MASYARAKAT DESA KECAMATAN KABUN KABUPATEN ROKAN HULU Fajri, Muhammad Al; Deliana, Evi; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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This study examines the settlement of criminal acts of torture by mediating the penaltieswhich were resolved through the Kabun District adat institutions so that they can be resolvedpeacefully as quickly as possible. The problem under study is How is the resolution of thecriminal act of torture mediated by penalties based on customary law in the village communityof Kabun District, Rokan Hulu Regency? as well as inhibiting factors in the resolution ofcriminal acts of torture by mediating penalties based on customary law in the villagecommunity of Kabun District, Rokan Hulu Regency?This study uses normative and empirical juridical approaches. The data used includeprimary data and secondary data. The data collection method in this research is to useliterature study and field study. The data processing is carried out by means of Editing thendata classification, Interprestion and data systematization are carried out. Data analysis wasperformed in a qualitative manner.The results of research and discussion show that the process of resolving cases ofcriminal acts of persecution using the mediation of penalties consists of the stages of themeeting consisting of the initial opening, delivery of problems between the parties,identification of agreed matters, formulation and preparation of the negotiation agenda,discussion of issues, laughter - Bidding on case resolution, decision making, and closingstatement. While the post-mediation stage consists of ratification of the results of theagreement, sanctions, obligations of the actors signing the peace agreement. Mediation wascarried out by previously making several considerations, among others, the victim agreed tohold a peaceful effort and resolved through family ties, the impact if the case continues, it isfeared that it will cause a trauma to both the perpetrator and his familyThe implication of this research is that the government needs to make laws andlimitations for criminal acts that can be resolved through mediation at the Customary level, thePolice and the Government need to make laws regarding the procedures for implementingmediation of penalties so that the practice of applying them in the field puts forward thedeliberation approach can be realized in the customary law of the Kabun sub-district.Keyword: Penal Mediation - Criminal Acts of Abuse - Customary Institution
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PERBUATAN MAIN HAKIM SENDIRI DI WILAYAH HUKUM KEPOLISIAN RESOR KOTA PEKANBARU Prillicia, Sheren; Indra, Mexsasai; Erdiansyah, Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

As a stat of law, it is appropriate that the principles of a rule of law must be respected nd upheld, one of the principles is justice, which is the most central idea and at the same time the highest goal taught by every religion and humanity. The act of vigilantism is nothing but the act of exercising rights according to one’s own will which is arbitrary without the consent of other interested parties. In this case related to the vigilante case that occurred in the city of Pekanbaru.The purpose of writing this thesis,namely first to find out the law enforcement against criminal acts of vigilantism in the Pekanbaru district police jurisdiction. Second, to find out the factors causing the criminal acts of vigilante in the Pekanbaru district police jurisdiction. This type of research that wants to ee correlation between law and society, this research was conducted at the Pekanbaru city police department, while the population and sample are all parties related to the problem under study, in this study the sources of data use are primary data, secondary data, and tertiary data, data collection techniques in this study with interviews and literature studies.From the results of the research problem there are two main things that can be concluded. First, law enforcement against vigilantism in the city of Pekanbaru continues to be done by the victim making a report to the police so that the case can be processed, the obstacles faced in law enforcement are the people who do not immediately report, the evidence at the scene of the case, and the society that tends to cover each other. Secondly, the factors causing criminal act of vigilance in the city of Pekanbaru are social feelings and a sense of vigilante. The author suggestion, first is expected to the public to hand over the perpetrators suspected of committing crimes to the authorities nd not to commit vigilantism, secondly there is a need for socialization to the public that igilante conduct is probihitied and includes criminal offense that can be subject for those who commit them.Keywords: Law Enforcement – Criminal Act - Vigilantism
PEMENUHAN HAK-HAK PT. JAMKRIDA RIAU SEBAGAI PENJAMIN DALAM PENYELESAIAN KREDIT USAHA RAKYAT DENGAN CARA SUBROGASI Afni Syafitri; Hayatul Ismi; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Subrogation is one way of salvaging credit, where subrogation is a third party who has paid the debtor's debt by law appearing as a new creditor who replaces the position of the old creditor or the old debtor against the debtor who owes it. The subrogation carried out by the third party here is not to free the debtor from his debts and obligations, but to replace the old creditor to become a new creditor so that the debtor has an obligation to pay his debt to the third party as a new creditor.This study aims to see the fulfillment of the rights of PT. Jamkrida Riau by Bank Riau Kepri as guarantor in the settlement of People's Business Credit by means of subrogation. Furthermore, Bank Riau Kepri be careful in fulfilling the rights of PT. Jamkrida Riau by Bank Riau Kepri as guarantor in the settlement of People's Business Credit by means of subrogation.The type of research used is sociological legal research with interview techniques. The research found that the rights of PT. Jamkrida Riau that is not fulfilled is the repayment of collateral for claims that have been paid to Bank Riau Kepri. PT. Jamkrida Riau has obtained the Guarantee Fee (IJP) from the debtor at the beginning of the loan loan. The efforts of Bank Riau Kepri in fulfilling the rights of PT. Jamkrida Riau is carrying out credit restructuring of the guarantor who has good faith and is responsible. Performing credit execution, the proceeds of the collateral disbursement are dividedJOM Fakultas Hukum Universitas Riau Volume VII No. 2 Juli – Desember 2020 Page 2proportionally. The results of the disbursement of credit collateral that are obtained exceeds the guaranteed debt, then it is returned to the guaranteed.Keyword: Subrogation, fulfillment of rights, Credit Settlement
UPAYA PENEGAKAN HUKUM DALAM MEMINIMALISIR TINDAK PIDANA PEMALSUAN SURAT IZIN MENGEMUDI DI KOTA PEKANBARU Sianipar, Jhon Lenon; Deliana, Evi; R, Mukhlis
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Counterfeiting is essentially to make an object or object look as if it is true and original when in fact it is fake. Falsification of a Driving License (SIM) is a criminal offense against falsifying an authentic letter as stated in article 263 of the Criminal Code and confirmed in article 264 paragraph (1) number 1 of the Criminal Code. The falsification of a SIM card is very common in the city of Pekanbaru, the perpetrators of the falsification of the SIM are the makers of fake SIMs and also users of fake SIMs, with the aim of using SIM facilities that look as if they are true when in fact they contain falsified and non-genuine elements. Fake SIMs circulating within the community are systematic and open, even the perpetrators of fake SIM makers are so easy to offer SIMs from homes to communities in the city of Pekanbaru. The number of criminal cases of forgery of SIMs that occur in the community is still a broad problem, fake SIMs that circulate openly have a bad impact on order on the highway. Efforts from law enforcement against counterfeit SIMs have not been minimized properly, law enforcement is still actively carried out on countermeasures only.This research is a sociological legal research that is research that wants to see the unity between law and society with the gap between Das Sollen and Das Sein. This research was conducted in the Pekanbaru City Police jurisdiction, while the population and sample were all parties related to the problem examined in this study, the data sources used, Primary data, secondary data, and tertiary data. Data collection techniques in this study were carried out through interviews, questionnaires, and literature review.From the results of this study, the law enforcement efforts are illustrated. First, law enforcement efforts Preventive and Refressive have been carried out by law enforcers, while in reality the field that preventive law enforcement is still not optimal. Second, there are obstacles that hinder the implementation of Preventive law enforcement, such constraints as lack of integrity and professional law enforcement, people who are less concerned, are legally blind and do not understand the procedures for making official and correct SIMs, conditions of police facilities and pre-facilities are still lacking, and perpetrators of crimes that intelligent and systematic fraud. Thirdly, efforts are made to reduce barriers to law enforcement in minimizing criminal acts of forgery of SIM by conducting moral and character strengthening of law enforcers, forming a fake SIM Eradication Task Force Task Force, and improving the facilities and pre-facilities of police to support the improvement of law enforcement against falsification of SIM in the city of Pekanbaru.Keywords: Law Enforcement - Criminal Acts - Falsification of SIM
ANALISIS YURIDIS TERHADAP PEMBUKTIAN TURUT SERTA TINDAK PIDANA PEMALSUAN SURAT DALAM PERKARA NOMOR 423/PID.B/2017.PN.PBR Endang Selawati; Emilda Firdaus; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Counterfeiting is a type of violation of truth and trust, with the aim of obtaining benefits for oneself or others. A regular association of life in a well-developed society cannot take place without the guarantee of the truth of some of the evidence of letters and other documents. Therefore falsification can be a threat to the survival of the community.This research is classified into normative legal research, namely research conducted by examining library materials (secondary data) or library research. Meanwhile, when viewed from its nature, the writing of this research is descriptive, which means the research is intended to provide a detailed, clear and systematic description of the main problems of the study.From the results of the research that the author did, it can be concluded as follows: Proof of participating in the crime of falsification of letters in case number 423 / Pid.B / 2017 / PN.Pbr that the Defendant was proven to have committed the falsification based on the evidence presented by the Public Prosecutor. The evidence is witness testimony, Defendant's Statement and Evidence in the form of a fake letter that has a stamp and the signature of the Riau High Prosecutor's Office. The element of participating in the criminal offense of forgery of letters in the offense of inclusion of Criminal Liability for Participants and Committing Acts of Falsification of Letters (Seals and Signature of the Riau High Prosecutor's Office) in Case No. 423 / Pid.B / 2017 / PN.Pbr that perpetrators impose sanctions Article 263 Paragraph (1) Jo Article 55 of the Criminal Code with the threat of imprisonment for 4 (four) months.Keywords: Juridical Analysis - Also Participating - Criminal Acts - Falsification of Letters

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