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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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PERGESERAN PERAN PEMERINTAH TERHADAP PENGAWASAN ORGANISASI KEMASYARAKATAN BERDASARKAN UNDANG-UNDANG ORGANISASI KEMASYARAKATAN DI INDONESIA Islami, Muhammad Izzul; Firdaus, Emilda; Artina, Dessy
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

Based on the number of Community Organizations that were born since the tap was opened by the government, the government took steps or roles by issuing Legislation regarding Community Organizations, the quick step taken was to issue Government Regulations in lieu of Laws (Perppu), namely Perppu Number 2 Year 2017 regarding amendments to Law Number 17 of 2013 concerning Social Organizations issued and signed by President Jokowi on July 10, 2017 and approved by the House of Representatives as Law through Plenary Session on October 24, 2017. This research is a normative legal research, because it is based on library research which takes excerpts from reading books, literature, or supporting books that have relation to the problem to be studied, assisted with primary, secondary and tertiary data sources. This study uses qualitative data analysis and produces descriptive data. From the results of the study, it was concluded that, First, in the current CSO Law namely Law Number 16 Year 2017 there was a reduction in the portion of the government's role in CSO oversight compared to the previous CSO Law. Which, Law No.17 of 2013 has increased the role of government in supervision compared to Law No. 8 of 1985. In the future, a better arrangement in the future is to increase the number of regulations that focus on government oversight of CSOs, such as how to model development and empowerment of CSOs. So that with a more massive supervision and set forth in the organization of Mass Organizations, it will provide the right to freedom of association to be more accommodated and directed in accordance with our country's ideology, Pancasila. The author's suggestion is, First, it must re-adjust the role of the government, especially in monitoring CSOs by revising Law 16 of 2017 on this CSO or making special regulations for the supervision of CSOs so that they are in accordance with Pancasila and / or the 1945 Constitution and maintain the spirit of freedom of opinion and gather around. Secondly, In addition to increasing regulations that focus on oversight of CSOs, it can also add instruments by involving the Constitutional Court in the supervision of CSOs, especially in interpreting ideologies that are contrary to the 1945 Constitution. Because the state institution that has the right to interpret the Constitution is the Constitutional Court. Keywords: Oversight, CSOs, Role of Government
Penjatuhan Putusan Hakim Di Bawah Batas Minimum Khusus Dalam Tindak Pidana Korupsi Mulyani, Ade Desti; Deliana, Evi; Ferawati, Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Efforts to eradicate corruption have become a global problem, no longer a regional one. The main problem is that corruption increases along with advances in prosperity and technology. Law enforcement in criminal acts of corruption is not optimal because the verdicts of judges in corruption cases still disappoint the public but benefit or make the corruptors happy.In practice, there is a verdict from a judge in adjudicating a criminal act of corruption that imposes a criminal threat on the defendant by breaking through the special minimum rules as stipulated in the Corruption Eradication Law, namely in decision Number 196 K/Pid/Sus/2007 and Decision Number 2399 K/Pid.Sus/2010.This type of research can be classified as normative, this research is a study of legal principles related to juridical analysis of the Decision Number 196 K/Pid/Sus/2007 and Decision Number 2399 K/Pid.Sus/2010 which impose decisions below the special minimum limit. Data sources are supported by secondary data sources which consist of 3 legal materials, namely: primary legal materials, secondary legal materials, tertiary legal materials. The data collection technique is literature review.Keywords: Penjatuhan Putusan Hakim - Bawah Batas Minimum Khusus -Tindak Pidana Korupsi
PERTANGGUNGJAWABAN PENYIDIK KEPOLISIAN REPUBLIK INDONESIA DALAM TINDAKAN PENANGKAPAN TANPA ADANYA SURAT PERINTAH PENANGKAPAN Dian Rahma Yunelfi; Emilda Firdaus; 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

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
PERALIHAN HAK TANGUNGAN SECARA DIBAWAH TANGAN ATAS TANAH AGUNAN PT. BANK RAKYAT INDONESIA CABANGSINTONG KECAMATAN TANAH PUTIH KABUPATEN ROKAN HILIR RIAU Dewo, Punto; Bachtiar, Maryati; Hasanah, Ulfia
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

As you can see, the community has made lending and borrowing activities something that is very much needed to support the development of their economic activities and to improve their standard of living. Lenders who have excess money or excess funds are willing to provide loans to those who need it. On the other hand, the borrower is based on a specific need or purpose to borrow the money.The problem that the writer makes the basis of this research is how the implementation of the transfer of mortgage rights at PT. Bank Rakyat Indonesia branch of Duri Desa Sintong Pusaka, Tanah Putih Subdistrict, What are the factors that caused the transfer of underhand mortgage rights at PT. Bank Rakyat Indonesia, branch of Duri Desa Sintong Pusaka, Tanah Putih Subdistrict and, What are the legal consequences arising from the Underhand Transfer of Mortgage Rights.This type of research can be classified into the type of empirical or sociological research, because in this study the author directly conducts 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 PT. Bank Rakyat Indonesia, data sources used are: primary data and secondary data, data collection techniques in this study with observation, interviews and literature review.The results of this study are first. The implementation of the transfer of security rights must be carried out in accordance with Law Number 4 of 1996 concerning Mortgage Rights that the transfer can be carried out if the creditor knows and the transfer must be registered at the land office and must have a deed of transfer of mortgage rights, the two factors causing the transfer of Mortgage Rights are below hands are: Economic factors, Unable to make repayments, Ignorance of applicable rules, The amount of costs to be incurred, Looking for more profit. And thirdly, the legal consequences arising from the transfer of mortgage rights under the hand according to Article 11 paragraph 1 of the Mortgage Rights Law states that the transfer must include the names and identities of the parties and their domicile, while the transfer under the hands does not state this so the legal consequences arise. is null and void because the provisions of the article are compelling.Keywords: Mortgage, Debtor, Creditors
PENAFSIRAN PASAL-PASAL MAKAR TERHADAP KASUS-KASUS POLITIK DI ERA PRESIDEN JOKO WIDODO Syahra Syahra; Erdianto Effendi; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Makar is a form of attack or resistance against a legitimate government with a view to overthrowing the government or opposing a policy that has been determined by breaking the law, either through weapons or other forces or in other ways. In theory, a plot known to the public is a plot shown in a country that can be divided into three parts, namely the plot towards the safety of the President and Vice President, to the territory of the State, as well as to the government. These three actions are regulated in Chapter I of Book II of the Criminal Code on Crimes against State Security, namely Article 104, Article 106, and Article 107.This research uses library research method. This research was conducted by examining the laws, documents and literature relating to the research material. The research approach used in this research is descriptive analysis, which uses research on legal systematics and examines existing norms in criminal law and criminal law regulations, especially the Criminal Code (KUHP) and Law Number 27 of 1999 concerning amendments to the Criminal Code relating to Crimes Against State Security, then the data will be analyzed based on normative-juridical.The results of this study indicate that treason crime is a very dangerous form of crime and is also categorized as a political crime that has characteristics of motives and objectives that are different from ordinary crime and threatened with severe criminal sanctions. a. related to whether the appropriation of the use of Article treason against State security is applied to the suspects is treason offense is an incomplete trial offense related to the security of the State concerning the safety of the president and vice president, rebelling against the legitimate government and sovereignty of the country's territory. b) the allegation of treason committed by police investigators is a form of premium remedium that makes positive law in the Criminal Code as part of protecting the legal interests of the community and the interests of the country's law. In carrying out their role as investigators, the police play an active role in conducting investigations of treason crimes. The police in their role of investigating treason crimes refers to the Criminal Code. Related to the authority of the police to investigate a crime is regulated by the Criminal Procedure Code and the Police Law. In addition, in this case the investigator must understand what is suspected of the suspect in bringing down the treason case. in addition to understanding the offense treason investigators must also be able to prevent the occurrence of a crime of treason.Keywords: Interpretation, Makar Article, Political Case diera President Joko Widodo
POLITIK HUKUM PENGATURAN ALAT PEMBATAS KECEPATAN DI KOTA PEKANBARU Ester Nataliana; Dessy Artina; Widia Edorita
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

A speed limiting device, or in layman’s term, a speed bump, and commonly known as polisi tidur (lit. sleeping policeman) in Indonesia, is a traffic engineering tool that functions to control the speed of vehicles traversing on a road, particularly in residential areas to protect road users. The installation of a speed limiting device that is not in accordance with the existing standard safety procedure or regulation may cause discomfort to vehicle users passing over it or even result in danger or other disruptions.The purpose of this research is to conduct an in-depth study into the legal politics governing the regulation of speed limiting devices in Indonesia and to determine the ideal regulatory arrangements for speed limiting devices in the city of Pekanbaru. The research focuses on establishing evidence that there is no regulation that authorizes Pekanbaru citizens to make or install speed limiting devices at their own discretion.The research was conducted using an empirical judicial approach, which is a type of field research that examines the existing legal policies and observes what happens in its actual implementation in the society. The research data was gathered using 2 (two) data collection techniques, interviews and library research, and analyzed using a qualitative approach that produces descriptive data containing discussions or explanations on the features of the respondents based on their writing, verbal statements or real behavior. Based on the discussions, conclusion was drawn with deductive reasoning, which is a top-down logical approach of drawing conclusion starting from the general to the specific, whereby the researcher arrives at a conclusion by observing real variables and inferring specific information from the observation.The findings of this study suggest the fact that legal politics is manifested in the revision or amendments of legislation. In this case, it can be interpreted that the ebb and flow, or the continuous revision of laws governing speed limiting devices indicates the involvement of legal politics in regulating speed limiting devices in Indonesia, which leads to the change in the format or form of the regulation pertaining to speed limiting devices in Indonesia, particularly in Pekanbaru. To deal with the problem of speed limiting devices in Pekanbaru, it is recommended that a local regulation called the Mayor Regulation of Pekanbaru City be established as an ideal regulatory framework for speed limiting devices in Pekanbaru.Keywords : Legal Politics - Ideal Regulatory Arrangements - Speed Limiting Device
PERLINDUNGAN HUKUM TERHADAP KECELAKAAN KERJA PADA OPERATOR PESAWAT ANGKAT DAN ANGKUT DI PT. DAYA PERSADA UTAMA PEKANBARU Fakhri, Gusti Randika; Ismi, Hayatul; Dasrol, Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

Labor is every person who is able to do work to produce goods and / or services both to meet their own needs and society. While the employer is an individual, entrepreneur, legal entity or other bodies that employ workers by paying wages or other forms of compensation. This research was conducted with the aim to find out how the protection for workers who experience workplace accidents in terms of Law No. 13 of 2003 concerning Labor and what are the factors that cause accidents can occur at PT. Daya Persada Utrama Pekanbaru.By using sociological or legal research methods (empirical), because in this writing the author directly conducts research in the location or place to be examined in order to provide a complete and clear picture of the problem under study. This research was conducted at PT. Daya Persada Utrama Pekanbaru, because the location is the author's value is relevant to the title in the author's appointment, while the population and sample are the company PT. Daya Persada Utrama Pekanbaru, the operator of the lift and angku aircraft and HR from the company. Data sources used are primary data sources and secondary data. The data collection techniques in this study are interviews and library studies.It can be concluded: Legal protection for workers in the event of a work accident is applied equally to all workers as is the case for providing health insurance and work accidents both for permanent workers, contract workers or casual daily workers must have the same position in obtaining guarantees occupational health. There are many factors that can cause work accidents that occur, therefore companies are required to use Occupational Health Safety Experts (K3) to minimize the occurrence of work accidents that occur in the company. So every company is required to include workers in the BPJS Program to ensure workers get work accident protection.Keywords: Legal Protection, Labor, Work Accident
TINJAUAN YURIDIS PEMBERIAN GRASI TERHADAP PELAKU TINDAK PIDANA KORUPSI DIKAITKAN DENGAN TEORI PEMIDANAAN Karefna, Ditya; R, Mukhlis; Ferawati, Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Clemency is a pardon in the form of amendment, mitigation, reduction, or elimination of the implementation of a criminal offense given by the president. Granting clemency to prisoners is regulated in the Indonesian constitution, namely Article 14 Paragraph (1) of the Constitution of the Republic of Indonesia that, "The President grants clemency and rehabilitation by taking into account the considerations of the Supreme Court". Clemency is a reduction of punishment, this can be found in Indonesian positive law, namely in Article 1 of Law No. 22 of 2002 in conjunction with Law No. 5 of 2010 concerning clemency.This research will be compiled using the juridical normative type of research, which is research that is focused on examining the application of the rules or norms in positive law. The approach used in this research is to use a normative approach, namely literature law research. The results of the research conducted by the author are, first to find out whether or not clemency is granted to the perpetrator of the criminal act of corruption if it is linked to the theory of punishment and the ideal arrangement related to clemency against corruptors.The granting of clemency by the President has a negative impact on the convicted person, that is, it does not cause a deterrent effect, because with the provision of clemency, the convict can repeat the same crime. The impact on society with the provision of clemency in certain cases is that it is feared that the public will commit the same crime, because it is felt that it does not provide a deterrent effect for criminals, especially those who commit corruption. Granting clemency to perpetrators of criminal acts of corruption will have a negative impact on efforts to eradicate corruption. Clemency granting must also be tightened so that there is a deterrent effect in the future for corruptors. Because the party most affected by corruption crimes committed by convicted people is the community itself. Therefore, it is necessary to have a criminal law policy against the granting of clemency for criminal acts of corruption so that clemency is not given to convicts caught in corruption cases.Keywords: Granting Clemency- Corruption Crime - Criminal Theory
PENGATURAN SANKSI PIDANA TAMBAHAN PENGUMUMAN PUTUSAN HAKIM TERHADAP TINDAK PIDANA PENCURIAN DENGAN KEKERASAN Tiara Andicha Putri; Erdianto Effendi; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

The crime of theft with violence itself is busy in the news in various media. crime against property, especially the seizure of motorbikes and other valuable objects which is accompanied by violence or which is known in everyday language as rampant once happened. Then an additional sanction is needed, namely an additional announcement of the judge's decision for the convicted person. The purpose of this study is to determine the additional criminal arrangements for announcing judges' decisions in Indonesia against violent burglaries and also the urgency to implement additional criminal announcements of judicial decisions on violent theft in these cases.This study discusses the legal systematics, the level of law synchronization, the history of law, and legal comparison. The method I use is the legal matrices system. The type of data used in this study is secondary data, namely primary legal material (the Basic Law and the Criminal Law Code), secondary legal material (books relating to the results of the research namely additional criminal arrangements announcements of judges' decisions regarding criminal acts theft with violence), and tertiary legal material. Data collection techniques using the deductive method is a way of drawing conclusions from the general to the specific nature.From the results of the study there are 2 main problems that can be concluded. Second, the urgency for the government to apply additional criminal sanctions to announce the decision of the judge is applied in Indonesia for perpetrators of theft with violence so that the perpetrators feel deterrent and do not want to repeat similar crimes or other criminal acts and also the public becomes aware of and cautious of ex-convicted criminal offense.key words: Arrangement - Additional Crimes - Announcement of Judge's Decision - Criminal Acts - Theft with violence
POLITIK HUKUM PENGATURAN PAJAK RUMAH KOS DALAM UPAYA PENINGKATAN PENDAPATAN DAERAH DI KOTA PEKANBARU Putri, Mike Dwi; Firdaus, Emilda; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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The implementation of boarding house tax is regulated in Regional Regulation Number 7 of 2018 concerning Amendments to Regional Regulation Number 7 of 2011 concerning Hotel Tax. In Article 2 paragraph 4 of the tax that boarding houses are included as tourist objects, the number of rooms is more than 10 (ten) rooms. Article 3 paragraph 3 of the tax on boarding house tax is 2.5% (two point five percent) of the basic imposition. Whereas before the change in the regional regulation the tax rate for boarding houses was 5% (five percent) of the basic imposition. Understanding, the criteria for boarding houses and others regarding boarding house management are not really detailed in the regional regulation, it also makes people confused about the regional regulations and in the end they do not register as taxpayers, therefore there are still many boarding houses that have not been registered. as a taxpayer, it will certainly affect the decline in regional income including a reduced boarding house tax rate. Therefore, the problems that need to be examined in this study are how the law of boarding house tax regulation in an effort to increase local income in Pekanbaru City, and what is the ideal tax arrangement regarding boarding house tax.This research is a normative research, where normative legal research is carried out by examining library materials or secondary data consisting of primary, secondary and tertiary legal materials. This study examines the problems in accordance with the scope of the problem. The approach to law is carried out by regulating statutory regulations and regulations related to the legal issues under study. In this study, the authors conducted research on the legal principles in ordering, the regulations, namely the principle of legal certainty, the principle of kinship, and also the principle of openness.From the research results, it is known that the regulations formed in the regions are called legal politics, which are state legal policies to achieve national goals by forming laws to foster matters that are directly related to national interests. Legal politics (policies) regarding changes or regulations regarding boarding house taxes must include the creation of a boarding house concept, the criteria for a boarding house, its tax arrangement or tax collection flow, and general matters regarding boarding house management. The making of invitation rules must also be in accordance with principles such as the principle of legal certainty, the principle of kinship, and the principle of openness.Keywords: Political Law – Formation of Legislation – Boarding House Tax

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