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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 2,579 Documents
 149   150   151   152   153 
IMPLEMENTASI PENGAWASAN BAPAS PEKANBARU DAN KEJAKSAAN NEGERI PEKANBARU TERHADAP NARAPIDANA BEBAS BERSYARAT YANG MELAKUKAN TINDAK PIDANA DALAM MASA PERCOBAAN Andika Surya; Erdianto Effendi; Ledy Diana
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

BAPAS is a institution to carry out community guidance. The prosecutor has the duty and authority to supervise the implementation of conditional criminal decisions, oversight criminal decisions, and conditional release decisions. The Purpose of this Research First; know the implementation of BAPAS and Attorney General's supervision of prisoners who are on parole who have committed crimes on probation. Second; know the obstacles in the implementation of supervision of BAPAS and the Prosecutor's Office on parole prisoners who commit crimes on probation.This type of research can be classified in the type of sociological juridical 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 BAPAS Pekanbaru and Pekanbaru District Attorney's Office, while the population and sample were all parties related to the problem examined in this study. The data source used is primary data and secondary data.From the research results there are two things that can be concluded, First; The form of supervision from BAPAS towards conditional free prisoners who commit criminal offenses on probation is to provide guidance to the correctional client. Until now the supervision of the prosecutor's office on parole inmates has almost never been carried out. Second, the obstacles of Bapas are the insufficient number of BAPAS Officers in conducting supervision; other than that the budget owned by BAPAS is insufficient, besides the lack of involvement of the Victim in the oversight. The juridical obstacle is that there are no clear rules regarding the rules governing the supervision of prisoners who are paroleed by the prosecutors. The non-juridical obstacle is the lack of inter-agency coordination (bapas and prosecutors) regarding the supervision of these conditional free prisoners. Author's advice, first; Bapas should carry out its function as a social guide better. In addition, the prosecutor's office as an institution that has the authority to oversee prisoners is on parole, must carry out its functions, not only to child prisoners. Second; Bapas should not make lack of budget, and lack of personnel as an excuse.Keywords : Implementation - BAPAS- Prosecutors (Kejaksaan) - Conditional Free Prisoners
PERANAN PENYIDIK PEGAWAI NEGERI SIPIL DINAS TANAMAN PANGAN HORTIKULTURA DAN PERKEBUNAN PROVINSI RIAU DALAM MENANGANI PENYEBARAN BENIH SAWIT PALSU BERDASARKAN UNDANG-UNDANG NOMOR 12 TAHUN 1992 TENTANG SISTEM BUDIDAYA TANAMAN Damanik, Martin Ade Insani; Deliana, Evi; Ferawati, Ferawati
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

The practice of circulating fake oil palm seedlings is an act that is against the law which can be punishable by punishment as regulated in Law Number 12 of 1992 concerning Plant Cultivation Systems, namely Article 60 paragraph (1) letters b and i. The number of criminal acts in the circulation of fake oil palm seeds in Riau Province has disturbed various groups, especially farmers. The role of the Plantation Civil Servant Investigator (hereinafter abbreviated as PPNS Perkebunan) then began to be questioned as the Investigator who has the task of investigating criminal acts in the plantation sector, one of which is to investigate the criminal act of spreading fake oil palm seeds.This type of research can be classified into the type of sociological research. The research location is the Department of Food Crops, Hulticulture and Plantation Riau Province. The data sources used are primary data and secondary data. Data collection techniques are interviews, questionnaires and literature review using deductive methods, namely drawing conclusions from general matters to specific matters.From the results of the research, there are three main things that can be concluded, First, the role of civil servant investigators of the Riau Province Plantation Service in tackling the spread of fake oilseeds is as an official who is authorized by Law No. 12 of 1992 on Plant Cultivation Systems to carry out investigations. Against the criminal case of spreading fake oil palm seeds that occurred in the Riau Province. Second, Obstacles to Civil Servant Investigators in overcoming crimes in the field of crop cultivation, especially the crime of spreading fake oilseeds,including weak coordination between law enforcers, main actors who are difficult to penetrate the law, inadequate facilities and infrastructure, and limited budget funds. Third, Law enforcement efforts carried out by Civil Servant Investigators in preventing the spread of fake oil palm seeds, such as providing appeals to the community, especially oil palm farmers, increasing supervision in the circulation of oil palm seeds and providing legal counseling.Keywords: Role of - Plantation PPNS - Investigation - Fake Oil Palm Seeds
PERLINDUNGAN HUKUM TERHADAP KORBAN FIRST TRAVEL DALAM TINDAK PIDANA PENCUCIAN UANG Febrianti Syafitri; Evi Deliana; 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

Legal protection for victims to regain their rights in the First Travel case is urgently needed forvictims of money laundering by First Travel. Indeed, the state has a legal basis to confiscate the victim's assets,but the state is deemed not entitled to take the victim's assets because the source of the money is not from thestate and the money that is the subject of the crime of money laundering is the victim's money, not state money.This can clarify the weakness of the criminal justice system in regards to recovering losses to victims, not eventhe state benefiting from the judge's decision.The purpose of this study is to determine the impact of the Supreme Court decision Number 3096 K /Pid.sus / 2018 on First Travel victims, to find out how the state should protect victims and the rights of victimsof money laundering by First Travel and to find out what legal remedies can be made. carried out by FirstTravel victims after the verdict. The research method used in this thesis uses normative legal researchmethods, namely legal research that examines statutory regulations and legal principles.From the research, there are three main points that can be concluded. First, the impact of theSupreme Court Decision Number 3096 K / Pid.Sus / 2018 on victims of money laundering by First Travel isthat victims feel very disadvantaged by the state because their rights to their money belong to the state and theweaknesses of the criminal justice system that do not consider the interests of and victim rights. Second, thestate should protect victims by providing legal assistance to incapacitated victims and becoming a forum forthe community to obtain protection, and raising the Umrah for First Travel victims or returning half of thevictim's money. Author's suggestion, First, it is hoped that in the future in cases of money laundering such asFirst Travel, the money that is the subject of this crime comes from public money. The judge should be wiser inweighing the decision to transfer the money to the state which should be returned to the victim who feelsaggrieved. Second, in the future the state should protect its citizens who are victims of the crime of moneylaundering and the state is expected to restore the rights of the victims.Keywords: Victims, Crime, Money Laundering
PELAKSANAAN PERJANJIAN JUAL BELI BERAS OLEH PERUSAHAAN UMUM BADAN URUSAN LOGISTIK SUB DIVISI REGIONAL WILAYAH IV BANYUMAS DENGAN USAHA DAGANG AL FALAH Nadia Yolanda; Maryati Bachtiar; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

Banyumas State Logistics Agency has implemented a Rice Sale and Purchase Agreement (PJB) with its partner, the Al Falah Trade Business. One form of negligence or broken promises in the implementation of the agreement that can be said to be detrimental to one party is the problem of default. The purpose of writing this thesis is to find out the factors that cause the occurrence of defaults carried out by the Al Falah Trade Business to the Banyumas Bulog Corporation and efforts to resolve the default in the implementation of the sale and purchase agreement carried out by the Banyumas Bulog Corporation with the Al Falah Trade Business.This research is a sociological or empirical research which is a type of research that uses the assumptions of the community in searching for facts that occur in the field to answer an existing problem. This research was carried out in the area of the General Enterprise of the Regional Logistics Agency, Regional IV, Banyumas. While the population and sample 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 literature review.From the results of the research that the author did, it can be concluded, firstly the implementation of the sale and purchase agreement of rice between the Banyumas Bulog Public Corporation and its partners namely the Al Falah Trade Business stated in the form of an agreement referring to Presidential Instruction Number 5 of 2015 Concerning the Policy for Procurement of Grain or Rice and Rice Distribution by Government. In the rice sale and purchase agreement, there are problems of defaults carried out by the Al Falah Trade Business to the Banyumas Bulog Corporation, such as not delivering the rice supply within the period specified in the agreement, the delay in delivery of the rice in an additional period, the submitted rice is not in accordance with the quantity and quality stipulated in the agreement.Keywords : Rice Buy And Sell Agreement – Public Corporation Logistics Agency
PELAKSANAAN PERJANJIAN ASURANSI NELAYAN KECIL DI KABUPATEN BENGKALIS PADA PT ASURANSI JASINDO CABANG PEKANBARU Devi Satria; Maryati Bachtiar; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Fishermen are jobs that have a high level of risk, such as bad weather changes and problems that can occur when fishing, and spending money to meet the needs of daily life. The purpose of this study was to study the guarantee of safety for small fishermen through independent fishermen insurance, find out the rights and obligations between the guarantor and small fishermen in obtaining Safety. Fisherman insurance is regulated in the Law on Insurance Number 40 of 2014. Specific regulations on fisheries insurance concerning Law Number 7 of 2016 concerning Protection and Empowerment of Fishermen Insurance for Fishers, Fish Farmers, and Salt Farmers. This study specifically discusses fisherman insurance for small fishing communities. Entering a fisheries insurance agreement is carried out with premium payments paid by small fishermen, without government subsidies / assistance.The research carried out is a sociological legal research that is research that starts with the process of revealing the truth using basic concepts in sociology known as science, and taken from secondary data by processing data from primary legal materials, secondary legal materials, and legal materials tertiary. Research location in Bengkalis Regency, Riau Province. The recommendations used are juridical-sociological, namely research conducted on real situations in the Department of Maritime Affairs and Fisheries (DKP) and local fishermen in the Bengkalis Regency fisheries area.The results of this study regarding the research work agreement by PT Asuransi Jasa Indonesia (Jasindo) Pekanbaru Branch. Implementation of the rights of fishermen in obtaining safety here is less than the awareness and knowledge of the people in Bengkalis Regency to improve the clauses in the policy the Insurer does not give an understanding to small fishermen about things that are excluded in insurance coverage. To the PT Asuransi Jasindo Pekanbaru Branch to explain things that are excluded in the independent fisheries insurance policy, so that the rights of small fishermen can be accounted for according to the Law.Keywords: Fishermen Insurance, PT Asuransi Jasindo, Small Fishermen
AKIBAT HUKUM TERHADAP NARAPIDANA YANG MELAKUKAN PELANGGARAN TATA TERTIB TINDAK KEKERASAN DILEMBAGA PEMASYARAKATAN KELAS II.APEKANBARU BERDASARKAN UNDANG-UNDANG NOMOR 12 TAHUN 1995TENTANG PEMASYARAKATAN Wino Thantow Malbuano; Erdianto Effendi; Ledy Diana
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

Penitentiary is an institution of the criminal justice subsystem that has a strategic function as the implementation of imprisonment as well as a place of guidance for inmates, as written in Law Number 12 of 1995 Concerning Corrections. The imprisonment system as a criminal offender has lost its independence no longer in accordance with the level of peradap and the dignity of an independent Indonesian nation that has the philosophy of Pancasila, because the imprisonment comes from the view of individualism contained in the invaders' dictionary, which views and treats the convicted person not as a member of the community but is a member of society a public revengeThe problem that the author made the basis of this study is how the legal consequences of prisoners who commit acts of violence in prison and whether the application of sanctions against prisoners who commit violations, in accordance with the purpose of correctional measures. The purpose of this study is to determine the legal consequences of prisoners who commit acts of violence in prison and to determine the application of sanctions against prisoners who commit violations, in accordance with the purpose of correctional measures.This type of research can be classified into empirical or sociological research types, 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 Penitentiary Class II A Pekanbaru City, 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. Legal consequences given by Correctional Staff to prisoners who commit acts of violence in Class II.A Penitentiary Pekanbaru, which is to enter the exile cell for 6 (six) days and can be extended for 2 (two) times 6 (six) days and do not get the right to remission , family visit leave, conditional leave, assimilation, near-free leave, and conditional release in the current year and recorded in register F. But not all violations of the rules of violence that occur in acts are in accordance with severe disciplinary punishment, only acts of violence that cause injuries physical punishment given severe disciplinary, second, the application of sanctions against inmates who violate the rules of violence is not in accordance with the purpose of correctional due to the many inhibiting factors in its implementation, as for the inhibiting factor is the lack of personnel security officers Class II.A Pekanbaru Penitentiary, incomplete facilities and infrastructure of Class II.A Penitentiary, Pekanbaru, over capacity, and many guests visiting Class II.A Penitentiary Pekanbaru.Keywords: Prisoners, Penitentiary
KEBIJAKAN HUKUM PIDANA TERHADAP ANAK SEBAGAI KORBAN TINDAK PIDANA PORNOGRAFI Shasri, Nadia Rachel Dwinanda; Jayakusuma, Zulfikar; Rahmadan, Davit
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Pornography is a crime that is privacy in violation of Human Rights (HAM), especially the rights of children (right of child). Required application of criminal law policies so that the legal protection of children as victims of criminal acts of pornography can be implemented properly.This type of research used in writing this law is normative legal research that focuses on principles by formulating legal principles, both from social data and from positive written legal data. The legal principle that is used is the principle of justice regarding criminal law policies against children as victims of pornography that affects positive law in Indonesia.The results of this study are criminal law policies against children as victims of criminal acts of pornography, there must be a renewal of criminal law by applying the principle of restorative justice to children as victims of fair treatment and for perpetrators to be carried out rehabilitation of lawbreakers aimed not at retaliation. Legal protection applied to children as victims of pornography is still unable to accommodate the interests of children as victims. Legal protection given to children as victims must be able to restore the welfare of children as victims, be able to repair the damage that occurs both in terms of physical and psychological children as victims, and require the offender to contribute to the improvement by giving victims the right to receive compensation and restitution and protect it from being a victim again.Keywords: Criminal Law Policy - Children - Victims - Pornography
AKIBAT HUKUM PERNIKAHAN PADA MASA IDDAH DI DESA KEMANG KECAMATAN PANGKALAN KURAS KABUPATEN PELALAWAN BERDASARKAN KOMPILASI HUKUM ISLAM Syafrida, Syafrida; Firdaus, Firdaus; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

In Article 2 of the Compilation of Islamic Law, it is stated that marriage according to Islamic law is marriage, which is a very strong contract ot mitsaqan gholiidhan to obey Allah’s orders and carry out is worship. In Islamic law, there are several prohibited marriages, one of which is women who are still in the iddah period. However, not all Islamic teachings can be implemented properly. This is evidenced by the fact that there are partners who do not care about the iddah problem. Carrying out iddah for women is considered a form of worship. The purpose of writing this thesis, namely; First, the implementation of marriage during the Iddah period in the village of Kemang, Pangkalan Kuras district. Second, the legal consequences of marriage during the Iddah period.This type of research can be classified in the type of 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.From the research, there are three main points that can be concluded. First, the implementation of marriage during the iddah period is the same as marriage in general, it’s just that the marriage is carried out during the iddah period so that the marriage is invalid. Second, due to the law of marriage during the iddah period that will arise, the husband and wife will not get a marriage certificate, and when the marriage occurs, hereditary problems will arise. Author’s suggestion, First, it is hoped that the village government of Kemang needs socialization about marriage, especially marriage during the iddah period. Second, religious leaders should explore knowledge about the Marriage Law in Indonesia so that they can understand the procedures for marriage and divorce as regulated in the applicable Law.Keywords: Marriage-Iddah Perod-Compilation of Islamic Law
IMPLEMENTASI PEMBERIAN PERLINDUNGAN HUKUM TERHADAP PELAKU WHISTLEBLOWER PADA TINDAK PIDANA KORUPSI DI KOTA PEKANBARU Tomanda, Aviska Loveana; Effendi, Erdianto; Putri, Adi Tiara
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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The role of the whistleblower is very large to protect the country from more severe losses and violations of the law that occur. But the risks they face are also great when exposing crime, ranging from threats to security to being expelled from the agencies where they work. So the Whistleblower is important to get legal protection from the state. In recent cases there have been many whistleblower witnesses who withdrew their reports or testimonies because of threats and intimidation from the reported parties. This is because the implementation of providing legal protection for whistleblowers has not yet been implemented. Based on this fact, there are two problem formulations in writing this thesis, namely; First, the implementation of the form of providing legal protection for whistleblowers in corruption in Pekanbaru. Second, obstacles in the implementation of the provision of legal protection against whistleblowers in corruption in Pekanbaru.This type of research can be classified in the type of sociological legal research, because in this study the authors directly conduct research at the location under study in order to provide a complete and clear picture of the problem under study. This research was conducted at the Special Criminal Directorate of the Riau Regional Police, while the population and sample were all parties related to the problem under study, data sources used, primary data and secondary data, data collection techniques in this study were interviews and literature studies.From the results of the analysis of the problem it can be concluded first, the implementation of granting legal protection against whistleblowers in corruption in Pekanbaru is still very alarming where, the police have not been able to coordinate well with authorized institutions in this case LPSK in providing protection against whistleblowers so that many witnesses whistleblower retracts its report due to various threats from the reported party. Second, obstacles faced by the Riau Regional Police in implementing witness protection include the difficulty in administering the system to the LPSK (Witness and Victim Protection Agency), the budgetary factor for managing witness protection and the lack of witness and / or victim knowledge of the witness and victim protection law. From this analysis the authors suggest, first, the whistleblower must obtain adequate protection from the authorized institution. Second, good cooperation between law enforcers and authorized institutions is needed to ensure the legal protection of whistleblowers.Keywords: Implementation - Protection - Witnesses and Victims - Whistleblowers
KEBIJAKAN HUKUM PIDANA TERHADAP PENANGGULANGAN TINDAK PIDANA PENYELUNDUPAN MANUSIA DI INDONESIA Gusniardy, Raja Thesa; Jayakusuma, Zulfikar; R, Mukhlis
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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People smuggling is transnational organized and has had a negative impact onvarious countries as Indonesia's transit. People smuggling is an additional problem inaddition to the immigration problem, and is still increasing the funds needed to tacklethe problem of people smuggling in Indonesia, or what is known as a crime policy.The purpose of this thesis discussion, namely: First, to find answers to currentlegal policies in the handling of criminal acts of people smuggling in Indonesia. Second,to find the concept of struggle that can be proposed in the renewal of legal policiesagainst the prevention of people smuggling in Indonesia. This type of research used inthis study is normative legal research. Data sources used are secondary data sourcesobtained from the literature, including published official documents, books, legaljournals and so on.From the results of the study, it can be concluded the main thing. First, the legalpolicy in tackling the crime of people smuggling in Indonesia is still a lot of weaknesses.Article 120 of Law Number 6 of 2011 concerning Immigration has not been able tocover all aspects of handling human smuggling. Secondly, the concept that can beagreed upon in legal reforms in dealing with acts of people smuggling in Indonesia isby establishing laws and regulations governing people smuggling in order to securelegal certainty (the principle of legality) in Indonesia.Keywords: Criminal Law Policy - Prevention - People Smuggling

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