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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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PERTANGGUNGJAWABAN PIDANA NAKHODA KAPAL DALAM KECELAKAAN KAPAL MENURUT UNDANG-UNDANG NOMOR 17 TAHUN 2008 TENTANG PELAYARAN UTAMI, SUTRI; Erdianto, Erdianto; Edorita, Widia
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

Marine transportation in the islands countries should be most requested, because there are islands only be connected through maritime transport, but in Indonesia sea tarnsportasi not managed optimally. Various provisions of the International has been ratified even national provisions also complete, but the implementation of these provisions is still limited to business interests and ignoring the security and safety aspects of shipping. In any event the causes of accidents always publicized accident was human error in this case the vessel skipper, but the general human error is always preceded by human error before shipping. In the numerous event of accident during the cruise ships often announced that the number of passengers is not in accordance with manisfest or even a boat called over-load.The writing of this thesis is entitled "Criminal Liability of Ship Skippers Against Ship Accidents According to Law No.17 of 2008 Concerning Shipping", with the problem of (1) What are the forms of ship accidents, and (2) What is the responsibility of the skipper for ship accidents according to the Law Law No. 17 of 2008 concerning Shipping.This writing uses a normative approach that is descriptive in nature, because this study is a scientific study, and this study uses the statutory approach and case approach, the type of material used is primary legal material, and secondary material.Based on the research results obtained that the forms of ship accidents are: sinking ship, burning ship, collision ship, and aground. And the responsibility of the master of ship accidents is that the skipper takes full responsibility for human / passenger safety, cargo, security and order of the ship. From this writing it is suggested: The master of the ship must be more careful in carrying out his duties on the ship, and must have the competence of a seaman's diploma in accordance with statutory regulations.Keywords : Skipper-ship accident-responsible.
TINJAUAN YURIDIS BATAS KEWENANGAN ANTARA TENTARA NASIONAL INDONESIA DAN POLISI REPUBLIK INDONESIA DALAM MENINDAK TINDAK PIDANA TERORISME Bella Shintia Anggraini; Erdianto Effendi; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Terrorism act in various form, keep growing and expand to numerous country after the occupancy of global coalision. According to Romli Atmasasmita, in its progress it can cause jurisdiction conflict to the nations relationship among the countries who has interest in solving dangerous criminal cases that crosses territories. Criminal terrorism act is no longer just a national safety issues, also embrace defence and soveregnty of a nation, so as it need an extraordinary and multidimentional law enforcement in act and institution involvement in it. That effort can implemented by the involvement of TNI in handling criminal terrorism act. Indipendent and collaborative with POLRI. TNI involvement in handling criminal terrorism act meant as involvement to optimised Police role (Badan Nasional Penanggulangan Terorisme) in solving criminal terrorism prevention act in indonesian, which is by status and function to face obstacle in implementation of its duty and the fungction of preventing the criminal terrorist act.The purpose of writing this thesis, namely: First, to figure out the authority of Indonesian National Army (Tentara Nasional Indonesia) in preventing the criminal terrorism act in indonesian. Second, to figure out the involvement of Indonesian National Army (Tentara Nasional Indonesia) in preventing the terrorist in Indonesian.From the results of the study, based on two problem formulations can be concluded. First, TNI’s authority in preventing Criminal terrorism act in Indonesian law number 34 year 2004, law number 3 year 2002 about national defence article 7 section(2), and law number 5 year 2018 letter I section (3)about President as the highest man in charge in running the nation defence which helped by national defence as president’s advisor in establishing the policy of national defence. To face the terrorism threat , President in charge to assign TNI with DPR approvement. Second, TNI need to involved prevent criminal terrorism act in Indonesian because TNI has capability in inteligence, teritorial, combat and safety. TNI intelligence network can support and inform crutial information and detect terrorism network and activity in indonesian to TNI anti terrorisst force or other law enforcement. That capability need to use and become important matter in strategic national terrorism prevention.Keywords: Judicial Review - TNI – Terrorism.
PERLINDUNGAN HUKUM TERHADAP PENGGUNA SISTEM PEMBAYARAN DIGITAL (DIGITAL PAYMENT) BERBASIS APLIKASI OVO DI KOTA PEKANBARU BERDASARKAN PERATURAN BANK INDONESIA NO.18/40/2016 TENTANG PENYELENGGARAAN PEMROSESAN TRANSAKSI PEMBAYARAN Hastuti, Ester Widi; Deliana, Evi; Dasrol, Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

In this information age, consumer behavior began to change a lot. In conducting a transaction, they now prioritize payment systems for ease, flexibility, efficiency and simplicity. Bank Indonesia as the organizer of transaction activities also actively encourages the emergence of various types of non-cash payments such as checks, billboards, demand deposits, ATM cards, debit cards, credit cards, and electronic money, one of which is electronic money based on OVO applications issued by PT. Visionet Indonesia and authorized by Bank Indonesia with letter number and permit date No. 19/661 / DK SISTEM PEMBAYARAN / Srt / B dated 7 August 2017. This study aims to find out:This type of research is sociological legal research and this research is descriptive in nature. The data source used in this study is secondary data, namely data obtained from literature such as legal journals, books, and regulations relating to research. This data analysis is done qualitatively and deductively.From the results of this study there are two problems that can be concluded by the author, firstly, a form of legal protection that if there is a violation in the case of OVO Application-based digital payment transactions and secondly the effort that can be taken by the user in the event of a violation or failure in the case of payment transactions. So according to the author, good faith is needed from the organizer regarding the feasibility of clear, correct and honest information regarding the products and payment transaction activities by prioritizing protection for users of payment services as consumers.Keywords: Legal Protection, Digital Payment Transactions, OVO Application
TINJAUAN YURIDIS PENGGUNAAN FRASA “ORANG LAIN ATAU SUATU KORPORASI” YANG MERUGIKAN SALAH SATU PIHAK BERDASARKAN PUTUSAN MK NOMOR 25/PUU-XIV/2016 TENTANG TINDAK PIDANA KORUPSI Bagaskara Dwi Wardhani; Zulfikar Jayakusuma; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

In Law Number 20 Year 2001 states that the phrase or other person or a corporation in Article 2 paragraph (1) and Article 3 of the Corruption Act, is very detrimental and / or potentially detrimental to the applicant, who in carrying out their duties and His authority in government positions in regional government, cannot avoid the act of issuing decisions, especially in terms of determining the implementation of government projects, certainly benefits others or a corporation. There is no individual or corporation that is willing to carry out what government project work if it does not bring profit to him, because they are entrepreneurs who work for profit. This research is limited to two problem formulations, First, How is the juridical analysis of the use of the phrase "another person or a corporation" that harms one party based on the decision of the Constitutional Court Number 25 / PUU-XIV / 2016 concerning Corruption Crimes ?, and Second, What are the legal consequences the application of the phrase "Another person or a corporation" in the Corruption case in Indonesia ?.This type of research can be classified in normative juridical research, because this research was conducted by examining secondary data and approaches to the law, this normative study examines the principles of legality principle. Source of data used are primary data, secondary data, tertiary data, data collection techniques in this study are normative juridical, the data used is literature study.From the results of the study it can be concluded, First, that the phrase "or another person or a corporation" in article 2 paragraph (1) and article 3 of the Corruption Crime Act contains ambiguous, vague and uncertain meanings, because it will encompass all intentional, unintentional or even acts that begin with good intentions. Second, that in court practice, there is no common understanding between law enforcers regarding the two articles. Not infrequently in a case, there is a difference between one law enforcement institution and another law enforcement institution. The author then gives a suggestion, First, That the phrase "or another person or a corporation" in article 2 paragraph (1) and article 3 should be deleted, revised or amended to emphasize a legislation so as not to cause multiple interpretations. Secondly, law enforcement officials must understand an act whether entering corruption criminal sanctions or administrative or civil tensions. What if there is an administrative error of the policy taken enough to do administrative improvements or administrative measures, not criminal.Keywords: Corruption, Corporations, Losses
PERANAN KEPOLISIAN DALAM UPAYA PENCEGAHAN TINDAK PIDANA PERAMBAHAN HUTAN DI WILAYAH HUKUM KEPOLISIAN RESORT KUANTAN SINGINGI Kurniawan, Raihan; Effendi, Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Forest encroachment is clearing or cutting down or regulating a forest area to be used as another area, be it plantations, agriculture, mining, etc. which is temporary or for a long time in state forest located on land which is not encumbered with illegal and illegal land rights. in accordance with the conservative rules. This type of research can be classified as a type of sociological legal research, because in this study the author directly carried out research on the legal area of the Kuantan Singing Police. Kuantan Singingi. The conclusions that can be obtained from the results of the research are first, the role of the Kuantan Singingi Police in an effort to prevent the occurrence of forest encroachment crimes has not been running optimally as expected because there is still forest destruction caused by illegal logging and the many obstacles forest ranger in overcoming illegal crimes. logging. The second obstacle in carrying out the duties of the Kuantan Singingi Police in efforts to prevent forest encroachment crimes in Kuantan Singingi is that there are no special Civil Servant Investigators in the forestry sector, the lack of facilities and the low capacity of forestry police.Keywords: Prevention-Occurrence-Crime-Forest Encroachment
PERAMPASAN ASET KORUPTOR MELALUI MEKANISME NON CONVICTION BASED ASSET FORFEITURE SEBAGAI EFEKTIVITAS PENGEMBALIAN KERUGIAN NEGARA BERDASARKAN UNITED NATIONS CONVENTION AGAINST CORRUPTION (UNCAC) 2003 Ramadhana Ari Pratamas Bangun; Evi Deliana; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Efforts to confiscate corrupt assets tend not to be easy to do, because corruptors often hide assets resulting from their crimes abroad that are difficult to penetrate the country's law. Assets resulting from crime are stored in various forms, one of which is in the form of a bank account. Therefore, there is a solution and a breakthrough contained in Article 54 Paragraph (1) letter c of UNCAC 2003, namely deprivation of assets without punishment which is one of the efforts that can be made to return assets to the state or to parties entitled to ownership of unnatural assets that are not allegedly due to a crime that must not be preceded by criminal charges. This is considered effective in recovering state losses due to corruption. The formulation of the problems in this study are First, How is the relationship of deprivation of corrupt assets through the mechanism of non-conviction based asset forfeiture as the effectiveness of state loss recovery based on the 2003 United Nations Convention Against Corruption (UNCAC) related to human rights? Second, how is the ideal arrangement and implementation of the seizure of corrupt assets through the mechanism of non-conviction based asset forfeiture as the effectiveness of returning state losses in Indonesia?The research method used is the type of normative legal research or library law research. The study was conducted on legal principles and legal comparisons related to the problem under study. This research was obtained by studying and studying books, laws and regulations, various scientific works, and others. Data analysis in this research was carried out qualitatively and quantitatively.The result of this research is that the mechanism of appropriation of assets without criminal punishment does not violate the human rights of a person's right to own assets or assets, while the assets owned come from a legitimate source. However, for assets or assets originating from proceeds of crime and causing state financial losses, the confiscation of these assets must be carried out. This is precisely as a form to restore state finances and restore other human rights that have been violated by the perpetrators of corruption. In relation to human rights, confiscation of assets without punishment does not violate the presumption of innocence and the principle of non-self-incrimination inherent in the perpetrator. Furthermore, it is necessary to immediately adjust or adjust the laws and regulations in Indonesia relating to crime, especially corruption, regarding the mechanism of appropriation of assets without punishment as offered in UNCAC 2003 and has been ratified by the Government of Indonesia with Law Number 7 Year 2006. Then, the Government of Indonesia (both executive and legislative) immediately finishes the discussion of the Draft Law on the Seizure of Asset Without Criminalization.Keywords: Confiscation, Assets, NCB, State Losses, UNCAC.
PEMBUKTIAN MENS REA DALAM TINDAK PIDANA PENCUCIAN UANG BAGI PELAKU PASIF Zaki, Ahmad; Effendi, Erdianto; Ferawati, Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Cultural heritage is a nation's indispensable identity to promote Indonesia's national culture. Cultural heritage includes the culture of tangible cultural heritage and intangible cultural heritage. Indonesia's cultural heritage that has been registered and managed by the Directorate General of Culture to date has amounted to 594 cultural works. The cultural work consists of 137 people's customs, rites and celebrations; 160 works of traditional skills and crafts; 31 cultural works in the field of knowledge and behavioral habits concerning the universe; 69 in the field of tradition and oral expression, as well as 197 cultural works related to performing arts. Silek Lintau is one of the performing arts. Currently Silek Lintau is more popular in foreign country than in Indonesia, so Silek Lintau needs to be protected.This study uses a sociological legal research typology or so-called non-doctrinal legal research, more specifically discussing the effectiveness of the law. In this study the author uses the nature of descriptive research, because the authors describe Implementation of Unesco Convention For The Safeguarding Of The Intangible Cultural Heritage 2003 In Protecting Silek Lintau. The results of the research conducted by the author is, first Silek Lintau can be protected internationally through Convention UNESCO Convention For The Safeguarding Of The Intangible Cultural Heritage 2003. Besides can be protected through the Regime of UNESCO 2003, Silek Lintau can also be protected through Intellectual Property Rights Regime, at UNESCO Convention On The Protection And Promotion Of The Diversity Of Cultural Expression 2005. Central and local governments are obliged to advance the culture of the Indonesian nation. In protecting the culture, there are various obstacles, including the erosion of cultural values due to lack of appreciation from the younger generationKeywords: Protection - International - Silek Lintau - UNESCO Convention
KEBIJAKAN HUKUM PIDANA TERHADAP TINDAK PIDANA PENCEMARAN NAMA BAIK DALAM UNDANG-UNDANG NO. 40 TAHUN 1999 TENTANG PERS DIKAITKAN DENGAN ASAS KEPASTIAN HUKUM Wiby Fitria Alda; Davit Rahmadan; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Criminal law policy in the press is still a problem for the press and society. The absence of regulations governing clear criminal sanctions against criminal acts of defamation committed by the press in Law No. 40 of 1999 concerning the current press. Currently, they still use regulations from other laws such as the Criminal Code, the Information and Electronic Transactions Law of 2016. The sanctions for criminal defamation vary in each regulation. So that there is no legal certainty for the press and the public. So that there will be no more debates between the press and the public if problems occur between them, it can be resolved according to the law per situ itself and provide legal certainty for Law No. 40 of 1999 About the Press. So that the creation of justice in society. This research uses the typology of normative legal research or also called doctrinal legal research, which more specifically discusses legal principles. In this study the author uses the nature of descriptive research, because the author describes the Criminal Law Policy Against the Crime of Defamation in Law. No. 40 of 1999 About the Press Related to the Principle of Legal Certainty. The results of the research conducted by the author, Law No. 40 of 1999 concerning the Press which should be supplemented with regulations in it such as regulations governing criminal defamation carried out by the press and what are the sanctions so that it can be said to be a lex specialist and give effect. deterring press people who are not professional in carrying out their duties. The criminal law policy given to the people of the press aims to maintain order in society and improve the personality of the perpetrator. The government should make the formulation of criminal sanctions in the current press law that can be applied. and Judges are judges in sanctions against press offenses to put more emphasis on the press law.Keywords: Criminal Law Policy - Press - Crime – Defamati
PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA MELAKUKAN EKSPLOITASI SECARA EKONOMI DAN SEKSUAL TERHADAP ANAK DI WILAYAH HUKUM KEPOLISIAN RESOR KOTA PEKANBARU Trie Sundari; Emilda Firdaus; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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In Indonesia, crimes that often occur are trafficking in persons against minors who are exploited economically or sexually. The majority of victims of exploitation crimes are women and children. The main factors causing women and children to become victims of this crime are low levels of education and limited knowledge about their rights so that they are often used by perpetrators to fool victims with the aim of finding work. Based on cases of child trafficking that occurred in Indonesia according to the Indonesian Child Protection Commission (KPAI) that the police must act decisively related to trafficking in persons and exploitation of children, because child traffickers are increasingly rampant in Indonesia so it requires firm measures by law enforcement officials.Under the child protection law that every person is prohibited from placing, allowing, committing, committing to do, or participating in economic and / or sexual exploitation of children. The purpose of writing this thesis, namely: First to find out how law enforcement against perpetrators of criminal acts to exploit economically and sexually against children in the jurisdiction of Pekanbaru City Police, Second to find out the obstacles in law enforcement against perpetrators of criminal acts to exploit economically and sexually against children in the jurisdiction of the Pekanbaru City Police Department.Keywords: Law Enforcement - Criminal Acts - Perpetrators - Economic and Sexual Exploitation - Children
IMPLEMENTASI PERATURAN PEMERINTAH NOMOR 53 TAHUN 2010 TENTANG PERATURAN DISIPLIN PEGAWAI NEGERI SIPIL DIKAITKAN DENGAN KEWENANGANPEMBINA APARATUR SIPIL NEGARA DI KOTA PEKANBARU Okthafia Mawis; Mexsasai Indra; Evi Deliana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Currently, the implementation of the work discipline as the initial capital in the smooth running of the tasks of civil servants, particularly Civil Servants, which is still minimal from what had been expected, the various forms of breach of discipline is still done employees. In the sense that Civil Servants are government employees who have met certain requirements, in the lift as employees Apparatus Civil State as fixed by the Trustees personnel officer to occupy the post of government as well as by applicable regulations. The applicable provision is exactly what is used as the legal basis for the Civil Servants itself. Making it as a form of discipline that must be complied with and run by Civil Servants. The discipline of Civil Servants is the ability of the employee to obey the obligations and avoids the prohibitions specified in laws and regulations and/or violated sentenced discipline.However, various attempts have been made for the enforcement of labor discipline, ranging from coaching to administration of sanctions for employees who committed the violation. In this case the writer wanted to know how the implementation of Government Regulation No. 53 Year 2010 Concerning Discipline of Civil Servants towards the authority of the Trustees of the Civil State Apparatus itself as well as how the efforts in overcoming the obstacles of the implementation of the punishment against the breach of discipline of Civil Servants.Keywords: Authority, Discipline, Law Enforcement

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