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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
Arjuna Subject : -
Articles 2,579 Documents
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IMPLEMENTASI SURAT EDARAN MAHKAMAH AGUNG NOMOR 3 TAHUN 2011 TENTANG PENEMPATAN PENYALAHGUNAAN NARKOTIKA DI DALAM LEMBAGA REHABILITASI MEDIS DAN REHABILITASI SOSIAL DI PENGADILAN NEGERI PEKANBARU Albezsia Artiamar F S; Mexsasai Indra; Davit Rahmadan
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

Law enforcement against narcotics crime has been carried out by law enforcement officers and has received a judge's decision in a court hearing. In the Supreme Court Circular Letter Number 3 of 2011 concerning the Placement of Narcotics Abuse in the Institute of Medical Rehabilitation and Social Rehabilitation, every narcotics addict and victim of narcotics abuse must undergo medical rehabilitation and social rehabilitation.The purpose of this thesis is: First, to find out the implementation of the Supreme Court Circular Letter Number 3 of 2011 concerning the placement of narcotics abuse in medical rehabilitation and social rehabilitation institutions in the Pekanbaru District Court. Second, to find out the inhibiting factors for the implementation of the Supreme Court Circular Letter Number 3 of 2011 concerning the placement of narcotics abuse in medical rehabilitation and social rehabilitation institutions in the Pekanbaru District Court.This type of research can be classified as a type of sociological legal research, because in this study the authors directly conduct research at the location or places that are examined to provide a complete and clear picture of the problem under study. This research was conducted at the Pekanbaru District Court, while the population and sample were all sections related to this research, the data sources used included primary data, secondary data and tertiary data, data collection techniques, namely interviews and literature studies.From the results of the research and discussion it can be concluded that, First, the Implementation of the Supreme Court Circular Letter Number 3 of 2011 in the Pekanbaru District Court has not been going well and maximally. Second, Obstacles in the Implementation of the Supreme Court Circular Letter Number 3 of 2011 in the Pekanbaru District Court, namely that doctors have not been checked or delayed for narcotics abusers before trial in court, the second is budgetary problems, and thirdly the lack of cooperation with other Pekanbaru agencies in providing a place that is feasible in carrying out rehabilitation because so far in Pekanbaru City the place to do rehabilitation is done at the Tampan Mental Hospital.Keywords: Narcotics – Abuser – Implementation – Rehabilitation.
REFORMULASI PENGATURAN JANGKA WAKTU PIDANA KURUNGAN SUBSIDER PIDANA DENDA DALAM TINDAK PIDANA KORUPSI Osshy Sari Sukma; Dessy Artina; Elmayanti Elmayanti
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

In court judgment of corruption, there is often a lack of uniformity of court judgment regarding the term of criminal confinement in lieu of criminal fines. While the nominal criminal penalties on these court judgment are exactly the same. This certainly harms the right of the convicted person to obtain justice, legal certainty and equality before the law. The purpose of this thesis is; first, to find out the time limit for the confinement of the criminal confinement subsidiary fines in the case of corruption in positive Indonesian law. Second, to find out the reformulation of the term of criminal confinement as substitute of criminal fines in corruption cases.The type of research used in this legal research is normative juridical method, with the study of legal principles namely the principle of legal certainty. This research is descriptive in nature, which is a study that aims to make a clear and detailed picture of the problem. The data source used is secondary data. Data collection techniques in this study with a literature review method after the data collected and then analyzed to draw conclusions.From the results of research and discussion, it is known that, First, there are no definite limits regarding the term of confinement in lieu of criminal fines in cases of corruption in positive Indonesian law. The limitation regarding the period of confinement in lieu of fines is not contained in Law Number 20 of 2001 Amendment to Law Number 31 of 1999 concerning Eradication of Corruption. Limitation on the period of confinement in lieu of fines is only regulated in the Criminal Code which is a general rule. While the nominal of criminal penalties in the Criminal Code although it has been converted by PERMA Number 2 of 2012 is too smaller than the nominal of fines that are threatened in corruption cases , so it cannot be used as a guideline. Secondly, the expected reformulation is the rule regarding the period of confinement in lieu of fines in the criminal act of corruption which was only guided by the Criminal Code which is a general rule, become updated with the term of the limitation of the period of confinement for a substitute fine specifically in the Act on Eradication of Acts Criminal Corruption. In order to have clear guidelines so as to create court judgment that meet the value of justice, and legal certainty and uniformity of court judgment between convicts who are sentenced to a fine with the same nominal. The author's suggestion, First, to minimize the inconsistency of court judgement, the government must immediately update the rules regarding the period of imprisonment as a substitute for criminal imprisonment in corruption cases. Second, the renewal of the rules regarding the limit of criminal time must be carried out accompanied by synchronization of the nominal fines threatened in the Corruption Eradication Law, so that these limits can actually be used as definite guidelines.Keywords: Reformulation - criminal confinement - Criminal Fines - Corruption
KEBIJAKAN HUKUM PIDANA TERHADAP ANAK HASIL DARI TINDAK PIDANA PEMERKOSAAN Anggun Krisnawati; Dessy Artina; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

The criminal act of rape is an attempt to wreak sexual desire by a man against a woman by means of being considered violating according to morals and laws. And the most detrimental impact of rape victims is the unwanted pregnancy. And, rape can even destroy two generations, namely victims of rape and their innocent children, because their legal status is an illegitimate child and an illegitimate mother. This is what the state must pay attention to, especially in providing a form of protection for children who are the result of rape who are innocent, so that the child who is the result of rape feels justice for the harm he has suffered.This type of research is normative legal research, where normative legal research is carried out by researching, namely examining the application of the rules or norms in positive law regarding the principles of law of justice, this research uses the nature of juridical research, because the author intends to provide a clear picture. clear and detailed regarding fair protection of children resulting from the crime of rape.From the research results, it is concluded that the criminal law policy against children resulting from the crime of rape must be carried out optimally in order to achieve the best results of criminal legislation in the sense that it fulfills the requirements of justice for children from the results of the crime of rape, in order to achieve justice in the present and in the future they will be given protection such as health, education, economic, social and psychological problems. As well as ensuring the welfare of children from the results of the crime of rape, which currently has no special treatment for children from the results of the crime of rape, because the act is based on coercion and threats from the perpetrator of rape.Keywords: Policy – Criminal Law – Children – Results – Rape
TANGGUNG JAWAB SELLER JEJAKTAPAK PADA PERJANJIAN JUAL BELI ONLINE DALAM MEMENUHI HAK-HAK KONSUMEN Arni Novi Sihombing; Firdaus Firdaus; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Internet-based sale and purchase transactions have reformed the sale and purchase transactions that occur conventionally, where transactions between business actors and consumers that were originally carried out directly become indirect transactions. One of the growing online buying and selling transaction sites in Indonesia is Shopee. The Government and Shopee site administrators have guaranteed consumer rights through the law, but there are still many cases of consumers who are disadvantaged in these online transactions.The issues discussed are first, regarding how the Implementation of Business Actors' Responsibilities in the online sale and purchase agreement in protecting consumer rights, and secondly the Efforts to Protect Consumer Rights in the Online Purchase Agreement.This thesis research method uses the type of sociological legal research. Sociological law research is research that wants to see the correlation between law and society, so that it can reveal the effectiveness of law enforcement in society. This research is descriptive. The data used are primary and secondary data, namely directly through respondents (field), Law Number 8 of 1999 Concerning Consumer Protection, legal journals and books relating to research. This data analysis is done qualitatively and deductive conclusions are drawn.From the results of research conducted by the author, found that many consumers are harmed as a result of not being able to return goods or funds to goods that do not match received. So there needs to be a change in the service of JejakTapak Seller to improve its services significantly so that consumers are satisfied with the service. Consumers also need to be more careful in shopping online.Keywords: Responsibility - Online Shopping
WANPRESTASI PERJANJIAN LISAN ANTARA PENYEWA KIOS DAN LOS DI PASAR BARU PANGKALAN KERINCI KABUPATEN PELALAWAN Mesy Yulandari; Hayatul Ismi; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Article 1313 of Code of Civil Law gives the formulation about “contract oragreement, an agreement is a deed with one name or more binding himself/herself to oneperson or more.” The occurance of default between the tenant and Market ManagementParty in which in the statement point number eight and ten saying it is forbidden to sell,rent, or lend the business place, stall or the place temporarily to other parties. The purposesof this research are to; first, find out the cause of default occurance of merchant oralagreement with the market management at Baru Market Pangkalan Kerinci, PelalawanRegency; second, find out the completion effort of oral agreement default of stall & businessplace tenancy between the merchant and the the management of Baru Market PangkalanKerinci Pelalawan Regency.The type of this research was Sociological research because the author directlyconducts research on the location the place being investigated in order to give complete andclear description on the problem being investigated.The result of the research and discussion shows that first, default occurance at BaruMarket Pangkalan Kerinci between the marchant and the management of the market inwhich the default or broken promise and negligent statement is in accordance with article1238 Code of Civil Law. Second, the completion way of the problem is by using negotiation.Third, the result of the agreement occured namely taking over the stall or the business placewhose the renter did default and even there is compensation. While the effort to overcomedefault is in the form of statement only. In the agreement of stall and business place tenancyat Baru Market Pangkalan Kerinci Pelalawan Regency is better to be written and not onlystatement and to be emphasized more on the related Articles. The creditor who rent thestrall or business place should be more explicit in implementing the agreement content andtake action on the tenant who disobey the agreement in line with the law and prevails thecompensation system thoroughly to give deterrent effect for default debtor.Keywords: Oral Agreement-Tenancy-Violating the agreement
PENEGAKAN HUKUM TINDAK PIDANA ILLEGAL LOGGING DI WILAYAH POLISI AIR KABUPATEN BENGKALIS Yani Ochtavia; Emilda Firdaus; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

Illegal logging is a crime against forest damage in the field of forestry. Illegal logging includes illegal logging in a forest area that is illegal or without permission from the government or the authorities. The crime of illegal logging is regulated in Law No. 18 of 2013 concerning Prevention and Eradication of Forest Destruction. This study raises the problem of illegal logging that does not have a permit from the government. The purpose of this research is, first, to discuss how to enforce illegal logging. Second, what are the obstacles in law enforcement for illegal logging. And third, how to overcome law enforcement for illegal logging. The type of research the author will do is to use the juridical socioligical legal research method. This research method uses primary data that is data obtained directly from the field, and also secondary data, namely library research using primary legal materials secondary legal materials, and tertiary legal materials. The data is then used to describe a problem object in the form of synchronizing the facts that occur with the applicable laws and regulations. The results of the study by the author are first, law enforcement or illegal logging has not proceeded smoothly as it should because of the lack of security and supervision of the apparatus, the imbalance in the number of personnel of law enforcement officers. Second, the obstacle faced by the apparatus in enforcing the law of illegal logging is the lack of facilities and infrastructure owned by the Bengkalis Regency Water Pol. Third, efforts to overcome law enforcement on illegal logging by providing and conducting socialization in every village, conducting routine patrols and conducting raids. Keywords: Law Enforcement, Criminal Acts, Illegal Logging.
PENEGAKAN HUKUM PIDANA TERHADAP PELAKU TAWURAN PELAJAR OLEH POLISI RESOR KOTA PADANG Harisul Huda; Erdianto Effendi; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Seeing the situation and conditions that occur in the city of Padang often brawls between high school students (high school) and or vocational high school (SMK) so that makes researchers interested in reviewing it legally, because these situations and conditions often occur repeatedly. Triggers brawl is usually a sense of revenge, with a high sense of solidarity these students will reciprocate the treatment caused by school students who are considered harmful to a student or defame the school. This paper discusses criminal law enforcement conducted by the Padang District Police against brawlers between students in the Padang City jurisdiction, the obstacles faced by the Padang District Police in carrying out criminal law enforcement efforts against student brawls in the Padang City legal area and efforts made by the Padang City Police in anticipating against student brawlers.The research method is a sociological legal research that is research that wants to see the correlation of law with the community, so that it can reveal the effectiveness of the law in society and identify unwritten laws that apply to the community by jumping directly into the research location. Location of the study in Padang Police, researchers collected data consisting of primary, secondary and tertiary data. Data collection techniques namely questionnaire, interview and literature study. Data analysis was carried out qualitatively and drawing conclusions from the author using deductive thinking methods.The conclusion of this research is that the criminal law enforcement conducted by the Padang District Police against brawl perpetrators between students in the legal area of the City of Padang has not been effectively implemented, while law enforcement can guarantee legal certainty, order and legal protection. The obstacle in upholding criminal law against student brawls in the legal area of Padang City is firstly the lack of adequate means of vehicles to conduct patrols is still very limited, so that the police are still difficult to reach small alleys to monitor conditions that are said to be prone to misbehavior adolescents, secondly the lack of parental supervision of children and thirdly the lack of public trust in law enforcement officials. So that in the future the Padang City government should support the police and the TNI to cooperate in securing and preventing student brawls, so that in the future they can anticipate student brawls in the City of Padang.Keywords: Student - Student Fight - Padang Police Station.
PERLINDUNGAN HAK KEPERDATAAN TERHADAP ANAK AKIBAT PEMBATALAN PERKAWINAN SETELAH SALAH SATU PIHAK MENINGGAL Syafiqa Tiara Ayunda; Firdaus Firdaus; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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The issue of canceling a marriage might be not that common in Indonesia Citizens. But cases like this are already common in big cities. The cancellation of the marriage is due to the non-fulfillment of the conditions of the marriage or violation of the marriage ban which is written in Law Number 1 of 1974 concerning Marriage by person who do not consider marriage as a sacred thing that must be met in order to be legal and sacred. Cancellation of marriage itself can be detrimental to various parties in the future.The purpose of this study is to determine the legal consequences of a marriage cancellation in which one party dies and the fulfillment of children's rights as a result of a marriage cancellation after one of the parties dies. This type of research is normative legal research or what is known as "legal research". In this normative study addressed the approach to the law. The law approach is carried out by examining all laws and regulations relating to the legal issues being addressed. Legal research with a law approach will examine the principles of law, examine the fulfillment of children's rights in a marriage that is annulled which is linked to the study of the theory of justice.In the results of research and discussion there are 2 main problems that can be concluded. First, The legal consequences of a marriage annulment in which one of the parties died do not apply retroactively to the child born in the marriage. However, if the child is born after a marriage is canceled, recognition and proof is needed for the child to get inheritance rights. Second, children who are illegitimate in the eyes of the state but legitimate in the eyes of religion are still entitled to the inheritance rights left by the father. However, a child whose position is illegitimate in the eyes of the state or religion is only entitled to the inheritance on his mother's side. For the fulfillment of a living can be discussed by the previous family of the father.Keyword: Legal Protection, Child’s Right, Marriage Cancellation
PELAKSANAAN PERJANJIAN KERJA ANTARA KARYAWAN DENGAN PT. BAHARI SANDI PRATAMA PEKANBARU DIKAITKAN KINERJA KARYAWAN Sulistiani Sulistiani; Zulfikar Jayakusuma; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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According to Law Number 13 of 2003 concerning Manpower contains the rights and obligations of workers. One of the obligations of workers contained in this Manpower Act, namely in Article 102 paragraph 2, the performance of workers is the obligation of workers after the company gives its rights to workers, PT. Bahari Sandi Pratama Pekanbaru is a sea transportation shipping company that has a target every year. The purpose of this study is to determine the implementation of work agreements between employees and PT. Bahari Sandi Pratama Pekanbaru is associated with employee performance. This type of research is classified in the type of sociological legal research, namely research on the effectiveness of existing law, the nature of this research is descriptive research that describes systematically, the facts and characteristics of the object under study appropriately. Research conducted at PT. Bahari Sandi Pratama Pekanbaru, while the population and sample are all parties involved in this study, both the chief financial officer and employees. Sources of data used are primary and secondary data, data collection techniques used by interviews, questionnaires and literature review. From the results of the research problem there are two main things that can be concluded, First, the implementation of the work agreement between the employee and PT. Bahari Sandi Pratama Pekanbaru was not carried out properly. Employees have defaulted by not carrying out what was promised. Secondly, internal factors, namely employees themselves, excessive workloads which lead to concurrent positions and multiple duties and the lack of strict application of sanctions from the company itself, listen to external factors namely a less comfortable work environment that does not increase employee performance. The author's suggestion, First, should the parties in the work agreement must fulfill what is their rights and obligations as agreed between the employee and PT. Bahari Sandi Pratama Pekanbaru. Second, to minimize the causes of employees not improving performance at PT. Bahari Sandi Pratama Pekanbaru should the parties be able to pursue all rights and obligations properly for the good of both parties Keywords: work agreements, performance, employees, employer.
IMPLEMENTASI SURAT EDARAN JAKSA AGUNG NOMOR: B-113/F/FD.1/05/2010 DALAM PENYELESAIAN TINDAK PIDANA KORUPSI DENGAN KERUGIAN NEGARA YANG KECIL OLEH KEJAKSAAN TINGGI RIAU. Sandi Ersya Arrasid; Evi Deliana; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Corruption is a serious crime, then the effort to eradicate corruption needs to be done seriously, and continuously. Settlement of corruption cases based on the Attorney General's Circular Letter Number B-113 / F / Fd.1 / 05/2010 uses the concept of restorative justice by prioritizing the return of state financial losses in cases of corruption with small losses. The purpose of this research are: first, to find out how to resolve corruption with small losses using the Attorney General Circular Letter Number: B-113 / F / Fd.1 / 05/2010 based on the concept of restorative justice in the Riau High Prosecutor's Office, second, to know the obstacles in the implementation of the Attorney General's Circular Letter.This type of research can be classified in the type of sociological research, namely direct research at or the place under study. This research was conducted at the Riau High Prosecutor's Office, while the population and sample were parties related to the problem examined in this study, the source of the data used were primary data and secondary data, the data collection methods in this study were interviews and library research.From the results of the research problem there are two main things that can be concluded. First, the settlement of corruption with a small state loss based on the Attorney General's Circular Letter. The method of resolution is carried out by the prosecutor by issuing a Notification of the Progress of Investigation A2 (cases cannot be upgraded to an investigation), an Order to Stop an Investigation (SP3), and a P-26 Termination of Prosecution (SKPP) Decree. Second, the obstacles in the application of the Attorney General's Circular Letter Numberboth external and internal obstacles, such as irreversible state losses, non-cooperative perpetrator, legal position of Attorney General's Circular Letter, absence of determination loss limits in Attorney General's Circular Letter, and the prosecutor's bureaucratic structure that is nuanced by the command. The author's suggestion, first, the prosecutor's office should prioritize the concept of restorative justice in handling corruption cases with a small state loss. Second, special legislation is made regarding restorative justice in order to provide legal certainty.Keywords: Corruption Crime – Restorative Justice - Attorney General's CircularLetter

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