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INDONESIA
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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TINJAUAN YURIDIS TINDAKAN SPAMMING BERKONTEN PORNOGRAFI DALAM HUKUM PIDANA INDONESIA Dita Amelia; Mexsasai Indra; 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

Spammingpornographic content is a form of message sent via electronic device that is sent continuously and the content is not wanted by the recipient and contains pornographic content, the pornography in question is images, sketches, writing, sounds, moving pictures, animation, cartoons, conversations, gestures, or other messages through various forms of communication media and public performances, which contain obscenity or sexual exploitation that violates the norms of decency in society. The purpose of writing this thesis, namely; First, the regulation on spamming with pornographic content in Indonesian criminal law. Second, analyzing criminal law enforcement in overcoming pornographic content spamming.This type of research used in this research is a type of normative legal research or it can also be called literature research. Normative juridical research discusses doctrines or principles in legal scienceFrom the research, there are two main points that can be concluded. First, The regulation on spamming with pornography in Indonesian criminal law, that the regulation of spamming with pornographic content through the internet in Indonesian criminal law can be charged under Pasal 27 ayat (1) Undang-Undang Nomor 19 Tahun 2016 tentang Perubahan Atas Undang-Undang Nomor Undang-Undang Nomor 11 Tahun 2008 tentang Informasi dan Transaksi Elektronik as a special rule (lex specialis). Second, criminal law enforcement in overcoming pornographic content spamming, that criminal law enforcement in tackling pornographic content spamming can be done by implementing several strategies, namely improving the quality of human resources in law enforcers, especially cyber crime investigators, public legal awareness education to report to the Police, completed with electronic message evidence received by the victim.Keywords: Spamming, Decency, Criminal Law
PEMENUHAN UNSUR PIDANA DALAM TINDAK PIDANA PENCEMARAN NAMA BAIK BERDASARKAN UNDANG- UNDANG NOMOR 19 TAHUN 2016 PERUBAHAN ATAS UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK Anita Julianti; Erdianto Effendi; Davit Rahmadan
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

Defamation criminal acts based on information media and electronic transactions are regulated in Article 27 paragraph (3) of Law Number 19 Year 2016 Amendment to Law Number 11 Year 2008 Regarding Information and Electronic Transactions. Humiliation and / or defamation are criminal acts that often occur polemics in today's society, especially in the field of information technology, which has an important role in the present. But along with this development, problems related to criminal defamation arose with the criminal element problem, which contained several cases of non-fulfillment of criminal defamation elements.This research uses the typology of normative legal research or so-called doctrinal legal research, which is more specifically discusses the principles of law. In this study the authors use the nature of descriptive research, because the authors describe the fulfillment of criminal elements in criminal defamation actions based on Law Number 19 Year 2016 Amendments to Law Number 11 Year 2008 Concerning Information and Electronic Transactions. The results of the research conducted by the author is in determining actions which are categorized as acts against the law, it means that prior formulation of acts that are prohibited by the law must be known, could be threatened with punishment if they contain the full offense when the offense arises is considered offense that is considered to have been fully carried out . In accordance with the formulation in the Law on Information and Electronic Transactions specifically in Article 27 paragraph (3) of Law Number 19 Year 2016 Amendment to Law Number 11 of 2008 Concerning Information and Electronic Transactions. Law Enforcement Officials are expected to understand in detail the fulfillment of the element of criminal defamation so that there is legal certainty and does not cause multiple interpretations Keywords: Criminal Act – Defamation – Information and Electronic Transaction
Implementasi Tanggung Jawab Pelaku Usaha Apotek Terhadap Konsumen Atas Peredaran Vaksin Palsu Di Kecamatan Sailkota Pekanbaru Berdasarkan Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen Ilham Rijab; Firdaus Firdaus; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

So far, both food products in the form of raw and ready-to-eat ingredients and drinks with a variety of flavors and colors have been circulating widely on the market. The number of circulating products requires strong control from the government and related parties to ensure that food products on the market meet the proper standards and labeled halal for consumption. Therefore, consumers have the right to get information about the product content, ingredients made and halal products. will be consumed.This type of research can be classified in the type of sociological (empirical) legal research, because in this study the authors directly conduct research at the location or place of study in order to provide a complete and clear picture of the problem under study. This research was conducted research in Pekanbaru City. The reason the author chose the research location in Pekanbaru is because there are still many business actors who have not included a halal label on the goods being traded. While the population and sample are the Chairperson of the Indonesian Ulema Council (MUI) of Riau Province, Pekanbaru Breadtalk Employees and Pekanbaru Breadtalk Consumers. Data sources used are primary data and secondary data. Data collection techniques in this study were interviews, questionnaires, and literature review.The conclusions that can be obtained from the results of the study are: First, the factors underlying the producers who do not carry out halal certification of their products in the city of Pekanbaru consist of ignorance and lack of understanding of business actors regarding the existence of Law Number 33 of 2014 concerning Halal Product Guarantee, Actors Businesses Not Knowing the Procedures for Registering Halal Certification, Businesses that are Goed by Business Actors are still on a Small Business scale, Business actors assume that the raw materials used in products are Halal, business actors or producers are dishonest and commit fraud or fraud to consumers and the level of public knowledge about halal label food products is still low. Second, legal protection for consumers of products that do not have halal certification in the city of Pekanbaru is not yet maximally implemented. This is indicated by the fact that there are still many products that do not yet have certification and have not been labeled as halal. In addition, the emergence of fake halal labels that do not meet the criteria for halal or not.Keywords: Legal Protection, Consumer, Food Products, Halal Certification, Pekanbaru
REFORMULASI DELIK TINDAK PIDANA PENGHINAAN CITRA TUBUH (BODY SHAMING) DI MEDIA SOSIAL DIKAITKAN DENGAN PRINSIP ASAS LEGALITAS Nadya Serena Nasution; Mexsasai Indra; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Crime of Body Image Shaming (Body Shaming) is a crime that is rife in Indonesia. Criminalinsulting body image (Body Shaming) gives a bad impact for individuals who experience it such asdepression, and eating disorders. Perpetrators of Criminal Actions for defamation of body image (BodyShaming) can be charged with applicable Laws, although in reality there is no article that specificallyregulates the criminal conduct of body image defamation. There should be a more specific regulationregarding the crime of insulting body image (body shaming) on social media because Indonesia is a countrythat adheres to the principle of legality, if a crime occurs then it will be seen whether there are legalprovisions that govern it and whether the existing rules can be applied to criminal offenses that occur thebody is not ideal and / or not like body shapes in general. Based on this understanding, the authors identifytwo problem formulations, First how to regulate the crime of insulting body image (Body Shaming) in thepresent condition of crime (Body Shamig) on social media in criminal law. Second, how the reformulation ofthe crime of insulting body image (Body Shaming) on social media is related to the principle of legality.This type of research can be classified in normative juridical research, because this research isconducted by examining secondary data and approaches to law, this normative research examines theprinciples of legal principles of law. The data sources used are, primary data, secondary data, tertiary data,data collection techniques in this study are normative juridical, the data used is library research.Based on the results of research and the problem in this study is the regulation of criminal acts thatinsult body image (body shaming) in criminal law in Indonesia refers to Article 315 of the Criminal Codeabout insults and Article 27 Paragraph (3) of the ITE Law. In the ITE Law, there are articles which areconsidered more suitable to ensnare the perpetrators of the crime of insulting body image (Body Shaming).In Article 27 Paragraph (3) of Law Number 11 Year 2008 Changes to Law Number 19 of 2016 ElectronicInformation and Transactions lacks a definite rule regarding body shaming criminal acts which causesmany problems or losses experienced by the victim. The absence of a definite rule regarding the bodyshaming crime has caused many problems or losses experienced by the victim. The need for a legal updaterelated to the existence of regulations and their implementation. The renewal of the ITE Law was carriedout because it was not yet ideally for the crime of insulting body image through social mediaKeywords: Insult, Body Shaming, Criminal Law Renewal
PERLINDUNGAN EKSPRESI BUDAYA TRADISIONAL MASYARAKAT ADAT MELAYU DI PROVINSI RIAU Tengku Mega Rahmadini; Zulfikar Jaya Kusuma; Dasrol Dasrol
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

Traditional cultural expressions are knowledge, skills and practices that are developed, maintained and passed down from generation to generation in society, which often forms part of the cultural or spiritual identity of that society. At present there is no clear protection and regulation of the potential that comes from traditional knowledge and traditional cultural expressions from both economic and moral aspects so that they can be claimed by foreign parties or commercialized without sharing the benefits to the bearer community. The purpose of this study is to determine the protection of traditional cultural expressions of Malay indigenous peoples in Riau Province, to find out legal and non-legal issues that are obstacles in protecting traditional cultural expressions of Malay indigenous peoples in Riau Province, and to find a way out of the problem of protecting cultural expression traditional Malay traditional community in Riau Province. The type of research or problem approach that will be used in this research is normative juridical, namely research conducted by examining secondary legal material or research based on standard rules that have been recorded is also called library research.Protection of folklore in the Copyright Act has not been effective, the protection is still difficult to implement, because until now the Government Regulation referred to in article 38 paragraph (4) of Law number 28 of 2014, does not yet exist. Legal constraints in protecting the traditional cultural expressions of Riau Province include: regulation of related rights that are ignored, there are no implementing regulations due to the absence of Government Regulation referred to in Law Number 28 of 2014, and the delays in the formation of the Draft Law on Traditional Knowledge and Expression Traditional cultures that have not yet been ratified, non-legal constraints include: indigenous communities that are communalistic and put forward the concept of community, the concept of folklore as intellectual property has not yet been fully accepted by indigenous peoples, and indigenous peoples who do not care about protection efforts. To get world recognition for national cultural heritage, Indonesia must follow the stages and format determined by UNESCO.Keywords: Protection of Folklore, Traditional Cultural Expressions, Indigenous Peoples.
KEBIJAKAN KRIMINALISASI TERHADAP PENYIDIK YANG TIDAK MENYEDIAKAN BANTUAN HUKUM KEPADA TERSANGKA YANG DIANCAM DENGAN PIDANA 5 TAHUN LEBIH BERDASARKAN PASAL 56 KITAB UNDANG-UNDANG HUKUM ACARA PIDANA Wais Arfam Utama; Erdianto Erdianto; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Assistance by a legal adviser in a criminal justice process for a suspect ordefendant is very important because, even though his freedom is limited, a suspect still has human rights that are inherent in him and its fulfillment cannot be ruled out. The absence of legal consequences for violations of Article 56 of the Criminal Code is a factor in the emergence of crimes committed by law enforcement officials against suspects or defendants in the law enforcement process.The research method used in this thesis uses normative legal research, namely legal research which studies statutory regulations and legal principles. In this normative research, the writer conducts research on several laws and regulationsFrom the research, there are two main points that can be concluded. First, the criminal law policy against investigators who do not provide legal assistance to suspects who are punished with a sentence of 5 years or more is sometimes ignored or not in accordance with its purpose. Second, that an investigator who does not provide legal assistance to a suspect who is sentenced to 5 years in prison deserves to be qualified as an act that can be criminalized because he has violated several laws and other regulations.Keywords : Criminalization Policy, Investigators, Legal Aid
PENERAPAN REHABILITASI TERHADAP PENYALAHGUNA NARKOTIKA BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA DI KABUPATEN SIAK Muhammad Ragel; Erdianto Effendi; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

According to Article 54 of Law Number 35 Year 2009 concerning Narcotics, narcotics addicts and narcotics abusers must undergo rehabilitation. But in the application in Siak Regency, rehabilitation is only an expectation of narcotics addicts and users to get treatment and treatment. The purpose of writing this thesis are: First, the application of rehabilitation of narcotics abusers in Siak Regency, Second, the obstacles experienced by law enforcement officials in the application of rehabilitation of narcotics abusers in Siak Regency.This type of research can be classified in the type of empirical juridical research or sociological research, because in this study the authors directly carry out research at the location under study in order to provide a complete and clear picture of the problem under study. This research was conducted in Siak District, namely in the Siak District Court, Siak Resort Police, and Pekanbaru Class IIA Penitentiary, while the population and sample were all related to the problem under study, the data source used primary data, secondary data and tertiary data , data collection techniques in this study with interview observations and literature studies.From the results of the research problem there are two main things that can be concluded. First, the implementation of rehabilitation of narcotics abusers in Siak Regency has never been implemented by law enforcement officials and the government. Second, the obstacles faced by law enforcers in implementing rehabilitation of narcotics abusers in Siak Regency namely, the absence of the District Narcotics Agency and the Integrated Assessment Team, lack of knowledge of law enforcement officials, lack of rehabilitation institutions, budgets. The author's suggestion is that the Government needs to provide assistance for the implementation of this rehabilitation in Siak Regency, then the quality and quantity of law enforcement officials need to be developed, and the need for special attention from the Government and law enforcement officials.Keywords: Implementation, Rehabilitation, Narcotics Abuser
PERTANGGUNGJAWABAN PELAKU PIDANA PORNOAKSI YANG VIDEONYA DISEBARKAN OLEH ORANG LAIN Reni Marbun; Erdianto Erdianto; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Pornography is not just worrying and tarnishing the good name and detrimental to the honor of others and very degrading surrounding. Besides that, talking about the crime of porno-action in the mass media at the moment is inseparable from criminal liability against the spread of porn-action which results in the ease of people being able to access internet sites. Therefore it is necessary to examine the problem in this study is how is the criminal responsibility of the perpetrators of pornography whose videos are spread by others, and whether the perpetrators of pornography spreaders can be accounted for by criminal law.This research is a normative legal research, in which this normative legal research is carried out by examining library materials or secondary data consisting of primary, secondary and tertiary legal material, which examines the legal principles contained in the Criminal Law Code. This study uses descriptive research, because the author intends to provide a clear and detailed description of the Criminal Liability of Porno Actors whose Video is distributed by others.From the results of the study, it was concluded that the criminal liability of pornography perpetrators whose videos were distributed by others has not been carried out to the maximum extent possible by law enforcement officials because regulations related to criminal acts are very weak because they have not been well socialized and comprehensive, and viewed from the point of view of law enforcement officials who do not understand all the current regulations so that they have not been carried out out of the three rules, namely the Criminal Code, Law Number 44 Year 2008 Regarding Pornography and Law Number 19 Year 2016 Amendment to Law Number 11 of 2008 concerning Transaction and Electronic Information.Keywords: Invistigation-People Smuggling- suspect
PERLINDUNGAN HUKUM TERHADAP PEMEGANG HAK CIPTA PADA PEMUTARAN FILM DI MOVIE BOX KOTA PEKANBARU Riza Andriani; Evi Deliana; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

The film is a cinematographic copyrighted work and is protected in Article 40 paragraph (1) letter m of Law Number 28 Year 2014 concerning Copyrights, so that other parties who use the economic rights of the creation must obtain the author's permission or any copyright related to Article 9 paragraph (1) and paragraph (2) UUHC. However, in the settlement that occurs against copyright, commercial films are played without the permission of the creator or copyright holder.The purpose of this study is to explain how the legal protection of copyright for films conducted by the film box business and to explain the legal remedies related to efforts to overcome copyright watching movies. Based on the results of the study referred to as copyright for films that get automatic protection from films made based on the agreement made by the creator or copyright holder of the film, they report about their copyrighted work for the Police Investigator and the IPN IPR Ministry of Justice and Human Rights. Efforts made by PPNS HKI Ministry of Law and Human Rights of the Riau Regional Office in an effort to minimize film copyrights are to make internal and external efforts, other than that what can be done by the creator or the copyright holder of the film for the copyrighted works can be done by litigation. With a lawsuit through the court can also be done by non-litigation namely through alternative dispute resolution.Releasing the Ministry of Law and Human Rights of the Riau Regional Office to deal with and minimize the violation of the copyright of the film that is happening now is increasing public awareness about UUHC law by conducting socialization to the entire community. Keywords: Film - Copyright Holder - Media Box - Commercial
PENEGAKAN HUKUM TERHADAP PELAKU USAHA PEMBUATAN TANDA NOMOR KENDARAAN BERMOTOR TIDAK RESMI DI WILAYAH HUKUM KEPOLISIAN RESOR KOTA PEKANBARU Jonatan Alexander G; Erdianto Effendi; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

The motorized vehicle number mark is proof of the legitimacy of operating a motorized vehicle in the form of a license plate or other material with certain specifications issued by the Indonesian National Police and containing the area code, registration number, and validity period and installed on the vehicle. So, the motor vehicle number sign is other than that. declared invalid and invalid. A motorized vehicle number sign is a must for every motorized vehicle user when owning a motorized vehicle. However, in fact, many motorists use unofficial Motor Vehicle Number Marks made on business actors to produce unofficial Motor Vehicle Number Signs in Pekanbaru city. which should have been in Article 62 in conjunction with Article 8 Paragraph (1) Sub-Paragraph (a) of Law Number 8 Year 1999 concerning Consumer Protection, business actors may be subject to a maximum imprisonment of five years or a maximum fine of Rp. 2 billion. However, until now, law enforcement against business actors making unofficial Motor Vehicle Numbers in Pekanbaru has never been enforced.This type of research is classified as legal sociological research because in this study the author directly conducts research at the location or place to provide a complete and clear picture of the problem under study. This research was conducted at the Pekanbaru City Police and Pekanbaru City Police. While the population and sample are all parties related to the problems studied in this study, the data sources used are primary data, secondary data and tertiary data. Data collection techniques in this study were carried out by interviews, questionnaires and literature study.This study aims to find out how law enforcement against business actors making unofficial Motor Vehicle Numbers in the jurisdiction of the Pekanbaru City Police, what obstacles are faced in law enforcement against business actors making unofficial Motor Vehicle Numbers in the jurisdiction of the Pekanbaru City Police. , as well as what efforts can be made to overcome obstacles in law enforcement against business actors producing unofficial Motor Vehicle Numbers in the jurisdiction of the Pekanbaru City Police.Keywords: Law Enforcement, Business Actors Making Number Plates, Special Crime

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