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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
 153   154   155   156   157 
PENGARUH SANKSI DISIPLIN TERHADAP APARAT KEPOLISIAN YANG MENYALAHGUNAKAN NARKOTIKA TERHADAP PENINGKATAN ANGKA PENGGUNA NARKOTIKA DI KALANGAN KEPOLISIAN Yodwi Augadinda Puti Taya; Davit Rahmadan; Ledy Diana
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

Narcotics crime is regulated in Law Number 35 Year 2009 concerning Narcotics. The formation of this law is based on considerations, among others, that narcotics on the one hand is a drug or material that is useful in the field of medicine or health services and the development of science and on the other hand can also cause a very detrimental dependency if misused without strict and careful control and supervision.This type of research can be classified in the type of Normative legal research, which reveals legislation relating to legal theories that are the object of research. The approach taken uses a qualitative analysis approach by looking for data both in books, journals and other scientific works related to this research. The data sources used are primary and secondary legal materials.The conclusions that can be obtained from the results of the study are: First, The Effect of Disciplinary Sanctions on Police Officers Who Abuse Narcotics on Increasing Narcotics User Numbers in the Police Sector does not show a decrease in numbers, the condition of weakening discipline and professionalism of members of the National Police which is now starting to often become a public discussion. He often reported in various mass media about disciplinary actions carried out by members of the National Police. Second, the Ideal Concept of Sanctions against Police Officers Abusing Narcotics Any activity or effort aimed at creating community members including Polri members to obey regulations or laws does not guarantee that the community or Polri members will comply with existing regulations. The ideal concept for police officers who abuse narcotics through Pre-emptive Efforts (Development), Repressive Efforts, Preventive Efforts. Therefore, in order to realize the upholding of Polri's disciplinary law, currently in the development of the culture of the Police the police are required to make a change from militaristic to behavior that reflects the Civil Police, is democratic, upholds the rule of law and upholds human rights..Keywords: Crime, Narcotics, Police, Sanctions, Law Enforcement.
PENGARUH KEBIJAKAN RASIONALISASI ANGGARAN TERHADAP PELAKSANAAN APBD PEMERINTAH DAERAH PROVINSI RIAU TAHUN ANGGARAN 2018 Ilham Azhari; Mexsasai Indra; Zulfikar Jayakusuma
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

Local government budgets of Riau Province have deficits. The local government of Riau Province assigns budget rationalization policy to the implementation of the regional budget. this research intends to find out impact budget rationalization policy towards the implementation of regional budget and learn any factor causative local government applies budget rationalization policy.This research is sociological law research because it is based on field research using the interview method as primary data supported by library research as secondary data. this study uses qualitative data analysis and produces descriptive data.Conclusions in this research, first are concluded that budget rationalization policy has an impact very influential to Local government department indicative funding ceilings for all department local governments, but not very impactful to Riau province development. second, the factor causative applied factor budget rationalization policy because local revenue that received not according to revenue target.The author's advice is, first, to the regional government of Riau province, please use the budget principles appropriate with the general principles of regional financial. second, within in preparing the budget should more carefully in setting the regional revenue target. because planning is the key to success towards good regional financial governanceKeywords: Impact – Local Government Budget - Deficit
GAGASAN PENGATURAN KEBEBASAN MENYAMPAIKAN PENDAPAT DI MEDIA SOSIAL DALAM PERSPEKTIF HAK ASASI MANUSIA Wan Hilfiana; Mexsasai Indra; Evi Deliana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Freedom of expression is an important element in democracy as well as public participation in exercising their rights effectively both in terms of participation in making a public policy. Freedom of expression has several functions. This is a form of human rights implementation. Given the right to express opinions to the public, it means that one of the human rights has been recognized, guaranteed, and fulfilled.This study uses a typology of normative legal research or what is also called doctrinal legal research, which deals more specifically with legal principles. In this research, the writer uses descriptive research characteristic, because the writer describes the Arrangement of Freedom of Expressing Opinions on Social Media in a Human Rights Perspective.The result of the research conducted by the author is that the Government wants to revise the laws and regulations regarding Information Technology and Electronics, where there are weaknesses in the article that lead to multiple interpretations. In making revisions, it should pay attention to conformity with the relevant laws and regulations, in order to create a relevance between the laws and regulations and not contradict each other and there is a need for legal reform of the ITE Law and restructuring aimed at realizing consistent and sustainable legal protection in ensuring freedom of expression.Keywords: Arrangement- Freedom of Opinion- Social Media- Human Rights
PERTANGGUNGJAWABAN PT. HEROTAMA INDONUSA CABANG SUMATERA BARAT DALAM PELANGGARAN KONTRAK KERJA DENGAN KILANG PANASONIC SYSTEM NETWORKS Gladysha Indahcantika Mazalio; Firdaus Firdaus; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

The concept of the rule of law provides rights and obligations to citizens by the state, one of which is guaranteed by the state is the availability of employment for citizens. This can be seen in Article 28 D Paragraph 2 of the 1945 Constitution which states that everyone has the right to work and to receive fair and appropriate compensation and treatment in an employment relationship. Judging from this article, it states that the state must contribute to guarantee citizens for decent work. To support government policies and programs, the government issues government policies and programs in the placement of Indonesian migrant workers abroad.However, in its implementation a lot of legal violations occurred concerning Indonesian Migrant Workers working abroad, such as violating the law in a work agreement or (default). There are many incidents where Indonesian Migrant Workers who flee while doing work cause many service providers to become victims of losses for mistakes made by Indonesian Migrant Workers.The purpose of writing this thesis, namely; First, knowing the responsibility of PT.Herotama Indonusa for migrant workers who have violated the employment contract with the Panasonic refinery, Second; know the nature of the legal consequences of Indonesian Migrant Workers who violate employment contracts.From the results of the study based on two problem formulations can be concluded, First, In the responsibilities carried out by the company PT. Herotama Indonusa to the Panasonic Refinery, PT. Herotama Indonusa must compensate for actions committed by migrant workers. PT. Herotama also had consequences on the blacklist from the refinery so that this was very detrimental to PT. Herotama Indonusa. Second, the implementation of the legal consequences given to the Migrant Workers should be to impose sanctions in accordance with the contents of the employment contract agreement between the Migrant Worker and PT.Herotama Indonusa Company, but in reality the Migrant Worker does not fulfill the contents of the agreement. And also supposedly in Law number 18 of 2017 concerning the Protection of Migrant Workers regulates the obligations of Migrant Workers when committing violations or mistakes related to work contracts.Keywords: Liability-violation-employment contract
TANGGUNG JAWAB SOSIAL PERUSAHAAN (CORPORATE SOCIAL RESPONSIBILITY) PT. KOTO ALAM SEJAHTERA DIBIDANG PERTAMBANGAN BATU TERHADAP LINGKUNGAN SEKITAR DAN MASYARAKAT KOTO ALAM KECAMATAN PANGKALAN KOTO BARU SUMATERA BARAT Sutri Lasdienti; Firdaus Firdaus; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

Corporate social responsibility (CSR) is one of the obligations that must be carried out by companies in accordance with the contents of Article 74 paragraph (1) of the Limited Company Law (UUPT). CSR activities were originally a program that was voluntary or not required to be carried out by the company. This understanding changed when the government began to realize that CSR is very important to be implemented especially for companies engaged in mining or companies whose activities are related to natural resources. This is because mining companies are closely related to the environment. Many mining companies do not pay attention to the environment and surrounding communities so that the environment becomes damaged and the welfare of the community does not experience significant changes as they should.This study aims to determine the implementation of corporate social responsibility (corporate social responsibility) of PT. Koto Alam Sejahtera to the environment and the community of Koto Alam and to know the efforts that must be made by PT. Koto Alam Sejahtera in implementing CSR to create a good environment for the Koto Alam community. The type of research the writer uses is sociological research. In this sociological legal research, the authors obtain data through interviews with companies and the public and pay attention to supporting literature. The data obtained were then analyzed qualitatively and presented descriptively.The results of the CSR implementation research conducted by PT. Koto Alam Sejahtera is still not in accordance with the nature and ideals of CSR desired by the law because the implementation of CSR so far is only fulfilling the obligations required by the law. PT. Koto Alam Sejahtera also has not fulfilled the principles of propriety and reasonableness because the CSR program they are running is only giving money for community assistance, but there is no CSR program that aims to preserve the environment. so that the environment is not maintained, it will also affect the economy of the Koto Alam community.Keywords: corporate social responsibility - community – environment
POLITIK HUKUM PEMBENTUKAN PERATURAN DAERAH PROVINSI NOMOR 7 TAHUN 2019 TENTANG PERUBAHAN ATAS PERATURAN DAERAH NOMOR 4 TAHUN 2016 TENTANG PEMBENTUKAN DAN SUSUNAN PERANGKAT DAERAH PROVINSI RIAU Alfin Julian Nanda; Mexsasai Indra; Maria Maya Lestari
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

This study aims to find out how the legal political configuration of the Formation of Provincial Regulation No. 7 2019 concerning Amendments to Regional Regulation No. 4 2016 concerning the Formation and Composition of Regional Apparatus of Riau Province. The formulation of the problem posed is what is the political configuration and legal character in the Provincial Regulation No. 7 2019 concerning the Formation and Composition of the Regional Apparatus of Riau Province from the aspect of legal politics. This research belongs to the typology of empirical juridical legal research. Research data was collected by means of document / library study and interviews with the Head of the Legal Bureau and Members of the Special Committee for Regional Regulation No. 7 2019 concerning the Formation and Composition of Regional Apparatus of Riau Province. The analysis was conducted using a statutory approach combined with related party interviews. The results of this study show the configuration of political parties that occurred in the discussion of Provincial Regulation No. 7 2019 concerning the Formation and Composition of Regional Apparatus of Riau Province, namely that there are slight differences in general views between political party factions. The organizational arrangement of regional apparatus is a common thing in an organizational cycle, including in regional government organizations. The process of its birth until the discussion of Regional Regulation No. 7 2019 concerning the Formation and Composition of Regional Apparatus of Riau Province by the DPRD Riau Province is one example of a legal product that is reflects the fulfillment of the demands of individuals and social groups in society so that it is better able to reflect a sense of justice in society. The suggestion put forward by the author is that there is a need for good coordination between the Regional Secretariat Organization Division with all OPD and DPRD as well as all state civil servants who are in the scope of Riau Province. In the process of implementing this regional apparatus regulation, additional facilities and infrastructure should be made as well as provisioning needed by the state civil apparatus in realizing regional apparatus institutions in accordance with the applicable Regional Regulations.
KEPASTIAN HUKUM TERHADAP EKSEKUSI TERPIDANA MATI DALAM HUKUM PIDANA INDONESIA Ibnu Sya’ban Syah J; Evi Deliana; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Legal certainty regarding the execution of death row in Indonesian criminal law is not regulated regarding the period of execution of decisions that have permanent legal force. This makes the time limit for execution even more unclear because there is no definite legal basis. In this way the law also seems to allow uncertainty regarding the execution deadline. The long delay has reached many years even though the verdict has permanent legal force and there are convicts who did not take extraordinary legal remedies or file for clemency. Detention in a prison that lasts a long time and is not certain to indicate a conflict with the principle of legal certainty.This research is a normative legal research. Legal research carried out by examining mere library materials or secondary data, can be called normative legal research or library legal research (in addition to sociological or empirical legal research that primarily examines premiere data). This research uses a research methodology on legal principles.Based on the results of the study it can be seen that the legal certainty of the execution of death row in Indonesian criminal law up to now violates many human rights both in its regulation and application. The delay on protracted executions has a close relationship with legal certainty. This can be seen from how long the convict must wait in prison to be executed and whether the death row inmate will be executed or not. The uncertainty in the execution of capital punishment certainly is contrary to the legal certainty of a just criminal law enforcement process. Ideal arrangements regarding the implementation of capital punishment should be immediately carried out in accordance with predetermined rules, so that the creation of legal certainty for the execution of death row inmates until the future.Keywords: Legal Certainty, Death Penalty, Execution
KONSEPTUALISASI PENERAPAN PERADILAN RESTORATIVE JUSTICE TERHADAP PELAKU TINDAK PIDANA PEDOFILIA DI INDONESIA Rama Setyo Prakoso; Dessy Artina; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Pedophilia occurs in various places, in several acts and various types ofperpetrators. Resolutions of this problem have not stop in one form. Using theconcept of Restorative Justice to achieve humanitarian justice is a concept thatwill be a progressive step in the settlement of non-criminal pedophilia. Thisresearch aims to: first, understand the current regulations for pedophiles inIndonesia, second, to find out the relevance of Restorative Justice to be applied inthe criminal prosecution of pedophilia in Indonesia.This type of research is classified as a normative study using concept ofRestorative Justice and correlation principle to approach the issues, secondarydata is used by collecting data from library research, analyzed by qualitativejuridical analysis and concluded using descriptive analytical methods.From this research we can conclude two main things. First, the currentregulations for pedophiles in Indonesia can now be found in the Criminal Code(KUHP) and Law Number 23 Year 2002 concerning Child Protection, which ischanged into Law Number 35 Year 2014 junto Act Number 23 of 2002 concerningChild Protection, which then underwent a second change with Act Number 17 of2016 concerning the Establishment of Perpu Number 1 of 2016 into Law.However, in this regulation, the punishment only focus on the detention of theperpetrators without considering other factors behind their actions, and did notprovide definitive protection for victims. Second, the relevance of restorativejustice (Restorative Justice) to be applied in Indonesia to pedophilia criminalcases in terms of several aspects such as; ethics and values of the Pancasila andIndonesia’s culture are not conflicted and can be coincide. So, the concept ofrestorative justice against pedophile perpetrators can be applied in Indonesiawith the right and appropriate arrangements.Keywords: Pedophilia, Restorative Justice, Children
TINJAUAN YURIDIS TERHADAP TINDAK PIDANAPENGANIAYAAN DALAM PERTANDINGAN SEPAKBOLA DI INDONESIA DIKAITKAN DENGAN ASAS LEX SPORTIVA Salsabila Afnita; Erdianto Erdianto
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

The offense of maltreatment in a legal framework is considered a crime, namely an act that is subject to sanctions by law. The criminal act of maltreatment is an ordinary offense, which means that reporting is not a condition for filing a lawsuit. In addition, the Federation International de Football Association (FIFA) as the International Federation of football which controls and has sovereignty over football, organizing professional football competitions also requires legal guarantees and security guarantees from the state as outlined in the licensing mechanism listed in article 1 of the FIFA Diciplinary Code Preliminary Title.Football matches in Indonesia are often chaos. One example of a fight between players in a professional football match occurred in a match between clubs from Central Java Persis Solo against clubs from East Java Gresik United. The case had a long tail and caused a stir for football players in Indonesia because it entered the court and became a beating case that was dragged into national law. In the development of football in Indonesia there is the Indonesian Football Association (PSSI), as the association that houses and represents FIFA. After the football parent organization was ratified, the PSSI as the main force for football organizations in the country formed regulations that functioned to regulate the matches organized by PSSI, known as the League Manual Rules. The League Manual Rules were made as an effort to maintain sportsmanship in competing and also to protect players from harsh and rough elements.This research will be prepared using the type of normative juridical research, namely research that is focused on examining the application of the rules or norms in positive law regarding legal principles, the legal principles used in this study are Lex Sportiva's legal principles. The approach used in this research is to use a normative approach, namely literature law research. The results of the research conducted by the author are, first to find out how the lex sportiva is applied to criminal acts of persecution in Indonesian football. And the results of research to see and justify reasons and excuses for forgiveness for athletes who injure playmates.Keywords: Law enforcement - denial of coinsn – Indonesia Football
PENYELESAIAN TINDAK PIDANA PENGHINAAN MELALUI MEDIASI PENAL PADA MASYARAKAT ADAT DI JORONG SALASA KENAGARIAN PADANG TAROK KECAMATAN BASO KABUPATEN AGAM Ramadan, Rahmad; Firdaus, Emilda; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

Indonesia is a state of law where every legal provision rests or is guided by Pancasila and the 1945 Constitution. Legislation should not conflict with higher regulations because they are required by the national. However, in societies other than the existence of a law that plays a national role there is also a customary law that was born and developed in the midst of a community called adat law. The purpose of this thesis discussion is: First, what is meant by the assistance of improvements to indigenous peoples in Jorong Salasa Kenagarian Padang Tarok, Baso District, Agam Regency. Second, what are the challenges in overcoming criminal acts on indigenous people in Jorong Salasa Kenagarian Padang Tarok, Baso District, Agam Regency.This type of research uses the method of sociological research because this study the author directly conducts research in a location or place that will gather complete information and explain about the problem to be discussed. This research was conducted in Jorong Salasa, Kenagarian, Padang Tarok, Baso District, Agam Regency, West Sumatra Province. Population samples and samples are study participants related to the problems discussed in this study. Data sources used are primary data, secondary data, tertiary data. Data collection techniques in this study were interviews and document studies.The Conclusions that can be drawn from this study Following are the conclusions that can be obtained from the results of the first research, Case Settlement through Penal Mediation on the follow-up of the Jorong Salasa Indigenous people of Padang Tarag Kenagarian Padang Tarag, Taro District, Baso District, Agam Regency has not been implemented well. The parties should have been able to approve the results of the decision of ninik mamak in completing the case through Penal Mediation for the prevention of the Indigenous people of Jorong Salasa Kenagarian Padang Tarag, Baso District, Agam Regency. as an alternative in resolving cases that occur in society. Second, While Constraints related to the process of settling court cases through mediation of criminal acts against indigenous people in Jorong Salasa Kenagarian Padang Tarok, Baso District include the absence of one party, uncooperative parties, requests for fines that need to be high, there is no need to convert people people who become law enforcement.Keywords: Settlement, Criminal Case, Penal Mediation, Customary Law, Insult.

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