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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
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PELAKSANAAN PAGANG GADAI SAWAH BERDASARKAN HUKUM ADAT DI KANAGARIAN KOTO TINGGI KECAMATAN BASO KABUPATEN AGAM PROVINSI SUMATERA BARAT Farhan Muhammad Aziz; Zulfikar Jayakusuma; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Land is an important element of the formation of the State, in achieving the goals of the State, government intervention is needed, but the cultural diversity of each region is one of the obstacles to the implementation of national law, pawning land is one of the land transactions that still exists and is the needs of Indonesian indigenous peoples including customary law Minangkabau. Where transactions are carried out by Minangkabau indigenous people especially in Kanagarian Koto Tinggi, Agam Regency where many transactions have taken place for decades without any time limit, either orally or in writing.The purpose of this research is to find out how the implementation of the existing pawn apprenticeships in Koto Tinggi Kanagarian and what are the legal consequences of the implementation of the pawn apprenticeship. This type of research is sociological juridical, analytic descriptive research. The research location was Kanagarian Koto Tinggi, Baso Subdistrict, Agam Regency, West Sumatra Province. Data sources used, primary data, secondary data and tertiary data. Data collection techniques with interviews and literature review.From the results of this study, it was concluded that, first, the pawning process in Koto Tinggi Kanagarian began with the agreement of families and people who would pawn the fields and the implementation did not use a time limit. Second, it has been going on for decades ago redemption is based on the price of gold at the time of redemption so that debtors are unable to cut down especially the middle to lower class because the price of gold has gradually increased in price. The author's suggestion is, first, the Government of Agam Regency, West Sumatra Province in general, make a written rule regarding the implementation of pawning apprenticeships, so that with this regulation facilitate the implementation of pawning apprenticeships by the Minangkabau community and mutual benefit between the parties. Second, the Government must be able to socialize, so that the purpose of Article 7 of Law No. 56 of 1960 concerning the Determination of Agricultural Land Area can be achieved.Keywords: Pawn Merchants - Customary Law - In Minangkabau
GAGASAN PENGATURAN SANKSI PIDANA KEIMIGRASIAN TERHADAP KORBAN TINDAK PIDANA PENYELUNDUPAN MANUSIA Limonang, Limonang; Firdaus, Emilda; Ferawati, Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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People smuggling as organized crime has been discussed in the United Nations Convention Againt Transnational Organized Crime or the UN Convention against Organized Transnational Crimes was finally ratified through Law Number 5 of 2009 in order to strengthen international cooperation and be increased in order to prevent and eradicate transnational organized crime. In the process, people who want to be smuggled migrant victims usually give a smuggler reward. In other words, people who are smuggled do their actions consciously and know the consequences of their actions. The modus operandi of human smuggling is inseparable from problems of demand (demand) and supply (payment). The smugglers will facilitate those who can afford to pay, then find an intermediary then the ship's captain and the person who will make fake documents if needed.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 Legal Arrangement of Human Trafficking Crimes According to Law Number 6 Year 2011 concerning Immigration has been regulated in general but in the norms the Immigration Act does not clearly explain the position of victims as perpetrators and regarding the crime of human smuggling is only explained in general terms. Second, the Ideal Immigration Criminal Sanction Arrangement Against Victims of Human Trafficking in Indonesia already has immigration rules but there is no specific article or special section governing human smuggling, the purpose of this special regulation is because the criminal acts of smuggling are different from acts of smuggling criminal immigration because it has a broad offense element and a concrete definition.Keywords: People Smuggling, Crime, Victim, Immigration, Rules.
PERLINDUNGAN HUKUM TERHADAP PENGGUNA JASA TITIP (JASTIP) MELALUI MEDIA ONLINE Monarchi, Try Krisna; Ismi, Hayatul; Dasrol, Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Development of online shopping systems has created new business opportunities, one of which is known by the public as entrusted services. A entrusted service is a job in and out of a shop, mall or wholesaler with certain brands according to the desires of customers who believe in their services. The goods you are looking for are not only at the local level, there is often a demand for goods from abroad. The entrusted service profession uses a very simple working mechanism. The position of an entrusted service is a third party between the seller and the buyer, but the main task of entrusting services is the shopper for the entrusters. Jastip, which is short for "entrusted services", has recently become a widespread phenomenon in Indonesia.The law does not in detail regulate this online entrusted service activity, but in the laws and regulations in Indonesia Online buying and selling transactions are regulated in Law Number 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning Information and Technology Electronics and Government Regulation Number 71 of 2019 concerning Implementation of Electronic Systems and Transactions and Government Regulation Number 71 of 2019 concerning Implementation of Electronic Systems and Transactions. In its implementation, it regulates Electronic Contracts at least containing certain things, one of which is provisions that give the injured party the right to return goods and / or request product replacement if there are hidden defects.In the implementation of this entrusted service business activity through online media, a problem occurs when consumers who purchase goods using entrusted services experience hidden defects in goods purchased from the entrusted service provider and the seller refuses to provide compensation for the change of goods and / or money changes accordingly. applicable rules. This is certainly contrary to the Consumer Protection Law Number 8 of 1999. In its implementation, business actors have the principle of responsibility in the Consumer Protection law. In cases of violations of consumer rights, careful analysis is needed in analyzing who should be responsible and to what extent the responsibility can be passed on to the parties concerned.The purpose of this study is to determine the mechanism for legal protection and settlement of entrusted service users through online media. And as a suggestion from the author, so that business actors can pay attention to the responsibilities of business actors in carrying out their business activities in accordance with government regulations so that problems do not occur that result in losses to consumers who use these buying and selling services at a later date.Keywords: Legal Protection, Personal Shopper, Online Media, Costumer.
KEWENANGAN PENYIDIK PEGAWAI NEGERI SIPIL DALAM PELAKSANAAN DAN PENEGAKAN UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS ANGKUTAN JALAN DI KECAMATAN MANDAU Fazly Mahatma Putra Gautama Negara; Mexsasai Indra; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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The Ministry of Transportation is an institution that has the authority to issue policies and / or legal rules governing transportation issues. Legal policies or rules that bind all parties involved in transportation activities. The Department of Transportation is an institution established under Decentralization. Decentralization here implies escape from the center. One example of the role of the Department of Transportation in maintaining the maintenance of an integrated traffic system is enforcement. Article 276 and 262 of Law Number 22 Year 2009 Road Traffic and Transportation. The purpose of this study, namely: first to determine the obstacles faced by the Office of Traffic and Road Transportation in the implementation and enforcement of the Act. the second is the efforts made by the Office of Traffic and Road Transportation in enforcing the Road Traffic Law and its solutions.This type of research used in writing this thesis proposal uses the method of sociological 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 is precisely in the office of the Regional Technical Implementation Unit of the Transportation Office of Mandau District, Bengkalis Regency. While the population and sample are all parties related to the problem examined in this study. Sources of data used, primary data, secondary data and tertiary data, data collection techniques in this study are observation, interviews and literature studies.From the results of this study it can be concluded that there are two main problems, namely: first, to find out the obstacles faced by the Office of Traffic and Road Transportation in the implementation and enforcement of articles 262 and 276 of Law Number 22 Year 2009 concerning Traffic and Road Transportation. That the applicable regulations are not adhered to, as well as overlapping authority between the transportation department of the Mandau sub-district and the Mandau district police. second, the efforts made by the Traffic and Road Transportation Agency in enforcing the Road Traffic Law by giving strict sanctions to road transporters who commit violations in the form of revoking route licenses, speeding tickets and imposing vehicles. The author's advice, firstly in order to be able to walk properly the importance of public vehicles entering the terminal, it requires strict sanctions for owners of public vehicles and also needed socialization about the authority of the transportation department in cracking down on road transport that commits traffic violations and the function of the terminal itself secondly, it is expected that the authorities related to cooperating in their respective portion and authority for the sake of creating smoothness, security, and order in traffic on the highway.Keywords: Authority - Road traffic and transportation - Non-motorized vehicles
TINJAUAN HUKUM INTERNASIONAL MENGENAI SERANGAN UDARA DI BANDAR UDARA INTERNASIONAL BAGDAD JANUARI 2020 Afandi, Muhajir; Jayakusuma, Zulfikar; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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One of the most important purpose of the United Nations establishment isto maintaining the international peace and security through the prohibition on theuse of force among states to settle their problem which has been enshrined underUnited Nations Charter (UN Charter). One of the exceptions for states to use theirforce is in the situation of self-defense against the prior attack directed againstvictim state under Article 51 of the UN Charter. Despite the prohibition provisionunder UN Charter, there are still violations to this provision by states, veryrecently was the attack directed against Baghdad International Airport in Iraq byUnited States on the basis of self-defense however the condition defined in theArticle 51 of UN Charter was not fulfilled hence it made United StatesConduction Estabilshed the nature of violation to the Article 2(4) of UN Charter.The type of research carried out through normative-juridical researchwhere this research is conducted on the basis of legal principles which startedfrom certain written authorities as well as priorly identifying the provisions thathas been enshrined in certain law. In this study, the data sources used weresecondary data with primary, secondary and tertiary legal materials cerried outby the library research means.The results obtained through the research proves that, firstly, that theUnited States attack against Baghdad International Airport of Iraq constitutes aviolation to the non use of force obligation, constitutes an act of Agressionfurthermore the violation of good faith principle towards UN Charter and theAgreement Between the United States of America and the Republic of Iraq.Secondly, the ‘Self-Defense’ Basis by United States Government could not bedeem lawful as the condition under Article 51 nor the condition under ‘CarolineTest’ was never fulfilled.Keywords : UN Charter – Use of Force – Pacta Sunt Servanda – Self-defenseby States
PENYELESAIAN TINDAK PIDANA DISKRIMINASI ETNIS DI LUAR PENGADILAN MELALUI LEMBAGA ADAT MELAYU RIAU Putra, Raka Prasetya; Erdianto, Erdianto; Tiaraputri, Adi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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In formal legal conduct contrary to criminal law, including discrimination, acts of racial and ethnic discrimination are prohibited in Article 4 (b) (2) of Law No. 40 of 2008 on the Elimination of Racial and Ethnic Discrimination, which reads : 'Shows hatred or hatred towards people because of racial and ethnic differences in the form of: (2): Speech, express or say certain words in a public place or other place that can be heard by others. In the settlement of criminal offenses, especially in minor criminal law, two choices are made to solve criminal law problems, namely litigating or not litigating. peace consultation mechanism (no litigation) In indigenous peoples, the case can be resolved out of court as long as the issue is a minor criminal case. Among the cases that arose around disputes as well as insults between ethnic groups between Malays and Batak tribes, this subsequently caused commotion, involving insults between racial and ethnic groups leading to disputes that were not in accordance with existing laws . The wording of the problems in this dissertation research is, first, how the legal perspective is related to the settlement of ethnic discrimination crime out of court. second, how the law can be enforced in the settlement of ethnic discrimination crimes through the Riau Malay Customary Institution From the results of research based on two problem formulations, it can be concluded: First, this settlement is resolved out of court through common law mechanisms to bring about peace, brotherhood and restoration of relations in society, in positive law the common law system is not regulated but is recognized and has legal provisions. that is at the level of positive law because this customary law has existed for generations and is used in customary law communities. Second, settlement out of court through the customary courts, settlement in this customary institution is not regulated in the positive legal system in Indonesia but has a recognized position in the Indonesian legal system, because the State recognizes and respects the position of customary law. Keywords: Racial and ethnic- discrimination-Indigenous Institutions
ANALISIS YURIDIS KEWENANGAN KOMISI PEMBERANTASAN KORUPSI DALAM PENYIDIKAN PELAKU TINDAK PIDANA KORUPSI PENGADAAN ALAT UTAMA SISTEM SENJATA OLEH OKNUM TENTARA NASIONAL INDONESIA Ardiansyah, Andri; Jayakusuma, Zulfikar; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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The Corruption Eradication Commission is an independent institution specifically formed to handle corruption cases that are equipped with a set of authority in carrying out the tasks of investigation, investigation and prosecution.In carrying out the duties and authority of the Corruption Eradication Commission in conducting investigations of the perpetrators of corruption, the procurement of the main equipment of the weapons system clashes with the oath of soldiers and the Military Justice Law, which has led to pros and cons in various circles.The purpose of writing this thesis is; first, to find out the authority of the Corruption Eradication Commission in investigating the perpetrators of corruption in the procurement of the main weapons system, especially those carried out by the Indonesian National Armed Forces.second, to find out the criminal law policy on the authority of the Corruption Eradication Commission in investigating perpetrators of corruption in the procurement of the main weapons system by the Indonesian National Armed Forces.In writing this thesis the author uses the normative juridical research method that emphasizes legal principles, namely the principle of legality. Then analyzed qualitatively and then make conclusions with the deductive method.The results of the author's research, are; First, the Investigation carried out by the Corruption Eradication Commission has a legal basis Article 42 of Law Number 30 of 2002 concerning the Corruption Eradication Commission.All authorities related to investigations, investigations and prosecutions as stipulated in Law Number 8 of 1981 concerning Criminal Procedure Law also apply to investigators, investigators, and public prosecutors in the Corruption Eradication Commission.Criminal law policy towards the handling carried out by the KPK and the Military related to the corruption case of the procurement of defense equipment is a separate treatment.Finally, the authors submit a suggestion that the President together with the House of Representatives (DPR) need to establish a regulation regarding the procedures and procedures regarding the investigation or existing laws must be amended so that there is no error in the authority of the investigation by any institution including the KPK, and so that the implementation or implementation the investigation has a clear legal umbrella and has legal jurisdiction.Keywords: Investigation - Corruption Crime - Military
PENERAPAN KLAUSULA EKSONERASI DALAM PERJANJIAN BAKU PENGANGKUTAN BARANG MELALUI PERUSAHAAN ANGKUTAN DARAT CV AISON EXPRESS DI KOTA PEKANBARU M. Wahyu Nugraha; Firdaus Firdaus; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Agreement is the main thing before carrying out cooperation, because the parties have made an agreement. in the clause of the article VIII expedition agreement paragraph 1 that if there is a claim for loss or damage to the shipment, the Carrier will settle the claim in accordance with the Guidelines for Procedures and Carrier Shipping Conditions, namely a reimbursement of a maximum of 5 (five) times the cost of sending specifically for items sent just lost or damaged.This type of research is sociological legal research, research that wants to see the correlation between law and society, so that it can reveal the effectiveness of the law in society and identify unwritten laws that apply to the community, this research in the Office of CV. Aison Express and RG Fried Chicken Pekanbaru, while the population and sample are all parts related to this study, data sources used among other things, primary data, secondary data and tertiary data, data collection techniques with interviews and literature.From the results of research and discussion it can be concluded that, first, the application of the exoneration clause in the standard contract for the transportation of goods and services by CV Aison Express can be concluded that there is a discrepancy between the application of the standard clause in a standard agreement with the rules governing it, as stated in Article 18 of Law Number 8 of 1999 concerning Consumer Protection. The clauses in the standard contract for the carriage of goods and services made by CV Aison Express staff do not refer to the applicable rules but only follow agreements that have been used by other expeditions without reviewing each clause so that there is an exoneration clause in the agreement. So as not to achieve the objectives of the formulation of the standard agreement. Second, legal liability as a form of responsibility for the implementation of exoneration clauses in the transportation of goods and services agreement by CV Aison Express can be concluded that the realization of CV Aison Express's willingness not to bear the cost of losses incurred by the application of exoneration clauses that are not in accordance with applicable regulations. Not finding good faith CV Aison Express to give responsibility as a form of awareness of having made a mistake.Keywords: Implementation, Standard Agreement, Carrier.
ANALISIS YURIDIS KEWENANGAN HAKIM PRAPERADILAN DALAM PERINTAH PENETAPAN TERSANGKA BARU DITINJAU DARI HUKUM ACARA PIDANA INDONESIA Dino Setiawan; Zulfikar Jayakusuma; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Adding pretrial objects to the Constitutional Court's decision No. 21 / PUU-XII / 2014 is a form of refinement of the functions of pretrial institutions. One of them was the addition of the object of determining the suspect in the realm of pretrial, which should have been able to strengthen the protection of human rights from the forced efforts of law enforcers to seek legal certainty and justice. The order to determine the suspect by the judge in the decision Number 24 / Pid.Pra / 2018 / PN.Jkt.Sel until now is still a pros and cons because it is not included in the pretrial object as stated in Article 1 point 10 Junto 77 KUHAP or MK Decision No. . 21 / PUU-XII / 2014, so that judges are deemed to have left their authority. The purpose of writing this thesis, namely, First, to find out whether the judge has the authority to order the determination of suspects in pretrial decisions No. 24 / Pid.Pra / 2018 / PN.Jkt.Sel, Second, whether there are legal remedies that can be taken after the pretrial ruling Number 24 /Pid.Pra/2018/PN.Jkt.Sel about the order to determine a new suspect by the South Jakarta District Court, Third, How is the validity of the order to determine a new suspect by a pretrial judge in decision Number 24 / Pid.Pra / 2018 / PN.Jkt.Sel in terms of the Indonesian criminal justice system.This type of research can be classified in the type of normative juridical research, which is precisely research that studies how to synchronize law, because in this study the authors use literary legal materials or secondary data only as data in this study, data sources used, primary legal materials, materials secondary law and tertiary legal material.From the results of research and discussion of the problem there are three main things that can be concluded. First, the pretrial judge in decision Number 24 / Pid.Pra / 2018 / PN.Jkt.Sel must be guided by Article 1 point 10 of Junto 77 of the Criminal Procedure Code that the judge still does not have the authority to order the investigator to determine a suspect against a person. Second, after the pretrial verdict Number. 24 / Pid.Pra / 2018 / PN.Jkt.Sel it is possible to submit ordinary legal remedies and also extraordinary legal remedies for the reason that the pretrial proceedings are quick and simple. This was also strengthened after the issuance of Supreme Court Regulation (PERMA) Number 4 of 2016. Third, the order to determine suspects in a pretrial ruling Number. 24 / Pid.Pra / 2018 / PN.Jkt.Sel was a violation of the provisions stipulated by the law Number 8 of 1981 which becomes the guideline in the procedure for determining a suspect. Because, the judge ordered the determination of suspects who were not his authority. Then it can be said that the decision violates the concept of the justice system - the process of law.Keywords: Pretrial, Determination of the suspect, Due Process of Law.
ANALISIS HUKUM TERKAIT DEFINISI TERORISME BERDASARKAN UNDANG-UNDANG NOMOR 5 TAHUN 2018 TENTANG PEMBERANTASAN TINDAK PIDANA TERORISME Doni Wijaya Munte; Dessy Artina; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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One of the problems of the world, including those who oppose the Indonesian nation today, is the crime of terrorism. Terrorism as an extraordinary crime (extraordinary crime) that is still very difficult to handle. Terrorism is one of the best in the world and includes Indonesia. The world community ceaselessly condemns behavior that makes people afraid of trauma and fear. Terrorism is a form of crime that needs financial assistance and the need for weapons and explosives. With these characteristics it causes many difficulties in developing terrorism. In Law Number 5 of 2018 concerning Amendments to Law Number 13 of 2003 concerning the Establishment of Government Regulations in lieu of Law Number 1 of 2002 concerning Eradication of Terrorism Crimes in article 1 number (2) Fighting, Fighting, Fighting, Fighting , Fight, Fight, Fight, Fight, Fight, Fight, Fight, Fight, Fight, Fight, Protect, Fight Security. Which in this definition still causes a lot of interpretations and problematic phrases. This type of research is a normative legal research that uses literature studies in finding data. This research is descriptive in nature which tries to provide the data set by the researcher and the details of the existing debate. In selecting this research using qualitative data analysis which is intended to explain and assess the data that has been collected by the author. This lesson uses secondary data or scientific data that has been codified. The results of this study are explaining the theory of defining terrorism in the Law on Combating Criminal Acts of Terrorism which still involves many interpretations and phrases that are problematic in the definition of terrorism. How to overcome rigidity in society or enforce the law in terms of overcoming and eradicating criminal acts of terrorism. Because the unclear definition of terrorism that is needed can be distorted certain people who are not responsible which ones can not carry out terrorism into acts of terrorism as the definition of terrorism. Which must be issued This law must provide protection and security for everyone. Keywords: Legal Analysis - Related to the Definition - Law - Eradication of Terrorism Criminal Acts.