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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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Tanggung Jawab Perusahaan PT. Perkebunan Nusantara V Sei Buatan Terhadap Penerapan Corporate Social Responsibility (CSR) dalam Pencegahan Kebakaran Hutan di Kabupaten Siak Provinsi Riau Nabila, Khaifa; Firdaus, Firdaus; Fitriani, Riska
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

Indonesia defines CSR as a legal obligation, specifically regulated in laws thatoblige every company to implement CSR. As a legal obligation, companies must complywith the existing relus of the law without exception. CSR is a company to implement CSR.As legal obligation, companies must comply with the existing rules of the law withoutexception. CSR is a company obligation that must be implemented in accordance withArticle 74 of Law Number 40of 2007 concerning limited liability companies. Based ondata from the Riau Regional Disaster Management Agency (BPDB), it is known that inearly 2020 there were three regions that were already on alert status due to forest andland fires. The largest area that experienced forest and land fires is Siak District, with aburned area of more than 100 ha. These forest and land fires habe an impact on thedestruction of ecosystems and disruption of the activities and health of the surroundingcommunities where the forest and land fires occur. Prevention and control of land andforest fires is the responsibility of all elements of society, including companies in theplantation and agriculture sectors. One way is by implementing CSR in the prevention ofcorporate forest fires.This type of research used by the author is sociological legal research, which isstudy of the effectiveness of the current law. Sociological research is research that looksat law with society and is descsriptive in nature, which provides data about humans,conditions or other symptoms, so that it can help between knowing old theories o in rheframework o fcompiling new theories.The purpose of this research is to see whether the implementation of CorporateSosial Responsibility (CSR) by PT. Perkebunan Nusantara V Sei Artifical in preventingforest fires can minimize the rate of forest and land fires in Siak Regency in preventingforest fires can minimize the rate of forest and land fires in Siak Regency, Riau Province,and the implementation of corporate Sosia; Responciblity (CSR) by PT. PerkebunanNusantara V Sei Artificial is ready in accordance with legal regulations.Keywords: Corporate Sosial Responsibility- Responsibility- Forest Fire
IMPLEMENTASI PEMENUHAN HAK PENGURANGAN MASA PIDANA BAGI NARAPIDANA DI LEMBAGA PEMASYARAKATAN KELAS II A PEKANBARU BERDASARKAN UNDANG-UNDANG NOMOR 12 TAHUN 1995 TENTANG PEMASYARAKATAN Galingging, Winda Rosmauli Br; Effendi, Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

Remission is a motivation for prisoners to always behave well, and no less important is remission as a catalyst and one of the benchmarks of successful coaching in correctional institutions / detention. Reduction of the period of serving a criminal given to convicts and child criminals who meet the conditions specified in the legislation. This is as stated in Article 1 number 6 Government Regulation (PP) No.32 of 1999 concerning the Requirements and Procedures for the Implementation of the Rights of Prisoners. But in the service of granting the right to reduce the criminal period in prison is not well taken care of by authorized officials. Finally, many prisoners do not get their rights.This type of research is classified as sociological research, because in this study the author directly conducts research at the location or place in order to provide a complete and clear picture of the problem under study. This research was conducted at Class II A Penitentiary Pekanbaru , while the population and sample are all parties related to the problem examined in this study, the source of the data used, primary data, and secondary data, and tertiary data, the data collection techniques in this study were carried out by interview, and literature study.This study aims to find out how the implementation of the fulfillment of the right to reduce the criminal period for prisoners in Class II A Penitentiary Pekanbaru, what obstacles faced by the Penitentiary in implementing the fulfillment of the right to get a decent criminal period reduction for prisoners in Class II A Penitentiary Pekanbaru and efforts what is done by Class II A Penitentiary Pekanbaru in overcoming the inhibiting factors in fulfilling the right to reduce criminal periods for prisoners.Keywords: Compliance- Reduction of Criminal Period-Prisoners.
PENEGAKAN HUKUM TINDAK PIDANA DALAM PEMILIHAN KEPALA DAERAH BUPATI DAN WALIKOTA DI PROVINSI RIAU TAHUN 2017 Putra, Yogi Rahmadani; Indra, Mexsasai; Rahmadan, Davit
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Elections are a form of democracy, but in elections as a manifestation of democracy the regional head elections that took place in Riau Province in 2017 were accompanied by violations of the law, especially criminal law by using ballots more than once. In the judicial process, there are so many resolutions up to the Supreme Court, so that it becomes a manifestation of the failure of the district court in providing justice to the community.The formulation of the problems used in the writing of this thesis are: First, how is the criminal law enforcement of the Regional Head Election of Regents and Mayors in Riau Province in 2017. Second, Obstacles in law enforcement for the criminal act of Regional Head Election of Regent and Mayor in Riau Province in 2017. Third, Efforts to overcome barriers to law enforcement in the election of regional heads of regents and mayors in Riau Province in 2017. The type of research used in this research is sociological law research. Sources of data used in this study are primary legal materials, secondary legal materials and tertiary legal materials. The data collection technique was carried out by two methods, namely interviews and literature studies.From the results of the study, it was found that, first, in law enforcement the criminal act of the Regional Head Election of Regents and Mayors in Riau Province in 2017 carried out by an integrated law enforcement center in Riau Province was still ineffective because of the many cases handled there were only 9 (nine) cases that arrived at At the court level, as well as in the handling of disagreements, there are often disagreements that lead to debates between integrated law enforcement centers in determining cases of criminal violations in regional head elections. Second, obstacles to the enforcement of criminal law in the Regional Head Elections for Regents and Mayors in Riau Province in 2017, namely, Lack of coordination at the Gakkumdu center, a relatively short time limit in determining a criminal case for regional head elections, people who are less active in reporting violations of head elections area and the lack of facilities and infrastructure for the center of Gakkumdu. Third, efforts to overcome obstacles to law enforcement in the election of regional heads of regents and mayors in Riau Province in 2017, namely improving the quality of personnel, conducting socialization to the community, utilizing the available infrastructure.Keywords: Law Enforcement – Gakkumdu – Criminal Act on Election
IMPLEMENTASI PEMIDANAAN TERHADAP KORPORASI DALAM TINDAK PIDANA KORUPSI DI INDONESIA Melia Wulandari; Hayatul Ismi; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Indonesia as a country that adheres to the Continental European legal system, which is a legal system inherited from the Netherlands, has also implemented corporal punishment. However, even though Indonesia has embraced corporal punishment, until now there are still few corporations that are made as suspects or defendants in the process of law enforcement against corporations, especially in criminal acts of corruption.The purpose of this thesis, namely: first, To Know the Implementation of Corruption Against Corporations in Corruption in Indonesia. Second, To Know the Obstacles in the Implementation of Penalties Against Corporations in Corruption in Indonesia. This type of research is classified into a type of normative research. With the technique of collecting legal material sources in research carried out by identifying and inventorying primary legal materials, and collecting secondary, tertiary materials obtained through literature, which also ruled the cases sampled.From the results of the study, the reluctance of law enforcers to indict defendants as individuals and not corporations in criminal acts of corruption; because the punishment that the court will bring against the corporation may not be a death penalty or a prison sentence, even though this criminal sanction with sharp sanctions is expected to have a deterrent effect on the perpetrators and satisfy the sense of justice of the people who want the perpetrators to be imprisoned. Second, in proving to prove the "mistake" of the corporation in terms of the element of "against the law", law enforcers find it difficult to obtain theories or doctrines and legal basis regarding "mistakes" of corporations which have turned out to be conflicting among criminal law experts. It is different from theories or doctrines and the legal basis of the "mistakes" of individuals who in general criminal experts agree that only people can have the element of "error". The error of law enforcers proves that acts as an individual error in corporate criminal acts will result in the defendant in some of the above cases being broken free (vrijspraak) by the courtKeywords: Corruption - Corporations – Corruption
ANALISIS YURIDIS TERHADAP PUTUSAN PERKARA NOMOR 47/PID.B/2018/PN MANDAILING NATAL PADA KORBAN SALAH TANGKAP BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1981 TENTANG KITAB UNDANG-UNDANG HUKUM ACARA PIDANA Rangkuti, Nurul Ibda Aprilia; Indra, Mexsasai; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

One of the problems that occur in the Criminal Justice System is the violation of rights at one or all levels of examination. These violations can be in the form of procedural violations, administrative violations, personal violations of the suspect to serious violations such as the fabrication of witnesses and the fabrication of evidence of a case. If a suspect's information which is allegedly committed a criminal act is used as evidence for the investigator, it turns out that the acquisition is based on pressure or coercion that results in psychological and physical suffering and creates fear. Acquisition of information as evidence must be declared invalid because it may contain an engineered confession. Violations of procedures and misidentification of victims of criminal acts that still occur today are seen as a result of the weak professionalism of law enforcement officers. Cases of wrong procedures and wrong investigations can lead to errors in determining the culprit or what is often called a wrong arrest. This happened in Case Number 47 / Pid.B / 2018 / PN Mandailing Natal. The purpose of writing this thesis, namely: first, knowing juridical analysis of Decision Number 47 / Pid.B / 2018 / PN Mandailing Natal on victims of wrongful arrest based on Law Number 8 of 1981 concerning KUHAP. Second, knowing the basic analysis of judges' consideration of Case Decision Number 47 / Pid.B / 2018 / PN Mandailing Natal for victims of wrongful arrests under Law No. 8 of 1981 concerning KUHAP.The type of research used in this legal research is the normative juridical method. Therefore, it is used an analysis with a qualitative measure based on the substance of the data collection in drawing conclusions. In drawing conclusions the author uses the method of deductive thinking, which is a way of thinking that draws a conclusion from things that are general to things that are specific.From the results of research and discussion it can be concluded, first, the existence of law enforcement officers who are not professional in carrying out their duties in accordance with the provisions of Law No. 8 of 1981 concerning KUHAP. Second, the judge in deciding a criminal case must consider the formal requirements of evidence and regarding the strength of evidence the judge must see firsthand whether there is correspondence between one and another evidence, the judge should look at the facts that occur in the trial.Keywords: Criminal Justice System, Wrong Arrest, Decision
ANALISIS HUKUM TERHADAP FUNGSI SUPERVISI OLEH KOMISI PEMBERANTASAN KORUPSI DALAM PENEGAKAN HUKUM DI INDONESIA Restu, Teguh Amandia; Artina, Dessy; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Substantially, there is a common operational responsibility in terms of carrying out legal actions of investigation and prosecution of corruption perpetrators between the Corruption Eradication Commission and Police investigators. Weak Coordination and Supervision between lines of law enforcement, as well as problems in the implementation of duties and authority, making it possible to have blemishes and lack of accountability or lack of accountability as well as clarity in carrying out duties and authorities in eradicating criminal acts of corruption. This study aims to determine the function of Supervision by the Corruption Eradication Commission in law enforcement in Indonesia and to find out the ideal arrangement of the Supervision function in resolving cases of Corruption in Indonesia. This type of research used in this study is normative legal research. In this normative legal research, the writer conducts a research on law synchronization which starts from the existing law, by conducting an identification in advance of the legal principles that have been formulated in the legislation. The method used by the author in this research is through document study literature study, the type of research data are primary, secondary and tesier legal materials. Data Collection Techniques use normative legal research techniques (legal research) methods used are literature study or documentary studies. Literature study is a data collection technique by conducting a study of books, literature, notes and cases that occur based on the above problems. The task of supervision of the Corruption Eradication Commission has the authority to conduct supervision, research, or study of agencies that carry out their duties and authority relating to the Eradication of Corruption. Supervision is grouped into two types, namely general supervision and special supervision. General supervision of the Police and Attorney General is carried out simultaneously with the time of implementation of coordination. Whereas special supervision of cases handled by the prosecutor and the police is carried out at the request of the police or the prosecutor's office or at the initiative of the KPK based on the KPK leadership's consideration. Keywords: Criminal Action, Corruption, Supervision Function, Corruption Eradication Commission.
Sinkronisasi Kewenangan Kementerian Hukum dan Hak Asasi Manusia Berdasarkan Peraturan Menteri Hukum dan Hak Asasi Manusia Nomor 2 Tahun 2019 Tentang Penyelesaian Disharmoni Peraturan Perundang-undangan Melalui Mediasi Dikaitkan Dengan Kewenangan Judicial Review Mahkamah Agung Vinchia Yohana Retta Nadeak; Dessy Artina; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Minister of Law and Human Rights Regulation No. 2 of 2019 concerning Disharmony Settlement Laws and Regulations Through Mediation regulates the mediation process for disharmony of several regulations such as Ministerial Regulation; Regulation of Non-Ministerial Government Institutions; Regulations from Non-Structural Institutions; and Regional Regulations. Whereas if a regulation is in conflict with other regulations, then a judicial review can be conducted to the Supreme Court and this has been stipulated in the 1945 Constitution where the 1945 Constitution is the highest statutory regulation and there is no lower statutory regulation that can override the provisions The 1945 Constitution.This type of research can be classified as a type of normative research. In this study, the focus is to examine the level of synchronization of law and the principle of law, namely the principle of lex superior derogate legi inferior. Source of data used secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials, data collection techniques in this study with the literature review method, after the data collected and then analyzed to draw conclusions.From the results of research and discussion, it can be concluded that, First, the authority of the Ministry of law and human rights in completing the disharmony of laws and regulations based on Minister of Law and Human Rights Regulation No. 2 of 2019 is something that violates higher legal norms or norms. Because the 1945 Constitution which gives the authority to examine the legislation under the law against the law is to the Supreme Court and not to other institutions. Second, the Supreme Court should conduct a judicial review in which the ideal concept of authority is regulated in the 1945 Constitution and not the Ministry of Law and Human Rights. If you want to test the statutory regulations, then the laws and regulations must be made in the form of laws.Keywords: Disharmony of Laws and Regulations-Judicial Review.
AKIBAT HUKUM HAK ASUH ANAK TERHADAP PERCERAIAN KARNA MURTAD DI PENGADILAN AGAMA PEKANBARU Azhimy, Rais; Ismi, Hayatul; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Nowadays, child custody is often a problem before or after divorce. In fact, it is not uncommon for ex-husbands and ex-wives to struggle to get custody of their children, because children are the hope of parents who are difficult to separate. The child is the party who is disadvantaged by the divorce of both parents. The child loses the love that is needed completely from both parents, there is no child who only wants to get love from his father or mother, besides that income and education are also not free from the role of parents. The best condition for children is if the child is in the care of both parents, because good care and care as well as optimal attention from both of them will build physically and psychologically and prepare the child carefully to live life.The problems that the authors make the basis of in this study are what are the consequences of child custody law due to divorce due to apostasy and what are the children's rights that must be fulfilled when a divorce occurs due to apostasy parents.This type of research used by the author is sociological legal research, which is also called doctrinal legal research. This normative research is a study that discusses the principles of law, legal systematics, the level of legal synchronization, legal history and legal comparisons. From this sociological legal research, the author is interested in conducting research using legal systematic criteria.The results of this study are the first in the PA decision no. 1366 / Pdt.G / 2018 / Pa.Pbr the judge decided the case based on Article 116 letter (h), namely divorce can occur because one of the parties has changed religions or an apostate,in this case there is no discussion of child custody, child custody according to the author given to the mother because at the time of the divorce process the child wasunderage, in the compilation of Islamic law it is known as the right of haddnah, namely custody of minors given to the mother, both as stated in article 41 of Law No.1 of 1974 concerning marriage are known There are several consequences of breaking a marriage bond due to divorce, including: A divorced father and mother are still obliged to care for and educate their children, based purely on the needs of the child. If there is a dispute about child mastery. then the court has the right to give its decision. The father is the party responsible for all the costs of maintaining and educating the child. If it turns out that the father is not able to fulfill this obligation, the court will determine that the mother is also responsible for the costs. The court can require the ex-husband to provide living expenses and or determine the obligations of the ex-wife.Keywords: Divorce, Marriage, Child Custody
ANALISIS HUKUM PIDANA MATERIL DAN FORMIL TERHADAP PEMBERANTASAN TINDAK PIDANA PENCUCIAN UANG DI INDONESIA Adhelfy Prabas; Zulfikar Jayakusuma; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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In the concept of the rule of law, everything that is contrary to applicable rules must be held accountable, especially when it comes to money laundering. Some of the problems that are still deeply attached to money laundering include the meaning of the crime itself, then related to the perpetrators and the issue of accountability as well as sanctions given by law enforcement officials in combating money laundering. As for the purpose of writing this thesis, namely: First, to find out the extent of the enactment of material and formal criminal law against the eradication of money laundering in Indonesia, Second, to find out what are the efforts made to eradicate the crime of money laundering in IndonesiaThis type of research is normative juridical research, namely research conducted by examining secondary legal materials or research based on standard rules that have been recorded and discussing the principles of law and synchronizing the law. Data sources used in this study are primary data, secondary data and tertiary data.From the results of this study it can be concluded that in analyzing material and formal criminal law against eradicating money laundering, there are still some weaknesses so that it is not yet maximized in its implications. First, by emphasizing that there should be a re-harmonization or revision of the money laundering law which still has some shortcomings or gaps in its application. So with that case can produce a good legal product. Second, by strengthening regulations, increasing the reference standards of financial institutions,Keywords: Analysis – Eradiction - Money Laundering
TINJAUAN YURIDIS TERHADAP PIDANA UANG PENGGANTI UNTUK PENGEMBALIAN KERUGIAN NEGARA DALAM PUTUSAN PERKARA NOMOR:01/PID.SUS-TPK/2018/PN.PDG Husna, Rahmatul; Artina, Dessy; Rahmadan, Davit
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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In the Criminal Act Article 18 paragraph (1) of Law Number 3 of 1999 concerning Eradication of Criminal Acts. In general, there are still many who question the issue of collecting money, one of which is the criminal prosecution of corruption together. The judge dropped the loan of money to the defendant. The purpose of this thesis discussion, namely: First, understand money arrangements for corruption. Second, to find out the juridical decision on spending money on state spending for case decisions Number: 01 / Pid.Sus-TPK / 2018 / PN.Pdg.This type of research is normative legal research. This study is more specific to the principle research on the court's decision by reviewing, analyzing and analyzing various related literature which also discusses interviews with Kasubsi Extraordinary Efforts and Execution of the Special Crimes of the Padang District Attorney.From the results of the research conducted, it can be concluded, First, the criminal arrangement of substitute money is regulated in Article 18 paragraph (1) letter b of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning Eradication of Corruption. The compensation payment mechanism is regulated in the Supreme Court Regulation No. 5 of 2014 concerning Supplementary Criminal Money in Corruption Crime. While the process of billing and convicted person pays for the replacement money, the mechanism for payment of the replacement money is based on the decision of the Attorney General Number: Kep-518 / JA / 11/2001 dated November 1, 2001. the mistake and the role of the defendant so that they have not been able to apply justice, expediency and great proportionality to the community or to the defendant, in accordance with the objectives of the conviction.Author's Suggestions, First, the Judge should consider the facts that have been revealed in court so as to provide justice by providing appropriate and proportionate sanctions to the accused to provide justice for the perpetrators and victims. Second, in imposing a criminal sentence on the defendant, the Judge should pay attention to the benefits of the criminal sanction.Keywords: Judicial Review-Criminal Replacement Money

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