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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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PENERAPAN GOOD CORPORATE GOVERNANCE DALAM PENGELOLAAN YAYASAN DI KOTA PEKANBARU Wita Ananda Chikita; Firdaus Firdaus; Ulfia Hasanah
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

Foundation Law Number 16 Year 2001 regulates the existence of a Supervisory or Supervisory Agency in a Foundation, which is internal to the Foundation itself. Being able to run a foundation properly is certainly the success of the coaches, administrators and supervisors in carrying out their respective duties and authorities. Of course the coach plays a big role in the progress of a foundation, because apart from being the highest organ in the foundation, the coach also has a big enough task in the foundation. If the Management commits a violation and results in a loss for the Foundation, then the Trustee has the authority to follow up on the Management.This research uses a typology of sociological legal research or what is also called non-doctrinal legal research, which deals more specifically with legal effectiveness. In this study the authors use descriptive research characteristics, sociological legal research is research carried out directly in the location or in the field to obtain data to provide a complete and clear picture of the problem under study, this research was conducted at five foundations in Pekanbaru City, namely the Foundation. Ilham Orphanage, Ash-Showah Orphanage Foundation, Ar-Rahim Orphanage Foundation, Al-Akbar Orphanage Foundation, and Aisiyyah Orphanage Foundation. From this research, it was found that the implementation of Good Corporate Governance in the regulations regarding the establishment of a Foundation in Pekanbaru City, and how the implementation of Good Corporate Governance in the management of the Foundation in Pekanbaru CityThus, the realization of the implementation of GCG in the establishment of a foundation can be established in the manner stipulated by the Foundation Law. In Article 9 paragraph (1) it is stipulated that a foundation can be established by one or more persons by separating the assets of the founder as initial assets, this provision indicates that the establishment of a foundation is not based on an agreement, first it should be established in accordance with the principles of GCG and in accordance with The Foundation Law which regulates, furthermore, the implementation of GCG in the management of the foundation should be in accordance with the placement of the principles of balance in the Foundation starting from the roles of Foundation organs, and also the application of the Foundation's relationship to the parties, in avoiding conflicts that have often occurred in between the parties in it, as well as the placement of the burden of responsibility, according to the objectives of the foundation as stated in Article 1 paragraph (1) of Law Number 16 of 2001.Keywords: Implementation- Good Corporate Governance - foundation
PENYELESAIAAN PERKARA PIDANA MELALUI MEDIASI PENAL TERHADAP TINDAK PIDANA PENGANIAYAAN PADA MASYARAKAT ADAT DESA KUBU BALING-BALING KECAMATAN TAMBUSAI KABUPATEN ROKAN HULU Qudri, Al; Deliana, Evi; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Penal mediation is the settlement of cases outside the court, in Indonesia the settlement of cases outside the court or Alternative Dispute Resolution (ADR) is only known in the civil sphere, whereas for the criminal sphere the settlement is reached by proceeding through the court. The practice of settling criminal cases outside the cour,t so far has no formal legal basis, so there is often an informal case where there has been a peaceful settlement even though through the mechanism of traditional law, it is still processed in court according to national law.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 in the Central Tambusai region, Tambusai District, Rokan Hulu Regency. While the population and sample are Datuk Luhak Tambusai Customary Institution, Ninik Mamak Density of Luhak Tambusai Adat, Chief of Tambusai Luhak Sector Police and Perpetrators and Victims of Abuse in Luhak Tambusai Village.The conclusions that can be obtained from the results of the study are: First, the completion of criminal cases through Penal Mediation against criminal acts of persecution in the indigenous community of Kubu Baling Baling Village, Tambusai District, Rokan Hulu Regency, has not been implemented well. This is proven that, the perpetrators are still not fully with mamak ninik. The parties are still inclined to take the case to the litigation channel. The parties should be able to appreciate the existence of ninik mamak in settling criminal cases through Penal Mediation for criminal acts of persecution in the Kubu Baling Baling Indigenous Village community. The people around still don't realize the existence of customary law as an alternative in resolving cases that occur in the community. Second, the efforts to resolve criminal cases through mediation of penalties in order to reduce the occurrence of criminal acts of persecution in the indigenous communities of Kubu Baling Desa Tambusai District, Rokan Hulu Regency, among others, strengthening and empowering the role of ninik mamak, increasing cooperation with law enforcement officials, and empowering institutions custom.Keywords: Settlement, Criminal Case, Penal Mediation, Indigenous Peoples
PELAKSANAAN UPAYA PENCEGAHAN PENCEMARAN LAUT YANG DISEBABKAN LIMBAH KAPAL DI WILAYAH KEPULAUAN RIAU OLEH KESATUAN PENJAGAAN LAUT DAN PANTAI (KPLP) TANJUNGUBAN BERDASARKAN UNDANG-UNDANG NOMOR 17 TAHUN 2008 TENTANG PELAYARAN Bima Sakti Zalvadeora; Erdianto Effendi
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

Water pollution is a form of environmental pollution and one of the factors is the disposal of waste by ships at sea. The level of marine pollution in the Riau Islands Province is increasingly alarming. The Riau Islands Province Sea has been proven to be polluted by the presence of waste findings on the coast and the implementation of patrols by the authorities. But the difficulty of patrolling in the vast archipelago and directly bordering the neighboring country has made it difficult to enforce the law. Tanjung Uban Class II Sea and Coast Guard Unit as a law enforcement officer in terms of enforcement is still slow, due to the difficulty of conducting patrols and the lack of a patrol fleet. In addition, Riau Islands Province has an Office of the Environment and Forestry which has the duty as a supervisor and implementing law enforcement. The purpose of writing this thesis, namely First to find out how the implementation of prevention of marine pollution caused by ship waste by the Sea and Coast Guard Unit based on the Riau Islands region. Secondly, to find out the obstacles in preventing marine pollution caused by ship waste in the Riau Islands region. Third, to find out the efforts made to overcome obstacles in preventing sea pollution in the Riau Islands region.This type of research can be classified as sociological research. The research locations were the Department of Environment and Forestry of the Riau Islands Province and the Sea and Coast Guard Unit of Tanjung Uban Class II. Data sources used are primary data and secondary data. Data collection techniques are interviews, questionnaires and literature study. After the data collected is then analyzed qualitatively using the deductive method that is drawing conclusions from things that are general to things that are specific.Keywords : Prevention - Environmental Pollution - Sea Islands, Riau - Ship waste
TINJAUAN YURIDIS TERHADAP SANKSI PIDANA PENGGUNAAN TENAGA LISTRIK SECARA MELAWAN HUKUM DIKAITKAN DENGAN ASAS KEADILAN Gustin, Darti Weni; Erdianto, Erdianto; Tiaraputri, Adi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Article 51 paragraf 3 of law number 30 of 2009 states that, “every personwho uses electric power which is not legally entitled to imprisonment for amaximum of 7 years and a maximum fine of 2.5000.000.000,00”. Based on theprinciple of justice, inessence it is abstrac and relative. In criminal law, especiallyin a criminal ase, justice is very difficult to create because there are two partieswith different interests who demand justice. The judge in case number24/Pid.Sus/2015/PN.Slw sentenced him to 3 months imprisonment and a fine of 3million rupiah. 1670/Pid.B/2016/PN.Mks and was sentenced to only 6 monthsimprisonment, and case number 222/Pid.Sus/2015/PN.Skh was sentenced to only6 months imprisonment. Meanwhile the electricity he stole was not only for theuse of his own household but also forthe benefit of his own personal business,which had harmed the state and also the community. So that from the result of thisdecision, the purpose of the punishment was dettering the perpetratorwas notachieved.The purpose of this study was criminal sanctions for electricity crime basedon the perspective of the principle of justice and to find out the ideal conceptrelated to electricity crime. This research is structured using a normative juridicalresearch type, namely research focused on examining the application of the rulesor norms in positive law. The approach used in this research namely literaturelaw research.The results of the research from the author are that In accordance with theprinciple of justice that the sentence that should be imposed must be inaccordance with the governing law, not with a judge’s decision which gives reliefvery far from the law that has been enacted. The judge’s decision that was handeddown was so low that it did not cause a deterrent effect on the perpetrator so thatis possible that this incident will happen again in the future. Ideal concept isachieved in determining the decision in accordance with the law against thejudge’s decision, and the criminal punishment imposed on the defendant shouldbe in accordance with the regulated law, namely law number 30 of 2009concerning electricity.Keywords: Electricity theft – justice – criminal sanction
Penegakan Hukum Terhadap Pelaku Tindak Pidana Eksploitasi Anak Yang Dijadikan Pengemis Di Wilayah Hukum Kepolisian Resor Kota Pekanbaru Ramayana Ramayana; Emilda Firdaus; Elmayanti Elmayanti
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

Children are vulnerable to becoming victims in a crime. One of the crimes against children is the exploitation of children who are made beggars, where children are employed by begging on the streets. In the child protection law, it is clear that there are prohibitions and criminal sanctions against perpetrators who exploit children, but there are still many cases of exploitation of children not followed up by law enforcers. Law enforcers should take firm action against child exploiters who become beggars based on Law Number 35 of 2014 concerning Protection. The author's research objectives are: To find out the law enforcement against the offenders of child exploitation crimes that are used as beggars, and the factors that hinder the law enforcement of the perpetrators of child exploitation crimes that are used as beggars in the Kepolresta Pekanbaru legal area.In this study the authors use the method of sociological legal research that is research that wants to see the correlation between law and society, this study was conducted in the jurisdiction of the Pekanbaru police resort town, while the population and sample are all of the parties related to the problem under study, in this study the data source used are primary data sources, secondary data, and Tertiary Legal Materials, data collection techniques in this paper that is by conducting interviews and library research, and the authors analyze the data using deductive methods namely ways of thinking that draw conclusions from a statement or proposition that is general nature into a statement that is special.From the results of the author's research, it can be concluded that; first, law enforcement against child exploitation perpetrators who are beggars in the Pekanbaru city police jurisdiction is less effective because the perpetrators of child exploitation criminals who are used as beggars never process law. Second, the servant factors faced by the police in upholding the law are the lack of awareness and awareness of the law of the community, factors of law enforcement officials, facilities and infrastructure, culture and morals of the communityKeywords: Law Enforcement - Criminal Acts - Child Exploitation
TINJAUAN TENTANG KEABSAHAN PERKAWINAN TANPA WALI NASAB MENURUT KOMPILASI HUKUM ISLAM (KHI) Fitcanisa, Jenny Divia; Firdaus, Firdaus; Hasanah, Ulfia
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

Provisions regarding marriage guardians are based on the provisions of each religion and the beliefs of those who carry out the marriage. This is in accordance with Article 2 Paragraph (1) of Law Number 1 of 1974 concerning Marriage which states that a marriage is legal if carried out according to the law of each religion and belief. Whereas in Islamic law, guardians in marriage are "harmonious" meaning they must be present in marriage, without a guardian, the marriage is considered invalid. Therefore, the validity of marriage in Islam is highly determined by the marriage guardian, with the provisions of articles 21 and 23 of the Compilation of Islamic Law (KHI).This type of research is sociological legal research. Sociological law research is research conducted directly on site or in the field to obtain data to provide a complete and clear picture of the problem under study, this research was conducted at the Office of Religious Affairs in Bukit Raya District, Pekanbaru City. From the results of this study there are two things that can be concluded. First is the validity of a marriage without guardian nasab according to the Compilation of Islamic Law (KHI). Second, the consequences arising from marriage without guardians nasab.Therefore, couples who do marriages that are not in accordance with Article 4, Article 21 and Article 23 then the marriage is invalid so that it causes legal consequences. The author's advice, first, couples who want to get married should pay more attention to the existing rules for the validity of the couple's marriage. Secondly, the KUA must also be more careful and provide information about the pillars and the terms and consequences that arise if the pillars and conditions are not met with the couple who want to get married so that not many more people do not know the terms and conditions of the marriage JOM Fakultas Hukum Universitas Riau Volume VII Nomor 2 Juli - Desember 2020Keywords: Guardian Nasab-Marriage-Compilation of Islamic Law
PENEGAKAN HUKUM TERHADAP PENGECER MINYAK GORENG OPLOSAN DI WILAYAH HUKUM POLSEK SENAPELAN Pangestu, Aji Bagus; Effendi, Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

Cooking oil is one of the basic human needs as a means of processing food ingredients. Cooking oil as a frying material is very important and its needs are increasing. Now the cooking oil crisis is almost evenly distributed in almost all cities in the country which is one of the world's biggest producers of palm oil. With the condition of cooking oil prices soaring increasingly high, making a number of business people sell oplosan cooking oil. Oplosan cooking oil is very dangerous for human health because it has been damaged.This research is a sociological or empirical research which is a type of research that uses the assumptions of the community in searching for facts that occur in the field to answer an existing problem. This research was conducted in the jurisdiction of the Riau High Prosecutor's Office. While the population and sample are parties related to the problem examined in this study, the source of the data used, primary data, secondary data, and tertiary data. Data collection techniques in this study were interviews and literature review.From the results of the research that the author did, it can be concluded, first, law enforcement against circulation of mixed cooking oil is still not running as it should, there are still problems in law enforcement namely one of them is the lack of personnel from the Drug and Food Control Agency so that there is still a lot of mixed cooking oil in circulation among the people. Second, the obstacles and efforts in overcoming the circulation of cooking oil include the lies in the law itself, where the law has not been effective in dealing with the rise of mix cooking oil in the market. In addition, the obstacle in overcoming the circulation of mixed cooking oil lies in the lack of a system of coordination between law enforcement officers and the Food and Drug Monitoring Agency in handling cases of circulation of cooking oil in the community.Keywords: Law Enforcement - Cooking Oil - Oplosan
PENERAPAN UNDANG-UNDANG NOMOR 45 TAHUN 2009 TENTANG PERIKANAN TERHADAP PENYELUNDUPAN BIBIT LOBSTER DI PENGADILAN NEGERI TEMBILAHAN Erwin, Risto; Effendi, Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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The background of this research is that based on the decision of the Tembilahan District District Court judges against the perpetrators of criminal acts smuggling lobster seeds is not effective because the impact caused by the crime of smuggling lobster seeds is not comparable with the sentence given in accordance with article 88 of Law Number 45 of 2009 concerning amendments to Law Number 31 of 2004 concerning Fisheries, which is based on stating that everyone who with intentionally entering, issuing, procuring, distributing, and or maintaining fish that is detrimental to the community, fish cultivation, fish resources, and or environmental fish resources into and or out of the territory of the Republic of Indonesia fisheries management as referred to in article 16 paragraph (1), sentenced to a maximum imprisonment of 6 (six) years and a maximum fine of Rp. 1,500,000,000.00 (one billion five hundred million rupiah) but the judge only imposed the law of the defendant in prison for 1 (one) year and 8 (eight) months and a fine of Rp. 1,000,000,000.00 (one billion rupiah) provided that if the Defendant does not pay the fine, then it will be replaced with imprisonment for 3 (three) months. The purpose of this writing, namely; First, to find out the application of excuses for smuggling lobster seeds in the Tembilahan District Court, Second, to find out the reason for the judge to decide on the application of criminal sanctions against smuggling lobster seeds in the Tembilahan District Court.This type of research can be classified in the type of sociological juridical research, because in this study the authors directly conducted research at the place of study in order to provide a complete and clear picture of the problem under study, this research was conducted at Tembilahan District Court, while the population and sample were all parties relating to the problems examined in this study.From the results of the study that the application of the Law Nom to smuggling lobster seeds in the Tembilahan District Court that is ineffective and not in accordance with legal provisions where the act is very detrimental to the State and has the effect of damaging the natural ecosystem and contrary to article 88 of Law Number 45 of 2009 Regarding changes to Law Number 31 of 2004 concerning Fisheries.Keywords: Application - Smuggling - Lobster Seeds
Analisis Yuridis Penerapan Pasal 49 Kitab Undang – Undang Hukum Pidana Tentang Pembelaan Terpaksa Terhadap Tindak Pidana Kekerasan Seksual Dalam Putusan Nomor: 09/Pid.B/2013/PTR Gracela, Naomi; Deliana, Evi; Erdiansyah, Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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In everyday life there are many conflicts or problems, even leading to criminal acts. So in the prevention of criminal acts, the Republic of Indonesia established a regulation that contains legal sanctions against the perpetrators contained in Law Number 1 Year 1946 concerning the Criminal Code (hereinafter referred to as KUHP).In the Criminal Code, in the first book of Chapter III there are articles that regulate matters that abolish the punishment of a defendant. If a defendant gets things or circumstances that are stipulated in the articles of the Criminal Code concerned, those things or conditions are the reasons for releasing the defendant from punishment, one of which is an act taken by someone in protecting himself or another person from being punished. an emergency threat.This type of research can be classified as normative, this research is a study of legal principles related to juridical analysis of the application of article 49 of the criminal code on forced defense against criminal acts of sexual violence in decision number: 09/Pid.B/2013/PTR. Data sources are supported by secondary data sources which consist of 3 legal materials, namely: primary legal materials, secondary legal materials, tertiary legal materials. The data collection technique is literature review.From the research results it can be concluded that the application of article 49 of the criminal code on forced defense in criminal acts of sexual violence did not work properly.Keywords: Application of Article 49 of the Criminal Code - Forced Defense - Crime of Sexual Violence
GAGASAN KRIMINALISASI TERHADAP PELECEHAN SEKSUAL SECARA VERBAL DALAM PEMBAHARUAN HUKUM PIDANA DI INDONESIA Prihadi, Indah Aidina; Firdaus, Emilda; Ferawati, Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Sexual violence is a violation of human rights, crimes against human dignity, and forms of discrimination. One form of sexual violence is sexual harassment. Sexual harassment is the behavior of approaches related to unwanted sex, including requests for sex, and other behaviors that verbally or physically refer to sex. One of the problems regarding sexual harassment is verbal sexual abuse which is increasingly widespread considering there is no awareness of being able to reduce or ensnare perpetrators into a sentence.This type of research can be classified in normative legal research, namely legal research conducted by examining library materials. In this research, we focus on legal principles. Data collection techniques used in hormonal law research is a library research method that is utilizing the library as a means of collecting data, by studying books as reference material related to the problem to be examined.The conclusions that can be obtained from the results of the study are First, a clear and unequivocal arrangement does not yet exist against verbal sexual harassment in the renewal of criminal law in Indonesia. This is due to verbal or sexual abuse in the Criminal Code (KUHP) or other regulations that still do not regulate verbal sexual abuse or sexual abuse as a criminal act that occurs in the community. so the impact is also still there and law enforcement cannot yet be done. Second, the limitation on the criteria for verbal sexual harassment in criminal law reform in Indonesia still does not provide certainty related to the criteria for verbal sexual harassment. This can be seen in the Criminal Code (KUHP) and other regulations. When seen in the Criminal Code (KUHP), sexual harassment cannot be internalized. The Criminal Code (KUHP) only recognizes the term obscene deeds regulated in Articles 289-296 with the meaning of acts that violate decency, heinous acts and in lustKeywords: Ideas, Criminalization, Acts of Sexual Harassment, Verbals, Criminal Law Reform,

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