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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
 157   158   159   160   161 
PENEGAKAN HUKUM TERHADAP PENOLAKAN MATA UANG LOGAM RUPIAH SEBAGAI ALAT TRANSAKSI PEMBAYARAN MENURUT PASAL 33 AYAT (2) UNDANG-UNDANNG NOMOR 7 TAHUN 2011 TENTANG MATA UANG DI KECAMATAN KATEMAN KABUPATEN INDRAGIRI HILIR Hamdani, Revky; Artina, Dessy; Ferawati, Ferawati
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

Paper Rupiah and Metal Rupiah are the valid currency of the Republic of Indonesia in conducting payment transactions, based on Article 23 paragraph (1) of Law Number 7 of 2011 concerning Currency states that: or to settle obligations that must be fulfilled with Rupiah and / or no other financial transactions in the Territory of the Unitary Republic of Indonesia, unless there are doubts about the authenticity of the Rupiah.In Law No. 7 of 2011 on the Currency which is lex on the draft Criminal Code has been set up with clear that whoever the financial transaction in the territory of the Republic of Indonesia (Homeland) must use the rupiah, either in the form of fractional banknotes or coins. Thus, there is no reason for the public to reject rupiah coins as a means of buying and selling transactions. In Law Number 7 of 2011 concerning Currency which is the lex specialis of the Criminal Code Act has clearly stipulated that anyone who transacts financially in the territory of the Unitary Republic of Indonesia (NKRI) must use rupiah, both in the form of banknotes and coins. Thus, there is no reason for the public to reject rupiah coins as a means of buying and selling transactions.This research uses the typology of sociological legal research or also called non-doctrinal legal research, which is more specifically about the effectiveness of law. In this study the author uses the nature of descriptive research, because the author illustrates how law enforcement against the refusal of the Rupiah metal currency as a means of payment transactions according to Article 33 paragraph (2) of Law Number 7 of 2011 concerning Currency in the Kateman District of Indragiri Hilir Regency and to find out the inhibiting factors of law enforcement against the refusal of coins in Kateman Subdistrict, Indragiri Hilir Regency, and find out what solutions can be done to overcome barriers to law enforcement against denial of coins in Kateman Subdistrict, Indragiri Hilir Regency.The results of research conducted by the author are, firstly the implementation of how law enforcement is against rejection of coins, and provides the best solution so that the factors of law enforcement against rejection of the law are carried out according to what the writer and the public expect Keywords: Law enforcement - denial of coins
TINJAUAN YURIDIS PENYELESAIAN PERKARA KEPAILITAN ANTARA PT. MIMI KIDS GARMINDO DENGAN BANK NUSANTARA PARAHYANGAN Alifya, Santri; Ismi, Hayatul; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Bankruptcy is a general confiscation of all the assets of a Bankrupt debtor whose management and settlement is carried out by a curator under the supervision of the Supervising Judge as regulated in the Bankruptcy Act. Provisions on simple proof as stipulated in the Bankruptcy Act are very concise and are not supported by a series of provisions and other explanations in the rule that contain clear characteristics of simple evidences especially about what must be proven in simple evidencesThis type of research can be classified in normative legal research, namely legal research conducted by researching library materials. This study examines the subject matter in accordance with the scope and identification of the problem through a statute approach carried out by examining the laws and regulations that relate to the legal issue under study. In this study the authors conducted a study of the principles of law by utilizing descriptive methods. Data collection techniques used in the Normative Legal Research are library research methods (library research) which uses the library as a means of collecting data, by studying books as reference material related to the problems to be studied.The conclusion that can be obtained from the results of the study is the Settlement of bankruptcy cases between PT. Mimi Kids Garmindo with Bank Nusantara Parahyangan based on Decision Number 146 / Pdt.Sus-PKPU / 2017 / PN.Niaga. Jkt. PST still has not provided legal certainty. the requirement to file for bankruptcy is the lawmakers' negligence in formulating Article 2 paragraph (1), in the absence of a “unable to pay” requirement, the creditor can easily submit a request for bankruptcy statements without having to prove that the company is unable or insolvent. Proof of regulation in the case of PKPU in Act Number 37 of 2004 Concerning Bankruptcy and Delaying Obligations of Debt Payment is not as simple as intended in Article 8 paragraph (4) of the Bankruptcy Law. It is still often found in debtor bankrupt trials that have been proven to have more than two creditors and one of the debts has fallen into disrepair, but cannot be bankrupt on the pretext that debtors' debts are complicated debts and are not the authority of the Commercial Court because the principal the dispute must be proven in the District Court.Keywords: Juridical Review, Settlement, Bankruptcy Case,
PELAKSANAAN PERJANJIAN BAGI HASIL ANTARA PEMILIK TANAH DENGAN DEVELOPER PERUMAHAN CAHAYA BUDI PERMAI DI KOTA PEKANBARU Siregar, Abdu Haikal; Bachtiar, Maryati; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

As you can see, the community has made lending and borrowing activities something that is very much needed to support the development of their economic activities and to improve their standard of living. Lenders who have excess money or excess funds are willing to provide loans to those who need it. On the other hand, the borrower is based on a specific need or purpose to borrow the money.The problem that the writer makes the basis of this research is how the implementation of the transfer of mortgage rights at PT. Bank Rakyat Indonesia branch of Duri Desa Sintong Pusaka, Tanah Putih Subdistrict, What are the factors that caused the transfer of underhand mortgage rights at PT. Bank Rakyat Indonesia, branch of Duri Desa Sintong Pusaka, Tanah Putih Subdistrict and, What are the legal consequences arising from the Underhand Transfer of Mortgage Rights.This type of research can be classified into the type of empirical or sociological research, because in this study the author directly conducts research at the location or place under study in order to provide a complete and clear picture of the problem under study. This research was conducted at PT. Bank Rakyat Indonesia, data sources used are: primary data and secondary data, data collection techniques in this study with observation, interviews and literature review.The results of this study are first. The implementation of the transfer of security rights must be carried out in accordance with Law Number 4 of 1996 concerning Mortgage Rights that the transfer can be carried out if the creditor knows and the transfer must be registered at the land office and must have a deed of transfer of mortgage rights, the two factors causing the transfer of Mortgage Rights are below hands are: Economic factors, Unable to make repayments, Ignorance of applicable rules, The amount of costs to be incurred, Looking for more profit. And thirdly, the legal consequences arising from the transfer of mortgage rights under the hand according to Article 11 paragraph 1 of the Mortgage Rights Law states that the transfer must include the names and identities of the parties and their domicile, while the transfer under the hands does not state this so the legal consequences arise. is null and void because the provisions of the article are compelling.Keywords: Mortgage, Debtor, Creditors
PELAKSANAAN PEMBERIAN BANTUAN HUKUM TERHADAP ANAK PELAKU TINDAK PIDANA PADA TINGKAT PENYIDIKAN DI KEPOLISIAN RESOR KOTA PEKANBARU LESTARI, WIWIT; Artina, Dessy; Ferawati, Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Efforts to protect children must be started as early as possible, so that one day they can participate optimally for the development of the nation and state, one way that can be done to provide protection for children is by providing legal assistance to children who commit criminal acts. The implementation of providing legal aid is basically a process when the investigator conducts an investigation process, and the investigator notifies the suspect's right to get assistance at the beginning of the examination in accordance with applicable regulations. Therefore, the purpose of this thesis is: first, to find out the implementation of providing legal assistance to child perpetrators of crime at the level of investigation in the Pekanbaru City Police Force; Secondly, to find out the legal consequences of not providing legal assistance to child offenders at the level of investigation at the Pekanbaru City Police Department.This type of research used in this study is the sociological law meaning research obtained directly from the community or primary data research. Sources of data used, namely: primary data, secondary data and tertiary data. Data collection techniques, namely interviews and literature studies, as well as this study were analyzed using qualitative analysis.The conclusion that can be obtained from the results of the first research, the implementation of providing legal assistance to children perpetrators of crime at the level of investigation in Pekanbaru City Police in practice has not been carried out properly, not in accordance with the mandate of Article 114 of the Criminal Procedure Code and the mandate of the Law Law of the Republic of Indonesia Number 11 Year 2012 Child Criminal Justice System that that every child who commits a crime at every level of the examination must be given legal assistance. Secondly, due to the law not providing legal assistance to children who commit criminal acts at the level of investigation in the Pekanbaru City Police Department is causing defects in the enforcement of the criminal procedure law. Suggestions are expected for the future in handling criminal cases committed by children as investigators are expected to have interest, attention, dedication, and understand the problems of children. Providing legal assistance needs to be carried out in addition to complying with the mandate of the law also considering that children are not adults who have been able to take responsibility for their actions and conduct socialization regarding legal assistance to children who commit crimes, so that all communities and especially parents know that convicted children have the right to get free legal assistance.Keywords: Providing Legal Aid - Perpetrators of Crimes-Pekanbaru
IMPLEMENTASI SURAT EDARAN JAKSA AGUNG NOMOR: B-113/F/FD.1/05/2010 DALAM PENYELESAIAN TINDAK PIDANA KORUPSI DENGAN KERUGIAN NEGARA YANG KECIL OLEH KEJAKSAAN TINGGI RIAU. Arrasid, Sandi Ersya; Deliana, Evi; Rahmadan, Davit
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Corruption is a serious crime, then the effort to eradicate corruption needs to be done seriously, and continuously. Settlement of corruption cases based on the Attorney General's Circular Letter Number B-113 / F / Fd.1 / 05/2010 uses the concept of restorative justice by prioritizing the return of state financial losses in cases of corruption with small losses. The purpose of this research are: first, to find out how to resolve corruption with small losses using the Attorney General Circular Letter Number: B-113 / F / Fd.1 / 05/2010 based on the concept of restorative justice in the Riau High Prosecutor's Office, second, to know the obstacles in the implementation of the Attorney General's Circular Letter.This type of research can be classified in the type of sociological research, namely direct research at or the place under study. This research was conducted at the Riau High Prosecutor's Office, while the population and sample were parties related to the problem examined in this study, the source of the data used were primary data and secondary data, the data collection methods in this study were interviews and library research.From the results of the research problem there are two main things that can be concluded. First, the settlement of corruption with a small state loss based on the Attorney General's Circular Letter. The method of resolution is carried out by the prosecutor by issuing a Notification of the Progress of Investigation A2 (cases cannot be upgraded to an investigation), an Order to Stop an Investigation (SP3), and a P-26 Termination of Prosecution (SKPP) Decree. Second, the obstacles in the application of the Attorney General's Circular Letter Numberboth external and internal obstacles, such as irreversible state losses, non-cooperative perpetrator, legal position of Attorney General's Circular Letter, absence of determination loss limits in Attorney General's Circular Letter, and the prosecutor's bureaucratic structure that is nuanced by the command. The author's suggestion, first, the prosecutor's office should prioritize the concept of restorative justice in handling corruption cases with a small state loss. Second, special legislation is made regarding restorative justice in order to provide legal certainty.Keywords: Corruption Crime – Restorative Justice - Attorney General's CircularLetter
IMPLEMENTASI WEWENANG INTELIJEN PADA PROSES PENYELIDIKAN DUGAAN TINDAK PIDANA KORUPSI DALAM RANGKA PENEGAKAN HUKUM OLEH KEJAKSAAN NEGERI BENGKALIS Prasetyo, Aditya Try; Indra, Mexsasai; Erdiansyah, Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

One of the efforts of law enforcement in a criminal corruption is to do with the process of investigation which is the stage of preparation or one of the earliest stages. For it to help the process of the investigation, then established the intelligence agency in every country in the world, including Indonesia. Intelligence in law enforcement in Indonesia is divided into 5, namely the State Intelligence Agency, the intelligence of the Indonesian National Army, the intelligence Police of the Republic of Indonesia, the intelligence Prosecutor's office of the Republic of Indonesia, and intelligence ministries/government agencies non ministry. In fact the various regulations governing the eradication of criminal acts of corruption that have been made as well as the establishment of institutions to eradicate criminal acts of corruption still have not been able to eradicate corruption thoroughly.This study uses a typology of legal research of the sociological or legal research non-doctrinal, which is specifically discuss about the effectiveness of the law. In this study the author uses the descriptive research, because the author describes how the Implementation of the Implementation of the Authority of the Intelligence Prosecutor's office On the Process of Investigation of Alleged Corruption In Order to Law Enforcement By the State Attorney Bengkalis.The results of the research the author is, the first implementation of the implementation of the authority of the intelligence in the investigation of suspected criminal acts of corruption. Intelligence's duties and authority in collecting data and evidence whether the case belongs to the criminal event or not. And hopefully with the efforts made in exposing the alleged corruption case then it was expected no more or no addition of the numbers from year to year. And the implementation of the authority of the intelligence Prosecutor's office on the investigation of alleged corruption in order to law enforcement by the State Attorney Bengkalis is to collect data with a variety of ways to can be used as evidence about whether or not has occurred a criminal offence of corruption where the next evidence was submitted to the leaders or interested parties to the decision-making.Keywords: Implementation - intelligence authority - alleged corruption
IMPLEMENTASI PRINSIP COMMON BUT DIFFERENTIATED RESPONSIBILITIES SEKTOR PERKEBUNAN DALAM MITIGASI PERUBAHAN IKLIM DI INDONESIA Sitompul, Melani Aronica Maya Sari Br.; Jayakusuma, Zulfikar; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Indonesia ratified the Climate Change Convention with Law Number 6 of 1994 and Kyoto Protocol with Law Number 17 of 2004, so that Indonesia continues to participate to minimize Greenhouse Gases. The Climate Change Convention adopts several important principles in climate change mitigation policy efforts. One of the principles adopted in this convention is the principle of Common but Differentiated Responsibilities (CBDR) or other terms Joint but Different Responsibilities. Where Indonesia as one of the countries included in the category of developing countries legally does not have the obligation to reduce emissions, because in the provisions of the Kyoto Protocol, developing countries are not required to reduce emissions. However, even though the Indonesian State does not have the obligation to reduce its emissions, it must still participate in maintaining its emissions not to increase. Indonesia's commitment to reduce greenhouse gas (GHG) emissions by 29% under Business as Usual (BAU) in 2030 and up to 41% with international assistance.This type of research can be classified as normative juridical research, because this research is carried out by examining library materials or secondary data, so that it can be called normative legal research or library law research.From the results of the study, the international aid commitments in the form of financial assistance and technological assistance. As well as commitments from Indonesia in the form of making national regulatory policies, budgeting, and making climate change program strategies. However, despite the commitment of both Indonesia and the Climate Change Convention, it still has obstacles, namely, First, the rate of deforestation continues to increase. Second, there are policy differences between the climate change conventions and the Indonesian government. Third, the weak moratorium on forest areas and oil palm plantations. And Fourth, there are overlapping permits for the opening of oil palm plantations which occur every year.Keywords: Climate Change-Mitigation-CBDR-Oil Palm Plantations
KEDUDUKAN ANAK DALAM AKTIFIITAS POLITIK BERDASARKAN PERATURAN PERUNDANG-UNDANGAN DI INDONESIA Hendri, Melani; Artina, Dessy; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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The involvement of children in political campaigns is a violation of children's rights in accordance with law number 35 of 2014 concerning child protection. However, in the concept of a democratic state, everyone has the right to participate in government. The non-uniformity of laws and regulations regarding the age limit of children results in clashing with one another. This of course creates legal uncertainty for children and confusion in the community regarding which rules must be obeyed.The type of research used in this legal research is the normative juridical method, with a study of legal principles, namely the principle of legal certainty. Research is descriptive in nature, which is a study that aims to make a clear and detailed description of the problem. The data source used is secondary data. The data collection technique used in this study was the literature review method after the data was collected and then analyzed to draw conclusions.From the results of research and discussion it is known that, firstly, there is no uniformity of laws and regulations regarding child age limits, so a uniformity of laws and regulations is needed, secondly, harmonization is expected to pay attention to principles, content material and hierarchy so that a legal rule reflects harmony and suitability. with other national laws and regulations, third, the government needs to make legal reforms by revising laws and regulations as an effort to uniform the age limit of children in Indonesia.Keywords: Child- Political Activity – Laws And Regulations
PELELANGAN OBJEK PERJANJIAN GADAI EMAS ANTARA NASABAH DENGAN BANK BRI SYARIAH CABANG PEKANBARU Rahmanila, Rahmanila; Bachtiar, Maryati; Dasrol, Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Gold Pawn is one of the BRI Syariah Syariah products which is included in thecategory of financing based on al-qardh (giving), the funds must be returned by the customerto the bank at the same time or in installments up to the due date and implemented byapplying the prudent bankking principle ) as well as the principle of getting to knowcustomers (know customers). In practice, in the procedure for settlement of collateral itemsdue at BRI Syariah Bank, contact the Customers whose loan maturity is due, the 4th day afterthe maturity of the loan. Purpose Writing this thesis, namely: First, to find out the procedurefor auctioning the object of the gold pawning agreement between customers and BRI SyariahBank Pekanbaru Branch. Second, to find out the legal protection of customers auctioning theobject of the gold pawning agreement at BRI Syariah Bank Pekanbaru Branch.This type of research can be classified as a type of sociological legal research,because in this study the authors directly conduct research on the location or places that arestudied to provide a complete and clear picture of the problem under study. This researchwas conducted at BRI Syariah Bank Pekanbaru Branch, while the population and samplewere all sections related to this research, the data sources used were primary data,secondary data and tertiary data, data collection techniques, namely interviews andliterature studies.From the results of research and discussion it can be concluded that, in the goldauction procedure at PT. BRI Syariah Bank Pekanbaru Branch has not used Minister ofFinance Regulation No. 93 /PMK.06/2010 concerning Bidding Implementation Guidelines.The bank still uses the guidelines for conducting auctions made by the directors of PT. BankBRI Syariah Pusat. Which in Article 2 of the PMK 2010 states that: Every auction must becarried out by and / or in front of the Auction Officer. The legal protection of customers asconsumers is listed in the Civil Code in Article 1155 which states that collateral itemsauctioned will be auctioned before the public and in accordance with applicable regulationsso as not to cause harm to customers.Keywords: Auction of Gold Pawn Agreement Objects at BRI Syariah Bank.
TINJAUAN YURIDIS PEMBERIAN REMISI TERHADAP NARAPIDANA TINDAK PIDANA PENCUCIAN UANG DIKAITKAN DENGAN TUJUAN PEMIDANAAN Oktaviani, Dwi Putri; Rahmadan, Davit; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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The law of its essence is human interest, which is a guideline on how it is fitting for people to do. The negotiation law consists of norms containing negotiations and prohibitions (by the legislators) that have been approved by one of the negotiations which includes negotiations, i.e. negotiations that are specifically related. Punishment is derived from the word legal basis, it can be interpreted as the law for deciding on the law (berechten). Violators of the law are no longer called criminals, are returned as people who are lost, who are fostered in correctional institutions that are issued and are free from their apostasy. Correctional institutions must create a place that commits a crime, repent and good again, because this is a correctional institution in fostering prison residents. Correctional citizens are essentially the same as the community and Indonesian citizens in general who have rights that must be supported. One of the rights that must be protected is the right to remission. Article 14 paragraph (1) letter i of Law Number 12 of 1995 concerning Correctional Facilities which defines one of the prisoners' rights is to obtain a future result (remission). Scientific writing is aimed at: first, to find out how the provisions for granting remissions to convicted money laundering criminals if related to criminal purposes. Second, the ideal provision of remission for convicted money laundering criminals. This type of research used in this study is normative legal research or can be referred to as doctrinal law research. In this normative research, law is conceptualized as what is written in the legislation (law in books) or law is conceptualized as a rule or norm which is a benchmark of human behavior that is considered appropriate. In this normative legal research the writer conducts a research on the level of synchronization of the law, by examining the legislation vertically to reveal the reality, to what extent certain laws are harmonious and the scope is different legislation, which regulates the sphere of life certain (same). From the results of this study it can be concluded that the granting of remission is the right of every fostered citizen in the correctional institution which is the right of every prisoner who has fulfilled the provisions as regulated in the applicable laws and regulations so as to be able to motivate every prisoner serving sentence at the correctional facility.Keywords: Remission, Asset Return, Criminal Purpose

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