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INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 2,579 Documents
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TANGGUNG JAWAB NEGARA TERHADAP JAMINAN PELAYANAN KESEHATAN DALAM PERSPEKTIF HAK ASASI MANUSIA Mardhatillah, Wulan; Firdaus, Emilda; Deliana, Evi
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

Law Number 36 of 2009 concerning health indicates that every individual,family and community has the right to obtain protection for their health, and thestate is responsible for regulating the fulfillment of the right to live healthily forits inhabitants including for the poor who cannot afford it. Efforts to realize thisright, the government must provide health services that are equitable, fair andaffordable for all levels of society. For this reason, the government needs to makeefforts to ensure equitable access for all citizens to obtain health services. Article52 of the Presidential Decree paragraph (1) letter r excludes the public fromreceiving health services due to criminal acts of persecution, sexual violence,victims of terrorism, and criminal acts of trafficking in persons.This research will be compiled using the juridical normative type ofresearch, which is research that is focused on examining the application of normsin positive law. The approach used in this research is to use a normativeapproach, namely literature law research.The results of the research conducted by the author are, first to find outhow legal protection and state responsibility in the context of protecting humanrights and to get the right to health services for the community is part of theimplementation of protection of human rights, then to know the legal ideas onhealth rights. Citizens have the right to guarantee good health services, andprioritize the safety or life of patients without first paying attention to the causeand effect of why the victim becomes sick, and presidential regulations or othergovernment regulations do not make an exception to which victims have the rightto be accepted when they want to seek treatment.Keywords: State Responsibility - Health Services
ANALISIS YURIDIS TERHADAP SISTEM PEMBUKTIAN PADA KEJAHATAN PERETASAN SITUS WEBSITE Ardiansyah, Ardiansyah; Deliana, Evi; Erdiansyah, Erdiansyah
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

The crime of website hacking is already a widespread crime in Indonesia. Crime of website hacking is a type of crime that is difficult to detect. Unlike ordinary conventional crimes, crime victims generally do not realize that they have become victims, they generally do not report because they think that the existing law has not ensnared the perpetrators, the lack of knowledge of the legal apparatus regarding technological developments so that they are less able to anticipate the development of these crimes, also because they assume proving that a crime has occurred in front of the court is very difficult. The perpetrators of hacking website hacking there are charged with the applicable law, even though in reality there is no specific article governing the crime of hacking on the website. There should be a more specific regulation regarding the evidence system for hacking website mebsite crime because Indonesia is a country that adheres to the principle of legality, if a crime occurs then it will be seen whether there are legal provisions that govern it and whether the existing rules can be enforced. Based on this understanding, the authors identify two problem formulations, First how the type of modus operandi in website hacking crimes is rife in Indonesia. Second, how is the weakness of the evidentiary system in the crime of hacking websites in Indonesia.This type of research can be classified in normative juridical research, because this research is conducted by examining secondary data and approaches to law, this normative research examines the principles of legal principles of law. The data sources used are, primary data, secondary data, tertiary data, data collection techniques in this study are normative juridical, the data used is library research.Based on the results of research and problems in this study is the modus operandi of the crimes of hackers that is to find the target computer system that is about to be entered, then infiltrate and tap the password, and the last is exploring the computer system. Weaknesses in the system of proving hacking websites can be seen from the legal instruments which are one of the obstacles in proving the crime. This can be felt as if the crimes committed by law enforcers are not ready or even unable (technological stuttering) to investigate the perpetrators and the evidence used in connection with this form of crime is difficult to detect. In general, investigators are still very minimal in mastering computer operations and understanding of computers as well as the ability to conduct investigations of these cases.Keywords: Cyber Crime, Proof System, Website Hacking Website
PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA PELECEHAN SEKSUAL PADA ANAK DI KEPOLISIAN RESOR ROKAN HILIR Caryn, Caryn; Effendi, Erdianto; Elmayanti, Elmayanti
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

Article 76 E of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection states that the criminal act of sexual abuse against a child which is punishable with a minimum sentence of 5 (five) years in prison cannot be mediated due to the threat of the shortest sentence. 5 (five) years imprisonment is a category of serious criminal offense, but in reality at the Rokan Hilir Police, there are several cases of sexual immorality that have not been resolved because the police have suspended their investigations due to mediation. In this case, it can be said that the law enforcement carried out by the Rokan Hilir Police has not been maximized so that it does not provide a deterrent effect on the perpetrators and the community who commit criminal acts of sexual abuse against children.This type of research is sociological legal research, namely as an attempt to see the effect of the enactment of positive law on people's lives. This research is also descriptive in nature, namely the author tries to describe law as a social control related to the formation and maintenance of social rules, with a basis that the legal ability to control human behavior and create a conformity in these behaviors.This study aims to determine how law enforcement is carried out by the Rokan Hilir Police, especially the Women and Children Protection Unit Investigators, what obstacles are faced in law enforcement and what efforts can be made to overcome law enforcement obstacles at the Rokan Hilir Police Resort.The results of this study are to explain that the law enforcement carried out by the Rokan Hilir Police, especially the Women and Children Protection Unit Investigators, has not been maximal in cases of sexual abuse against children. The obstacles faced by the police are the lack of quality and quantity of the Women and Children Unit Investigators, the lack of cooperation between victims or victims' families in providing information related to cases being processed, and lack of community legal awareness. The efforts that the authors offer in this study are to improve the quality and quantity of investigators for the women and children unit at the Rokan Hilir Police, increasing public insight regarding the importance of legal awareness in order to create justice, benefit and general welfare.Key Words : Law Enforcement - Crime - Sexual Harassment – Children
ANALISIS YURIDIS PERTANGGUNGJAWABAN PIDANA PEMBUAT STEMPEL YANG DIPERGUNAKAN KONSUMEN UNTUK TINDAK PIDANA DIKAITKAN DENGAN AJARAN KAUSALITAS Fauziah, Putri; Effendi, Erdianto; Putri, Adi Tiara
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

In the Penal Code (Penal Code) article 263 governs the crime of mail forgery. There are several actions that belong to the type of mail forgery, one of which is the creation of stamps that can cause the stamp maker to also be held accountable. But in reality, the stamp was only used as a means of evidence in the trial. This is known from the example of the Case Verdict Number: 1293/Pid.B/2018/PN. Pekanbaru with defendant Agus Salim Ahim, Number:325/Pid.B/2013/PN. Pekanbaru with defendant Masrizal, and Number: 423/Pid.B/2017/PN. Pekanbaru with defendant Madi Permana Sesa states that the stamp is only used as a tool of evidence seized for destruction. Criminal liability is often also associated with the doctrine of causality. Causality is used as a "filter" in establishing a person's criminal accountability. As a filter, causality will filter out any factual actions committed by the perpetrator, after the factual action is netted the next will be sought legal action. By finding his legal action, a person will be held accountable.The crime of stamp forgery is already very detrimental to society. Many stamps from various government agencies are often forged by the public and even State officials. Not all actions proven by the elements can lead to the perpetrator being punished if he or she cannot be blamed so criminal responsibility cannot be held. In practice many cases involving people in good faith are also held responsible for such crimes. One of them is a stamp maker. But as the basis of the judge's consideration in making a verdict is generally the same. The purpose of writing this thesis is; first, To know the accountability of stamp makers that consumers use for criminal acts is associated with the doctrine of causality. Secondly to know the consequences of the breadth of criminal liability is associated with the doctrine of causality. This type of research is normative research, using an analytical approach. This method of thesis writing research uses normative juridical methods.Keywords :Criminal Liability, Forgery, Stamp Maker, Doctrine Of Causality
PELAKSANAAN KEGIATAN MENGHIMPUN DANA OLEH UNIT SIMPAN PINJAM SWAMITRA KOPERASI SAIL JAYA TERHADAP CALON ANGGOTA KOPERASI Sipayung, Dina Faurine Br.; Firdaus, Firdaus; Dasrol, Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

Cooperatives are built to create businesses and services in creating family principles, cooperative businesses are businesses that are compatible with economic democracy, because in economic democracy there are elements of cooperative business. However, a number of cooperatives were indentified as practicing raising funds or receiving savings from the winder community. Savings and Loans Cooperatives specifically in their business activities receive savings (rasing funds) and channeling them, originating from and for their members or other cooperatives and/or their members. The cooperative uses the presence of prospective members who save their moner in the cooperative. By registering propective members as stipulated in applicable regulations. The purpose of this thesis is : first, to find out the implementation of fundraising activities for prospective cooperative members by the Sail Jaya Cooperative Swamitra Savings and Loan Unit. Second, the understanding of prospective members about cooperatives and businesses as well as the rights and obligations of prospective members. Third, to find out the responsibilities of the Sail Jaya Cooperative Swamitra Savings and Loans Unit for raising funds for prospective cooperative membersThis thesis research method uses the type of sociological legal research, research conducted by carrying out legal identification and how the effectiveness of the law applies in society. This research is descriptive. Source of data used are primary data and secondary data, which consists of primary legal materials, secondary legal materials, and tertiary legal materials, data collection techniques in this study by interview method, and literature review, after the data collected is then analyzed of conclusions.From the results of the research and discussion it can be concluded first that, the implementation of fundraising activities of prospective cooperative members by the Sail Jaya Cooperative Swamitra Savings and Loan Unit did not work as it should or did not comply with applicable regulations So that the need for legal responsibility given by the cooperative so that prospective members get legal certainty and get their rights and there is a strict action from the government of the City of Pekanbaru Cooperative Service.Keywords: raise funds – Prospective Member – Savings and Loan (USP) - Cooperatives
PERLINDUNGAN HUKUM TERHADAP PESERTA BPJS KESEHATAN DI RUMAH SAKIT IBU DAN ANAK ERIA BUNDA KOTA PEKANBARU Candra, Reynold Maytri; Indra, Mexsasai; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

This study aims to determine the implementation of legal protection related to the rights of patients of BPJS health participants in obtaining health services and knowing the constraints and efforts of the hospital in implementing health services BPJS Health in at the Mother and Child Eria Bunda Pekanbaru City hospital. The research method used is a descriptive sociological juridical method, where the research data is obtained from field study and library research, the data analysis is done qualitatively.Based on the results of the study, legal protection for BPJS Health participants at the Mother and Child of Eria Bunda Pekanbaru City hospital viewed from the aspect of regulation has not been protected by its rights as service consumers, as a participant of the Health Insurance Agency (BPJS) which has been regulated in the Law on Health Insurance Agency (BPJS), National Social Security System (SJSN) and regulations other related. In its implementation there are still shortcomings, such as lack of information guarantees for the health suffered by BPJS participant patients, lack of guarantees for the safety, comfort and safety of BPJS participants, lack of givingquality health services in accordance with professional standards and operational procedure standards, and the lack of providing guarantees to patients the freedom to claim harmed rights granted by the hospital againstBPJS Health participants which cause the services provided to BPJS Health participant patients are not optimal.There are still obstacles faced by the Eria Bunda Mother and Child hospital and the Health Insurance Agency in providing health services to participants the Health Insurance Agency. however, there have been several efforts made by the Mother and Child Eria Bunda hospital and the Health Insurance Agency to fulfill the rights of participants the Health Insurance Agency including providing quality services according to the standards that have been establisheddetermined according to the needs of patients participating in the Health BPJS, increasing the number of health facilities I as a reference BPJS holders. Provide education, and dissatisfaction of BPJS participants can be done by submitting to the existing Ethics & Law Committeeat the Eria Bunda Mother and Child hospital and can make complaints to the BPJS.Keywords : Legal Protection, Participants of BPJS Health, Hospital
PENEGAKAN HUKUM TERHADAP PEMILIK BILLIARD YANG MENJADI LOKASI PERJUDIAN DI KABUPATEN TAPANULI UTARA MANALU, KRISTINA; Effendi, Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

Gambling crimes are often found in various community environments Tapanuli Utara District. The essence ic contrary to religion, morality and morality of Pancasil and dangerous society, nation and state and in terms of national intersts. The type of gambling that is widely trated in Tapanuli Utara Regency is the of Billiards. That Billiard activities is a very profitable business activities. The author intends to discuss the arrest of pool owners are not optimal. The purpose of this study wa study law enforcement carried out by law enforces against the hall of billiards in Tapanuli Utara District and violations in the enforcement and eradication of types of hall of billiards crime in Tapanuli Utara District. The research was conducted in North Sumatera Tapanuli Utara District, which conducted research on the Tapanuli Utara Resort Police, and community Tapanuli Utara District. The technique used in collecting data is obersevation, interview and literature study.From the research is conclusive that the law enforcement enforcement of billiards gambling crimes against the Tapanuli Utara District law enforcement agents are yet to be fully maximally, and there has not been a specific effort from law enforcement officials to provide the billiards gambling. In law enforcement by the Tapanuli Utara Resort Police are still focused on the existence of reports directly from the public. And the obstacles in the enforcement and eradication of criminal acts of gambling in the North Sumatera Tapanuli of two factors, namely internal factors and external factors. Internal factors are the inhibiting factors that come from within the body of law enforcement officers, namely from the Tapanuli Utara Resort Police Agency which consists of: constraints to law enforcement officers, constraints on facilities and infrastructure, professionalism of the law enforcement officers, low knowledge of law enforcement officers. And external factors are inhibiting factors that come from outside the body of the Tapanuli Utara Resort Police, which include: the presence of person who protect the criminal gambling gambling, community constraints, regulatory constraints.Keywords: Law Enforcement-Crime-Gambling-Billiards
KEKUATAN BUKTI ILMIAH PADA TINDAK PIDANA KEBAKARAN HUTAN DAN LAHAN DALAM RANGKA PENEGAKAN HUKUM PIDANA LINGKUNGAN HIDUP DI PROVINSI RIAU Ismaeri, Randy; Jayakusuma, Zulfikar; R, Mukhlis
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Forests as one of the natural resources with great potential to be used to improve community welfare. Because of the importance of the function of forests for human life so that the preservation of the forest needs to be maintained so that the forest needs to be maintained so that the forest does not lose its function. Things that can cause disruption of forest functions include forest fires. One of the cases of forest fires which was acquitted with the defendant PT. Adei Plantation and Industry, while scientific evidence presented in court shows that PT. Adei Plantation and Industry intentionally committed acts resulting in exceedance of ambient air quality books, water quality standards, sea water quality standards or environmental damage and human safety hazards and resulting in significant injury or death to people who could be convicted and receive strict sanctions.This type of research is normative legal research that is the principles of law. The legal principle that is the object of the problem in research is the principle contained in the criminal justice system, that a judge must be able to consider the facts of the trial to create a sense of justice. While judging from the nature of this research, it is descriptive. This study uses secondary data that is ready-made data.The results of this study are an analysis of judges' legal considerations in dropping criminal case decisions No. 228 / Pid.Sus / 2013 / PN.Plw is a consideration of the Decision of the First Level Judge, then Article 99 paragraph (1) jo article 116 paragraph (1) letter (a) ) RI Law. Number 32 of 2009 concerning Environmental Protection and Management in conjunction with Law Number 14 of 1970 in conjunction with Law Number 48 of 2009 concerning Judicial Power, Law Number 8 of 1981 concerning KUHAP and other regulations relating to this case. . The criminal conviction of the defendant by the Pelalawan District Court at the first instance and the Pekanbaru High Court at the appeal level were too mild. The defendant's actions are not in line with the government's program which must run environmentally friendly business activities.Keywords: Law Enforcement, Pharmaceutical Supply Dealers, No Licens
PERLINDUNGAN HUKUM TERHADAP KONSUMEN PENGGUNA PARFUM ISI ULANG YANG TIDAK MENCANTUMKAN LABEL KOMPOSISI DI KOTA PEKANBARU Pasaribu, Dumai Putra Mulia; Bachtiar, Maryati; Dasrol, Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Along with the era of free trade, nowadays various types of cosmetics are circulating in the market with various uses from various brands as well. Cosmetic products, which are the result of the development of the pharmaceutical industry, have now developed into one of the basic needs of the community along with the development of people's lifestyles. Business actors are competing to produce various kinds of beauty products with various uses for the community to attract as many consumers as possible . Human desire to always look more beautiful, beautiful and perfect. There is still a sale of refill perfume in Pekanbaru City that does not include this composition label, which can endanger consumers in using the refill perfume. The dangers arising from using this refill perfume can cause irritation to the skin with perfume levels that are not in accordance with what has been set by the BPOM besides that it can also cause inflammation of the skin cells so that it can cause skin cancer.The problems that the authors make the basis for in this study are how legal protection for consumers related to the use of refill perfumes that do not include composition labels in the city of Pekanbaru and how are business actors responsible for refill perfume products that do not include composition labels in the city of Pekanbaru.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 in Pekanbaru CityThe results of this study are first. Protection for consumers related to the sale of cosmetic products without material composition regulated in the UUPK is contained in Article 4 letter c. The right to information is important for consumers, because with information consumers can choose the desired product and avoid losses due to misuse of the product. Providing information is also an obligation of business actors as regulated in Article 7 letter b. In addition to protection through rights and obligations, protection of consumers can also be protected by actions that are prohibited by business actors as regulated in Article 8 letter IUUPK. Second, responsibility is the obligation of business actors if consumers feel disadvantaged. Regarding the responsibilities of business actors regulated in Article 19 UUPK. Business actors can be responsible by providing compensation in the form of refunds or replacement of goods.Keywords: Consumers, Business Actors, Refill Perfume
GAGASAN PENAMBAHAN SANKSI PIDANA TERHADAP GURU PELAKU KEKERASAN SEKSUAL ANAK DIDIK DALAM PEMBAHARUAN HUKUM PIDANA DI INDONESIA Wyndaria, Annisa; R, Mukhlis; Ferawati, Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

As if it never stops, the number of cases of sexual violence which is always increasing every year, especially sexual violence against minors committed by teachers against their students. It is time to carry out a reform of criminal law because the existing law has not provided a deterrent effect and prevention of criminal acts of sexual violence in Indonesia.This type of research is classified as normative legal research. The data source is secondary data which is divided into 3 (three), namely primary, secondary and tertiary legal materials. literature review. In this case, a researcher must be observant and precise to find data contained both in regulations and literature that have a relationship with the problem under study. In drawing conclusions using a deductive thinking method that draws conclusions from a general statement into a statement or a special case.From the results of the study, the first is about the application of criminal sanctions against teachers of perpetrators of child sexual violence in court decisions. There are several changes in the Law due to the prevalence of sexual violence crime in Indonesia. Law Number 23 of 2002 was amended to Law Number 35 of 2014 then underwent another change with the issuance of Law Number 17 of 2016. However, of the three regulations in their implementation, they have not been able to create a deterrent and preventive effect on teachers of sexual violence perpetrators. against students in Indonesia and castration cannot be implemented because it violates the medical code of ethics. Second, ideally, criminal sanctions for teachers who commit sexual violence against students in the reform of criminal law in Indonesia, namely the idea of an additional criminal sanction for revoking certain rights in the form of revocation of professional rights or positions against teachers who commit sexual violence against students in Indonesia so that it can have an effect. deterring the perpetrators and as a deterrent for teachers who want to commit the same crime so that the community, especially parents and children, can feel safe and at ease.Keywords: Ideas-Crime-Teacher-Sexual Violence-Students

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