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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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KEDUDUKAN SURAT EDARAN MAHKAMAH AGUNG BERDASARKAN UNDANG-UNDANG NOMOR 12 TAHUN 2011 TENTANG PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN Prasetya, Vestwansan Dipa; Indra, Mexsasai; Edorita, Widia
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

Circular Letter itself is a policy regulation for several reasons, as seen from its form, Circular Letters do not have a formal form that is similar to laws and regulations in general. Generally, legislation has forming parts such as Naming, Opening, Body, and Closing. We have not found these parts in a Circular so that from the formal point of view we can assume that the Circular is not a statutory regulation. Second, in terms of naming "Circular", in the book Regarding the Law by Jimmly Asshidiqie Circular Letter is classified in policy rules or quasi legislationThe problem that the author made the basis of this research is how the position of the Supreme Court circular based on Law Number 12 of 2011 concerning the Formation of Laws and Regulations about the contents of the Supreme Court circular based on Law Number 12 of 2011 concerning the Formation of Laws and Regulations -invitation. The purpose of this study is to determine the position of the Supreme Court circular based on Act Number 12 of 2011 concerning the Formation of Legislation and to find out the contents of the Supreme Court circular based on Act Number 12 of 2011 concerning the Formation of Legislation .This type of research used by the author is normative legal research, also called doctrinal law research. This normative research is a study that discusses the principles of law, systematic law, the extent of legal synchronization, the history of law and comparative law.The results of this study are first. Article 8 Paragraph 2 of Law Number 12 Year 2011. The regulation is related to other functions, namely administration, advice, supervision, and justice. However, the author is of the opinion, to determine the location of SEMA in the hierarchy of statutory regulations, we must pay attention to certain things. First, only SEMA contents in accordance with the provisions in article 79 of the Supreme Court Act can be included in the hierarchy of statutory regulations, second, Article 5 of Law Number 12 of 2011 concerning Formation of Regulations states that the material contained in the regulations the legislation must reflect the principles of: Protection, Humanity, Nationality, Family, Nationality, Unity in Diversity, Justice, Equality in Law and Governance, Order and Legal Certainty and or Harmony, Harmony and BalanceKeywords: Circular, Supreme, Court
PELAKSANAAN PIDANA KURUNGAN PENGGANTI DENDA DALAM KASUS TINDAK PIDANA KORUPSI DI WILAYAH PENGADILAN NEGERI PEKANBARU Febria, Anggun; Erdianto, Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

In The provisions for criminal fines at extraordinary crime level are regulated in Law Number 20 of 2001 concerning Eradication of Corruption in Article 2 paragraph (1). However, the Corruption Law does not regulate the length of imprisonment in lieu of fines, the determination of the length of the substitute imprisonment refers to Articles 30 and 31 of the Criminal Code (KUHP). In practice, the implementation of fines is actually an alternative for the convicted person not to pay the fine so that the purpose of punishment to return state losses is not fulfilled. The purpose of writing this thesis is: First, knowing how to carry out imprisonment in lieu of fines in corruption cases. Second, to find out what are the benchmarks for judges in imposing imprisonment penalties in lieu of fines in corruption cases. Third, to find out how the difference in imprisonment in lieu of fines at the same amount of fines on the sense of justice and legal certainty.This type of research is sociological legal research (Social Lagal Research). This research is more specific to seeing the law in a real sense and examining how the law works in society by analyzing various literatures related to the problem being studied as well as interviews with the Head of Pidsus Section of the Pekanbaru District Prosecutor's Office and Pekanbaru District Court Judges.From the results of the research conducted, it can be concluded that, first, the implementation of imprisonment in lieu of fines is an option for the convict if he does not want to pay the fine and the prosecutor cannot force the convict to pay the fine. However, in 2019 there tended to be a balance between the defendant who chose to pay a fine and chose to serve imprisonment in lieu of a fine. Second, in the aspects of punishment, the judge in making his decision in addition to looking at the evidence and facts revealed in the trial, he also considers things that can alleviate and incriminate the accused. Third, judges in compiling their decisions must reflect justice, benefit and legal certainty. However, in practice, judges' decisions are often seen as not fulfilling a sense of justice and legal certainty.Keywords: Execution-Fines-Substitute Imprisonment
PENARAPAN KETENTUAN PIDANA TERHADAP PELAKU EKSPLOITASI PENYANDANG DISABILITAS DI KOTA PEKANBARU Kurniawan, Ikhsan; Firdaus, Emilda; R, Mukhlis
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

Persons with disabilities are a diverse group of people, including persons with disabilities who have physical disabilities, mental disabilities or a combination of physical and mental disabilities. many people with disabilities are exploited such as busking and begging. However, in the effort to protect the rights of persons with disabilities that are free from discrimination and exploitation, there are still many problems in giving punishment to people who exploit persons with disabilities. The problems in this thesis, namely: First, How is the application of criminal provisions against the exploitation of persons with disabilities in Pekanbaru City? Second, what are the obstacles in enforcing criminal sanctions and the government's efforts to minimize exploitation of persons with disabilities in Pekanbaru City?This type of research can be classified in the type of sociological juridical research. This research was conducted in Pekanbaru City, while the sample population was all parties related to the problems examined in this study, the data sources used, primary data and secondary data, data collection techniques in this study by interview, observation and literature study.From the research, there are two things that can be concluded. First, Law Enforcement conducted by the Pekanbaru City Police against the exploits of persons with disabilities has so far never been enforced. This is because there are no complaints from victims or injured parties in this case. Secondly, the obstacles in the eradication of exploitation perpetrators are the lack of coordination of the police with other agencies such as the Satpol PP and the Pekanbaru City Social Service and the efforts made by the Pekanbaru City Police Criminal Investigation to minimize the exploitation of persons with disabilities including socializing and educating persons with disabilities regarding Law No. 8 of 2016 concerning Persons with Disabilities.Keywords: Explotation, Persons with Disabilities, Pekanbaru City,
TINJAUAN YURIDIS TERHADAP PEMIDANAAN PELAKU TINDAK PIDANA PEMASUNGAN ORANG DENGAN GANGGUAN JIWA BERDASARKAN HUKUM PIDANA INDONESIA Donal, Roy Fran; Indra, Mexsasai; R, Mukhlis
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

problem of shackling is a part that cannot be lost in Indonesian society. People with mental disorders are often victims of shackling, which is generally carried out by their own families. Even though people with mental disorders should be given love and comfort. However, when people with mental disorders are shackled, it will make them feel alone and stressed out. Shackling is done by shackling people with mental disorders using wood with a hole and then sandwiching them on the feet, hands and neck so that the person in shackles cannot move from their place. Shackling is clearly a crime and punishable. This has been stated in article 333 of the Criminal Code regarding deprivation of liberty.This type of research is normative legal research, namely using literature study to search the data. This research is descriptive in nature which tries to provide data as accurate and detailed as the existing problems. In writing this study using qualitative data analysis which means explaining and concluding about the data that has been collected by the author. This research uses secondary data or codified scientific data.The result of this research is to explain that in fact there are weaknesses in the criminal law in acting on the perpetrators of this lockup. The prohibition on confinement is contained in Article 86 of the Law on Mental Health, however this article does not explain the criminal sanctions so it refers to Article 333 of the Criminal Code. In the description of article 333 of the Criminal Code, it does not classify what kind of deprivation of liberty. Deprivation of freedom according to S.R. Sianturi is done with physical restraint. Meanwhile, according to R. Soesilo said that the deprivation of freedom did not have to be physically restrained. Then in the Supreme Court Decision Number 233K / Pid / 2013 it explains that there is no need for physical restraint, so that if article 333 of the Criminal Code is linked to confinement, it is not appropriate. Because people with mental disorders have experienced physical restraint. For this reason, it is necessary to have laws and regulations that provide information on article 333 of the Criminal Code and state it firmly.Keywords: Criminalization - Confinement Perpetrators – People With Mental Disorders.
PENERAPAN HUKUM ADAT DALAM MENYELESAIKAN TINDAK PIDANA PERZINAHAN YANG DILAKUKAN OLEH REMAJA DI KECAMATAN MANDAH KABUPATEN INDRAGIRI HILIR Arif Yuliansyah; Mexsasai Indra; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Adolescence is a phase of development between childhood and adulthood. In adolescene, it is the desire to try, to follow trends and lifestyles, and have enormous fun. So, a person’s development in childhood and adolescene will shape the person’s self development in adulthood. Article 284 of KUHP cannot be a legal basis for adolescents who commit adultrety, there fore the process of adultery committed by adolescents is completed through customary law. Customary law is an institution that forms villages that have formed themselves because of the habits of the local community. Customary law priorities the settlement by deliberation and consensus in resolving these criminal acts. The purpose of this thesis research is : fisrt, To find out the process of settlement of adultery committed by adolescents in Mandah sub-district Indragiri Hilir district. Second, to find out legal consequences of the settlement of adultery crimes committed by adolescents through customary law. This type of research of sociological legal research. Empirical juridical research or sociological legal research is research conduted directly on site or in the field to obtain data to provide a complete and clear picture of the problem in question. This research was conduted in Mandah sub-district Indragiri Hilir district. The data used primary data, secondary data, and tertiary data. Data collection techniques using interviews and literature study.Based on the results of the study and discussion it can be concluded that first, the process of resolving criminal acts of adultery committed by adolescents in Mandah sub-districh. As for the settlement process through customary law that is : One, as a family. Two, in consultation with customary leaders and community leaders. Second, Legal consequences are customary legal liability by Ninik Mamak as law enforcers by priorotizing consensus adreement in determining customary punishment that is not contrary to applicable legal norms. Suggestion, the results in the flow of the settlement process of adultery committed by adolescents in Mandah sub-distrith are final, prioritizing common interests rather that individuals so that justice is not created and is not biased, and villages make village regulations that forbid teenagers or young men and women from carrying out activities above 10 pm except held by the village of scholl. National KUHP must pay attention to the values prevailing in society. Other than that, law enforcers are expected to be able to act fairly in the application of sanctions for those who commit adultery.Keywords: The process of resolving criminal acts of adultery committed by adolescents through customary law
TANGGUNG JAWAB NEGARA TERHADAP PEMENUHAN HAK YANG DIMILIKI LANJUT USIA (LANSIA) DITINJAU DARI UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 13 TAHUN 1998 TENTANG KESEJAHTERAAN LANJUT USIA (LANSIA) DALAM PERSPEKTIF HAK ASASI MANUSIA Putri, Clara Izati; Firdaus, Emilda; Artina, Dessy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Increasing the number of elderly population (60 years and over) every year continues to increase. This condition causes many elderly people who experience social violence and violations of the rights of the elderly. One form of human rights violations possessed by the elderly is neglect by families, people around or the community who no longer pay attention to the elderly. This should receive special attention from the government in order to realize the welfare of the elderly as expected in Law No. 13 of 1998 concerning Elderly Welfare by providing social protection for the elderly. Social protection is a human right that is owned by every citizen. The government in particular has formulated various regulations aimed at the welfare of its people in Act Number 11 of 2009 concerning Social Welfare. But the fact is, until now there has not been formed a special role from the government in helping neglected elderly get their social welfare, so it can be said that legal protection for neglected elderly people in Indonesia is still vague. This type of research can be classified in normative juridical research, because this research is carried out by examining secondary data and approaches to the law, this normative study examines applicable regulations and relates to the human rights of the elderly. Source of data used are primary data, secondary data, tertiary data, data collection techniques in this study are normative juridical, the data used is literature studyThe results of the study conducted by the author are the role of government or society in realizing the welfare of the elderly is still very weak. This is evidenced by the increasing number of neglect of the elderly themselves. Therefore, to realize the welfare of the elderly as expected by the welfare state (walfare state), the government must take concrete actions in fulfilling the elderly rights that have been regulated in Law No. 13 of 1998 concerning elderly welfare. In an effort to provide protection and fulfillment of the right to the elderly, the government must work extra. One of them is by updating the law governing the elderly so that it can be applied in modern times.Keywords: elderly, neglect of elderly, violation of elderly rights.
PELAKSANAAN PAGANG GADAI SAWAH BERDASARKAN HUKUM ADAT DI KANAGARIAN KOTO TINGGI KECAMATAN BASO KABUPATEN AGAM PROVINSI SUMATERA BARAT Farhan Muhammad Aziz; Zulfikar Jayakusuma; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

Land is an important element of the formation of the State, in achieving the goals of the State, government intervention is needed, but the cultural diversity of each region is one of the obstacles to the implementation of national law, pawning land is one of the land transactions that still exists and is the needs of Indonesian indigenous peoples including customary law Minangkabau. Where transactions are carried out by Minangkabau indigenous people especially in Kanagarian Koto Tinggi, Agam Regency where many transactions have taken place for decades without any time limit, either orally or in writing.The purpose of this research is to find out how the implementation of the existing pawn apprenticeships in Koto Tinggi Kanagarian and what are the legal consequences of the implementation of the pawn apprenticeship. This type of research is sociological juridical, analytic descriptive research. The research location was Kanagarian Koto Tinggi, Baso Subdistrict, Agam Regency, West Sumatra Province. Data sources used, primary data, secondary data and tertiary data. Data collection techniques with interviews and literature review.From the results of this study, it was concluded that, first, the pawning process in Koto Tinggi Kanagarian began with the agreement of families and people who would pawn the fields and the implementation did not use a time limit. Second, it has been going on for decades ago redemption is based on the price of gold at the time of redemption so that debtors are unable to cut down especially the middle to lower class because the price of gold has gradually increased in price. The author's suggestion is, first, the Government of Agam Regency, West Sumatra Province in general, make a written rule regarding the implementation of pawning apprenticeships, so that with this regulation facilitate the implementation of pawning apprenticeships by the Minangkabau community and mutual benefit between the parties. Second, the Government must be able to socialize, so that the purpose of Article 7 of Law No. 56 of 1960 concerning the Determination of Agricultural Land Area can be achieved.Keywords: Pawn Merchants - Customary Law - In Minangkabau
TINJAUAN YURIDIS KETENTUAN DALUWARSA DALAM PENGAJUAN GANTI KERUGIAN MELALUI PRAPERADILAN TERHADAP PERKARA SALAH TANGKAP Fitri, Uli Annisa; R, Mukhlis; Ferawati, Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Wrong arrests are a case that often occurs in Indonesia. Literally, misunderstanding is mistaking the person in question or mistaking the person. The wrong arrest case has a huge impact on the victim and also his family. Victims of wrong arrest experience suffering physically, psychologically and materially. Often victims and also their families get negative stigma from the community who knows this. Regarding this matter, it is proper for victims of wrong arrest to receive rehabilitation and compensation. The legal basis for the court to provide compensation and rehabilitation is stated in Article 9 of Law Number 48 of 2009 concerning Judicial Powers. The regulation of the rights to compensation in the Criminal Procedure Code is a manifestation of human rights. Compensation can be filed within a maximum period of 3 (three) months from the date of excerpt or 3 (three) months after receiving a copy of the court decision with permanent legal force, this is as regulated in Article 7 paragraph (1) Government Regulation Number 92 of 2015 concerning the second amendment to Government Regulation Number 27 of 1983 concerning Implementation of the Criminal Procedure Code. However, in its implementation, there are still victims of wrongful arrests who do not receive compensation.This type of research is normative legal research which is also called doctrinal legal research. This research uses secondary data or codified scientific data. The data collection technique used in this legel research is the library research method. In this paper, the author uses qualitative data analysis wich produces descriptive data, which means explaining and concluding about the data that has been collected by the author.The result of this research is to explain that the timeframe regarding filing a claim for compensation is regulated in Article 7 paragraph (1) of Government Regulation Number 92 of 2015, but there is legal uncertainty in it so that the victim of a wrongful arrest cannot receive compensation. The author provides an ideal concept in the form of extending the time period in filing a claim for compensation as stated in Article 7 paragraph (1) of Government Regulation Number 92 of 2015 to a maximum of 6 (six) months from the date of excerpt or a copy of the court's decision with legal force is still accepted. Considering that in practice the submission of a copy of the decision took a very long time. This is done so that there is legal certainty regarding the period of time in submitting compensation for the victim of a wrongful arrest so that the victim can receive the compensation.Keywords: Expired – Claim for Compensation - Pretrial
TINJAUAN YURIDIS TERHADAP PENANGANAN PERKARA ANAK DIBAWAH UMUR MELALUI UNIT PERLINDUNGAN PEREMPUAN DAN ANAK BERDASARKAN PERATURAN KEPOLISIAN NEGARA REPUBLIK INDONESIA NOMOR 10 TAHUN 2007 TENTANG ORGANISASI DAN TATA KERJA UNIT PELAYANAN PEREMPUAN DAN ANAK DI LINGKUNGAN KEPOLISIAN NEGARA REPUBLIK INDONESIA Wulandari, Septiana; Indra, Mexsasai; Ferawati, Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Children are the forerunners of youth. Therefore, the handling of children who are in conflict with the law should not lead to stigmatization and lack or even lack of coaching towards them so that their hopes to become young people can be useful to their nation. Referring to this, it is important to agree on the child safety model that is in conflict with the law and children who are in conflict with the law. One form of special protection for children as perpetrators of crime is to establish a Women's and Children's Services Unit (PPA Unit), which was formed based on the Regulation of the Chief of the Republic of Indonesia State Police Number 10 of 2010 concerning the Organization and Work Procedure of the Women's and Children's Services Unit (PPA Unit ) in the Indonesian National Police Environment. The purpose of writing this thesis, namely: first, the legal obligations towards the handling of cases of minors at the Police Level, second, the validity of handling cases of minors carried out by Investigators outside the Protection Unit for Women and Children.This type of research used in this study is normative legal research or can be called doctrinal law research. In this normative legal research, the writer conducts a research on legal synchronization, by conducting an identification in advance of the legal principles that have been formulated in the legislation. Sources of data used, primary data, secondary data, and tertiary data, data collection techniques in research with literature review.From the results of the research problem there are three main things that can be concluded. First, the legal obligation towards handling cases of minors at the Police Level is carried out by child investigators namely the protection unit for women and children, this is regulated in Article 26 of Law Number 11 Year 2012 Concerning the Child Criminal Justice System and Police Regulation Number 10 of 2007 concerning Organization and Work Procedure of Women and Children Service Units in the Indonesian National Police Environment. Second, the validity of handling cases of minors carried out by Investigators outside the Women's and Children's Services Unit handling cases of children is legal based on the provisions of Article 26 paragraph (4) of Law Number 11 of 2012 concerning the juvenile justice system and Article 10 of Police Regulations Number 10 Year 2007 concerning the Organization and Work Procedure of Women and Children Service Units in the Republic of Indonesia National Police Environment.Keywords: Child-Handling-Child Case-PPA Unit
AKIBAT HUKUM PERNIKAHAN PADA MASA IDDAH DI DESA KEMANG KECAMATAN PANGKALAN KURAS KABUPATEN PELALAWAN BERDASARKAN KOMPILASI HUKUM ISLAM Syafrida, Syafrida; Firdaus, Firdaus; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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In Article 2 of the Compilation of Islamic Law, it is stated that marriage according to Islamic law is marriage, which is a very strong contract ot mitsaqan gholiidhan to obey Allah’s orders and carry out is worship. In Islamic law, there are several prohibited marriages, one of which is women who are still in the iddah period. However, not all Islamic teachings can be implemented properly. This is evidenced by the fact that there are partners who do not care about the iddah problem. Carrying out iddah for women is considered a form of worship. The purpose of writing this thesis, namely; First, the implementation of marriage during the Iddah period in the village of Kemang, Pangkalan Kuras district. Second, the legal consequences of marriage during the Iddah period.This type of research can be classified in the type of 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.From the research, there are three main points that can be concluded. First, the implementation of marriage during the iddah period is the same as marriage in general, it’s just that the marriage is carried out during the iddah period so that the marriage is invalid. Second, due to the law of marriage during the iddah period that will arise, the husband and wife will not get a marriage certificate, and when the marriage occurs, hereditary problems will arise. Author’s suggestion, First, it is hoped that the village government of Kemang needs socialization about marriage, especially marriage during the iddah period. Second, religious leaders should explore knowledge about the Marriage Law in Indonesia so that they can understand the procedures for marriage and divorce as regulated in the applicable Law.Keywords: Marriage-Iddah Perod-Compilation of Islamic Law

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