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INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 2,579 Documents
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Analisis Hukum Terhadap Putusan Hakim Pengadilan Tinggi Sumatera Barat Nomor 8/PID/2018/PT.PDG Dikaitkan dengan Tujuan Pemidanaan Arfendi, Jefri; Firdaus, Emilda; 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

Judges who decide to consider, seek justice come to ask for justice, if they do not find a written law, they must collect unwritten laws to decide based on the law as those who argue and are responsible. In decision number 8/PID/2018/PT.PDG the panel of judges handed down the verdict that the defendant was placed under house arrest. With the verdict of the panel of judges who sentenced the defendant to prison, the purpose of a conviction was not fulfilled.This type of research can be classified in the type of normative legal research, an attempt to find whether the applied law is suitable for solving a particular case or problem, where the sound of the rules is found. Based on the nature of this legal research, it is descriptive in nature, namely reviewing the subject matter in accordance with the scope and identification of the problem through a law approach carried out by examining the laws and regulations relating to the legal issues being studied.From the results of research and discussion it can be concluded that, First, the Judge's Consideration in Imposing Criminal Sanctions Against Frauders in Decision Number 8/PID/2018/PT.PDG is the defendant fulfilling the elements of criminal acts as regulated in Article 378 of the Criminal Code. Reasons that incriminate the criminal: while carrying out their actions the Defendant is still a civil servant in the Padang High Prosecutor's Office and the Defendant's actions have dishonored the Attorney's institution as a law enforcement institution. As well as circumstances that alleviate criminality: The defendant still has children who are still breastfeeding. Second, the legal analysis of verdict number 8/PID/2018/PT.PDG is starting from the indictment which mixes a series of acts between fraud and embezzlement, not the maximum demands given by the public prosecutor, then the judge in determining the crime as if too much guided by the demands of the public prosecutor, without regard to the facts of the trial which incriminated many defendants.Keywords: Decision - Judge Considerations - Criminal Purpose.
PENGATURAN HAK NARAPIDANA DALAM MENDAPATKAN KEBUTUHAN BIOLOGIS SELAMA MASA HUKUMAN DIPENJARA MENURUT HUKUM PIDANA INDONESIA As shidqie, Maulana Ghalib; Artina, Dessy; 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 negative consequences is the deprivation of a person's normal sexual life, so that it is notuncommon for problems such as homosexuality and masturbation among the convicted to occur frequently.Sexual intercourse is a need, just like any other need that demands fulfillment. A prisoner who is in acorrectional facility should get sexual needs. Especially inmates who are married. As is well known, thefulfillment of biological desires is indeed a basic need for humans, both men and women. But while inprison, of course the fulfillment of this desire was disturbed. Physiological needs, such as food, drink, restor sleep, and sex, are the first and foremost needs that must be met by each individual. With these needsfulfilled, people can maintain life from death. In the context of prisoners, the government regulates how thefulfillment of basic physical needs, especially nutritional needs, is met properly, but other physical needssuch as sexual needs have not been explicitly regulated.This type of research is a normative legal research that is research conducted with a literature study orliterature study in finding data. This research is descriptive in nature which provides detailed and detaileddata on existing problems. In this paper using qualitative data analysis which means to explain andconclude about the data that has been collected by the author. This research uses secondary data orscientific data that has been codified.The results of this study explain that in Law Number 12 of 1995 concerning Corrections, especially inArticle 14 paragraph (1), it regulates the rights of prisoners during their sentence in prison, but in thatarticle does not regulate biological needs, especially sexual needs of prisoners during sentence in prison.Sexual needs, both empirically and theoretically, are important needs for biologically mature humans,which, if not fulfilled, will result in many sexual deviations between prisoners during their sentence inprison. Furthermore, the practice of romance booths has been carried out in Indonesian prisons, this isevident in the case of the convict fahmi Darmawansyah who runs the business of love room facilities byrenting out to other inmates for sexual activity by paying a sum of money. From this case, it is clear thatthe practice of romance booths is carried out illegally because the legal regulations that discuss theprovision of romance booths do not yet exist in Indonesia. The idea that the author offers is to regulate thebiological rights of prisoners during their sentence in prison by implementing or applying legal and freeconjugal visit facilities for inmates who are married with the rules and mechanisms stipulated by thelegislators later.Keywords: Convict – Biological Needs - Criminal Law
TINJAUAN YURIDIS TERHADAP PENERAPAN DEPONERING DIKAITKAN DENGAN ASAS EQUALITY BEFORE THE LAW DAN ASAS LEGALITAS Khairunnisa Khairunnisa; Mexsasai Indra; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Waiver of criminal cases for the sake of public interest or can be referred to as “deponering” is the embodiment of the opportunistic principle that has been legitimized by the state through Article 35 letter c of Law No. 16 of 2004 concerning the Republic of Indonesia Attorney General's Office and Article 14 letter h of the Law Code. Criminal Procedure. In fact, what should be an important note for the government and law enforcement officials is that from the perspective of the general public who do not understand the law comprehensively.This type of research is normative juridical research. In this research, the researcher discusses the principles of law, namely the principle of equality before the law, namely equality before the law. Then also using the legality principle which is the principle that determines that no action is prohibited and punishable if it is determined in advance in legislation, known in Latin as Nullum Delictum Nulla Poena Sine Praevia Lege Poenali (no offense, no punishment without advance regulation).The conclusions that can be obtained from the research results are: First, there is no derivative regulation in interpreting the meaning of the "public interest" so that it becomes a multi-interpretation area and contradicts the legality principle where the legality principle requires rules first, because the regulation does not can be applied if legality is not written about the derivative rules. This means that there are misinterpretations and legal findings that occur in interpreting waivers in the public interest so that it is not relevant to our ideals as a rule of law. Second, the criteria for the Attorney General to link legal interests and public interests in granting deponering basically do not have standard rules and contradict the principle of legality which requires prior rules in order to achieve legal certainty. If it is in the public interest basically the Attorney General, before making a waiver of the case in the public interest, he first discusses it with the state power bodies that are related to the case, either directly or indirectly.Keywords: Deponering, General Attorney, Equality Before The Law, Attorney
PELAKSANAAN TANGGUNG JAWAB SOSIAL PERUSAHAAN (CORPORATE SOCIAL RESPONSIBILITY) PT TOBA PULP LESTARI TBK DI BIDANG PENDIDIKAN DAN KESEHATAN TERHADAP MASYARAKAT DESA PANGOMBUSAN KECAMATAN PARMAKSIAN KABUPATEN TOBA SAMOSIR R. Simanjuntak, Risma; Firdaus, Firdaus; Putri, Adi Tiara
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

This research discusses the implementation of corporate social responsibility of PT Toba Pulp Lestari Tbk in the field of education and health to the community of Pangombusan Village, Parm testimonial, Toba Samosir Regency. Corporate Social Responsibility (CSR) is an ongoing commitment from the business community to act ethically and contribute to the economic development of the local community or local community. Based on Article 74 paragraph (1) of the Limited Liability Company Law, hereinafter referred to as UUPT, each company is required to budget and run a CSR program for the environment and the community The community wants the company's existence to contribute to people's welfare. The purpose of writing this thesis, namely; first, to find out how the implementation of PT Toba Pulp Lestari Tbk's corporate social responsibility in the field of education and health to the community of Pangombusan Village, Parmempuan Subdistrict, Toba Samosir Regency, second, to find out what the obstacles of PT Toba Pulp Lestari Tbk in the implementation of corporate social responsibility in the field of education and health for the community of Pangombusan Village, Parm testimonial, Toba Samosir Regency. The type of legal research used by the author is the type of sociological legal research. This research was conducted at PT Toba Pulp Lestari Tbk. Sociological law research uses primary data and secondary data, while the population and sample are parties related to the problem under study, namely the company and the community. Data collection techniques in this study were literature review, interviews and questionnaires. From the results of this study the authors conclude that the implementation of CSR in the field of education and health carried out by the company has not been implemented properly because there are still several programs that have not been implemented optimally. Barriers to the implementation of CSR in the field of education and health experienced by the company is that planning is made sometimes not in accordance with the target, community response, proposals from the community, budget funds. Keywords: Corporate Social Responsibility - Company - Societ
PENATAAN MEKANISME PEMBERIAN GRASI BERDASARKAN UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 Dwi Murniati; Mexsasai Indra; Adi Tiaraputri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

A country was born to provide welfare and justice with a regular system to its people, so that each country has a constitution. The constitution of Indonesia is The 1945 Constitution of the Republic of Indonesia (1945 Constitution) which has been amended four times. In article 14 paragraph 1 of The 1945 Constitution of The Republic of Indonesia regulates that the President has the right to grant clemency by taking into account the considerations of the Supreme Court. Clemency is forgiveness in the form of changes, mitigation, reduction or elimination of the implementation of the decision to the convict given by the president. The process of granting clemency in Indonesia is more fully regulated in Law Number 22 Year 2002 Concerning Clemency that has been changed by Law Number 5 Year 2010. Although the process of granting clemency has been regulated in laws, granting clemency issued by the President with a Presidential Decree still causes polemic in the community. There are people and some parties who feel that the clemency issued by the President is not consistent with other government policies and a clemency is often accompanied by unclear reasons. Such as clemency issued for convicted of narcotics, convicted of corruption, and others. So this study aims to determine the mechanism for granting clemency in Indonesia, and the ideal concept of granting clemency in Indonesia.The type of this research can be classified as a type of normative legal research, which clearly illustrates the concept of granting clemency and philosophical clemency if it is associated with the theory of law, justice and legal reform. Data sources used are secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. Data collection techniques in this study were library research methods, after the data were collected then analyzed to make a conclusions.From the results of this study there are two main things that can be concluded. First, the concept of granting clemency in Indonesia and its problems. Second, this research will provide a better ideal concept in the process of granting clemency in Indonesia. The researcher's suggestion are, first the case restrictions that can be granted clemency. Second, a constitutional convention to regularly provide information relating to clemency with a press conference. Third, make the Presidential decree as a state administration decision.Keywords: Granting Clemency - Presidential Power - Justice
Tinjauan Yuridis Terhadap Pasal 134 Ayat (4) Undang-Undang Nomor 1 Tahun 2015 Tentang Penetapan Peraturan Pemerintah Pengganti Undang-Undang Nomor 1 Tahun 2014 Tentang Pemilihan Gubernur, Bupati Dan Walikota Menjadi Undang-Undang Pada Masa Daluwarsa Pelaporan Kasus Tindak Pidana Pemilihan Kepala Daerah Yang Relatif Singkat Ulil Abshor; Erdianto Effendi; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Election of regional heads (Pilkada) is one way in the democratic system to elect regional heads in a particular region. The Regional Head Election aims to find qualified regional leaders in peaceful, honest and fair ways. Election of Regional Head is carried out by adopting the principle of direct, general, free, confidential, honest, and fair in accordance with Article 2 of Law Number 1 of 2015 concerning the Establishment of Government Regulations in lieu of Law Number 1 of 2014 concerning Election of Governors, Regents and Mayors to Become Constitution.This research is a type of normative juridical research or normative legal research. Normative juridical research or normative legal research is research that discusses legal principles, namely the legal principles contained in Act Number 1 of 2015 concerning Establishment of Government Regulations in lieu of Law Number 1 of 2014 concerning Election of Governors, Regents and the Mayor Becomes a Law.From the results of the research that the author did, it can be concluded that the reason for the expiration of regional head elections in terms of reporting is limited by the short time compared to criminal acts in general because there are several cases of reports that have not been completed, thus disrupting the process in the election for determine the winner in the election. If no deadline is set for reporting, it can be used as a loophole for one party to hinder the electoral process, and can also cause government vacancies as in previous cases. Second, the reporting deadline is in accordance with Article 134 paragraph (4) of Law Number 1 of 2015 concerning the Establishment of Government Regulations in lieu of Law Number 1 of 2014 concerning the Election of Governors, Regents and Mayors into Laws which stipulate the reporting deadline of only 7 days are considered too fast and ineffective because many cases are killed because of these deadlines.Keywords : Juridical Review - Article 134 Paragraph (4) -Law number 1 of 2015
PENEGAKAN HUKUM TINDAKPIDANA TERHADAP KERUSAKAN FISIK DAYA TARIK WISATA DALAM RANGKA MEWUJUDKAN ASAS KELESTARIAN DAN BERKELANJUTAN KEPARIWISATAAN Duwi Cut Diana Putri; Zulfikar Jayakusuma; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Tourism is a dynamic activity that involves many people and enlivens various fields of business. In national development, tourism is one of the fields that contributes significantly to the country's foreign exchange apart from the oil and gas sector, plays a role in expanding employment, encouraging and equitable regional development, increasing the welfare and prosperity of the people. Supervision of the threat of environmental destruction and pollution of tourist objects is an important aspect in maintaining and preserving tourism objects as national assets in contributing to national development in the form of providing employment and other economic activities as well as foreign exchange income for a country.This type of research can be classified in the type of sociological juridical 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 examined. This research is in the jurisdiction of Pekanbaru City. While the population and sample are the whole parties related to the problem examined in this study. Sources of data used, primary data, secondary data, and tertiary data, data collection techniques in this study with interviews and literature review.In the results of the research problem there are two main points that can be concluded, first, the supervision of the threat of damage and pollution of attractions is an important aspect in preserving tourism. The second obstacle in law enforcement is that the perpetrators of tourism fission damage are influenced by several factors; legal factors, legal relief factors, facilities and facilities factors, and cultural factors.Keywords: Law Enforcement Criminal Tourism
ANALISIS YURIDIS TERHADAP KLAUSULA EKSONERASI PADA PERJANJIAN SEWA MENYEWA SAFE DEPOSIT BOX ANTARA BANK BNI CABANG PEKANBARU DENGAN NASABAH BERDASARKAN ASAS KEBEBASAN BERKONTRAK Artha Vennessa; Hayatul Ismi; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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A safe deposit box rental agreement is an agreement for the provision of services for storing valuable goods belonging to a tenant which is not prohibited by law in a standard form. The purpose of this Safe Deposit Box rental is to provide tenants with a sense of security from the risk of theft or fire on valuables stored in a safe deposit box. However, in reality the risk of loss, fire, destruction is not covered by the bank as the party providing services as stated in the safe deposit box rental agreement.This type of research can be classified as normative juridical research because this research is conducted by examining secondary data and approaches to legislation. This research examines the principles of law. Sources of data used are primary data, secondary data and tertiary data. The data collection technique used was juridical normative, the data used was literature study.The result of the research conducted by the author is that the responsibility for the loss, damage or change in quality or quantity of SDB storage is entirely borne by the customer. This is not in accordance with the principle of responsibility and consumer protection, where in this lease agreement the bank includes an exoneration clause with the transfer of responsibility. In accordance with the principle of responsibility and article 1365 of the Civil Code, the Bank should provide compensation for losses suffered by customers. Therefore, the government should make laws and regulations regarding agreements, because so far the agreement is still regulated by the Civil Code which is a legacy of the Netherlands and it is necessary to increase customer protection for safe deposit box users in the event of loss of items stored in safe deposit boxes.Keywords: Exoneration Clause, Safe Deposit Box, Responsibility, Consumer Protection Law, Freedom of Contracting Principle.
PENERAPAN SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA PEMALSUAN MATERAI OLEH PENGADILAN NEGERI PEKANBARU Prayudi, Arga; Jayakusuma, Zulfikar; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Stamp duty has an important meaning in society, that is with stamp duty, the stamped letter specified by the Act becomes a valid letter, meaning that without stamp duty as a certificate, for example a power of attorney, it is unaccepted as a valid authorization. Likewise in court proceedings, new letters can be used as a means of proof if stamped with those determined by the law. Stamp counterfeiting is detrimental to the government because stamp purchases are a kind of tax and stamp forgery results in a reduction in the state taxex.This research is a sociological legal research that is research that wants to see the unity between law and society with the gap between das sollen and das sein. This research was conducted at the Pekanbaru District Court, while the population and sample were all parties related to the issues examined in this study, the data sources used, primary data, and secondary data, the data collection techniques in this study were conducted through literature review interviews.in this thesis, three things that can be concluded. First, the application of sanctions against stamped offenders by the Pekanbaru District Court. Second, the factors which become obstacles faced in the application of criminal sanctions by the perpetrators of falsified criminal acts. Third, the efforts made in overcoming obstacles to the imposition of criminal sanctions against perpetrators of stamp fraud by the Pekanbaru District Court.Keywords: Application of Sanctions - Stamp Counterfeiting Criminal Acts
PERLINDUNGAN HUKUM TERHADAP PENGUNGSI (REFUGEE) ROHINGYA YANG BERADA DI INDONESIA SEBAGAI NEGARA YANG BELUM MERATIFIKASI KONVENSI TENTANG PENGUNGSI 1951 DAN PROTOKOL TAMBAHAN 1967 Mhd Irpan Pulungan; Evi Deliana; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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People who make the move or commonly called refugees can be in the form individual or groups. Refugees not only come from one region to another in the same country, however its not uncommon for refugees to move from one country to another in order to seek protection for their human rights both for themselves and relatives and family (groups). Indonesia is a country that has been affected by a wave of refugees in recent years. Indonesia is made a transit country to go third countries as a destination for refugees, because Indonesia is the most ideal place for refugee stops. The problem of refugees now is the influx of refugees from Myanmar, and one of the countries affected by the Rohingya ethnic displacement is Indonesia. Writing this thesis, namely: First, to find out the legal protection of Rohingya refugees who are in Indonesia. Second, to know the attitude and policy of Indonesia in dealing with Rohingya refugees in Indonesia as a recipient country that has not ratified the 1951 Refugee Convention and the 1967 Additional Protocol.This type of research can be classified, normative legal research type. because in this study describes clearly and in detail about the legal protection of Rohingya refugees in Indonesia. Data sources used are secondary data sources consisting of primary data, secondary data, and tertiary data, data collection techniques, namely library research, then the data collected is analyzed to draw conclusions.From the results of the research and discussion it can be concluded that, Firstly although Indonesia is one of the countries that has not ratified the rules regarding the 1951 Convention on Refugees and Additional Protocols in 1967, Indonesia as a country still provides protection. Where the Indonesian government gives authority to UNHCR and IOM to deal with the problem of refugees who are in Indonesia. One form of protection is to provide costs and meet the needs of refugees while in Indonesia. Second, Indonesia has set its attitude and policy in dealing with Rohingya refugees as recipient countries that have not ratified it by establishing the principle of non-refoulement. The principle of non-refoulement is the principle listed in article 33 of the 1951 Convention which contains a prohibition on the eviction and return of refugees. 125 of 2016.Keywords: Legal Protection, Rohingya Refugees, The 1951 Convention and The 1967 Protocol

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