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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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PENERAPAN SANKSI PIDANA BAGI PELAKU EKSPLOITASI ANAK SEBAGAI PENGEMIS DI KOTA PEKANBARU Septavio Thoyyiba Ridwan; Mukhlis R; Erdiansyah Erdiansyah
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

Children are both a mandate and a gift from God Almighty, who must always be guarded because they are inherent in their dignity and human rights which must be upheld. Children's rights are part of human rights contained in the 1945 Constitution of the Republic of Indonesia Articles 28A to 28J, the United Nations Convention on the Rights of the Child, Article 16 and Law of the Republic of Indonesia Number 35 of 2014 concerning Amendments. On Law Number 23 of 2002, concerning Child Protection in Article 4 to Article 19 concerning Children's Rights. The main problem in this research is how to apply criminal sanctions for child exploitation as beggars in Pekanbaru City, what are the obstacles in overcoming child exploitation as beggars in Pekanabru City and efforts to deal with obstacles for child exploitation actors as beggars in Pekanbaru City. The method used in this research is to use observational research by means of a survey, namely conducting research directly to the research location using data collection tools in the form of interviews. Meanwhile, when viewed from its nature, this research is descriptive, which means that it describes the facts studied about the factors of child exploitation crimes as beggars in Pekanbaru City and how are the efforts to tackle the crime of child exploitation as beggars in Pekanbaru City and what are the obstacles in overcoming child exploitation actors. as a beggar in Pekanbaru City.The result of this research is that the application of sanctions for child exploitation actors as beggars in Pekanbaru City has never or has not been brought forward to the investigation and investigation stage by the Police, because the application of criminal sanctions for exploitation actors must be first reported to the Police that children who experience losses due to this exploitation by parents or by irresponsible people. There are obstacles experienced by related agencies and the police in implementing sanctions, namely the Law which does not explain the limitations that can be said to be a criminal act of child exploitation. Efforts are made to overcome obstacles in implementing criminal sanctions, namely the need for socialization to all elements of society and individuals regarding the problem of child exploitation.Keywords: Application of Sanctions - Child Crime - Child Exploitation - Beggars
TINJAUAN YURIDIS UPAYA PENGEMBALIAN KERUGIAN NEGARA MELALUI PENJATUHAN PIDANA TAMBAHAN BERUPA UANG PENGGANTI DALAM TINDAK PIDANA KORUPSI DIKAITKAN DENGAN NILAI KERUGIAN NEGARA YANG DITIMBULKAN Weldy Marlius; Dessy Artina; Mukhlis R
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

Corruption is a familiar problem in the ears of the Indonesian people. Corruption causes a huge impact on state financial losses and impedes national development. The main purpose of the Law on combating corruption is to restore state losses. However, in practice, efforts to recover state losses have not been effective.The purpose of writing this thesis, namely: First, To find out how efforts to recover the losses of the State through additional criminal money substitute in criminal acts of corruption. Second, to find out how the ideal criminal concept is additional replacement money to recover state losses due to corruption.In this study the authors used a type of normative legal research. Normative legal research is legal research by conducting a study of existing materials. This study uses secondary data that is library data related to the object of research by conducting library research. Analysts used in this research use qualitative analysis.From the results of this study it can be concluded that, First In practice many cases are able to be proven by the public prosecutor in a criminal court of corruption but the return of state losses which is the goal of the Law on the Eradication of corruption itself is still far from expectations. Secondly, law enforcement against corruptors should be renewed, considering that up to now the law enforcers are still having difficulty in returning state losses caused by corruption.Keywords: Corruption-Returns State Losses
PERLINDUNGAN KESELAMATAN DAN KESEHATAN KERJA BAGI PEKERJA MEKANIK MOTOR DI PT. ALFA SCORPII KOTA PEKANBARU Rizki Safitra Sulistio; Mexsasai Indra; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Occupational safety and health is a program created for workers or laborers and employers for events caused by work relationships in the work enviroment by identifying thing that have the potential to cause accident and diseases due to work relationshipand anticipatory action in the event of a work accident by providing guidance compensation and increasing recognition of socio economic human right and physical protection through noorms within the company.The purpose of this study was to determine how to establish occupational safety and health protection for mechanics at PT Alfa Scorpii Pekanbaru and find out efforts to overcome obstacles to the implementation of occupational safety and health protection for motorized mechanical workers. The type of research the author uses is empirical or sociological legal research by directly conducting research at the location under study in order to provide a complete and clear picture of the problem under study. The conclusions obtained from the research result are first, regarding occupational safety and health protection for motorbike mechanic workers at PT. Alfa Scorpii pekanbaru, it has not been implemented properly. Second, there are inhibiting factors in the application of occupational in the form of human factor, facilities, and infrastructure. The suggestions obtained are first, company should further increase supervision of workers who do not use personal protectve equipment. Second, companies and workers must know more about the impportance of oupational safety and health.Keywords: Legal Protection, Occupational Safety and Helth, Motor Mechanics.
Penerapan Asas In Dubio Pro Reo Terhadap Pertimbangan Hakim Dalam Putusan Nomor: 423/PID.SUS/2015/PN.DUM Tentang Perkara Perambahan Hutan Situmorang, Poltak H; Deliana, Evi; R, Mukhlis
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

A reglation or law is just a device. Law in principle must be upheld to achieve justice. Judges as the last estuary of judiciary may not only be as mouthpieces or implementers of the law alone, but judges are required to be able to make legal discoveries so that a sense of justice in society can be achieved. As in the case of the forest encroachment by the defendant Ashari, the judge is expected to be able to make legal discovery and bring justice in his decision. Based on this understanding the authors formulated three problem formulations. First, what is the basis for the judge’s judgment in issuing decisions in the case of forest encroachment. Second, how judge’s should consider in deciding cases of forest encroachment in the event of a change of law. Third, how is the application of the principle in dubio pro reo by the judge in decision Number:423/PID.SUS/PN.DUM conerning the case of forest exploitation.The type of research or problem approach that will be used in this research is normative juridical. 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.The result of this study it can be seen that the legal consideratios by the judge determine what will be the decision of the defendant. Judges is passing verdicts cant merely consider what is contained in the laws and regulatios and facts at the hearing, but also pay attentions to any values and norms that exist and live in society. This justice is not only what is felt by the people but also justice for the environment (ecological justice). When examining the case of the existing laws and regulations its not completely perfect so that it can answer every legal problem that ccurs in the communty. Because basically legislation is only one stage in the process of legal formation. So for that, the judge needs to make the next stage of legal formation through the creation or this covery of the law to answer any existing legal flaws. In passing the verdict, the judges often have doubts about aplayingthe law to the defendant, in this case the judge must decide the things that are most beneficial for accused or are called the principle in dubio pro reo. In addition, the panel of judges can apply the principle in dubio pro natura. In addition to ensuring the fulfillment of human rights for everyone who is presented before a trial, also must pay attention to aspects of environmental protection.Keywords: Judge Consideration-Decision-Legal Discovery-Principle In Dubio Pro Reo-Principle In Dubio Pro Natura
Penegakan Hukum Terhadap Pelaku Penjualan Kosmetik Illegal Secara Online Oleh Balai Besar Pengawas Obat Dan Makanan (BPOM) Pekanbaru Fitrah Zaki Amri; Mukhlis R; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Online trading activity or what is called E-commerce is a transaction activity that uses electronic media as a means of connecting between business people and consumers, so that agreements or agreements that are created are through online. One example of items that are widely traded online is cosmetics. Cosmetic circulation is an activity or series of activities aimed at transferring hands, spreading cosmetics. So the right to circulate cosmetics is only certain people who already have a permit and criminal for those who distribute illegal cosmetics online without any permission based on Article 197 of Law No. 36 of 2009 concerning Health.Violations of illegal cosmetics sales sold online occurred in the 2017-2019 time span in Riau Province as many as 39 cases, this proves that there is urgency about the circulation of illegal cosmetics that circulate online in Riau Provision. Information on the illegal distribution of illegal cosmetics without online marketing authorization is obtained from public reports and / or BPOM Pekanbaru conducts surveys directly by monitoring both online through cyber patrols with takedown links and offline (Stores / sellers' houses operate). In this case BPOM Pekanbaru has the authority to conduct a search, seizure, crime scene, summons, examination, arrest and detention. BPOM Pekanbaru conducts law enforcement in the enforcement of online cosmetic product distribution practices in Riau Province, by coordinating with the PPNS / Police Korwas, Attorney's Office, District Court, Health Office, Satpol PP.The obstacle for the Pekanbaru Center for Drug and Food Control (BPOM) in enforcing criminal law against illegal cosmetics sellers without an online marketing permit is the lack of public awareness of the cosmetics content and the dangers to health, inadequate budgetary funds and inadequate human resources. . Efforts are being made to overcome obstacles in law enforcement of criminal acts against the sale of illegal cosmetics online without marketing authorization by the Pekanbaru Center for Drug and Food Control (BPOM) Pekanbaru is to optimize Law Enforcement, Strengthen and improve synergy through cooperation with stakeholders or other criminal justice systems, Collaborating with IdEA (Indonesian E-Comerce Association), Collaborating with cargo transportation services, Collaborating with the Ministry of Communication and Information and Socialization and counseling to the publicKeywords: Cosmetics, Online, Illegal, Without Circular Permit
PROBLEMATIKA HUKUM DALAM PENERAPAN SANKSI PIDANA KEBIRI KIMIA BAGI PELAKU TINDAK PIDANA KEKERASAN SEKSUAL TERHADAP ANAK DI INDONESIA Krisananda, Aldi; R, Mukhlis; Ferawati, Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Punishment against the perpetrators of sexual violence against children as stipulated in law number 17 of 2016 concerning the protection of Children, with the threat of punishment to a maximum of 20 years in prison until chemical castration punishment for perpetrators. Sexual violence against children in Indonesia continues to increase, with the passing of law number 17 of 2016 concerning child protection, which includes the punishment of medical ethics in Indonesia. In terms of human rights, chemical castration punishment is torture and humiliates human dignity, whereas in the medical code of ethich, chemical castration is a punishment that violates the doctor’s oath states that every doctor must prioritize the patient’s healthThis type of research is used by using normative juridical research, namely legal research conducted by examining the standard rules that have been recorded. The focus is to examine what are the problems in the application of chemical castration criminal sanctions in Indonesia.From the results of the study showed that castration punishment does not conflict with human rights because castration punishment is a prevention so that the perpetrator does not become a sexual predator. Castration punishment included in the combined theory of this theory considers the imposition of punishment in retaliation as well as fixing the offender so as not to commit a crime of sexual violence against children. And the executor of perpetrators of sexual violence against children is carried out by the Indonesian National Police through the Police Doctor (Dokpol) and the responsibility is no longer on IDI but on the State.Keywords: Human Right, Castration Penalty, Medical.
PENAFSIRAN HUKUM TERHADAP TINDAK PIDANA PENYEBARAN HOAX DALAM PERSPEKTIF HUKUM PIDANA Zhikrillah Zhikrillah; Erdianto Effendi; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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The legal provisions regarding hoaxes are in Act Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions governing the spread of hoaxes for violators may be subject to the following sanctions: Article 45 A paragraph 1, i.e. false and misleading news content, Article 45 A paragraph 2, which is a charge that causes hatred or hostility of certain individuals and / or groups of people based on ethnicity, religion, race, and between groups (SARA). Hoax is also regulated in Article 390 of the Criminal Code, only in terms of trade. Therefore, the formulation of the problem of writing this thesis, namely: first how is the interpretation of the law against the spread of hoax criminal law perspective? Second, can hoax distribution be subject to rules in terrorism laws?This type of research used in this study is normative, in this research the writer chooses a study of legal principles. Sources of data used, namely: primary data, secondary data and tertiary data. Data collection techniques namely the method of library research, as well as this study were analyzed using qualitative analysis.The conclusion that can be obtained from the results of the first research, Referring to Law Number 11 of 2008 concerning Information and Electronic Transactions, hoaxes are more appropriate if Law Number 11 of 2008 concerning Information and Electronic Transactions is applied, because in Law Number 11 of 2008 concerning Information and Hoax electronic transactions are widely regulated. Second, the spread of hoaxes can be subject to terrorism laws if investigators have proven that who is actually the perpetrators of hoaxes, are investigated against the background of the spread of hoaxes to the element of intentions that can make the public feel anxious and afraid, in addition there is a form of psychological intimidation from the spread of hoaxes the perpetrators. So if these elements are fulfilled, then it is concluded, the perpetrators are included as a terrorist network or only as a hoax spreader. However, if hoaxes are not involved in terrorist networks, law enforcement officials cannot apply Law Number 5 of 2018 concerning Eradication of Terrorism Criminal Acts. Suggestions are expected for the future of the Government of Indonesia to provide a broader definition and scope regarding the phrase "terrorism" and the phrase "hoax". And the government must classify a hoax as a criminal offense into several provisions. This is because the material on hoaxes can be diverse and the impact can be very detrimental to the public.Keywords: Legal Interpretation - Criminal Acts – Hoax
Gagasan Penerapan Undang-Undang Nomor 31 Tahun 1999 Juncto Undang-Undang Nomor 20 Tahun 2001 Tentang Pemberantasan Tindak Pidana Korupsi Dalam Penegakan Hukum Terhadap Korporasi Pembakar Hutan Dan Lahan Di Indonesia Sihombing, Mual Ady Putra; Effendi, Erdianto
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Forest and land fires that occur almost every year cause losses to the people of Indonesia rangingfrom health, social, ecological, economic and also disruption, the world bank (world bank) revealed thetotal loss of Indonesia the impact of forest and land fires during 2019 reached US $ 5.2 billion or equivalentto Rp. 72.95 trillion. The impact of forest and land fires is large, so law enforcement must be effective.Difficulties in law enforcement in the criminal environment which generally causes frequent failure of casesin court are regarding the presentation of evidence (proof) and the determination of the causal relationshipbetween the act and the consequences of the act (cause and effect). forest and land fires carried out bycorporations can be held accountable for using the Corruption Act to protect the interests of the state interms of returning state financial losses incurred due to forest and land fires. If using a law onenvironmental protection and management that protects the sustainable use of forests and land. So it isnecessary to carry out the idea of applying Law Number 31 of 1999 Juncto Act Number 20 of 2001concerning eradicating criminal acts of corruption against corporate forest and land burners in Indonesia.This type of research is a normative legal research that is research conducted with a literature studyor literature study in finding data. This research is descriptive in nature which provides detailed anddetailed data 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 are to explain that the application of environmental protection andmanagement laws is not optimal in law enforcement against criminal prosecution of forest and land burnersso that it is difficult to be held accountable, because forest and land fires have an impact on the country'sfinances or economy and environmental laws are very it is difficult to prove environmental crimescommitted by corporations so that there are often stopping investigation letters (SP3) against forest andland-burning corporations in Indonesia which causes law enforcement to be unimportant. Thus, cases offorest and land fires carried out by corporations can ensnare corporations and hold corporationsresponsible for forest and land burners. Article 2 of Law Number 31 of 1999 Juncto of Law Number 20 of2001 Concerning Eradication of Corruption. With the application of the Anti-Corruption Law, lawenforcement can work effectively and corporations can be held accountable and provide a deterrent effectfor forest and land-burning corporations. The idea or idea that the author offers for the law in the future isto be appled.Keyworlds : Implementation – Corporate – Coruuption.
PERLINDUNGAN HUKUM BAGI KONSUMEN TERHADAP PRODUK MAKANAN YANG TIDAK MEMILIKI SERTIFIKASI HALAL DI KOTA PEKANBARU Fendra Rizaldy Pratama; Zulfikar Jayakusuma; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

So far, both food products in the form of raw and ready-to-eat ingredients and drinks with a varietyof flavors and colors have been circulating widely on the market. The number of circulating productsrequires strong control from the government and related parties to ensure that food products on the marketmeet the proper standards and labeled halal for consumption. Therefore, consumers have the right to getinformation about the product content, ingredients made and halal products. will be consumed.This type of research can be classified in the type of sociological (empirical) legal research, becausein this study the authors directly conduct research at the location or place of study in order to provide acomplete and clear picture of the problem under study. This research was conducted research in PekanbaruCity. The reason the author chose the research location in Pekanbaru is because there are still manybusiness actors who have not included a halal label on the goods being traded. While the population andsample are the Chairperson of the Indonesian Ulema Council (MUI) of Riau Province, PekanbaruBreadtalk Employees and Pekanbaru Breadtalk Consumers. Data sources used are primary data andsecondary data. Data collection techniques in this study were interviews, questionnaires, and literaturereview.The conclusions that can be obtained from the results of the study are: First, the factors underlyingthe producers who do not carry out halal certification of their products in the city of Pekanbaru consist ofignorance and lack of understanding of business actors regarding the existence of Law Number 33 of 2014concerning Halal Product Guarantee, Actors Businesses Not Knowing the Procedures for Registering HalalCertification, Businesses that are Goed by Business Actors are still on a Small Business scale, Businessactors assume that the raw materials used in products are Halal, business actors or producers are dishonestand commit fraud or fraud to consumers and the level of public knowledge about halal label food productsis still low. Second, legal protection for consumers of products that do not have halal certification in the cityof Pekanbaru is not yet maximally implemented. This is indicated by the fact that there are still manyproducts that do not yet have certification and have not been labeled as halal. In addition, the emergence offake halal labels that do not meet the criteria for halal or not.Keywords: Legal Protection, Consumer, Food Products, Halal Certification, Pekanbaru
GAGASAN PERUBAHAN PERATURAN DAERAH NOMOR 1 TAHUN 2018 TENTANG TANGGUNG JAWAB SOSIAL DAN LINGKUNGAN PERUSAHAAN DIKAITKAN DENGAN UPAYA PEMBERDAYAAN PEREMPUAN DI KABUPATEN PELALAWAN PROVINSI RIAU Gustian Maulana; Emilda Firdaus; Evi Deliana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

The phenomenon of protecting women's rights is the main thing inwomen's empowerment through government policies by giving special attention towomen's empowerment. One of the most important things that can be utilized bythe Regional Government is the existence of Corporate Social and EnvironmentalResponsibility. However, the government program on the use of TJSLP does notspecifically lead to increasing women's empowerment in Pelalawan Regency,even though empowering women through the TJSLP program can foster creativityand quality of independent life and help the family economy, so that the welfare ofthe community will increase. As for the purposes of writing this thesis, namely:First, to find out the weaknesses of Regional Regulation No.1 of 2018 concerningCorporate Social and Environmental Responsibility in relation to efforts toempower women in Pelalawan Regency, Riau Province. Second, to find out aboutthe idea of amending Regional Regulation No.1 of 2018 concerning CorporateSocial and Environmental Responsibility in relation to efforts to empower womenin Pelalawan Regency, Riau Province.This type of research is sociological juridical research, which focuses onfield research. Sources of data used in this study are primary data, secondarydata and tertiary data.From the results of this study it can be concluded that the weakness of thisRegional Regulation is that there are no specific articles related to theimplementation of TJSLP for women's empowerment efforts, a universal meaningof community empowerment, and the inefficiency of corporate socialresponsibility forums. As well as the idea is to clarify the objectives of theRegional Regulation, maximize the TJSLP forum, and optimize the role of womenby participating in the implementation of TJSLP.Keywords: Women's Empowerment - Corporate Social and EnvironmentalResponsibility - Regional Regulation Number 1 of 2018 concerningCorporate Social and Environmental Responsibility

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