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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
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REFORMULASI TINDAK PIDANA POLITIK UANG KAJIAN TERHADAP PASAL 523 UNDANG-UNDANG NOMOR 7 TAHUN 2017 TENTANG PEMILU Aryanto, Fickry; Firdaus, Emilda; R, Mukhlis
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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In the context of upholding democracy, efforts to protect the integrity of elections are very important. When looking at the latest standards (compliance and enforcement of election laws), it is important to ensure fair elections. Adamya several cases of money politics in the election practice in damaging the administration of the election itself. Thus, money politics is categorized as a serious problem in the election. That is because money politics has a bad impact on elections and strengthening democracy.This type of research can be classified in normative legal research, namely legal research conducted by examining library materials. This study examines the subject matter in accordance with the scope and identification of problems through a statute approach carried out by examining the laws and regulations relating to the legal issues under study. In this study the authors conducted a study of legal principles by utilizing descriptive methods. The data collection technique used is the method of researching library data that is utilizing the library as a means of collecting data, by studying books as reference material related to the problem to be studied.The conclusion that can be obtained from the results of the study is the regulation of criminal law against money politics based on Article 523 of Law Number 7 of 2017 Regarding Elections, which is still unclear and unequivocal. Highlighting the weaknesses of regulations regarding money politics in the 2019 elections. Law Number 7 of 2017 concerning Elections has not been able to punish all people who have been proven to receive or give money for political purposes. People who can be punished are those who do money politics and are listed in the success team. Cases of money politics committed in the conduct of elections but cannot yet be sanctioned due to limitations of the law in regulating money politics crimes. An ideal arrangement for money politics based on positive Indonesian law is urgently needed in order to achieve free and fair elections. Therefore mistakes or weaknesses at the policy / legislation / formulation stage are strategic errors that can become obstacles to law enforcement efforts. Renewal of criminal law in the context of overcoming crime becomes very important, because mistakes in substance or formulations are very strategic mistakes for mistakes in the next stages.Keywords: Reformulation, Crime, Money Politics, Elections
PERLINDUNGAN HUKUM BAGI KONSUMEN TERHADAP HARGA ECERAN TERTINGGI (HET) GULA PASIR DI PASAR CIK PUAN KOTA PEKANBARU Albinus Siahaan; Hayatul Ismi; Hengki Firnanda
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Business actors often use consumers as objects of business activities to reap the maximum benefits. Usually business actors carry out promotional tips, sales methods, and implementation of standard agreements that harm consumers. However, in reality, education for consumers is still relatively minimal and consumers' awareness of their rights and obligations is still low. Sugar is an important commodity for Indonesia. Apart from being one of the staple foodstuffs, sugar is also a source of calories for people besides rice, corn and tubers. As the main sweetener, sugar is also used as a raw material in the food and beverage industry. Until now, the existence of artificial sweeteners and other sweeteners can not completely replace the existence of sugar.The problems that the authors make the basis for in this study are how to protect sugar consumers in Cik Puan Market, Pekanbaru City based on the Regulation of the Minister of Trade of the Republic of Indonesia Number 96 of 2018 concerning Reference Purchase Prices at Farmers' Level and Reference Sales Prices at the Consumer Level and Law Number 8 of 1999 concerning Consumer Protection and what efforts can be made by consumers on the sale of sugar in Cik Puan Market, Pekanbaru City This type of research used by the author is sociological legal research, which is also called doctrinal legal research. This normative research is a study that discusses legal principles, legal systematics, the level of legal synchronization, legal history and legal comparisons.From this sociological legal research, the author is interested in conducting research using legal systematic criteria. The results of Article 8 paragraph 1 letter f of Law Number 8 of 1999 concerning Consumer Protection which states that business actors are prohibited from producing and / or trading goods and / or services that do not include promises that are stated on the label, etiquette, description of the goods and / or services. Article 62 paragraph 1 of Law Number 8 Year 1999 concerning Consumer Protection, business actors who violate this are subject to a maximum criminal sentence of 5 (five) years or a maximum fine of IDR 2,000,000,000 (two billion). Second, in the efforts of consumers to get consumer protection against the sale of sugar above the highest retail price, they can make a report to related parties, in this case the Pekanbaru City Trade Office.Keywords: Market, HET, Sugar
PENEGAKAN HUKUM TERHADAP KASUS POLIGAMI SECARA NIKAH SIRI BERDASARKAN PUTUSAN HAKIM PADA PERKARA NOMOR 363/PID.B/2013/PN.Tng DAN PERKARA NOMOR 114/PID/2007/PT.Btn Nurdianti, Nurdianti; Jayakusuma, Zulfikar; Ferawati, Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Polygamy is a marriage where a partner of the sex who has more than one partner at the same time with the terms and conditions. In Article 279 of the Criminal Code it has been stated that prohibiting marriage more than once will be punishable by imprisonment of 5 (five) years if it does not meet the requirements. In decision number 363/Pid.B/2013/PN.Tng which recognizes the validity of Siri marriage and decision number 114/Pid/2007/PT.Btn which does not recognize the validity of Siri marriage against polygamists.This research uses library research method. This research was conducted by examining the laws, documents and literature relating to the research material. The research approach used in this research is descriptive analysis, which uses research on the systematic system of law and examines the norms that exist in criminal law and criminal law rules, especially the Criminal Code (KUHP) and Law 1 of 1974 concerning Marriage, then the data will be analyzed based on normative-juridical.From the results of research and discussion it can be concluded that, Firstly, law enforcement in the decision of the judge against the polygamist perpetrators with case number 363/Pid.B/2013/PN.Tng that the Panel of Judges has been right in examining and deciding the case. Whereas in the decision number 114/Pid/2007/PT.Btn that the Panel of Judges was negligent in examining and deciding the case. The judge's interpretation in the above ruling is to acknowledge the validity of the marriage and not acknowledge the validity of the marriage itself. Whereas the factors causing the uneven uniformity of the judge's decision are that the judge has freedom in deciding the case, the judge's self, and the thought contingency of the judge.Keywords: Polygamy, Siri Marriage, Judge's Decision
TINJAUAN YURIDIS PERTANGGUNGJAWABAN PIDANA KEJAHATAN CYBER ILLEGAL CONTENTS DALAM JASA PAID PROMOTE DI MEDIA SOSIAL Halilintar Halilintar; Mexsasai Indra; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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E-Commerce activities are not an unusual thing in people's lives, but have become routine along with the development of information technology. The presence of social media makes it very easy for the public in all activities, both information exchange and business transactions. Business transactions that have become an existence for writers, namely Paid Promote and Endorse, are promoted by public figures in social media applications, namely Instagram.However, in online transactions there are still many victims of fraud as a result of E-Commerce which is promoted by promoted and endorsed actors. So far the authors have reviewed according to Article 45A paragraph 1 of Law Number 19 of 2016 on amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions, which have not clearly and clearly regulated the types of crimes of Cyber Illegal Content with the modus operandi of services paid to promote in the media social. As a result, the perpetrators cannot be held responsible for the crime.This type of research is normative legal research, namely using library research in data search and examining the subject matter according to the scope and identification of problems through a statutory approach carried out by examining statutory regulations and regulations related to the legal issues under study.The result of this research is that the promoted and endorsed offenders can be convicted if they fulfill the elements of a criminal act with a fraud mode that is misleading consumers as regulated in Article 45A paragraph 1 of the ITE Law and if they are proven to be deceiving and misleading others, they can be held responsible for the crime who feel aggrieved and troubled by the crime of participation as regulated in Article 55 of the Criminal Code concerning Inclusion of Crimes.Keywords: Criminal Accountability Crime- Cyber Illegal Contents in Paid Promote on Social Media.
KONTRIBUSI HUKUM ISLAM TENTANG MENENTUKAN MASA IDDAH DALAM UNDANG-UNDANG PERKAWINAN DI INDONESIA Novia Fatriyani; Firdaus Firdaus; Emilda Firdaus
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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One of the problems faced by the Indonesian people today is the crime of sexual violence. Pedophiliaas a sexual orientation by liking minors. As a distorted orientation and contrary to applicable norms.Pedophile behavior often leads to sexual violence. Based on the characteristics that exist that the ability toseduce a reliable pedophilia that can deceive children and the nature of pedophiles who love to movelocations cause this to make it not an ordinary crime. Very often cases of pedophile crime appear and arerevealed after the number of victims who report. The effects of pedophilia crimes lead to mental trauma,genital and rectal injuries and the potential to be a future offender for victims for boys. In GovernmentRegulation in Lieu of Law Number 1 of 2016 on the second amendment of Law No. 23 of 2002 Regardingchild protection, it allows additional penalties to announce the identity of the offender. as a form ofdeterrent effect and protection to the community, but there is no formal criminality in the form ofimplementation so that the ideal concept is needed so that additional punishment can be carried outThis type of research is a normative legal research that is using literature study in finding data. Thisresearch is descriptive in nature which tries to provide detailed and detailed data on the existing problems.In writing this research using qualitative data analysis which means explaining and concluding about thedata that has been collected by the author. This study uses secondary data or scientific data that has beencodified.The results of this study are to explain that the material penalties for additional sentences announcingthe identity of the perpetrators have been clearly regulated. but for formal criminal arrangements have notbeen clearly regulated. thus causing additional punishment is not perfect. The author provides an idealconcept in the form of announcements of identity given to the public through mass media, print and socialmedia, Announcement of identity is also given to educational institutions and the Ministry of Law andHuman Rights. announcements of identity are also given through the website managed by the Indonesianchild protection commission. Announcement of identity is done in order to reduce the level of pedophilecrime and provide protection for children and society.Keywords: Announcement Of The Identity Of The Offender - Additional Punishment - Pedophilia.
IMPLEMENTASI PASAL 277 UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN TERHADAP ANGKUTAN BARANG YANG OVERDIMENSI DI WILAYAH KABUPATEN KAMPAR Aprianti, Gusni; Effendi, Erdianto; Putri, Adi Tiara
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Overdimensional vehicle is a vehicle modified which is conducted by people top workshop basic request from the vehicle owner this overdimensional vehicle modified body height and width plus aims to be able to transport loads which uses less cost. The formulation of the problem in this research is how is the implementation of Article 277 of Law Number 22 Year 2009 concerning Road Traffic and Transportation in the Kampar District Region, and what are the obstacles and efforts to implement Article 277 of Law Number 22 Year 2009 Concerning Traffic and Road Transportation in the Kampar District Region. This research is classified into sociological legal research viz approach the problem under study with the nature of the real law or in accordance with the reality of life in society, this study wants to see the correlation between law and society so that it reveals the effectiveness of law enforcement in society.Implementation of Article 277 of Law Number 22 Year 2009 concerning Road Traffic and Transportation, the sanctions provided for in article 277 have never been applied, So far, in Kampar regency, vehicles that are overdimensional when they are caught in raids are only given tickets or administrative sanctions. Obstacles and efforts to implement Article 277 of Law Number 22 Year 2009 Concerning Traffic and Road Transportation in the District of Kampar, many vehicle owners don't know that overdimensional vehicles can endanger the lives of others, and they don't know much about the rules governing overdimensional vehicles, many vehicle owners who depend on their vehicle for their needs, that is what makes it difficult for law enforcers to apply article 277. The first attempt is to explain or provide socialization to vehicle owners and drivers about overdimensional vehicles and also to explain anything caused by overdimensional vehicles, good cooperation between the transportation department and the police, and impose strict sanctions on vehicle owners who have recorded their vehicles several times.Keywords: Implementation - Overdimensions - Freight Transport
TINJAUAN YURIDIS TERHADAP PELAKSANAAN FUNGSI KEPALA BIDANG TATA RUANG DINAS PEKERJAAN UMUM DAN PENATAAN RUANG KABUPATEN PELALAWAN BERDASARKAN PERATURAN BUPATI NOMOR 16 TAHUN 2016 Riza Megia Lestari; Mexsasai Indra; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Supervision and Spatial planning that are not properly implemented in Pelalawan district in accordance with law No. 16 of 2016 regarding the position, organizational structure, duties and functions, as well as work service and spatial planning for Pelalawan Regency of course it will cause a lot of spatial planning problems that occur in Pelalawan district. Problems that arise due to poor spatial planning in Pelalawan Regency, such as; floods, air pollution, lack of supervision and monitoring of spatial use and many other problems related to lack of spatial planning supervision. So the need for the Head of Spatial Planning to supervise the existing spatial planning in Pelalawan Regency. The type of research that the author uses is sociological juridical, which is a research approach that emphasizes the legal aspects related to the subject matter to be discussed, associated with the reality that occurs in the field. In this case the authors conducted research on the Spatial Planning Sector of Pelalawan Regency and the Public Works and Spatial Planning Office of Pelalawan Regency regarding the problems of spatial planning supervision in Pelalawan Regency. From the results of this study it can be concluded that there are three main problems. First, to carry out the duties of the Head of Spatial Planning which is regulated in Regent Regulation Number 16 of 2016 concerning Position, Organizational Structure, Duties and Functions as well as Work Procedure of the Public Works and Spatial Planning Service, Ppelalawan Regency has the function of controlling and supervising the utilization of Detailed Spatial Planning (RDTR) , building and environmental plans (RTBL). The two factors that become obstacles to the Head of the Spatial Planning Division of Pelalawan Regency are Human Resources, Fund Allocation, Policy, Facility and Infrastructure Factors, and Community Legal Awareness. The third effort that the Head of the Division can make in realizing good spatial planning supervision in Pelalawan Regency is to make rules related to the use of green open space (RTH), supervise the use of spatial planning, disseminate information about spatial planning to the community, supervise control over spatial use.Key words : Supervision, Head of Division, Spatial Planning.
TINJAUAN YURIDIS PELANGGARAN HAK CIPTA ATAS FILM MELALUI APLIKASI MEDIA SOSIAL Arfiana, Tiara; Deliana, Evi; Erdiansyah, Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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The development of technology, especially in the field of telecommunications and information that is sweeping the world today is inevitable. It is also undeniable, these developments affect the order, less balanced with a good and adequate understanding of technology, especially in a legal perspective.This type of research can be classified in the type of normative legal research, studying the legal principles contained in Law Number 28 of 2014 concerning Copyright. By its nature, this legal research is descriptive in nature, describing and describing all data obtained from the results of a literature study relating to the title of a legal writing that is clearly and in detail then analyzed to answer the problem under study.From the results of research and discussion it can be concluded that, First, the use of social media application services when screening films in the cinema can be categorized as copyright infringement on film or cinematography, because the use of these services violates moral rights and economic rights in which these rights are elements most important in copyright. The use of social media applications when screening films in theaters can be categorized as copyright infringement because of violations of moral rights, because the perpetrators do not retain the rights of the creator in the modification of the creation (film). Whereas in violation of economic rights, the perpetrators announce, duplicate, broadcast the work (film) without permission to the creator and use the service for commercial purposes. Second, the criminal liability of film piracy actors through social media applications is already contained in Law Number 28 of 2014 concerning Copyright specifically contained in Article 112 and Article 113, but the laws and regulations governing in detail and can ensnare perpetrators with criminal sanctions not yet available, because based on the provisions of this article the perpetrators of copyright infringement can be convicted if the action is taken for commercial gain.Keywords: Copyright - Film - Social Media.
TINJAUAN YURIDIS UNDANG-UNDANG NOMOR 20 TAHUN 2001 PERUBAHAN ATAS UNDANG-UNDANG NOMOR 31 TAHUN 1999 TENTANG PEMBERANTASAN TINDAK PIDANA KORUPSI TEKAIT DENGAN PENJATUHAN SANKSI PIDANA TERHADAP KORUPSI MENURUT PASAL 2 DAN KORUPSI MENURUT PASAL 3 DESTI SYAF PUTRI; Emilda Firdaus; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Corruption is a form of misappropriation of state money or a company for the personal benefit of a group or a type of corruption can be seen in the corruption eradication law that is law number 20 of 2001 amendments to law number 31 of 1999 as for examples of types of corruption eradication, namely corruption contained in article two and article three. The difference between corruption contained in article two and article three is the legal jek soup where in article two the law is ready for everyone while in article three the legal subject is everyone who has a position or position or means avaible to him or can categorized as state officials, another difference is that the minimum criminal formula, especially in article two, yhe specific minimum criminal is higher than in article threeThis type of research can be classified in the type of normative legal research or literature study because this research conducts research on the level og legal synchronization.From the results of research conducted it can be concluded that the imposition of special minimum criminal sanctions in article two and article three is not in accordance with the value of justice and legal certainty because the specific minimum criminal in article two whereas the biggest opportunity for corruption carried out by legal subjects contained in article three and it should be necessary to renew the law on the eradication of corruption, especially in the formulation of special minimum criminal in article two and article three of the law on eradicating corruption.Keywords : Eradication – Criminal Act – Corruption – Criminal Sanctions
ANALISIS KEBIJAKAN DERADIKALISASI DI LEMBAGA PEMASYARAKATAN TERHADAP PELAKU TINDAK PIDANA TERORISME DI INDONESIA Saputra, Yayan; Jayakusuma, Zulfikar; Rahmadan, Davit
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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The criminal act of terrorism is a crime against humanity that results in damage to infrastructure, the emergence of anxiety in the community and increasing suspicion among religious communities. Many observers say the emergence of terrorism stems from radicalism. Radicalism is an attitude that craves total change and is revolutionary by reversing drastic values through extreme violence and actions. To eradicate criminal acts of terrorism, Indonesia uses two methods, namely a harsh approach through Detachment 88 as the executor. And the only soft approach through BNPT as the implementer. The soft approach used by the BNPT is counter radicals and deradicalisation. Deradicalization is changing the ideology of a person who was previously radical to no longer radical. This de-radicalization is done inside the prison and outside the prison.This type of research is classified in the type of normative legal research, namely research on the effective law that is currently in effect, the nature of this research is descriptive, that is to describe systematically, the facts and characteristics of the object being studied appropriately. Sources of data used are primary and secondary data, data collection techniques used are through library research sourced from legislation, books, official documents, publications, and research results.Based on the results of the study there are main problems that can be concluded that first, the lack of knowledge of prison officers in dealing with terrorist prisoners. Second, not all terrorist inmates want to join the deradicalization program. Third, mixing terrorist inmates with other criminal convicts in one prison. And fourth, there are people who do not want to accept ex-convicts and their families back in their midst. Suggestion writer, the BNPT should provide training and knowledge to prison officers in dealing with terrorist prisoners, prison officers or the BNPT must find a solution so that every terrorist prisoner wants to participate in the de-radicalization program, place terrorist prisoners in prison that only contain terrorist prisoners and educate the public about implementation of the de-radicalization program in prison so that there is no negative stigmatization of former terrorist inmates who return to the society.Keywords: Criminal Acts of Terrorism, Radicalism, Deradicalization