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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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AKIBAT HUKUM PENGANGKATAN ANAK BERAGAMA ISLAM TIDAK MELALUI PENETAPAN PENGADILAN AGAMA DI DESA TELUK LATAK KECAMATAN BENGKALIS Nurul Izzayu; Hayatul Ismi; Riska Fitriani
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

Adioption of a child is a legal act that diverts a child from the environment of the authority of a parent, legal guardioan or other person who is responsible for the care, education and raising of the child into the foster parent’s family environment. Appointmen of children must be carried out by legal process throught the establishment of a court. So that later child adoption events obtain legal certainty for adopted children and adoptive parents. But the adoption of children that occurred in the village of Teluk Latak Bengkalis district only with agreement of both parties between adoptive parents and biological parents who did not pay attention to the legal consequence that occur after the adoption of children. The problem in this research, namely : first, what are the factors that cause the community in the village of Teluk Latak Bengkalis district to appoint islamic children not through the establishment of the religious court? Second, what is the consequence of the legal ruling on adopting islamic children who do not pass the stipulation of the religious court.This type research can be classified in the type of sosio;ogical research, because the authors directly conduct research on the location or point being examined to provide a complete and clear picture of the problem being examined. This research was conducted in Teluk Latak village Bengkalis district, while the sample population was all parties related to the problem examined in this study, the data source used, primary and secondary data, data collection techniques in this study by interviewing, literature review and analysis data.From the research, there are two things that can be concluded. First, the factors taht cause the community in the village of Teluk Latak Bengkalis district to appoint islamic shildren not through the establishment of the religious court. Second, due to the law on the appoinment of islamic children who do not go through the establishment of the religious court. The writer suggests, there is a need for legal counseling in the village teluk latak about the obligation of adoptive parents to apply for adoption of children in relegious courts.Keywords: Adoption of Children Not Through Court- Teluk Latak Village
PEMIDANAAN PALING SINGKAT PELAKU TINDAK PIDANA KORUPSI DI PENGADILAN TINDAK PIDANA KORUPSI PADA PENGADILAN NEGERI PEKANBARU Rizadi, Nadila; Indra, Mexsasai; Rahmadan, Davit
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Corruption is one particular crime that is serious, organized that has caused serious problems and threats, because it can endanger the stability and security of the country. In eradicating criminal acts of corruption, judges as law enforcers have the power of the judiciary to hold justice in order to uphold law and justice by recognizing the principle of free and impartial justice. In imposing a sentence the judge is free in searching for the sentence that was handed down to the accused properly. In the context of the judge's freedom to determine the severity of the sentence where he can move within the maximum limits of the sentence or to choose the type of sentence, it can be stressed that these reasons, both made the basis for the burden of the sentence or to ease it. In its application, judges tend to impose corruption cases with minimal punishments both in Article 2, Article 3 and Article 12 of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning Eradication of Corruption.The purpose of writing this thesis, namely; First, knowing the conviction for perpetrators of corruption under Law Number 31 of 1999 concerning Eradication of Corruption in the Corruption Court at the Pekanbaru District Court, Second; find out that judges tend to impose the shortest criminal sentences of corruption perpetrators in the Corruption Court at the Pekanbaru District Court.From the results of the research based on two problem formulations it can be concluded, First, in the implementation of judges, the criminal act of corruption is in accordance with the provisions of the applicable law. As the basis for the judge in deciding a case of corruption is referring to Law Number 31 of 1999 jo. Law Number 20 of 2001 concerning Eradication of Corruption Acts as material law and Act Number 8 of 1981 concerning Criminal Procedure Law as formal criminal law, as well as Law Number 48 of 2009 concerning Judicial Power. Second, in the implementation of criminal punishment for perpetrators of corruption under Law Number 31 of 1999 jo. Law Number 20 of 2001 concerning Eradication of Corruption. Criminal is known as the shortest and longest. Which stipulations regarding criminal sanctions in the Act are relatively none that are formulated extraordinary (extraordinary) either related to the severity or related to the type of criminal. So that we can see the legal culture of judges and the paradigm of judges thinking in passing verdicts. In the legal culture of judges there are 3 typologies: first Judge typology (1): Positivistic and Nonpositivistic, second Judge typology (2): Textual and Contextual, third Judge typology (3): Materialist, Pragmatic, and Idealist.Keyword : Criminal Act, Corruption, Criminalization
PENGARUH PRILAKU MENYALAHKAN KORBAN DALAM TINDAK PIDANA KESUSILAAN DI INDONESIA Muhammad Iqbal; Emilda Firdaus; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

The culture of blaming the victim is so prevalent that many victims of sexual harassment are afraid to report their cases. Some victims may worry that they will be stigmatized. The victim is considered to have damaged the good name of the family or institution. They could even be criminalized for reporting acts of harassment or rape.The purpose of this study is to determine the behavior of blaming victims against law enforcement in Indonesia and to determine legal protection for victims of criminal acts of decency so that they do not become victims in the Indonesian Criminal Justice System. The research method used in this research is normative legal research method. The data obtained from this research are primary data, secondary data, and tertiary data which are processed qualitatively.Based on the results of this study, the provisions of the parties that provide protection for victim blaming victims (victims who are blamed) include, First, the state is considered as one of the important factors because the state has the authority and ability to guarantee the safety of victims. Second, community service providers, in fulfilling the victim's mental state, require community services. Third, society, in fact the community has enormous potential in providing protection and support for victims.Keywords: victim, blame the victim, law enforcement
PELAKSANAAN FUNGSI PENGAWASAN YANG DILAKUKAN OLEH BAPAS TERHADAP PELAKU TINDAK PIDANA ANAK YANG TELAH MENERIMA KESEPAKATAN DIVERSI DI WILAYAH HUKUM KEPOLISIAN INDRAGIRI HULU Mardiansyah, Khairil; Deliana, Evi; R, Mukhlis
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Regarding the examination of the reported, the investigator asks the reported party to be accompanied by the Bapas and Legal Counsel. During the examination process at the lidik level, Bapas was not present to supervise and assist children. From the information of the police investigator, Inhu said that Bapas was not present to supervise and assist children in the examination process at the level of investigations in taking children's information.This research uses a sociological juridical approach. Sociological juridical research or empirical research is an approach by looking at the facts that occur in the field. While the nature of the research is descriptive which aims to provide a clear picture of the problem under study.The implementation of the supervisory function carried out by the Bapas against the perpetrators of child crimes, the implementation rules of diversion, the implementing rules in a legal policy are very important. With regulations, law enforcement officers have guidelines for taking action. In the case of children, diversion is a very important policy applied to protect children from the formal justice process. However, sometimes the authorities still hesitate to do it. This is due to community demands, politics, or other matters that are taken into account by the authorities. The authorities are also afraid of being blamed in the future if the perpetrator repeats his actions. The public is also still pessimistic that the apparatus diversion policy will harm the interests of certain parties. Constraints in the implementation of the supervisory function carried out by Bapas, Internal Obstacles, namely different understanding, lack of cooperation between the parties involved, ethical problems and bureaucratic obstacles, coordination between law enforcement officials and there is no common perception among law enforcement officers.Keywords: Supervision - Correctional Center – Children
PELANGGARAN TERHADAP KETENTUAN TENTANG PEMANFAATAN SUMBER KEKAYAAN HAYATI PERIKANAN INDONESIA DI WILAYAH PERAIRAN ZONA EKONOMI EKSLUSIF DI LAUT NATUNA UTARA Utin Rahmah Indah Pratiwi; Zulfikar Jayakusuma; Widia Edorita
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

The abundance of marine biological resources and the position that borders directly with other countries with the North Natuna Sea has resulted in many foreign fishing vessels violating the provisions by utilizing biological resources without the permission of the Indonesian state. This study regarding the provisions regarding the utilization of Indonesia's fishery biological resources in the waters of the Exclusive Economic Zone in the North Natuna Sea aims to find out the provisions that are violated and the efforts made in overcoming and reducing the number of fisheries violations.This type of research can be classified in the type of sociological 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 under study. This research was conducted in the West Maritime Zone Bakamla, Lantamal IV Tanjung Pinang, PSDKP Batam, the Marine and Fisheries Service of the Riau Islands Province and the POLDA Dipolairud Riau Islands, while the population and sample are all parties related to the problems examined in this study, the source of the data used, primary data, secondary data, and tertiary data, data collection techniques in this study with observation and interviews.From the results of the study as follows: the provisions violated 182 foreign fishing vessels in the North Natuna Sea in the 2016-2018 period were fishing without permits, the use of prohibited fishing gear, containing protected fish. Whereas the efforts to impose strict sanctions in the form of confiscation, fines or destruction of evidence, establish cooperation with fishermen, monitoring through MSC (Monitoring, Control and Surveillance), officers conduct routine patrol and the government adopts or international regulations. While the obstacles include the lack of fleets and patrol support facilities and the small number of Fisheries PPNS that cannot cover the vast North Natuna Sea.Keywords: EEZ, Biodiversity Resources, Fisheries, Violations, UNCLOS, Foreign Fishing Vessels
PELAKSANAAN WEWENANG WAKIL BUPATI PADANG LAWAS PROVINSI SUMATERA UTARA MENURUT UU NO 23 TAHUN 2014 TENTANG PEMERINTAHAN DAERAH Harahap, Adrian Hadi Putra; Indra, Mexsasai; Deliana, Evi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

With the background of the occurrence of conflict and disunity between the RegionalHead and Deputy Regional Head in Padang Lawas Regency which originated from the tidsk theRegional Deputy Head is involved in the administration of government so that the writer isinterested in researching it.The research method used in this thesis is a sociological legal research that is classifiedin the category of observational research (observational research). With Padang Lawas Regencyas the research location, but the authors chose the Regional Head and Deputy Regional Headwho carry out governmental tasks in Padang Lawas Regency with consideration, while thepopulation in the study was the Regional Head and Deputy Regional Head who served in thePadang Lawas Regency 2019-2024 service period as well as other authorized officials such asAssistant for Government, Head of government, Head of Law. Because the entire population ispossible to be sampled, the authors conducted a total sampling method in this study. While thesource of data in research is primary data obtained from samples and research locations usinginterviews, field observations and secondary data through literature studies and other primarylegal materials.The results of this study are that the Implementation of the Authority of the DeputyRegional Head in Law Number 23 Year 2014 is not clearly regulated because it only explains thegeneral description of the tasks of the Regional Head and Deputy Regional Head, while theauthority of the Deputy Regional Head, is only a delegation and mandate from the RegionalHead whereas the implementation of the division of authority of the Regional Head and DeputyRegional Head in Padang Lawas Regency is not going well which has implications for theoccurrence of conflicts and divisions due to the weak legislation that governs the distribution ofthe authority of Regional Heads and Deputy Regional Heads, both in the form of Laws Law, PP,PERDA, the source of authority granted Law Number 23 year 2014 on Regional Government toDeputy Regional Heads is only mandate / delegation authority not attribution, weakconstitutional basis for the existence of Deputy Regional Heads in the Constitution and politicalagreements such as financial and financial resources PEMILUKADA.The author's suggestion, in order to realize the objectives of regional autonomy theauthors suggest to the Parliament as a UUD 1945 Constitution by clarifying the existence of theDeputy Regional Head in the structure of regional government in Indonesia and strengtheningthe duties and authorities of the Deputy Regional Head in the form of legislation so that it has aposition and authority the stronger one.Keywords : Authority – Deputy Region Head – Regional Goverment
PELAKSANAAN PERJANJIAN ASURANSI NELAYAN KECIL DI KABUPATEN BENGKALIS PADA PT ASURANSI JASINDO CABANG PEKANBARU Devi Satria; Maryati Bachtiar; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

Fishermen are jobs that have a high level of risk, such as bad weather changes and problems that can occur when fishing, and spending money to meet the needs of daily life. The purpose of this study was to study the guarantee of safety for small fishermen through independent fishermen insurance, find out the rights and obligations between the guarantor and small fishermen in obtaining Safety. Fisherman insurance is regulated in the Law on Insurance Number 40 of 2014. Specific regulations on fisheries insurance concerning Law Number 7 of 2016 concerning Protection and Empowerment of Fishermen Insurance for Fishers, Fish Farmers, and Salt Farmers. This study specifically discusses fisherman insurance for small fishing communities. Entering a fisheries insurance agreement is carried out with premium payments paid by small fishermen, without government subsidies / assistance.The research carried out is a sociological legal research that is research that starts with the process of revealing the truth using basic concepts in sociology known as science, and taken from secondary data by processing data from primary legal materials, secondary legal materials, and legal materials tertiary. Research location in Bengkalis Regency, Riau Province. The recommendations used are juridical-sociological, namely research conducted on real situations in the Department of Maritime Affairs and Fisheries (DKP) and local fishermen in the Bengkalis Regency fisheries area.The results of this study regarding the research work agreement by PT Asuransi Jasa Indonesia (Jasindo) Pekanbaru Branch. Implementation of the rights of fishermen in obtaining safety here is less than the awareness and knowledge of the people in Bengkalis Regency to improve the clauses in the policy the Insurer does not give an understanding to small fishermen about things that are excluded in insurance coverage. To the PT Asuransi Jasindo Pekanbaru Branch to explain things that are excluded in the independent fisheries insurance policy, so that the rights of small fishermen can be accounted for according to the Law.Keywords: Fishermen Insurance, PT Asuransi Jasindo, Small Fishermen
KAJIAN HUKUM DUALISME KEWENANGAN DALAM PENEGAKAN HUKUM TINDAK PIDANA PERIKANAN SETELAH DITETAPKAN- NYA UNDANG-UNDANG NOMOR 45 TAHUN 2009TENTANG PERIKANAN Abdi Afriando; Zulfikar Jayakusuma; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

The existence of Indonesia as one of the largest archipelagic countries in the world is a gift from God Almighty who created and is also the owner of the universe. On the third issue requires the establishment of fisheries courts throughout the territory of the Republic of Indonesia fisheries management. In this case the implementation of law enforcement in the fisheries sector becomes very important and strategic in order to support fisheries development. The spirit of the formation of this special justice is also based on the spirit to overcome the crisis of "powerlessness" of the existing justice institutions in responding to various legal issues, especially those related to law enforcement of fisheries criminal acts.The type of research or approach used by the author is normative legal research. Normative legal research is library legal research, in this normative legal research the authors conduct research on legal principles, namely the principle of justice which is simple, fast and low cost. Where the author is guided by the provisions in force. The data source used by the author in this study is secondary data.Settlement of fisheries cases according to Law Number 45 of 2009 concerning Fisheries in court after the investigation files have been submitted by investigators in the field to be transferred to the prosecutor begins since the investigation case files are declared complete, with a maximum time limit of 30 days the public prosecutor submits the case to district court (Article 76 paragraph (9) of the Fisheries Law). By observing that the suspect can only be detained for a maximum of 20 days and the maximum time limit for the prosecution is 30 days, it seems that the public prosecutor in processing the prosecution of fisheries cases has a choice, will use the detention time or the time limit for the prosecution to settle the case. The problem that arises then is when a region that does not have a fisheries court must resolve the problem of fisheries criminal acts through a district court.Settlement of fisheries criminal cases in Indonesia as regulated in Act Number 45 of 2009 concerning Fisheries which states that fisheries court is a special court established to resolve criminal offenses in the field of fisheries.Keywords: Fisheries Court, Investigations, Fisheries Crimes.
ANALISIS TERHADAP PUTUSAN TINDAK PIDANA PEMBUNUHAN BERENCANA OLEH OKNUM TNI ( STUDI KOMPARATIF PUTUSAN NOMOR: 78-K/PM I-04/AD/VII/2019 DAN NOMOR : PUT/217-K/PM.II- 09/AD/XI/2009 fitriyani, fitriyani; Deliana, Evi; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

The planned murder crime committed by TNI personnel Prada Deri againsthis lover in decision Number: 78-K / PM I-04 / AD / VII / 2019 and KopdaKhairul Anwar against his wife in decision Number: PUT / 217-K / PM.II -09 /AD / XI / 2009) was subject to punishment in Article 340 of the Criminal Code.The purpose of writing this thesis is to analyze the Decision of the Crime of Planned Murder byMilitary Personnel (Comparative Study of Decisions Number: 78-K / PM I-04 / AD / VII / 2019and Number: PUT / 217-K / PM.II-09 / AD / XI / 2009) and explains the judge's consideration inimposing a sentence on a defendant who committed premeditated murder.The approach method that I use is a normative juridical approach. This type ofresearch used by the author in this study is to use descriptive research. The method ofdata collection in this study uses literature study techniques.From the results of researchand discussion, the legal regulations regarding the crime of murder committed bymembers of the TNI are regulated in the provisions of the Criminal Code (KUHP) and theMilitary Criminal Code (KUHPM). Law enforcement against the Defendant Deri in themurder case of his lover in the decision Number: 78-K / PM I-04 / AD / VII / 2019 issubject to the main criminal, in the form of life imprisonment, is also subject to additionalpunishment, namely in the form of dismissal from military service. And according to theauthor's analysis, the verdict is not correct because in the case it is more appropriate tosubject ordinary murder, not premeditated murder. Meanwhile, law enforcement againstthe Defendant Khoirul Anwar in the murder case against the verdict Number: PUT / 217-K / PM.II-09 / AD / XI / 2009) is subject to the main crime, in the form of imprisonment of13 (thirteen) years, is also subject to additional punishment, namely in the form ofdismissal from military service. According to the author's analysis, the decision wascorrect because it had fulfilled the plan beforehand.The judge's consideration in imposing the sentence against the Defendant Deri inthe murder case of his lover in decision Number: 78-K / PM I-04 / AD / VII / 2019 and inthe case of the Defendant Khoirul Anwar in the case of murdering his wife in the decisionNumber: PUT / 217- K / PM.II-09 / AD / XI / 2009) are juridical considerations such asfacts revealed in the trial such as the jpu indictment, witness statements, evidence andnon-juridical considerations such as the background of the perpetrator, the defendant'sactions, the conditions at the time incident.Keywords:lore-premeditatet mulder- military court
PELAKSANAAN PEMBERIAN UPAH MINIMUM TERHADAP TENAGA PENDIDIK YAYASAN TK TUNAS HARAPAN PEKANBARU Pebi Ikasari Tarigan; Hayatul Ismi; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

The wage means that the work reward or achievement that must be paid by the employer for the work is required to fulfill the achievement of doing the work under someone else's order. One of the foundations in the field of education, the TK Tunas Harapan Pekanbaru Foundation, is one of the foundations in the city of Pekanbaru that still provides wages that are not in accordance with the rules and views on labor welfare that have been regulated by the government. The formulation of the problem in this research is How is the implementation of wages to educators at the TK Tunas Harapan Pekanbaru Foundation, What are the factors that cause wages under UMK at the TK Tunas Harapan Pekanbaru Foundation.This type of research is a study of Sociological Law. The nature of this research is to use empirical research based on primary data. This research was conducted at the TK Tunas Harapan Pekanbaru Foundation on Jl. Melayu No. 52, Pekanbaru City. Conclusions in this study. First, Educators should have written employment agreements. Second Educators should have the right to agree on Regency / City working hours (UMK). That way there is a balance between the rights and obligations received and that must be done by educators. Author's suggestion there should be an agreement on the regulation of working hours and equal pay between educators and foundation managers.Keywords: Work-Time-Wage-Work Agreement

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