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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 2,579 Documents
 165   166   167   168   169 
WANPRESTASI DALAM PERJANJIAN PINJAMAN PADA CREDIT UNION SADA NIOGA DI DESA GUNUNG MERIAH KABUPATEN DELI SERDANG SUMATERA UTARA LOPIANTI BR SEMBIRING; Hayatul Ismi; Hengki Firmanda S
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

The activity of lending and borrowing money has been carried out for a long time in people's lives who recognize money as a means of payment. The lending and borrowing relationship can be made by an agreement between the borrower (debtor) and lender (creditor) as outlined in the form of an agreement. The debt and receivable agreement in the Civil Code can be identified with a loan and borrowing agreement, namely a loan and loan agreement in the form of money on condition that the borrower will replace it with the same amount as when borrowing. Regarding lending and borrowing, it is also stated in Article 1754 of the Civil Code, namely "Lending and Borrowing is an agreement in which one party gives the other party an amount of goods that have been used up, provided that the latter party wants to return the same amount of the same type and quality". In general, the word cooperative comes from the word "Ko" which means together and "operation" which means work, so cooperatives mean working or trying together, the International Cooperative Alliance (ICA) defines cooperatives as follows "Cooperatives are groups of people or body units. whose members jointly help each other by limiting profits and their business must be based on cooperative principles. Credit Union (CU) comes from Latin, namely Crede which means trust and Unio which means association, so it can be interpreted that Credit Union is a movement of associations that trust each other. The Lending Program at CU Sada Nioga itself is also a credit or lending activity that uses low interest. This makes members who are members of the cooperative feel lighter and more confident in increasing their business. Loans made by members will get a loan interest of 2%. However, even though some of these principles have been explained, there are still some members who are negligent in carrying out their obligations. There are eight (8) people who have never made loan installment payments and made negligence as according to R. Subekti, namely "Carrying out what was promised, but not as agreed".Keywords: Default, Loan Agreement, Credit Union
KEWENANGAN PENGADILAN NEGERI DALAM MENETAPKAN TERSANGKA MELALUI PRAPERADILAN Alviona Vinda Safira; Erdianto Effendi; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

Judge position is the most important thing to decide cases in trial which guaranteed by statutory regulations. Mostly, judges in giving decisions are not in accordance with legal facts, even exceeding their authority. In judicial practice, for example in pretrial review, judges are bound to the object of pretrial review. Pretrialreview is an institution that was born to carry out surveillance actions against law enforcement, therefore in implementing their authority, law enforcement does not make of any abuse of power.Pretrial reviews are regulated in Article 77 of the Criminal Procedure Code, as well as other laws and regulations as an expansion of pretrial reviews objects. One example of a pretrial case that caught public's attention was a pretrial by a non-governmental organization against the KPK in Century Bank case, which in its petition, requested that the Court through the Pre-trial set a person or group of people to be suspected of corruption case.The author is interested in exploring this case to examine the authority of the District Court in determining suspects through pretrial reviews and understanding the legal consequences, if the pretrial decision is not carried out by the Respondent, in this case, KPK. The research method used by the author is a normative research that examines the norms, laws and regulations and also the literature.Determination of a person becomes a suspect, based on the law must be carried out by investigators, such as the police, prosecutors, and even the KPK to conduct the process of determining the suspect. In the Pre-trial review, Judges to give decisions based on laws, that apply to the principle of legality and the judge's logic and conscience. However, obstacles are often encountered in pretrial practices, such as weak law enforcement to the emergence of a legal vacuum and weak law enforcement in handling corruption cases, the result, someone may continuously obtaining the suspect “label” without further processing.aforementioned, Judge is expected to be more careful in deciding with applicable procedures and regulations, also in carrying out his judicial duties professionally and objectively so the verdict based on the word “For the sake of Justice based on the Almighty God”. There is an expectation to KPK can uncover and resolve the corruption cases professionally without violating someone legal rights.Keywords: Judicial Power, Determination of Suspects, Pretrial Review, KPK
PENEGAKAN HUKUM PIDANA TERHADAP PELAKU TAWURAN PELAJAR OLEH POLISI RESOR KOTA PADANG Harisul Huda; Erdianto Effendi; Adi Tiara Putri
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

Seeing the situation and conditions that occur in the city of Padang often brawls between high school students (high school) and or vocational high school (SMK) so that makes researchers interested in reviewing it legally, because these situations and conditions often occur repeatedly. Triggers brawl is usually a sense of revenge, with a high sense of solidarity these students will reciprocate the treatment caused by school students who are considered harmful to a student or defame the school. This paper discusses criminal law enforcement conducted by the Padang District Police against brawlers between students in the Padang City jurisdiction, the obstacles faced by the Padang District Police in carrying out criminal law enforcement efforts against student brawls in the Padang City legal area and efforts made by the Padang City Police in anticipating against student brawlers.The research method is a sociological legal research that is research that wants to see the correlation of law with the community, so that it can reveal the effectiveness of the law in society and identify unwritten laws that apply to the community by jumping directly into the research location. Location of the study in Padang Police, researchers collected data consisting of primary, secondary and tertiary data. Data collection techniques namely questionnaire, interview and literature study. Data analysis was carried out qualitatively and drawing conclusions from the author using deductive thinking methods.The conclusion of this research is that the criminal law enforcement conducted by the Padang District Police against brawl perpetrators between students in the legal area of the City of Padang has not been effectively implemented, while law enforcement can guarantee legal certainty, order and legal protection. The obstacle in upholding criminal law against student brawls in the legal area of Padang City is firstly the lack of adequate means of vehicles to conduct patrols is still very limited, so that the police are still difficult to reach small alleys to monitor conditions that are said to be prone to misbehavior adolescents, secondly the lack of parental supervision of children and thirdly the lack of public trust in law enforcement officials. So that in the future the Padang City government should support the police and the TNI to cooperate in securing and preventing student brawls, so that in the future they can anticipate student brawls in the City of Padang.Keywords: Student - Student Fight - Padang Police Station.
PENERAPAN RESTORATIVE JUSTICE DALAM PERKARA PIDANA MELALUI BHAYANGKARA PEMBINA KEAMANAN DAN KETERTIBAN MASYARAKAT (BHABINKAMTIBMAS) DI KECAMATAN BUNUT KABUPATEN PELALAWAN Sultan Kevinsyah Dian Nugraha; Davit Rahmadan; Elmayanti Elmayanti
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

Minor criminal acts (Tipiring) are minor or non-hazardous criminal offenses that cover minor crimes written in the second book of the Criminal Code which consist of, light animal abuse, light abuse, minor abuse, minor theft, minor embezzlement,Legal factors, namely the provisions concerning the mechanism of investigation, have actually been regulated but there is no regulatory basis governing criminal mediation, especially in light of theft so that investigators are still hesitant to submit all cases of minor theft cases handled and citizens have not fully known and understand the applicable law related to the existence of reasoning mediation as an alternative solution to minor criminal cases.Keywords: Penerapan, Restorative Justice ,Perkara Pidana, Bhabinkamtibmas
TINJAUAN YURIDIS TINDAK PIDANA KEKERASAN TERHADAP ANAK DARI PERSPEKTIF HUKUM PIDANA NASIONAL DAN HUKUM PIDANA ISLAM Rhizkita Ramadhana; Erdianto Effendi; Adi Tiara Putri
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

Violence against children in Indonesian national law is a crime. Violence against children is often identified with invisible violence, such as physical and sexual violence. In fact, psychological and social (structural) violence also has a negative and permanent impact on children. In Islamic Law, physical violence against children includes the act of Jarimah (Arabic), which is an unlawful act in which the offender receives a sanction or punishment . Besides that basically all religions reject violence as a principle in carrying out an act of immoral nature that requires coercion of other parties which means violation of the principle of freedom of social interaction.This type of research can be classified into normative juridical type of research, namely research conducted by examining literature discussion with secondary data sources consisting of primary legal material in the form of legislation, secondary legal materials, legal books, and tertiary legal materials in the form of dictionaries. Then the data were analyzed qualitatively, namely analyzing descriptive data obtained from secondary data.From the results of the study it can be concluded that, first, if in national law the types or forms of violence are categorized into two, namely severe maltreatment and minor maltreatment. Whereas in Islamic criminal law, violence is categorized into three, namely deliberate maltreatment, semi-deliberate maltreatment, and inadvertent maltreatment. The form of sanctions that are applied in national law for acts of violence against children is regulated in Article 80-82 of Law Number 35 Year 2014 concerning Child Protection, and in Islamic criminal law sanctions are given according to the category of violence, which can be in the form of qishas, diyat punishment, or ta'zir punishment. Second, the value of regulating children in the Islamic criminal law system when compared with positive law both have many significant differences. Values that can be adopted into national law, one of which is the application of penalties / sanctions to perpetrators by applying the qishas penalty, diyat punishment, or ta'zir punishment, legal protection for victims of crime as part of protection to the public, can be realized in the form of providing compensation directly to child victims not to the State.Keywords: Criminal Acts - Violence in Children - National Law - Islamic Criminal Law
INTERPRERASI A CONTRARIO TERHADAP PUTUSAN MAHKAMAH KONSTITUSI NOMOR 30/PUU-XVI/2018 TENTANG LARANGAN PENGURUS PARTAI POLITIK MENJADI ANGGOTA DPD Aulia Rasyid Sabu; Mexsasai Indra; Evi Deliana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Decision of the Constitutional Court against the management of political parties against being a Member of the Regional Representative Council of the Republic of Indonesia (DPD RI). A studio review of the Mahmakah constitution No. 30 / PUU-XVI / 2018 which is more focused on the requirements of DPD members governing Article 182 Letter l of Law Number 7 of 2017 Concerning General Elections, the Basic Law makes this decision questionable on the principle of negativity legislator Article 12 paragraphs (1) and (3) of the 1945 Constitution which regulates rights and obligations in the country, namely the 1945 Constitution which provides rights and obligations for countries participating in using democracy in Indonesia. The Constitutional Court approved the constitutional articles but examined that this was done to protect the integrity of Human Rights, not to demand Human Rights approved by the constitution, to question the Constitutional Court which is called the the guardian of the constitution. This type of research can be classified in normative juridical research, because this research was conducted by examining secondary data and approaches to the law, this normative study examines the principles of law. Sources of data used are primary data, secondary data, tertiary data, data collection techniques in this study are normative juridical, the data used is literature study. The results of the research conducted by the author are that the Constitutional Court in deciding a case is often out of the authority granted by the Act, resulting in the absence of legal certainty considering the decision of the Constitutional Court is final and binding. The Constitutional Court in making a decision Number 30 / PUU-XVI / 2018 is not perfect because it causes legal uncertainty in Indonesian law, and the Constitutional Court has restricted the rights of Indonesian citizens. Therefore, when the Constitutional Court makes a ruling it should not contradict the Basic Law so that legal certainty is guaranteed for Indonesian citizens and the Constitutional Court does not limit the rights of its citizens to participate in organizing democracy.Keywords: Constitutional Court Decisions – Members of Political Parties - Political Rights
PENYELESAIAN KREDIT MACET DENGAN PENGALIHAN PIUTANG SECARA CESSIE DI KOTA PEKANBARU Tiara Antika; Maryati Bachtiar; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

The Republic of Indonesia is a state of law, where the law elaborated by the government through the establishment of legislation has a very important role in regulating and directing the lives of its people so as to create an orderly life system that is just, prosperous and peaceful. Laws are created because humans live together and can only live together, by making concepts that are very appropriate and meritorious in human life that prioritizes their rights to society related to other interests. In ensuring justice, certainty and legal usefulness for every citizen, the state has the obligation to provide protection to anyone on any issues that intersect with the law, including the problem of cessie. However, in its implementation there were many violations of the law concerning cessies, such as violations of the law in the settlement of bad loans. There are many instances where a new creditor necessarily has to have a debtor's debt guarantee if the debtor defaults which causes losses to the debtor. The purpose of writing this thesis, namely; First, knowing the efforts that new creditors can make in the process of settling bad debts, Second; know the implications of the application of Article 12 of the Underwriting Rights Law concerning the prohibition of beding for the settlement of bad loans in Pekanbaru City. From the results of the research based on two problem formulations, it can be concluded, First, the efforts made by new creditors in the process of settling bad loans related to the prohibition of beding namely: new creditors can execute through the court against debtor debt collateral, parate execution and collateral object execution. Second, the implication of the application of Article 12 of the Underwriting Rights Law concerning the prohibition of beding on the settlement of bad loans, namely: the obstruction of the settlement of bad credit by new creditors (cessionaris), making it difficult for creditors to get the right to the receivables they have agreed in the credit agreement, giving losses to new material and non-material creditors. Keyword: Settlement-transfer of accounts receivable-cessie
PENEGAKAN HUKUM TERHADAP PENJUAL LIQUEFIED PETROLEUM GAS 3 KILOGRAM YANG MENJUAL DIATAS HARGA ECERAN TERTIGGI OLEH KEPOLISIAN RESOR TOBA SAMOSIR Septamor Simanjuntak; Dessy Artina; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

The sale of Liquefied Petroleum Gas 3 kilograms above retail price the highest was a serious disservice to consumer communities. It was necessary to establish a rule on the highest retail price imposed by governments to prevent the sale of Liquefied Petroleum Gas 3 Kilogrmas over the highest retail price. In article 10 points a law No. 8 of 1999 on protection the Consumer claims that the perpetrators in the attempt to promote, advertise or make incorrect or misleading statements about the price or price of an item or a service. Ut in fact there are still lots of bases that sell LPG 3 Kilograms race above the highest retail price. This type of study would be considered a sociological law study in order to see the effect a positive legal product may have on people’s lives. The study is also a graphic characterization of the law as a social control with regard to the creation and maintenance of the referrals with a foothold of the legal ability to control human behavior and create an agreement in the behavior of the Toba Samosir Resort Police Station and several bases LPG 3 Kilograms. From what this study has shown is that law enforcement is against seller of Liquefied Petroleum Gas 3 kilograms in Toba Samosir region by the Toba Samosir police hasn’t been very good. It is because the Toba Samosir police resort don’t take too much of a hit surveilance, so there are still a lot of vendors that sell higher of the highest retail price. As for the constraints that investigators face the police force is both internal and external factors. Efforts made to overcome these obstacles by establishing cooperation with the Agency Industrialization and Commerce Toba Samosir, sicialization of owners, Resort police investigators training. Keywords: Law enforcement-The Highest Retail Price-LPG 3 Kilograms
PERLINDUNGAN HUKUM PADA ANAK DI WILAYAH KONFLIK BERSENJATA DI INDONESIA Saputri, Septiani; Deliana, Evi; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

The armed conflict that occurred in Wamena in Papua caused many victims,including children. So the need for special legal protection for children who are in conflictsituations. As in article 60 of Law Number 35 Year 2014 concerning Amendments to LawNumber 23 of 2002 concerning Child Protection, it states: children in an emergency situationas referred to in article 59 paragraph (2) letter a consist of: a. Children who become refugeesb. Children victims of riots; c. Child victims of natural disasters; and d. Children in situationsof armed conflict. Based on the main ideas above, it can be formulated several problems,namely whether the form of criminal acts committed against children in the area of armedconflict in Indonesia and how the legal protection of children from criminal acts in the areaof armed conflict in Indonesia.The writing of this thesis uses the normative legal research method by collectingdata by library research, namely by examining library materials or secondary data in theform of primary legal materials namely related regulations, secondary legal materials namelyrelated documents and tertiary legal materials which is a guide to primary and secondarylegal materials or research on legal systematics. The secondary data that has been compiledare then analyzed using qualitative methods to obtain results, which are forms of protectionfor children in conflict areas, that is, doing things that can accelerate the conducive situationin the field, besides the government in particular, and other supporting elements to furtheroptimize efforts to restore children's health and post traumatic psychological handling inchildren. The conclusion from the results of the study, namely the legal protection of childrenin armed conflict areas in Indonesia who get violence such as murder, sexual harassment orrape is still not working properly, because there are still many children who are victims.Where the rules regarding legal protection of children in conflict areas are still general innature which are civilians. Where the Indonesian government should make special rulesregarding the protection of children in areas of armed conflict. This is the cause of the lack ofjustice obtained by children.Keywords: Legal Protection, Children, in the Area of Armed Conflict
IMPLEMENTASI PERATURAN DAERAH KOTA PEKANBARU PASAL 6 NOMOR 12 TAHUN 2008 TENTANG PENERTIBAN SOSIAL ORANG DENGAN GANGGUAN JIWA (ODGJ) DI PEKANBARU Ilham Rizki Pratama; Emilda Firdaus; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

People with ordinary mental disorders in short (ODGJ) can be said to be mentally handicapped because a disability means a deficiency that causes a value or quality is not good or imperfect (which is found in the body, objects, mentality or morals), whereas mentality is concerned with the mind and character humans, who are not body or energy. Then if we see the meaning of "Crazy", namely memory loss (lack of memory), mental illness (disturbed nature or abnormal thoughts). This means "crazy" can mean mental disability due to deficiencies in the mind or soul (associated with the mind).Citizens of mental disorders or mental disorders (ODGJ) still have not received special actions from the government and even lead to discrimination, departing from the mandate stated in Article 28 of the 1945 Law which includes "freedom of association and assembly, expressing thoughts verbally and the text and so on 'as specified in article 28 1 paragraph 2, which contains "everyone has the right to be free from discriminatory treatment on whatever basis has the right to get protection against such discriminatory treatment". In Article 28G Paragraph 2 of the 1945 Constitution "every person has the right to be free from torture or treatment which degrading human dignity and has the right to obtain political votes from other countries."This research uses the typology of sociological legal research or also called non-doctrinal legal research, which is more specifically about the effectiveness of law. In this study the authors use the nature of descriptive research, because the authors describe how the Implementation of Pekanbaru City Regulations Article 6 concerning Social Control of People with Mental Disorders. The results of the research conducted by the author are, firstly the implementation of the implementation of Pekanbaru City Regulation Article 6 Number 12 Year 2008 concerning social control of people with mental disorders, and knowing what factors occur in controlling people with mental disorders in the city Pekanbaru.Keywords: Implementation - Regional Regulation - People with Mental Disorders

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