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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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KEKUATAN ALAT BUKTI MESIN POLYGRAPH DALAM PERSIDANGAN PERKARA PIDANA DI INDONESIA Ruspian, Ruspian; Deliana, Evi; Erdiansyah, Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

In a state of law, the function of law is not only as a means of social control or a means of maintaining stability . In criminal cases, proof has an important role in determining someone suspected of being guilty of committing a crime, the community involved in the judicial process. The proof system adopted by the Criminal Procedure Code (KUHAP) is a system of proof according to the law in a negative way ( Negatief wetelijk stelsel ). The negative verification system is strengthened by the principle of freedom of judicial power . Article 184 paragraph (1) of Law Number 8 of 1981 concerning the Criminal Procedure Code states that the evidence is valid one of them is evidence evidence. One of them is the use of a polygr A ph machine or a lie detector. Machine polygr a pH is one means of evidence in the investigation process that is currently used in the process of examination of evidence in Indonesia.The purpose of writing this thesis, namely; First, To menge tahui setting machine Polygraph as a means of proof in pembuk tian court cases criminal , secondly, to menge tahui Strength Tool Proof Machine Polygraph in Proof Trial Case Crime in Indonesia. The writing of this thesis uses a juridical normative approach method with research specifications by examining library materials or secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. With this method the authors analyze the problems based on legal principles, legal concepts and norms, the legal angle based on existing laws and regulations , and legal theories relating to facts relevant to legal issues.Based on the results of the study, it can be concluded that the results of the polygraph machine are legally used in criminal justice processes in Indonesia, the arrangements of which are listed in article 184 of the Criminal Code by adopting a negative proof system as evidence of instructions and supported by Law Number 19 of 2016, amendments to the Law Law Number 11 Year 2008 concerning Information and Electronic Transactions. supported by Order Number Pol: Sprin / 295 / II / 1993 concerning the Validation of the Indonesian National Police Organization, namely about the Police Forensic Laboratory . Authors' suggestion, There needs to be additional regulations so that the position of this evidence is clear. And in proving the judge must first look at the procedure for using this lie detector tool whether there is an element of physical pressure on the suspect or not because it will affect the results of the lie detector itself.Keywords: evidence evidence instructions - polygraph - proof
KEDUDUKAN DAN KEKUATAN HUKUM SURAT KEPUTUSAN BERSAMA MENTERI PENDIDIKAN DAN KEBUDAYAAN, MENTERI DALAM NEGERI DAN MENTERI AGAMA (SKB TIGA MENTERI) TENTANG PENGGUNAAN PAKAIAN SERAGAM DAN ATRIBUT DITINJAU DARI UU NOMOR 12 TAHUN 2011 Fitri Angelia H Sinambela; Dessy Artina; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

The formation of laws and regulations is a form of government effort in setting orders or prohibitions that aim to regulate and protect their citizens. The laws and regulations that are created will be divided into levels or hierarchies. In the hierarchy of legislation, the presence of a new regulation must be relevant to the existing regulations. This is expected to reduce the arbitrariness of the regulations, so that there are no violations of the law. The laws and regulations that are made have the basis of formation which is regulated by the constitution. It becomes a problem if the process of forming laws and regulations does not go through procedures that result in uncertainty about the position and legal force of the laws and regulations. One of the products of legislation whose position is questioned is the Joint Decree. In the application of the law, the Joint Decree contains substance which contains matters related to law enforcement and application. This Joint Decree is categorized as a policy issued by two or more Ministers, which aims to solve urgent problems in Indonesian society. A Joint Decree in this case is issued by the Minister of Education and Culture, the Minister of Religion and the Minister of Home Affairs regarding the use of uniforms and attributes. Joint Decree which aims to protect the freedom of citizens to choose and practice their religion without the obligation to use uniforms and attributes with certain religious nuances. However, the position and legal force of the Joint Decree are not yet clear, making this statutory regulation unable to be applied optimally. So the authors set several objectives of this research.The aims of this research are: First, to know and understand the position of the Joint Decree regarding the use of uniforms and attributes. Second, to understand the legal force of the Joint Decree after the issuance of the Supreme Court decision. And third, to find out the construction of the concept of proper legal regulation on the use of clothes and attributes. The type of research carried out is normative legal research or library law research using research methods on legal principles.From the results of the study, three main things can be concluded. First, the Joint Decree is a policy, not a regulation. Second, the Joint Decree cannot be tested at the Supreme Court, and Third, it is necessary to establish new laws and regulations, in order to continue to carry out the role of the state as a tool to protect its citizens.Keywords: Position – Joint Decree – Protection of Rights
ANALISIS YURIDIS PERLINDUNGAN HUKUM BAGI ANAK SEBAGAI KURIR NARKOTIKA DITINJAU BERDASARKAN SISTEM PERADILAN PIDANA ANAK DAN SISTEM PERLINDUNGAN ANAK DI INDONESIA Muhammad Abid Alhafiz; Mukhlis R; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

To trick the authorities, it is not uncommon for narcotics dealers to use minors to be couriers of these illegal drugs. Lack of knowledge of narcotics, and the inability to resist and fight against makes minors become targets of narcotics dealers to distribute narcotics widely and in disguise. This problem is certainly a very serious problem, because it can plunge minors into the illicit narcotics business.The type of research used in writing this law is normative legal research that focuses on the level of legal synchronization. This legal synchronization analyzes the extent to which a particular law or legislation is compatible vertically and horizontally which does not cause different interpretations from one another. The data sources used are primary and secondary legal materials.The conclusions that can be obtained from the research results are First, the regulation of legal protection for children as drug couriers based on the criminal justice system for children and the child protection system in Indonesia which is regulated in the provision of diversion or the severity of which prohibitions on diversion and the severity of the criminal offense released by the panel court. judges because they have not seen the diversion and imposition of crimes from a child protection perspective The judge still sees the perpetrator's child not as a victim, even though in the juvenile court system, children should not be justified as perpetrators. Second, the weaknesses of legal protection arrangements for children as drug couriers are reviewed based on the child criminal justice system and the child protection system in Indonesia, one of which is that Article 114 of Law Number 35 of 2009 concerning Narcotics does not limit age in court, both adults and children in court. underage, so that children as narcotics couriers can still be convicted even though the children's abilities are still limited and not as perfect as adults.Keywords: Narcotics, Legal Protection, Children, Couriers
PENEGAKAN HUKUM TERHADAP PELANGGARAN PENGGUNAAN LAMPU ROTATOR BAGI KENDARAAN PRIBADI MENURUT UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN DI KOTA PEKANBARU Refomeilia maras; Evi Deliana; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

Everyone person in Indonesia who uses a motorized vehicle, one of which is a private vehicle to facilitate their activities and facilitate movement from one place to another. In its development, the automotive industry in the world is increasingly sophisticated and equipped with additional features to modify vehicles such as adding rotator lights to private vehicles. Meanwhile, the use of rotator lights is only for certain vehicles as referred to in Article 59 paragraph (5) of Law Number 22 of 2009 concerning Road Traffic and Transportation. The purpose of writing this thesis: First, to find out how to enforce the law against violations of the use of rotator lights for private vehicles in Pekanbaru City. Second, to find out how the sanctions are given for violations of the use of rotator lights for private vehicles in Pekanbaru City.The type of research used in this legal research is sociological legal research, sociological legal research can be in the form of research that wants to see the relationship between law and society. This research was conducted at the Pekanbaru Police. The data used in this study is primary data, namely data obtained directly through respondents by conducting research in the field and secondary data. Data collection techniques using observation, interviews and questionnaires. Analysis of the data used, the authors obtained qualitative data. In drawing conclusions, the author uses the method of deductive thinking, which is a way of thinking that draws conclusions from a general statement or proposition into a specific statement.From the results of the study, it was found that law enforcement against violations of the use of rotator lights for private vehicles in Pekanbaru City by the Pekanbaru City Police, especially the Pekanbaru City Police Traffic Unit had made maximum efforts by making various efforts starting from pre-ordering, preventive, and repressive efforts, although in the end these violations still occur frequently. Keywords: Law Enforcement - LightsRotator
PERLINDUNGAN HUKUM TERHADAP PELAKU TINDAK PIDANA KORUPSI DALAM PELAKSANAAN PERAMPASAN ASET SECARA TIDAK WAJAR DIKAITKAN DENGAN ASAS PRADUGA TAK BERSALAH Kevin Kaleb Panjaitan; Dessy Artina; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Provisions regarding confiscation of assets resulting from criminal acts of corruption are regulated in Article 18 paragraph (1) of Law Number 31 Year 1999 jo. Law Number 20 Year 2001 Concerning the Eradication of Corruption Crime. In implementing the law enforcement apparatus will be faced with various conditions that lie in the protection of human rights, namely the rights of the suspect or the rights of the defendant, in realizing the due process of law, law enforcers must pay attention to the rights of the suspect or defendant which normatively must be have a place in the criminal justice system. However, this mechanism of expropriation without criminal charges which is considered a breakthrough contains a very crucial point. The application of the presumption of innocence must be applied by the KPK in confiscating assets resulting from criminal acts of corruption during the investigation stage. The KPK is not allowed to seize without first tracing and identifying assets. However, in fact, in some cases the plunder was carried out improperly. The confiscation of assets must be carried out by the KPK through a quality control assessment. The existence of this control is an important part so that confiscation is carried out carefully and thoroughly. The KPK is obliged to apply the presumption of innocence to assets owned by perpetrators of corruption. Applying the principle of presumption of innocence in confiscation of assets is an effort to provide legal protection and avoid confiscating assets by violating the protection of property rights.This research will be compiled using the juridical normative research type, which is research that is focused on examining the application of legal principles or norms to legal principles. By conducting identification in advance of the legal principles that have been formulated in certain legislation. The data collection technique used in this research is literature study. The approach used in this research is to use a normative approach, namely literature law research.The results of the research conducted by the author are first, the arrangement of improper confiscation of assets against perpetrators of corruption in Indonesia in Law No. 31 of 1999 jo. Law Number 20 Year 2001. The regulation stipulates that confiscation of assets without punishment can be carried out if the judge first grants a civil suit from the state attorney or agency that is injured, namely in the absence of sufficient evidence to continue the criminal process. The form of legal protection for perpetrators of corruption is linked to the presumption of innocence. Protection of Human Rights of Suspects is protected in the constitution and laws in force in Indonesia. The 1945 Constitution (UUD) is the basis for all Indonesian citizens to exercise their rights as citizens in the life of the nation and state.Keywords: Plunder - Corruption - Presumption of Innocence
POLITIK HUKUM PEMBENTUKAN SATUAN TUGAS PENANGANAN COVID-19 DALAM SISTEM KETATANEGARAAN INDONESIA Muhammad Rizal Veto; Emilda Firdaus; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

Currently, the world and Indonesia are also experiencing the same problem, namely experiencing a pandemic by the corona virus (Covid-19), in Indonesia itself in facing and breaking the chain of spread of the corona virus pandemic, one of them is the formation of a task force by the president. . The next thing is related to the position of BNPB in handling Covid 19. Based on Presidential Decree Number 7 of 2020 as amended by Presidential Decree Number 9 of 2020 concerning the Task Force for the Acceleration of Handling Corona Virus Disease 2019 (COVID-19), the President has formed an Acceleration Task Force.This type of research can be classified in the type of Normative legal research, which reveals legislation relating to legal theories that are the object of research. The approach taken uses a qualitative analysis approach by looking for data both in books, journals and other scientific works related to this research. The data sources used are primary and secondary legal materials.The conclusions that can be obtained from the research results are First, the Legal Politics of the Establishment of a Task Force for Handling Covid-19 in the Indonesian State Administration System. First, the aspect of service quality, in this case the accuracy of the information provided. Any information also needs to be disseminated through various media owned by the Covid-19 Task Force and the team in charge of the field. Second, in the aspect of responsiveness, tidier data collection related to the need for medical devices can be done by utilizing an integrated online application. Second, the Ideal Concept of the Covid-19 Handling Task Force Structure in the Indonesian State Administration System regarding the basis of authority and duties between BNPB and the Task Force which is not ideal because it raises questions in the community about the honorarium system to the structure whether all BNPB members become the Task Force or are there additions to the contents of the Task Force. Keywords: Task Force, Corona Virus Disease, Political Law, Indonesian State Administration.
POLITIK HUKUM PEMBENTUKAN RANCANGAN UNDANG-UNDANG PENGHAPUSAN KEKERASAN SEKSUAL DI INDONESIA Aryon Andria Adiyatma; Emilda Firdaus; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

The Republic of Indonesia is a state of law. Where the rights of citizens are protected by the state. Sexual violence is a disease that is deeply rooted in the lives of Indonesian people. From year to year cases of sexual violence have increased. Regarding the existing regulations, it has not provided legal certainty for victims of sexual violence. The PKS Bill is a proposal to provide legal certainty for victims of sexual violence. The purpose of writing this thesis, namely: First, to find out the legal politics of the formation of the law on the elimination of sexual violence in Indonesia. Second, to find out the urgency of forming a draft law on the elimination of sexual violence in Indonesia.This type of research is normative research, where this research uses a research methodology on the legal principles that exist in the formation of legislation. The data sources used are secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials, the data collection technique in this study is the literature review method, after the data is collected then analyzed to draw conclusions.From the results of the research, it is concluded that, First, through a political perspective, law is seen as a product of politics. Sexual crimes are serious crimes in the handling of victims' rights tend not to be fulfilled, therefore in the formation of the Draft Law on PKS must pay attention to the rights of victims, including; right of treatment, protection and remedy. Second, the state must provide protection and security guarantees to the community as a constitutional right recognized by the state. Regulations related to sexual violence have not provided a clear legal umbrella so that a legal product is needed to provide legal certainty to the community.Keywords: Legal Politics - Sexual Violence - PKS Bill
Perlindungan Hukum Debitur Terhadap Fintech Berbasis Aplikasi Yang Tidak Terdaftar Di Otoritas Jasa Keuangan Provinsi Riau Melly Carolina Bangun; Hayatul Ismi; Hengki Firnanda
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

The development of the digital era of technology in Indonesia is very rapid nowadays, which affects people to be able to access the latest information, and makes it easier for people to complete their work quickly and effectively with the availability of electronic service features. One of the technological developments that has become a trending topic in Indonesia today is Financial Technology (FinTech). In banking itself, it has adopted Financial Technology, which digital banking consists of (Internet Banking, M_Bangking, SMS banking, Phone Banking, and ATM). However, over time, many FinTech Start-Ups have sprung up that offer various conveniences to the public that put banking at risk.This type of research is a sociological juridical research, because the author examines the problems that occur. The research was conducted at the Financial Services Authority of Riau Province, while the population and sample were all parties related to the problems studied in this study, the data sources used, primary data, secondary data and tertiary data, data collection techniques in this study were carried out by interviews. and literature review.Based on the role of the financial services Authority (OJK) in providing legal protection for online loan recipients. With the victims of online loans who don't know what they have to do to get their rights. The OJK Regulation states how the role of the OJK is in providing information, education and also complaint services for people experiencing problems in the banking sector and also in fintech. The thing that makes the author interested in knowing how the role of the Financial Services Authority (OJK) in providing legal protection for online loan recipients is not registered in an online-based loan and borrowing agreement according to the Financial Services Authority Regulation Number 77 / POJK.01 / 2016 regarding lending and borrowing money services based on information technology (OJK Riau Province case study).From the results of research conducted by the author at the Financial Services Authority (OJK) in providing legal protection for illegal online loan recipients in the Online-Based Lending and Borrowing Agreement. Here the role of the OJK is not really felt by its presence in the community regarding information and education by disseminating it to the public about fintech. In the OJK Regulation it is stated that OJK is in charge of providing information, education to the public and providing complaint services to the public. In addition, OJK has also not made a regulation whereby an organizer or lender cannot operate without obtaining a license or permit from the OJK, considering that there are many illegal operators who have not obtained OJK's license but are already operating.Keywords: Financial Technology –Legal Protection – Ilegal Online
PERLINDUNGAN HUKUM ATAS PENGGUNAAN HASIL FOTO DARI FOTOGRAFER SEBAGAI MEDIA PROMOSI DI MEDIA SOSIAL INSTAGRAM Syaiful Waliyadin; Zulfikar Jayakusuma; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

Copyright is part of a set of rights which is called Intellectual Property Rights. Intellectual Property Rights is covering an area of law that concerns the rights of jurisdiction over the works or creations if the results of human thought interlocked with interests are economic and moral. This study aims to determine the legal protection of the use of the results of the photo of a photographer where the results of the photos from photographers such as social media, namely Instagram, based on Law Number 28 of 2014 On Copyright and also remedies that can be done by photographers as the victim for the use of the photos as a media promotion social media Instagram.This type of research is classified into legal research methods sociological because the purpose of this study was to see the level of synchronization of the law based on copyright law Number 28 of 2014 on Copyright, as well as the laws and regulations related to the reality of life in the community. The source of the data used is primary data, secondary data, and tertiary data by performing data collection techniques interviews, literature review, and data analysis.The results of this study two main things can be concluded First, the Implementation of the protection of the rights of the copyright photos in Pelalawan not run as outlined in the copyright law. It can be known from the persistence of violations related to copyright, violation of this even be done by the government, where they should participate in implementing the protection of copyright, what's copyright a work that comes from their area. Second, Efforts can be taken by the copyright holders of the photo against the violation of use of the photos is to use two ways, namely in litigation or through the Commercial Court and non-litigation such as mediation, conciliation, negotiation, and conciliation.Keywords: Legal Protection – Copyright– Social Media
PENEGAKAN HUKUM TERHADAP PENJUALAN BBM MENGGUNAKAN NAMA PERTAMINI SECARA ILEGAL DIHUBUNGKAN DENGAN UNDANG-UNDANG NOMOR 22 TAHUN 2001 TENTANG MINYAK DAN GAS BUMI Edo Bikana Barus; Erdianto Erdianto; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

Oil and natural gas are one of the largest natural resources owned by Indonesia. Indonesian mining produces oil and natural gas, which are strategic natural resources that are not renewable and are vital commodity assets that control the lives of many people. This commodity also has an important role in the national economy so that its management must be able to optimally provide the welfare and prosperity of the people.This type of research can be classified in the type of sociological legal research (empirical), because in this study the author directly conducted research at the location or place being studied in order to provide a complete and clear picture of the problem under study. This research was conducted at the Pekanbaru City Police, while the population and sample were the Head of Criminal Investigation Unit of the Pekanbaru Police (Economic Section), Investigators (Economic Section), and the perpetrators of illegal petrol sales using the name Pertamini. The data sources used are primary data and secondary data.The conclusions that can be obtained from the research results are: First, the implementation of law enforcement against oil fuel sales actors who use the first name illegally which is currently carried out is still not in accordance with their authority and is less effective in implementing both administrative and criminal sanctions. Second, the obstacle in law enforcement against oil fuel sales actors who use the first name illegally is that a law enforcer must carry out a legal process when he finds out that a law violation has been committe. However, the police cannot just enforce the law against retailers using the Pertamini brand because there are reasons that make it easier for the community. Third, efforts that can be made to overcome the obstacles to law enforcement against oil fuel sales actors who use the first name illegally are to raise legal awareness for the public by conducting direct socialization to retail sellers that there are regulations regarding the sale of oil and so that the public knows what is allowed.Keywords: Fuel Oil, Illegal, Oil and Gas, First, Crime.

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