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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
 167   168   169   170   171 
KONSEP DIVERSI DALAM PERSPEKTIF APARAT PENEGAK HUKUM DI KABUPATEN PELALAWAN Yuni Angraini; Dessy Artina; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

In Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, Diversion is an important part in the implementation of Juvenile Criminal Justice. Diversion is an action or treatment to divert a case from a formal process to an informal process, or to place the perpetrators of child crimes out of the juvenile justice system. This means that not all cases of juvenile delinquents must be resolved through formal courts, and provide an alternative for settlement with a justice approach in the best interests of the child and by considering justice for the victim.However, in Pelalawan Regency there are still many cases of crimes committed by children which end in criminal decisions at the Pelalawan District Court. The purpose of writing this thesis, namely: First, to determine the perception of law enforcement officers in Pelalawan Regency related to the concept of diversion. Second, to find out the obstacles to the implementation of diversion by law enforcement officers in Pelalawan Regency.This type of research can be classified in the type of sociological juridical research, because in this study the author directly conducts research in the place under study in order to provide a complete and clear picture of the problem to be studied, while the population and sample are all parties related to the problem studied in this study, data sources used, primary data, secondary data and tertiary data, data collection techniques in this study with interviews and library data.From the results of this study it was concluded, first, the perception of law enforcement officers in the implementation of diversion is very important in fighting for the rights of child offenders and carrying out in accordance with applicable regulations, the role of law enforcement officers in carrying out diversion which is the transfer of settlement of child cases from the criminal justice process to The process outside the criminal court according to the researcher is not carried out properly because there are still many law enforcement officers, especially child investigators who understand the Juvenile Criminal Justice System. As well as the lack of certification by law enforcement officers in handling cases of children in conflict with the law. This can be seen from the number of child cases that end in criminal decisions in court. Second, the obstacles in implementing Diversion in Pelalawan Regency, namely at the stage of investigation, prosecution, courts that come from the victims themselves who do not want to make peace with child perpetrators, and the lack of certification and efforts of investigators in facilitating diversion.Keywords: Diversion – Perspective - Law Enforcement Apparatus
POLITIK HUKUM PEMINDAHAN IBUKOTA NEGARA INDONESIA DITINJAU DARI UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 Amanda Salsabila; Mexsasai Indra; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

The discourse on relocating the State Capital by the President of the Republic of Indonesiafrom Jakarta to East Kalimantan raises many pros and cons. Those who are pro thinkit is necessary to move the national capital to East Kalimantan considering that Jakarta bearstoo heavy a burden as the center of government, business center, financial center, trade centerand service center. Meanwhile, the contenders stated that it was not enough to relocatethe State Capital with the policy of the President as the highest authority in the country. Aclear regulation in the form of a Law must be issued immediately so that the President's discoursehas a clear legal basis. The President's policy without the support of regulations in theform of a Law on this project to relocate the State Capital is not the manifestation of a rule oflaw. On the other hand, in the concept of limiting power, the policy of relocating the StateCapital is deemed necessary to involve elements of other state institutions, especially in termsof legislation and regulationsThis research is a normative juridical research, which is based on legal and statutorymaterials. The approach taken includes a literature approach, namely by studying books andlaws and regulations. The type of data used is the type of premier data, secondary datasources, namely data sources that come from books and other regulations. The theory used inthis research is the theory of political law and the theory of separation of powers.From the results of the research, there are two main points that can be concludedwhere the political law desired by the constitution begins with the goal of the state, namelythe welfare of the public at large, which is contained in the preamble to the 1945 Constitution,especially regarding public participation. So the transfer of the nation's capital is not inaccordance with the goals of the nation and state as stated in the 1945 Constitution. whereMontesquieu divides executive, legislative and judicial powers. Although in principle the authorityis divided, in the formation of a law (uu the capital of the country) it must be based onmutual agreement between the president and the DPR. Meanwhile, the president's unilateralpolicies do not reflect proregative rights as stipulated in the 1945 Constitution and precludethe possibility of public participation. So if the old law has not been revoked / repealed, thelaw is still in effect and the president's policy is null and void because there is no binding legalbasis.Keywords: Law Politics, Rule of Law, Policy, UUD 1945.
PERAN LEMBAGA ADAT KAMPUNG DALAM PEMBERDAYAAN PEREMPUAN DI KABUPATEN SIAK BERDASARKAN PERATURAN DAERAH NOMOR 2 TAHUN 2015 TENTANG PENETAPAN KAMPUNG ADAT KABUPATEN SIAK Fauziah Nelfi Oktaveni; Emilda Firdaus; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

Indonesia consists of various tribes and cultures that develop as well as diverse customs and are passed down from generation to generation. At the beginning of the formation of this LAM, it was under the auspices of the Education Office and the structure regarding the field of women's empowerment already existed, such activities as merisik, sending rings, delivering shopping, ma'andam accompanied by fresh flour, there was a weaving briefing. However, since 2015 until now, LAM has not had any activities due to the lack of funds.This research is juridical empirical/sociological research, research conducted by linking law to efforts to achieve goals and fulfill concrete needs in society. The approach taken includes a survey approach, which is to go directly to the research location. The type of data used is descriptive data, namely what the respondents stated in writing or verbally and real behavior. The theory used in this research is the theory of legal politics and the theory of state institutions.From the results of this study there are three main things that can be concluded where the role of traditional institutions in increasing women's empowerment for the development and preservation of culture, where the role of women is very influential. One of the duties of traditional institutions is to develop local cultural values in order to enrich, preserve and develop national culture. The main obstacle for Traditional Institutions is in the unclear funding source and resulting in activities not running as usual, this affects the empowerment of women in the Siak Regency area. The efforts of the Kampung Adat Institution in empowering women are the government's attention to institutions and the Regional Regulations governing the Riau Malay Customary Institutions in Siak Regency, especially in empowering women.Keywords: Role, Lam, Women's Empowerment, Traditional Village
ANALISIS YURIDIS PERTANGGUNGJAWABAN PIDANA TERHADAP PERS YANG MELAKUKAN TINDAK PIDANA PENGHINAAN DAN PENCEMARAN NAMA BAIK BERDASARKAN PASAL 310 AYAT 3 KUHP Tiara Vemilya; Erdianto Erdianto; Adi Tiaraputri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

Persed of social community which functions as a control, order, and educational media whose existence is guaranteed based on the constitution. The legal threat most often referred to by the press or mass media is articles of defamation or defamation. A person can easily accuse the press of insulting or defaming him if he does not like the way the press presents himself. This has led to articles on defamation that are often called mines to the press, as they are easily imposed to sue the press or journalists. Take the example of the Mara Salem Harahap case which made news on Lassernewstoday.com about alleged corruption involving the Regent of Simalungun. Then the defendant was sentenced to prison for 1 year. This distorts press freedom. These objectives: First, to see how the press is accountable for committing criminal acts of insult and defamation based on Article 310 Paragraph 3 of the Criminal Code. Second, the application of Article 310 Paragraph 3 of the Criminal Code is aimed at the press or all circles.This type of research used normative juridical research. This research uses legal synchronization, synchronization aims to reveal the reality to what extent a particular statute is harmonious vertically or horizontally, if the legislation is equal and belongs to the same field.From the results of the research, it can be denied that: First, the right of reply is not used on the party who is aggrieved so that it is subject to Article 27 paragraph 3 of the Electronic Transaction Information Law. Article 27 Paragraph 3 relates to Article 310 of the Criminal Code. Then an excuse can be given to the press who commits criminal acts of insult and defamation for the sake of the public interest and call himself. Second, of course, article 310 paragraph 3 of the Criminal Code concerns the reason for the right to eradicate crime for everyone. Author's suggestion, First to the government to make policies regarding restrictions on expression. Second, the excuse of a criminal offence should not be misused.Keywords: Press - Insult - Defamation - Criminal Abolition
PENGARUH PENEGAKAN HUKUM TERHADAP PERKEMBANGAN TINDAK PIDANA NARKOTIKA DI KABUPATEN BENGKALIS Riando, Ridho Gus; Artina, Dessy; Ferawati, Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

Article 54 of Law Number 35 of 2009 concerning Narcotics states that narcotics addicts are required to undergo medical and social rehabilitation. However, this did not happen, especially in the jurisdiction of Bengkalis Regency. The traffickers were sentenced to prison and put in the same place as the traffickers. This is also exacerbated by the increasing number of narcotics crimes from 2017 to 2020. The objectives of writing this thesis are; First, law enforcement on the development of narcotics in Bengkalis Regency, Second, the influence of law enforcement on the development of narcotics in Bengkalis Regency, Third, factors that become obstacles in law enforcement against narcotics development in Bengkalis Regency.This type of research can be classified in the type of sociological juridical research, this research was conducted at the Bengkalis Resort Police, the Bengkalis District Attorney, the Bengkalis District Court and the Bengkalis Correctional Institution, while the population and sample are all parties related to the problems studied in this study, the data sources used are primary data and secondary data, methods data collection in this study by interviews and literature study.From the results of the research problem, there are three main things that can be concluded, First, law enforcement carried out by the four sub-judicial systems is in the form of preventive and repressive law enforcement, Second, there is no influence from law enforcement that has been carried out by the four sub�judicial systems, This is caused by factors of the apparatus and the factors of the community itself, especially in the economic field, Third, the factors that become obstacles in law enforcement against the development of narcotics crime are the geographical condition of Bengkalis Regency, lack of personnel, facilities and facilities that are less supportive, limited funds and lack of public concern or participation. The author's suggestions, First, all relevant institutions in order to improve the quality and quantity of each institution, Second, to the local government of Bengkalis Regency to play a greater role in eradicating narcotics crime, providing special operational budgets related to narcotics eradication, building or providing places/rehabilitation homes for narcotics abusers and immediately formed the District-level National Narcotics Agency (BNNK).Keywords: Law Enforcement - Rehabilitation - Narcotics
ANALISIS TERHADAP DASAR PERTIMBANGAN HAKIM DALAM PENERAPAN ALASAN PEMAAF DAN ALASAN YANG MERINGANKAN HUKUMAN PADA PELAKU TINDAK PIDANA PENCURIAN DIMASA PANDEMI COVID-19 DI RIAU Purba, Rantika Br.; Deliana, Evi; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

As a rule of law based on the values of Pancasila and the 1945 constitution of the Republic of Indonesia, the birth of an independent and partial judiciary si one of the main pillars. Realizing the rule of law in national and state life Law Number 48 of 2009 concerning judicial power states that judges must explore, follow, and understand legal values and a sense of justice that lives in the community as well as taking into the good and bad qualities of the defendant. The judge’s responsibility to find the law and determine the law on a case that is resolved in connection with that, the judge’s consideration, especially during the pandemic the judge is obligated to explore and see the condition of the defendant in commiting a criminal act. Are required to be able to make decision by looking at the motives or reasons of the perpetrator in commiting a crime so that judge based on his authority can use excuses and reson that relieve must also try to make decisions that are in line with the prevention of covid-19. This type of research is classified as juridical normative, namely research conducted by examining secondary legal materials or research based on documented standard rules which is also known as library research either through reading books of laws and regulations, materials and websites on the internet, interviews and other reference sources related to this thesis material. From the results of the research, there are three main things that can be concluded. First is the judge’s consideration in every decision during the pandemic. The second is the judge’s consideration in the form of forgiving reasons and mitigating reasons due to several factors such s the backbone of the family, confessing his actions, daring not to repeat It again and thirdly, there is the judge’s consideration of every decision issued by the judge’s, both within the defendant and the outside and the defendant. It is also a consideration for the judge is that there is no transmission either in court or in prison and to support policies issued by the government. Author suggestions, First, it is hope that judges as state officials who carry out the judiciary must really know the right of the defendant as regulated in law, second, judges in giving decisions must uphold a sense of justice in the midst of society, third, to the government and the law enforces to pay attention to their rights. Community rights and fixing solutions and legal problems faced by the parties as well as maintaining social order and public order. Keywords: Judge’s Consideration, Forgiving Reasons, Mitigating Reasons
IMPLEMENTASI PASAL 35 PERATURAN DAERAH PROVINSI RIAU NOMOR 17 TAHUN 2018 TENTANG PENANGANAN FAKIR MISKIN DI KOTA PEKANBARU PutriAna Patmala Lubis; Emilda Firdaus; Zulwisman Zulwisman
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Poverty is a social problem that occurs in the Riau province that requires special handling and is a major and complex problem in social development that requires special attention from the local government. from year to year makes the requirements for getting a job stricter. The purpose of writing this thesis, firstly, is to find out how to implement Article 35 of the Riau Province Regional Regulation Number 17 of 2018 concerning Handling the Poor in Pekanbaru City, secondly, to find out what are the inhibiting factors in the implementation of Article 35 of the Riau Province Regional Regulation Number 17 of 2018 concerning Handling the Poor in Pekanbaru City. Third, to find out what efforts should be made by the Riau Provincial Government in Handling the Poor in Pekanbaru City. legal research used is the type of empirical or sociological research. This empirical or sociological legal research is research in the form of empirical studies to find theories regarding the working process of law in society. From the results of the study, there are three main things that can be concluded: First, how to implement Article 35 of the Regional Regulation of Riau Province Number 17 of 2018 concerning Handling the Poor in Pekanbaru City, Second, What are the Inhibiting Factors in the Implementation of Article 35 of the Regional Regulation of Riau Province Number 17 of 2018 regarding the Handling of the Poor in Pekanbaru City, Third What Efforts Should Be Done by the Riau Provincial Government through the Social Service in Handling the Poor in Pekanbaru City.Keyword: Implementation – Local Regulation – Handling The Poor
EKSISTENSI DEWAN PERWAKILAN RAKYAT DAERAH PROVINSI RIAU TERHADAP PENGELOLAAN KEUANGAN DAERAH DALAM TINDAK LANJUT REKOMENDASI LAPORAN HASIL PEMERIKSAAN BADAN PEMERIKSA KEUANGAN Putri, Athifa Syziya; Artina, Dessy; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Research related to the DPRD of Riau Province with follow-up recommendations on the results of the audit by the BPK is a study that focuses on the existence of the DPRD of Riau Province in overseeing the implementation of follow-up recommendations on the results of the audit by the BPK.The main issues and focus on which the research and preparation of this paper are based are assessing, knowing, and analyzing the role of the DPRD of Riau Province in carrying out its oversight function on the follow-up of recommendations on the audit results of the BPK to realize transparent regional financial governance within the Government Riau Province.This research is a sociological law because it describes legal problems in the implementation of follow-up recommendations on the audit results of the BPK. This research was conducted at the DPRD of Riau Province, the BPK Republic of Indonesia Representative of the Riau Province, and Regional Inspectorate of Riau Province. The population and sample in this study were members of Commission III and Commission IV of the DPRD of Riau Province, the Head of Riau Sub-Auditorate I BPK Republic of Indonesia Representatives of the Riau Province, and Inspector of the Regional Government of Riau Province. Sources of data in this study are primary data and secondary data, with data collection techniques through interviews and literature review.From the results of the study, it can be concluded that the existence of the DPRD of Riau Province on the follow-up to the audit results of the BPK is not in accordance with the Regulation of the Minister of Home Affairs of the Republic of Indonesia Number 13 of 2010 concerning Guidelines for Implementing the Oversight Function of the DPRD on the follow-up on the BPK results. Factors causing the DPRD of Riau Province to have difficulty encouraging officials who do not follow-up on recommendations on the audit results of the BPK are, among others due to employee mutations and a change in the organizational structure of work procedures. The application of the law to officials who do not carry out the follow-up recommendations for the audit results by the BPK is an administrative namely in the form of a written warning, while the criminal sanction has never been applied because there are no implementation instructions in the statutory regulations.Keywords: Excitence – Regional Finance – Follow-up
SISTEM PEMBUKTIAN DALAM TINDAK PIDANA PENIPUAN MELALUI SARANA E-COMMERCE BERDASARKAN KITAB UNDANG-UNDANG HUKUM ACARA PIDANA DAN UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG PERUBAHAN ATAS UNDANG - UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK Syeiqal Afwan Gumilamg; Davit Rahmadan; Adi Tiaraputri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Business fraud through e-commerce means is a fraud that occurs because of the engineering or lies of electronic information by criminals in business through e-commerce means. Victims of fraud through e-commerce means are reluctant to report to law enforcement, while fraud is categorized as ordinary offense. More and more parties are disadvantaged for the actions of the perpetrators of fraud through e-commerce if there is no law that regulates it.This type of legal research is normative law with a normative juridical approach to critically analyze e-commerce-based fraud criminal law norms which aim to explore the disclosure of protection and law enforcement for victims of e-commerce-based fraud. Meanwhile, if viewed from the nature of this research is descriptive. Data collection in this study is a study of documents or library materials.The result of this research is the regulation of the legal system of proof of criminal acts of fraud through e-commerce means in Indonesian criminal law, namely the Criminal Procedure Code only contains the role of proof in Article 183 that judges may not impose a crime on someone unless with at least two valid evidence. In Indonesia, legal regulations regarding e-commerce transactions are still a topic of discussion. Even making legal regulations in e-commerce transactions has created tug of war from two different interests. As a result, this legal regulation has only become a discourse until now. Even if there are rules that regulate e-commerce transaction issues, even that is still very partial and too small. However, this little regulation is not sufficient to accommodate the legal problems that arise in e-commerce transactions. Therefore, the need for comprehensive and integrated arrangements, as well as paying attention to existing arrangements, is something that cannot be denied.Keywords: Evidence System, Fraud, E-Commerce
PERTANGGUNGJAWABAN HUKUM PENYELENGGARA PERDAGANGAN MELALUI SISTEM ELEKTRONIK DALAM NEGERI ATAS PEMBIARAN SEPATU SKECHERS PALSU (STUDI KASUS PADA BUKALAPAK) Rovandie, Rio; Jayakusuma, Zulfikar; Dasrol, Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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This study aims to find out how the legal accountability of trade operators through the domestic electronic system (PPMSE) for counterfeit goods sold by traders on their platforms based on Government Regulation Number 80 of 2019 concerning Trading Through Electronic Systems (PMSE) and to find out how legal protection is against buyers in PMSE activities based on the laws and regulations in Indonesia. The benefits of this research can increase public understanding of PPMSE's legal responsibilities and about community rights as consumers in PMSE activities. This research can also be input and information material for PPMSE to improve supervision, improvement and security in managing its platform in order to protect its users properly. This type of research is normative legal research. The research approach is a case study on the Bukalapak Platform. The result of the research is that PPMSE can be held legally responsible based on vicarious liability which refers to Article 1367 Paragraph (3) of the Criminal Code if it is proven that due to unlawful acts committed by its workers in processing consumer complaints resulting in consumer losses. The form of legal liability is to compensate consumers who are harmed. The clause in the Bukalapak electronic contract that limits the maximum liability is a violation of the laws and regulations so that the objective conditions of the agreement are not fulfilled and the agreement is null and void. Based on the principle of liability with limitations (limitation of liability) PPMSE can be held legally responsible because the clause is detrimental to consumers. Legal protection for buyers in PMSE activities refers to PP PMSE and UUPK, in these regulations there are various forms of buyer rights that must be protected. obliged to provide compensation, compensation and reimbursement. PPMSE is also obliged to try to protect the rights of buyers, PPMSE is obliged to provide electronic contracts, security systems, complaint services, officers who are competent in processing complaints and assist buyers in resolving problems related to their rights properly. Keywords: Liability – PPMSE – PMSE – Counterfeit – Merchants – Buyers

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