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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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PENERAPAN SANKSI TERHADAP ANGGOTA POLISI YANG MELAKUKAN KEKERASAN TERHADAP JURNALIS SAAT DEMONSTRASI DI INDONESIA Widya Kus Anggraini; Mukhlis R; Adi Tiaraputri
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

Journalists or journalists are people who do journalistic work, it turns out that there is still no guarantee of protection for journalists while carrying out their journalistic duties even though it has been explicitly regulated in Law Number 40 of 1999 concerning the Press. Violence committed by police officers is not processed and sanctions are not implemented, because the police themselves do not want to investigate these causes because it will damage the image of the police. Meanwhile, the application of sanctions against police who commit violence against journalists has been regulated in Government Regulation Number 2 of 2003 concerning the Technical Implementation of General Courts for Members of the Indonesian Police.This research is structured using the juridical normative research type, which is research focused on examining the application of the norms or norms in positive law. The approach used in this study is to use a normative juridical approach, namely literature law research, using the protection principle normative research type. Sources of data in this study are secondary legal materials and are assisted by primary and tertiary legal materials. The data analysis used by researchers is qualitative analysis, which is the data analyzed by not using statistics or numbers describing descriptively. The author draws a deductive conclusion, namely drawing conclusions from general matters to specific mattersThe results of this study, based on Government Regulation No. 2 of 2003 concerning the Technical Implementation of General Courts for Members of the Indonesian Police, have regulated sanctions for the police. However, the application of sanctions to police officers who commit acts of violence against journalists is very loose and weak in imposing sanctions. The absence of sanctions against police officers who commit violence against journalists, does not provide a deterrent effect to unscrupulous police officers. With the existence of criminal provisions in Law Number 40 of 1999, it should have provided a sense of security to journalists in carrying out their journalistic duties.Keywords: Sanctions Application, Police, Journalist, Violence
PELAKSANAAN PENGAWASAN DINAS KESEHATAN KABUPATEN KAMPAR BERDASARKAN PERATURAN BUPATI NOMOR 42 TAHUN 2016 TERHADAP PELAYANAN KESEHATAN RUMAH SAKIT UMUM DAERAH BANGKINANG Fitri, Dewinta; Indra, Mexsasai; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

Supervision is the process of examining the implementation of an activity that has been previously planned. Supervision of health services at the Bangkinang Hospital is one of the responsibilities of the Kampar District Health Office. In the periodic supervision carried out by the Kampar District Health Office on the Bangkinang Hospital, it is hoped that it can produce results by increasing health services from the Bangkinang Hospital. In this paper the authors focus on monitoring conducted by the Department of Health carried out as for the purpose of writing this paper: First, to find out the oversight conducted by the Health Service Ka Kampar district to Bangkinang Hospital. Second , to find out the inhibiting factors in the supervision process. Third , to find out the efforts made to overcome obstacles in the supervision process.Research conducted by the author, found the results that supervision has been carried out. However, there are still obstacles, one of which is the high expectation of getting excellent health services. So that the Health Office seeks to improve services by increasing the type of Bangkinang Hospital.The author's suggestion is to increase the accuracy of the Health Office in carrying out supervision following up on complaints from the community.Keywords: Department of helth- Hospital Bangkinang - Supervision - Health services.
DISPARITAS PUTUSAN HAKIM DALAM TINDAK PIDANA KORUPSI”, (STUDI PUTUSAN NOMOR:16 /PID.SUS/TKP/2017/PN.SBY, NOMOR: 126 / PID.SUS�TKP/2015/PN.JKT.PST DAN NOMOR : 54/PID.B/TKP/2012/PN.JKT.PST) Riki Rianto; Davit Rahmadan; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

One of the problems in handling corruption cases is the emergence of criminal disparities in terms of punishment. The source of the problem is the judge's decision. Judicial power as a free and independent state power on the one hand has a very positive impact on law enforcement efforts in Indonesia. In this case, the judge becomes an independent body and its decision cannot be influenced by other bodies or powers. But on the other hand, the freedom of judges in making their decisions also has a negative impact, namely the emergence of criminal disparities, such as in the case decision Number :16 /Pid.Sus/TKP/2017/PN.Sby, Number: 126 /Pid.Sus�TKP/2015/PN.JKT.PST and Number: 54/Pid.B/TKP/2012/PN.JKT.PST). Based on these problems, the writer is interested in knowing first, how is the examination of the judge's decision in the case of a criminal act of corruption? Second, what are the factors causing the disparity of judges' decisions in corruption cases?This type of research is classified as normative legal research with the type of legal principles. In normative legal research, the data source is secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The collection of normative legal research data uses data collection techniques using library research. The data obtained through the literature study will be analyzed qualitatively. In drawing conclusions, the author uses a deductive method of thinking, namely a way of thinking that draws conclusions from a general statement or proposition into a specific statement.Based on the results of research and discussion, it can be concluded. First; criminal disparity in cases Number :16 /Pid.Sus/TKP/2017/PN.Sby, Number: 126 /Pid.Sus-TKP/2015/PN.JKT.PST and Number: 54/Pid.B/TKP/2012/ PN.JKT.PST) does not only occur in the same criminal act, but also at the level of seriousness of a criminal act, and also from the judge's decision, both by one panel of judges and by different judges for the same case. The indication can be seen from the difference in the quantity of sentencing for cases whose elements and levels of seriousness can be compared. In addition, the comparison of the amount of state losses in cases of criminal acts of corruption which is directly proportional to the number of penalties imposed for similar corruption cases can be an indicator of the occurrence of criminal disparities in corruption cases. Second, there are several factors that cause criminal disparities, especially in corruption, including the legal system factor, in the Indonesian legal system, one of the factors that can cause criminal disparities is the absence of sentencing guidelines for judges in imposing crimes and factors originating from the judge himself, the judge has very broad freedom to choose the type of criminal (stafsoort) he wants, in connection with the use of an alternative system of criminal threats in the law. Keywords: Decision Disparity - Crime - Corruption
AKIBAT HUKUM KUASA MUTLAK DALAM AKTA PENGIKATAN JUAL BELI DENGAN PEMBAYARAN PENUH ATAS OBJEK JUAL BELI Harpami, Yaumal Akmal; Bachtiar, Maryati; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

The sale and purchase agreement is a legal breakthrough from thecomplexity of fulfilling all the requirements related to the sale and purchasebefore a notary public. Even though the contents have already regulated the saleand purchase of land, the format is only limited to sale and purchase agreement,namely a form of agreement which constitutes or can be said to be a preliminaryagreement. However, the contents of the sale and purchase agreement contain anirrevocable power called absolute power, which has been regulated in theInstruction of the Minister of Home Affairs Number 14 of 1982 concerning theProhibition of Using Absolute Power as Transfer of Rights to Land. The purposeof this study was to determine the legal consequences of absolute power in thesale and purchase agreement deed with full payment.The type of research that the author uses in this research is normativeresearch, the writer uses this type of research on the level of synchronization, isthe extent to which the existing written positive laws are synchronous orcompatible with each other based on the applicable laws and prioritizing librarymaterials. The conclusion of this research is that the use of irrevocable power ofattorney is intended to provide legal certainty to buyers who have paid in full theobject of sale and purchase according to the price stated in the sale and purchaseagreement deed and are not proxies prohibited by Instruction of the Minister ofHome Affairs No. 1982 concerning the Prohibition of Using Absolute Power asTransfer of Rights to Land. So that the legal status is legal to do for the purpose ofprotecting the interests of buyers who have paid for the object of sale andpurchase. Protection of the rights of the parties if one of the parties defaults in thesale and purchase agreement, the protection is in accordance with the protectionof the authentic deed because the sale and purchase agreement deed made is anotary deed drawn up by or before a notary public.Key words: Deed - Sale and Purchase Agreement - Absolute Authority
IMPLEMENTASI KEWAJIBAN PEMERINTAH DALAM MEMBERIKAN PERLINDUNGAN KHUSUS KEPADA ANAK KORBAN KEJAHATAN SEKSUAL BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2014 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK DI KOTA PEKANBARU Tri Meri Handayani; Emilda Firdaus; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

Children as the gold of the future and future generations of the ideals of national development Indonesia have human rights that must be protected from crimes, especially immoral acts in accordance with Article 1 point 2 of the Basic Law Number 35 Year 2914 concerning Amendments to Law No. 23 of 2022 concerning child protection. The large number of cases of sexual abuse against children has made the central and local governments only think about sanctions by the perpetrators, political parties are everywhere and even indifferent to the increasing cases of child abuse without thinking about how to provide protection and rehabilitation both psychologically and socially to children and their families victims of social acts. The purpose of writing this thesis, namely: first, to find out how the government's obligation to provide special protection for child victims of sexual crimes based on Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. Second, to identify obstacles and government efforts in providing special protection for child victims of sexual violence.  This type of research can be classified in the type of sociological judicial research, because in this study the author directly conducted research at the location or place under study to provide a complete and clear picture of the problem under study. This research was conducted at the Department of Women's Empowerment and Child Protection in Pekanbaru City at Jln. Dagang No. 78 Pekanbaru, while the population and sample are all parties related to the problem studied. Sources of data used include primary, secondary and tertiary data. The collection technique used a questionnaire, interview, and literature study.Keywords: Goverment Implementation-Child Immoral Acts
PERLINDUNGAN HUKUM BAGI KONSUMEN MUSLIM DALAM MENGKONSUMSI MAKANAN PADA RESTORAN HOTEL YANG BELUM MEMILIKI SERTIFIKAT HALAL DI KOTA PEKANBARU Putri, Yunda Agusti; Ismi, Hayatul; Firmanda, Hengki
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

In Pekanbaru, the population is predominantly Muslim, namely as many as 1,040,345 or 89.43%. This of course requires certainty regarding the food they eat, especially the food provided in hotel restaurants in Pekanbaru. The total Muslim population in Pekanbaru is 1,040,345 or 89.43%. In 2016, there were 30 hotel restaurants that did not have a halal certificate. In 2019 many hotel restaurants have halal certificates. Based on data obtained from BPJPH Pekanbaru, only 10 hotel restaurants have halal certification.This type of legal research is juridical sociological, which in this research, is carried out directly to the field to collect primary data, and uses descriptive methods. Meanwhile, if viewed from the nature of this research is descriptive.The results of this study are legal protection for Muslim consumers in consuming food at hotel restaurants that do not have a halal certificate in the city of Pekanbaru which is contained in Law Number 8 of 1999 concerning Consumer Protection, which only stipulates that business actors are prohibited from producing and / or trading goods and / or services that do not comply with the provisions of producing in a halal manner, as stated in the statement "halal" which is included in the label. However, Law Number 8 of 1999 concerning Consumer Protection does not explain the sanctions received by business actors who do not have a halal certificate. Likewise with Law Number 33 of 2014 concerning Guarantee of Halal Products. The law is to regulate the realization of halal certificates related to halal assurance of food products which are strengthened by government regulations, the Ministry of Religion and the Halal Product Guarantee Agency (BPJPH) with the aim of creating safety and comfort of food products, especially for Muslim consumers. However, the Law also does not explain the sanctions that are accepted for business actors who do not have a halal certificate. Implementation of the obligation to register a halal certificate for hotel restaurant owners in Pekanbaru city by means of BPJPH appealing to every producer or hotel restaurant owner to take care of ownership of a halal certificate. However, the problem is that the audit problem requires time and intense cooperation on the part of BPJPH to inspect and identify hotel restaurants that do not have a halal certificate.Keywords: Legal Protection, Muslim Consumers, Halal Certificate.
UPAYA BALAI BESAR KONSERVASI SUMBER DAYA ALAM RIAU DALAM PENANGGULANGAN TINDAK PIDANA ILLEGAL LOGGING DI KAWASAN SUAKA MARGASATWA BUKIT RIMBANG DAN BUKIT BALING Haryanto, Popo; Erdianto, Erdianto; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Forests have a very important position and role in supporting national development. The Constitution of the Republic of Indonesia of 1945 Article 33 paragraph (3) explains that "the earth and water and natural wealth contained therein are controlled by the state and used for the greatest prosperity of the people". Forest areas in Indonesia have a function as a conservation function; protected function; and production function. In general, all forests have the function of conservation, protection and production. Each forest area has different conditions according to the physical condition, topography, flora and fauna and biodiversity and ecosystem. In Indonesia, the three functions of the Forest Area have been established as the main function of the forest. which is intended by the main function is the main function carried by a forest. The practice of illegal logging not only takes place in the production forest area but also penetrates in protected forests and conservation areas. On the other hand, the current global era with its various modernization devices has provided relatively accessible accessibility. The practice of illegal logging has threatened the survival of mankind in theworld.This research aims to find out efforts to combat illegal logging in the Bukit Rimbang Wildlife Reserve and Bukit Baling which is the authority of the Riau Natural Resources Conservation Center in terms ofmaintaining and protecting conservation areas conducted based on field studies and interviews. This type of research is categorized into a sociological legal study that stems from factual events and problems that occur and grow in the midst of society.The resultsof this study there are three important things, namely pertama intends to unifytheextent of the efforts that have been made by the Riau Natural Resources Conservation Center in terms of tackling illegal logging in the Bukit Rimbang Wildlife Reserve and Bukit Baling. Second, what obstacles occur in efforts to combat illegal logging in the Bukit Rimbang Wildlife Reserve and Bukit Baling. Third, what steps can be taken to overcome the problem of illegal logging in the Bukit Rimbang Wildlife Reserve and Bukit Baling.Keywords: Effort, Countermeasures, Illegal Logging
TINJAUAN YURIDIS PENEGAKAN HUKUM TERHADAP KAPAL PERIKANAN ASING YANG MELAKUKAN ILLEGAL FISHING DI PERAIRAN ALUR LAUT KEPULAUAN INDONESIA DALAM PERSPEKTIFHUKUM LAUT INTERNASIONAL Hasugian, Dohardo Maharari; Lestari, Maria Maya; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

The large potential of fishery resources in Indonesian territorial waters is no longer a secret between countries, proper management is an advantage for the domestic economy, including cooperation with other countries in fisheries management in the form of an agreement. UNCLOS 1982 became a new breakthrough in fisheries potential as well as the fruit of Indonesia's struggle to solidify the concept of an archipelagic country since the djuanda declaration. However, it turns out that the facts in the field say that Indonesia often has its fishery wealth stolen by foreign fishing vessels in various modes, not forgetting that the sea lanes of the Indonesian archipelago are used as objects for illegal fishing or places of flight, considering that other countries are given the right to cross archipelagic countries which are regulated in national law and guaranteed. by international law. The importance of law enforcement against such theft or what is commonly called illegal fishing is imperative to prevent the same violations and protect Indonesia's fishery wealth.This type of research is a normative legal research that is using literature study in finding data. This research is descriptive in nature which tries to provide detailed and detailed data on the existing problems. In writing this research using qualitative data analysis which means explaining and concluding about the data that has been collected by the author. This study uses secondary data or scientific data that has been codified.The results of this study are to explain the relationship between international law and national law in handling illegal fishing in the sea lanes of the Indonesian archipelago. Of which there are still a number of provisions that need to be regulated, especially regarding law enforcement, so it is necessary to make a regulation related to this matter which can later become a legal basis for enforcing fishing theft and protecting the wealth of Indonesia's fishery resources.Keywords:Law Enforcement, Illegal Fishing, Indonesia Archipelagic Sea Lanes
POLITIK HUKUM PEMBENTUKAN UNDANG–UNDANG DENGAN METODE OMNIBUS LAW BERDASARKAN SISTEM HUKUM INDONESIA Karo Karo, Josua Banta; Indra, Mexsasai; Lestari, Maria Maya
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Indonesia applies the concept of the omnibus law in drafting laws. Omnibus law is a concept of making regulations that combines several rules with different regulatory substances, into one regulation under one legal umbrella. However, in the drafting process there were several irregularities that occurred such as the exclusion of public participation and a closed and hasty process which was contrary to Article 5 of Law of the Republic of Indonesia Number 15 of 2019 concerning Amendments to Law Number 12 of 2011 concerning Establishment. LegislationThis type of legal research is normative legal research. The normative legal approach used in this study is the statute approach, while this research is descriptive in nature.The result of this research is the legal politics of the formation of laws using the omnibus law method based on the Indonesian legal system, namely that the discussion was carried out in a hurry so that it collided with other laws, there was no government effort to involve the public, especially from civil society organizations and labor unions. The formulation of the Job Creation Bill is not transparent and lacks openness. The procedure for the formation of laws using the omnibus law method based on the Indonesian legal system, namely in the hierarchy of the order of laws and regulations in Indonesia as stipulated in the Law of the Republic of Indonesia Number 15 of 2019 does not include the omnibus law method as one of the principles in legal sources as well as a methodological framework for revising statutory regulations.Keywords: Political Law, Omnibus Law, Indonesian Legal System
ANALISIS HUKUM PENCEMARAN YANG TELAH TERBUKTI MELALUI UJI BAKU MUTU LINGKUNGAN AGAR DAPAT MENJADI DASAR BAGI PENEGAKAN HUKUM PIDANA LINGKUNGAN Hermansyah, Danu; Erdianto, Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Environmental law is a field or branch of law that has special characteristics which drupsteen calls the functional law field (functioneel rechtsgebeid), in which there are elements of administrative law, criminal law and civil law. Therefore, the enforcement of environmental law can be interpreted as the use or application of instruments and sanctions in the field of administrative law, criminal law, and civil law with the aim of forcing the subject of law subject to compliance with environmental legislation.This research is a normative legal research, because it is based on library research that takes excerpts from reading books, literature, or supporting books that have relation to the problem to be studied, assisted with primary, secondary and tertiary data sources. This study uses qualitative data analysis and produces descriptive data.From the results of the study, it was concluded that, First, Pollution that has been proven through environmental quality standard tests can be the basis for environmental criminal law enforcement that must meet at least 3 elements, namely: the existence of an unlawful nature (wederrechtelijk), an error (schuld), and only then then the application of a criminal (strafe). These elements can already be used as a basis in the enforcement of environmental criminal law against corporations that have dumped waste into rivers and exceed the threshold for environmental quality testing. Second, the factors that affect pollution that have been proven by environmental quality standard tests can be the basis for the investigation of environmental crimes, which is to prove a criminal act of environmental pollution such as river pollution is not necessarily easy to prove, it must require proof that is truly accurate and valid. namely through expert information and one of the important aspects that can affect the effectiveness and efficiency of environmental management in a country is whether or not an accredited laboratory is available, in this case an environmental laboratory capable of producing data that is valid and reliable, irrefutable, and can be accounted for in an effective manner scientifically as well as legally.Keywords: Pollution, Quality Standards Test, Criminal Law Enforcement

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