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INDONESIA
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
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IMPLEMENTASI JASA PELAYARAN YANG DAPAT DITAWARKAN OLEH PEMERINTAH INDONESIA DI SELAT MALAKA MENURUT HUKUM INTERNASIONAL Bakhunizar, Mohamad Megi Mif; Lestari, Maria Maya; Edorita, Widia
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

This writing discusses how the shipping services offered by Indonesia in order to compete with ports in the world, especially in the Malacca Strait, because basically Indone�sia has more potential to take advantage of the Malacca Strait which is currently still unable to maximize because there are many obstacles faced. This is the point of the problem where even though most of the Malacca Strait is in the territory of Indonesia, in this case the author examines what obstacles occur.In this case, the writer uses a normative research type, which is a descriptive type of research that describes actual events. The data analysis used by the researcher is qualitative data analysis, namely the analysis which does not use statistics or other things. However, re�searchers simply describe descriptively from the data obtained.The results of this study can be concluded into three main things. First, the existing shipping service offered by the Indonesian government in the Malacca Strait, namely the Shipping Guidance Service. The two services that have been offered by countries are several, namely taking from Singapore and Malaysia including parking services, crane services, and loading and unloading facilities between ships. The three services that Indonesia can offer in the future include parking services, fuel supply services, storage services and ship waste management.Keywords : IMO, Shipping Service, Scout Service, Malacca Strait, Indonesia.
Penentuan Kriteria Perbuatan Permulaan Pelaksanaan Pada Tindak Pidana Makar di Indonesia Wahyu Andrie Septyo; Erdianto Effendi; Evi Deliana
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

Makar comes from the word aanslag (Dutch), which according to the literal meaning is an attack or attack. P. A. F. Lamintang has another interpretation of makar or aanslag which means attack or attack with no good intention. While makar according to Article 87 of the Criminal Code: "It is said that there is a plan to do an act, if the intention for it has turned out from the beginning of implementation, as referred to in article 53". So article 87 of the Penal Code only gives an interpretation of the term "makar" and does not give its definition. With article 87 of the Criminal Code, the plan to do such an act if there is an intention for it has existed, which turns out from the initial act of implementation as referred to by article 53 of the Criminal Code. Makar during the Old Order was more concrete because it pointed to real events while during the Reformation, the article makar has been applied even though no real action has occurred. The existence of early acts such as raising the flag, attending meetings has been considered a perfect act. Contrary to a number of facts of recent debates, it shows evidence that the constitutional court ruling that considers the debate on makar has not resolved the issue. Moreover, the Decision of the Constitutional Court does not make interpretations or create new norms about the meaning of makar. This needs to be a determination of the criteria for the initial act of criminal treason in Indonesia. The formulation of problems in this research is First, How is the implementation of cases of the initial implementation of criminal acts in Indonesia? Second, What is the ideal formulation for determining the criteria for the initial implementation of makar crimes in Indonesia?The research method used is a type of normative legal research or literature law research. Research is conducted on legal principles and legal comparisons related to the problems examined. This research was obtained by studying and reviewing books, legislation, various scientific works, and others. Data analysis in this research was conducted qualitatively.The results of the study that law enforcement against the initial implementation of criminal acts during the old order is more concrete than the reform period that reaped many pros and cons and multi-interpretation in its application. The initial act of implementation of the makar crime in Indonesia still refers to the colonial regulation (Criminal Code) related to the elements of the makar crime. It is necessary to formulation new norms in the determination of the initial actions of this implementation through the fulfillment of several criteria of such actions such as meeting the criteria of organized, systematic, massive and serious as the basis for consideration of law enforcement officers conducting law enforcement.Keywords: Makar, Criteria, Beginning of Implementation.
TINJAUAN TENTANG PELAKSANAAN EKSEKUSI OBJEK JAMINAN FIDUSIA PASCA PUTUSAN MK NO.18/PUU-XVII/2019 TENTANG OBJEK JAMINAN FIDUSIA sari, Ayu Frizcha; Ismi, Hayatul; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

Fiduciary as one of the guarantees is an element of bank credit security, which was born preceded by a bank credit agreement. Banks as fiduciary creditors have fiduciary interests based on special guarantee agreements. A fiduciary guarantee agreement is an agreement that arises because of a bank credit agreement. If the debtor customer defaults, The occurrence of this case led to the Constitutional Court Decision. In the decision of the Mahmakah of the Constitution Number 18 / PUU�XVII / 2019 dated January 6, 2020, the Constitutional Court stated that the recipient of fiduciary rights or creditors may not carry out the execution by themselves but must submit a request for execution to the district court, against fiduciary guarantees where there is no agreement on injury promise (default) and the debtor objecting to voluntarily hand over the object which is a fiduciary guarantee This research. This type of research is sociological legal research. Sociological legal research is research that is carried out directly in the location or in the field to obtain data to provide a complete and clear picture of the problem under study. In this study the author focuses on the effectiveness of the law in society. Talking about the effectiveness of the law means talking about the power of the law in regulating and / or compelling to obey the law. As seen from its nature, this research is descriptive in nature, which provides an explanation of a description of the situation, atmosphere and conditions regarding fiduciary security. The results of this study are to determine the implications of the Constitutional Court Decision Number 18 / PUU-XVII / 2019 concerning the Implementation of Fiduciary Guarantee The Constitutional Court decision provides clarity on the phrase of default in the Elucidation of Article 15 paragraph 2 of the Fiduciary Guarantee Law. Such as the forced withdrawal of a customer's vehicle is a breach of the promise of the agreement that has been agreed. Execution of the Fiduciary Guarantee Object After the Constitutional Court Decision Number 18 / PUU-XVII / 2019 Regarding the Object of the Fiduciary Guarantee, the creditor has the right to carry out the execution and sale of the object of guarantee under his own power. There is no justice for customers by not being enforced according to the Decision of the Constitutional Court Number 18 / PUU-XVII / 2019 concerning Fiduciary Guarantee.Keywords : Execution - Object of Fiduciary Guarantee - Constitutional Court Decision
PROBLEMATIKA HUKUM DALAM PENERAPAN SANKSI PIDANA KEBIRI KIMIA BAGI PELAKU TINDAK PIDANA KEKERASAN SEKSUAL TERHADAP ANAK DI INDONESIA Krisananda, Aldi; R, Mukhlis; Ferawati, Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

Punishment against the perpetrators of sexual violence against children as stipulated in law number 17 of 2016 concerning the protection of Children, with the threat of punishment to a maximum of 20 years in prison until chemical castration punishment for perpetrators. Sexual violence against children in Indonesia continues to increase, with the passing of law number 17 of 2016 concerning child protection, which includes the punishment of medical ethics in Indonesia. In terms of human rights, chemical castration punishment is torture and humiliates human dignity, whereas in the medical code of ethich, chemical castration is a punishment that violates the doctor’s oath states that every doctor must prioritize the patient’s health.This type of research is used by using normative juridical research, namely legal research conducted by examining the standard rules that have been recorded. The focus is to examine what are the problems in the application of chemical castration criminal sanctions in Indonesia.The research results show that castration punishment does not contradict human right because castration is a detterent so that the perpetrator does not become a sexual predator. Castration is included in the theory of the purpose of punishment, this theory considers punishment as a deterrent, scares off the perpetrator both in general and specifically as well as corrects the offender so as not to commit crimes of sexual violence against children and the executor for perpetrators of sexual violence against children is carried out by the Indonesian police through the police doctor (Dokpol) and the responsibility is no longer to IDI but to the state.Keywords: Human Right, Castration Penalty, Medical.
PENDEKATAN TERHADAP KEBIJAKAN NON PENAL DALAM PENANGGULANGAN TINDAK PIDANA KORUPSI YANG DILAKUKAN OLEH APARATUR PEJABAT PEMERINTAHAN DAERAH Tiami, Wan Qatrunnada; Rahmadan, Davit; Putri, Adi Tiara
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

Since the enactment of Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption and the amendment to Law Number 21 of 2001 concerning the Eradication of Criminal Acts of Corruption, it has not yet reached the point of success expected in Indonesia. This itself uses a penal policy (criminal law policy), but the penal policy is not effective in eradicating corruption, therefore other policies are needed, namely non-penal policies (policies outside of criminal law) in eradicating corruption.This research will be structured using normative juridical research, namely research that is focused on examining the application of rules or norms in positive law. The approach used in this research is to use a normative approach that is using the principle of legality. Data sources are supported by primary data sources, secondary data, and tertiary data. The data collection technique used is literature review. After the data is collected, it is analyzed qualitatively, and draws conclusions using the deductive method of thinking, namely analyzing the problem from a general form to a special form.Keywords: Corruption-Policy-Nonpenal
MEKANISME CHECK AND BALANCES DALAM PENERBITAN UNDANG-UNDANG NOMOR 2 TAHUN 2020 TENTANG KEBIJAKAN KEUANGAN DAN STABILITAS SISTEM KEUANGAN UNTUK PENANGANAN PANDEMI CORONA VIRUS DISEASE 2019 (COVID- 19) DAN/ATAU DALAM RANGKA MENGHADAPI ANCAMAN YANG MEMBAHAYAKAN PEREKONOMIAN NASIONAL DAN/ATAU STABILITAS SISTEM KEUANGAN Siregar, Nurasiah; Firdaus, Emilda; Indra, Mexsasai
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

Indonesia adheres to the separation of power system and adheres to the Trias politica un-derstanding, where the government system is divided into 3 rooms, legislative, executive and judicial, each of which carries out its duties and functions with a mechanism of checks and bal-ances both in normal and abnormal conditions (state of emergency). Covid-19 which became a world epidemic attacked and affected the state of a country, until Indonesia with the authority given to the 1945 Constitution to the Executive in this case the President to deal with crises and emergencies by issuing a government regulation in lieu of Law Number 1 of 2020 concerning financial policy, where it is hoped that this Government Regulation in Lieu of Law will be able to overcome the economic crisis and become a legal umbrella in terms of diverting APBN funds for the benefit of health recovery and economic recovery. The formulation of the problem pro-posed is how the mechanism of checks and balances against the government in the issuance of Law Number 2 of 2020 regarding financial policy and what is the compelling urgency in the background of the government Regulation in Lieu of Law Number 1 of 2020 concerning finan-cial policy in terms of the decision of the Constitutional Court Number 138 of 2009.This research is a normative juridical research, research conducted based on legal materials and legislation. The approach taken is close to the library approach, namely by studying books and legislation. The types of data used are primary data types, secondary data sources, namely data sources derived from books and other regulations.The theory used in this research is the theory of Trias Politica and the theory of Emergency Constitutional Law. From the research results, the trias politica theory requires a clear separation of powers in order to prevent centralized power and the issuance of government regulation in lieu of Law Number 1 of 2020 concerning financial policy into Law Number 2 of 2020 concern-ing financial policy. the important roles and tasks of the legislature, especially in terms of budg-eting or budgeting tasks with the argument to facilitate policy directions in dealing with the co-rona pandemic. And the president takes refuge in the provisions of the 1945 Constitution Article 22 paragraph (1) it is stated that in matters of urgency that force the president to have the right to stipulate government regulations in lieu of the law. This study also conducted a study on whether the issuance of this Government Regulation in Lieu of Law Number 1 of 2020 fulfilled the ele-ment of compelling urgency in accordance with the provisions of the Constitutional Court's deci-sion Number 138 of 2009.Keywords: Government regulation in lieu of law Number 1 of 2020, Trias Politica, Checks and balances, Coercive Crisis.
EKSISTENSI DINAS PEMBERDAYAAN PEREMPUAN DAN PERLINDUNGAN ANAK DALAM MENGURANGI TINDAK PELECEHAN SEKSUAL DI KABUPATEN BENGKALIS Sufni, Novalia; Firdaus, Emilda; Artina, Dessy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

In principle, child protection is based on the Law of the Republic of Indonesia Number 35 of 2014 concerning amendments to Law Number 23 of 2002 concerning Child Protection which is carried out based on Pancasila and the 1945 Constitution. The principle of protection is regulated based on the best interest of the child. child), where this principle stipulates that in all actions concerning children carried out by the government, society, legislative and judicial bodies, the interests of the child must be the main consideration. Child protection can also be interpreted as all efforts aimed at preventing, rehabilitating and empowering children who have experienced acts of mistreatment in order to ensure their survival and growth and development naturally, both physically, mentally and socially. Child protection is one of the efforts to protect children so that they can carry out their rights and obligations.This research is a sociological or empirical research, so that what is studied initially is secondary data, then it is continued with research on primary data in the field, or in accordance with the realities of life in society.Based on the results of the study, it shows that the existence of the Office of Women's Empowerment and Child Protection in reducing acts of sexual harassment in Bengkalis Regency has so far carried out socialization and development of schools and villages in Bengkalis Regency regarding sexual harassment, prevention of sexual abuse of children, fulfillment of children's rights, prevention of early marriage, making several programs or policies such as stopping school age marriage and stopping sexual abuse of children, conducting campaign activities to the community by cooperating with other stakeholders as partners, providing complaint services and stages of handling. The driving factors for the Bengkalis Regency Women's Empowerment and Child Protection Service in reducing acts of sexual harassment are socialization, complaint services and psychological assistance. While the inhibiting factors for the Bengkalis Regency Women's Empowerment and Child Protection Service in reducing sexual harassment are victims who do not want to report, bad stigma attached to victims, and lack of public awareness. Efforts made by the Bengkalis Regency Women's Empowerment and Child Protection Office in reducing acts of sexual harassment are social approaches, coordination actions, child safety policies, healing processes, and ongoing socialization.Keywords: Existence, Factors, Efforts, Child Protection, Sexual Harassment
SINKRONISASI PERATURAN DAERAH KOTA PEKANBARU NOMOR 12 TAHUN 1998 TENTANG RENCANA UMUM TATA RUANG TERHADAP UNDANGUNDANG NOMOR 1 TAHUN 2011 TENTANG PERUMAHAN DAN KAWASAN PERMUKIMAN DALAM PEMANFAATAN RUANG UNTUK KAWASAN PERMUKIMAN DI KOTA PEKANBARU Sinaga, Yusril Fahmi; Indra, Mexsasai; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

Basically, meeting the need for a house as a place to live or occupy is theresponsibility of the community itself. However, the government, local governments, andprivate companies engaged in housing development are encouraged to be able to assist thecommunity in meeting the need for a house as a place to live or shelter. In the use of space forresidential areas in Pekanbaru City is not evenly distributed, we can see this from the divisionof clustered built areas. Therefore, the Government must make a policy to even out thedevelopment of residential areas. The purpose of writing this thesis, namely: First, todetermine the synchronization of Pekanbaru City Regional Regulation No. 12 of 1998concerning the General Spatial Plan of Law no. 1 of 2001 concerning Housing and SettlementAreas in spatial use for residential areas in Pekanbaru City. Second, to determine the role ofthe Government in the use of space for housing and residential areas.This research is a sociological juridical legal research, which is a research approachthat emphasizes the legal aspects (laws and regulations) with respect to the subject matter tobe discussed, linked to the realities in the field. This study uses primary data sourcesconsisting of primary, secondary and tertiary legal materials.From the research results, it is concluded that, first, that the synchronization betweenPekanbaru City Regional Regulation Number 12 of 1998 concerning General Spatial Planningwith Law Number 1 of 2011 concerning Housing and Settlement Areas fully supportspreserving the environment by utilizing space for residential areas according to with itsdesignation as long as it does not conflict with statutory regulations. By directing policieswisely in controlling spatial use through zoning regulations, licensing, providing incentivesand disincentives, and imposition of sanctions. Second, the role of the Pekanbaru CityGovernment is an embodiment of the distribution of powers in carrying out governmentaffairs, having full authority to regulate its own regional household affairs as mandated inArticle 18 of the 1945 Constitution of the Republic of Indonesia. As well as Pekanbaru CityGovernment can maximize the existing space by minimizing the obstacles that occur.Keywords: Synchronization-Spatial Use– Settlement Areas
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENCABULAN DI KABUPATEN 50 KOTA Putri, Melya Deana; Effendi, Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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As the law states, it is appropriate that the principles of a rule of law must be respected nd upheld, one of the principles is justice, which is the most central idea and at the same time the highest goal taught by every religion and humanity. The crime of sexual immorality is an immoral act committed against minors. In this case it is related to cases of sexual immorality in the District 50 Cities. The purpose of writing this thesis is first to know law enforcement against criminal acts of obscenity in the jurisdiction of District 50 Cities. Second, to determine the factors that hinder law enforcement of the crime of obscenity in the District 50 Cities. This type of research that wants to know the relationship between law and society, this research was conducted at the 50 City District Police, while the population and sample were all parties related to the problem studied, in this study the data source used was primary. data, secondary data, and tertiary data, data collection techniques in this study with interviews and literature study. From the results of the research problem, there are two main points that can be concluded. First, law enforcement against criminal acts of obscenity in the District 50 Cities is carried out by non-penal means, namely providing assistance to victims when taking legal channels, starting from reporting to the police so that their cases are processed, because the obstacles faced in this law enforcement are people who do not want to report, because they think it is all a disgrace to the family and if it is reported it will incur costs. Second, the inhibiting factor in law enforcement, namely internal and external factors. The author's suggestion, first, is expected to continue to make preventive efforts such as conducting socialization to remote areas. Both communities want to report to the authorities regarding the crime of sexual immorality.Keywords: Law Enforcement - Crime - Fornication
TANGGUNG JAWAB PELAKU USAHA DALAM MEMBERIKAN INFORMASI MENGENAI MEREK YANG MEMILIKI PERSAMAAN PADA POKOKNYA STUDI KASUS MEREK I AM GEPREK BENSU DENGAN GEPREK BENSU DI KOTA BUKITTINGGI Zahara, Maya; Firdaus, Firdaus; Dasrol, Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Problems that often occur in brands are brand holders who have similarities between one brand and another that has been registered. The condition of consumers who are harmed a lot, requires efforts to protect them, so that consumer rights can be upheld. Therefore, business actors are respondible for providing correct, clear and honest information to consumers regarding the similarities between their brands and other brands so that consumers are not mistaken or feel cheated and do not harm the interests of consumers and are responsible for consumer rights to create a competitive climate healthy and honest business.The purpose of this study is to determine the responsibility of business actors in providing information about brands that have similarities in essence, a case study of the I Am Geprek Bensu brand with Geprek Bensu brand in Bukittinggi city and to find out what efforts consumers can do to protect their rights by using sociological legal research methods can be concluded that First, there is still a lack of implementation of the responsibilities of business actor I Am Geprek Bensu brand and Geprek Bensu brand in providing information about the two brands that have the same basic principle in using the word BENSU. This is the same as a result that many consumers are mistaken and disadvantaged because it is possible that what they buy is not the food product they really want. Second, efforts that consumers can take to protect their rights can be started by raising awareness within themselves of the importance of the rights of consumers. then consumers must be careful before buying a product, read the information listed on a product, think critically and don’t be easily persuaded when hearing promotions and discounts on a product, look for information about a product if the existing information is not sufficient,dare to ask employees/busoness actors of a product to ensure and obtain clearer and definite information about a product.Keywords: Responsibility-Business actor-brand-I Am Geprek Bensu- Geprek Bensu

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