cover
Contact Name
-
Contact Email
-
Phone
-
Journal Mail Official
-
Editorial Address
-
Location
Kota pekanbaru,
Riau
INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Arjuna Subject : -
Articles 2,579 Documents
KRITERIA PENERAPAN AMNESTI OLEH PRESIDEN REPUBLIK INDONESIA Lase, Martinus; Indra, Mexsasai; Lestari, Maria Maya
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This research was motivated by giving amnesty to sister Baiq Nuril who triggered various legal problems. Because it’s in a legal habit international and Indonesian constitutional practices, amnesty was only granted to the perpetrator of a politically motivated crime. So that a legal problems, namely the existence of legal uncertainty, absence equality before the law, and contrary to constitutionalism. The research question in this study is about how the criteria for granting amnesty and the ideal concept of granting amnesty? Next for the methodology used in this research is legal research normative, and analyzed qualitatively using Stufenbau theory (stufentheorie) and Hans Kelsen’s theory of positive law. In a draw the conclusion of the author uses the inductive thinking method.Of all the regulations governing the granting of amnesty, the criterion is not clear, even between Article 14 paragraph (2) of the 1945 Constitution and Law no. 11 of 1954 About Amnesty is not harmonious so that it is against stufentheorie. In ideal concept, the President must obtain amnesty approval from the DPR, in order to comply with constitutionalism. However based on analysis that has been done, it can be concluded that the legal basis of giving the criteria for amnesty by the President of the Republic of Indonesia are not clear and tend to be the direction of absolutism. Therefore, ideally the implementation of amnesty by the President Republic of Indonesia, it is based on international legal traditions and traditions Indonesian constitutional law which will be written in the regulations legislation. So the government should give amnesty, first should amend the constitution, make the Presidential Institute Law, amend it The Amnesty Law and changes to the Law on Clemency in order attainment of justice with legal certainty for all Indonesian citizens.Keywords: Amnesty Criteria – Amnesty Concept
PERLINDUNGAN HUKUM TERHADAP TENAGA MEDIS DANKESEHATAN KETIKA BERTUGAS MENANGANI PANDEMI CORONA VIRUS DISEASE-19 DI INDONESIA Mujahida, Nissa; Firdaus, Emilda; 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

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Now the world is faced with a real problem, namely the Corona Virus Disease 2019 (Covid-19) pandemic. Not only the world is struggling against this pandemic, Indonesia is also entering a critical period of the Covid-19 pandemic. In this case, the front line in tackling this pandemic are medical and health personnel. However, the problem is that many medical and health workers have been exposed to Covid-19 while on duty to treat Covid-19 patients and even some of the incidents resulted in death. This incident is a big challenge in the midst of the Covid-19 pandemic considering that medical and health personnel are the main and foremost elements in handling Covid-19. The purposes of writing this thesis are: first, legal protection for medical and health personnel when in charge of handling the Corona Virus Disease-19 pandemic in Indonesia, second, the ideal concept of legal protection for medical and health personnel when in charge of handling the Corona Virus Disease-19 pandemic in Indonesia.This type of research is normative legal research that uses literature study in searching the data. This research is descriptive in nature which tries to provide 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 research uses secondary data or scientific data that has been codified. The results of this study are to explain that legal protection for medical and health personnel when in charge of handling the Corona Virus Disease-19 pandemic in Indonesia has not been carried out optimally. The ideal concept of legal protection for medical and health workers when in charge of handling the Corona Virus Disease-19 pandemic in Indonesia is the first, the ideal concept according to Human Rights. In the form of fulfilling 3 aspects, namely the provision of economic protection, social protection and the provision of technical protection. These three aspects can realize the rights of medical and health workers and can also include guarantees for the protection of the rights of medical and health workers when dealing with patients during the Covid-19 pandemic. Second, the ideal concept of standard operational procedure because medical and health personnel always carry out their profession in accordance with applicable standard operating procedures.Keywords: Legal Protection - Medical and Health Workers - Corona Virus Disease-19 Pandemic
PENYIDIKAN TERHADAP MASSA PELAKU TINDAK PIDANA MAIN HAKIM SENDIRI (EIGENRICHTING) DI KEPOLISIAN RESOR KUANTAN SINGINGI Andre Gunawan; Erdianto Erdianto; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Eigenrichting is a form of violation of the rule of criminal law, because it is an act committed by an unauthorized person and is carried out according to their own will which is contrary to the law. This condition will not emerge by itself, because basically people do not want to commit violence, but because there are things that force them to take vigilante actions, there are various forms of vigilante action. In this case, Vigilante Crimes often occur in the jurisdiction of the Kuantan Singingi Police, where these cases occur almost every year resulting in cases continuing without clarity from the reporting party. In 2015 there were 8 cases, 6 cases were resolved with 15 suspects. In 2016 there were 5 cases and 2 cases were resolved with 10 suspects. In 2017 there were 13 cases, 5 cases were resolved with 13 suspects. In 2018 there were 7 cases and 5 cases were resolved with 12 suspects. then in 2019 there were 17 cases and 11 cases were resolved with 24 suspects. And in 2020 there were 6 cases and 6 cases were resolved with 12 suspects.This research uses empirical legal research or sociological legal research. The samples in this study were the Head of the Kuantan Singingi Police Criminal Investigation Unit, the Kuantan Singing Police Criminal Investigation Unit, Community and Community Leaders. The analytical tool in this research is a qualitative way. This study found that there are things that are not optimal in reality in the field, so it is necessary to anticipate with maximum effort.This study concludes that the investigation of the mass who committed the crime of vigilantism at the Kuantan Singi police resort has not been running optimally. This is reinforced, as almost every year vigilante crime occurs and the case continues without any clarity from the reporting party. In addition, there are several obstacles in the field, such as the limited number of police in the Kuantan Singingi Resort, inadequate coordination between one law enforcement apparatus and another, and local cultural factors that are less participatory in legal developments.Keywords: Main Judge Alone Crime – The crowd - Kuantan Singingi Police
ANALISIS YURIDIS PENGHENTIAN PENYIDIKAN KASUS PERSETUBUHAN PADA ANAK DALAM KELUARGA DENGAN ALASAN MEDIASI BERDASARKAN HUKUM PIDANA INDONESIA Yuli Shara Sihombing; Evi Deliana; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

One form of crime that occurs in the community, namely sexual intercourse is regulated in the Criminal Code, namely Article 287 of the Criminal Code. Furthermore, the crime of sexual intercourse occurring in the family environment involving children as victims is known as cases of sexual intercourse with children in the family as regulated in Article 76 D and 76 E of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. Cases of sexual intercourse in the family are often not processed legally, one of which is the termination of the investigation or called SP-3 by the police due to mediation. Termination of the investigation on the grounds of mediation is not regulated in Article 109 paragraph (2) of the Criminal Procedure Code. Mediation is regulated at the level under the Act, namely in the Letter of the Chief of Police No. Pol: B/3022/XII/2009/SDEOPS dated December 14, 2009 regarding Case handling through Alternative Dispute Resolution (ADR) (police chief's letter 8/2009).Mediation arrangements in the police only apply to cases that cause small material losses and minor crimes, while cases of sexual intercourse with children in the family are ordinary offenses that cannot be resolved by mediation. The case was a serious crime and suffered considerable losses both physically and psychologically.This research will be structured using the type of normative juridical research, namely research that is focused on examining the application of legal rules or norms to legal principles and theories. The data collection technique used in this research is literature study. The approach used in this research is to use a normative approach, namely library law research.The results of the research conducted by the author are first, the provisions of the criminal law of mediation on the crime of sexual intercourse with children in the family are not regulated in Indonesian criminal law. based on the benchmark and scope of the case, it cannot be resolved by mediation. Second, the termination of the investigation of cases of sexual intercourse with children in the family on the grounds of mediation based on Indonesian criminal law in accordance with Article 109 paragraph (2) of the Criminal Procedure Code cannot be carried out because the Criminal Procedure Code has limited the reasons for the termination of the investigation. Even though the victim has made peace, the investigator is still obliged to process the case. The amicable agreement is only used as a consideration by the Prosecutor to reduce the maximum amount of his demands and the judge's consideration to reduce the sentence in the trial process in court.Keywords: Termination of Investigation - Sexual intercourse with children in the family – mediation
MODEL PIDANA KERJA SOSIAL SEBAGAI PENGGANTI PIDANA KURUNGAN DALAM RANGKA MENGATASI PERMASALAHAN KELEBIHAN KAPASITAS LEMBAGA PEMASYARAKATAN DI INDONESIA Yolanda Rizky Rinaldi; Emilda Firdaus; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Almost all prisons and detention centers in Indonesia face the problem of overcapacity which causes prisons unable to carry out their functions optimally. This is because criminalization in Indonesia is more inclined towards imprisonment. The criminal service order is present as an alternative punishment to the crime of deprivation of liberty. The existence of Criminal Service Order is expected to be a solution to the problem of overcapacity in correctional institutions in Indonesia. The purpose of writing a thesis, namely; First, to find out and understand whether the Criminal Service Order’s Model can be used as a Substitute for the Crime of Imprisonment in the Context of Overcoming the Problem of Overcapacity in Prisons in Indonesia.This type of research used in this legal research is normative juridical method, because the purpose of this study is to provide a systematic and comprehensive description or description. In this study the authors conducted research on legal synchronization, by identifying in advance the legal principles that have been proposed in the RUUKUHP. The data source used is secondary data. The data collection technique in this research is the literature review method after the data is collected and then analyzed to draw conclusions.From the results of research and discussion it is known that, first, imprisonment penalties that implement a system of deprivation of liberty do not have a useful purpose of punishment and result in overcapacity in prisons. The emergence of social work punishment as a substitute for imprisonment is deemed to be commensurate with the criminal act committed, namely minor crimes with a short sentence. And a convicted social worker does not need to live in a correctional facility. Second, social work punishment as a substitute for imprisonment would ideally be implemented in Indonesia if in carrying out the sentence there is supervision from the supervisory team and in its implementation there is cooperation with the Social Service and the Environmental Service.Keywords: Criminal Serivice Orders – Criminal Confinement – Over Capacity – Correctional Institution
ANALISIS YURIDIS PELAKSANAAN PERMA NOMOR 2 TAHUN 2012 TENTANG PENYESUAIAN BATASAN TINDAK PIDANA RINGAN DAN JUMLAH DENDA DALAM KUHP (Studi Putusan Pengadilan Negeri Siak) Dirgantara, Aditya; Deliana, Evi; R, Mukhlis
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Prolonged social conflict, namely the decrease in courtesy and nobility in social relations, the weakening of honesty and trustworthiness in the life of the nation as well as the neglect of legal and regulatory provisions, and so on caused by various factors originating both from within and outside the country. One example we need to improve is social ethics and social participation in persons with disabilities or disabilities. As an Indonesian citizen, a person with a disability or disability has the same status, rights and obligations as other citizens. Persons with disabilities whose diverse groups are part of human resources whose rights need to be fulfilled, especially in terms of preparation and empowerment programs, intellectual quality, skill quality and others This research uses the typology of sociological legal research or also called non-doctrinal legal research, which specifically discusses the effectiveness of law. In this study the authors use the nature of descriptive research, because the authors describe how the Implementation of Riau Regional Regulation No 18 of 2013 concerning Protection and Empowerment of Persons with Disabilities in Riau Province. The results of research conducted by the author are, firstly the implementation of the implementation of Regional Regulation Number 18 of 2013 concerning the protection and Empowerment of Persons with Disabilities. Local governments are obliged to protect and guarantee the rights of people with disabilities without discrimination. It is recommended that with the high discrimination rate, every activity carried out must include all persons with disabilities in Riau Province in order to facilitate them in receiving information in any field such as the general publicKeywords: Implementation - Regional Regulation - Persons with Disabilities
Gagagsan Pengaturan Sanksi Tindak Pidana Pembunuhan Anggota Keluarga Dalam Pembaharuan Hukum Pidana Di Indonesia Dahniel, Maida Aulia; Deliana, Evi; 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

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Murder is a criminal act. There have been many criminal acts by criminal law experts. Nowadays killing is not only done to others, but murders in the family are common today. This matter caused by trivial factors or problems, usually economic problems. Murder of a family member is a murder is a murder whose victim is family who still have blood ties, or family ties to the perpetrator murder. It is not regulated regarding the setting of sanctions for murder that occurs in family. Murder is a type of criminal offense whose actions against justice. The offense of murder in the Japanese criminal Code exists teexception to the perpetrator who killed his own parents, a straight line up or the parents of the wife or husband are straight line up, are threatened with serious punishment, namely criminal death or life imprisonment for forced labor. The objectives to be achieved in this research are the first: that isto know what factors caused murder in the family. Second,to know the sanctions applied in the crime of murder against family members in Indonesian positive law and how it is applied. Third, in order to know the idea related to the regulation of the criminal act of murder against future family members in Indonesian. The author did research using normative juridical methods or literature studies in order to obtain secondary data which is divided into 3 (three), namely primary and secondary legal materials and tertiary. In this study, the researcher uses a statutory approach that will examine the law, namely the principle of justice which has a relationship to the problem under study. From the results of the study there are three main things that can be concluded: first about the factors that cause the perpetrator to commit murder. Second, legal arrangements regarding crimes against life are regulated in the Criminal Code (KUHP). Not regulated regarding the setting of sanctions murder that occurs in the family. The three ideas regarding the imposition of sanctions Criminal punishment for perpetrators of murder against family members is a minimum of 20 years imprisonment and plus a third if it is planned and if it is done spontaneously then a minimum sentence of 15 years in prison and a third of the sentenceis added. Authors suggestions, murder cases against family members in Indonesia increasing day by day. Therefore, the state must renew Laws regarding sanctions against murderers who commit murder towards his family members. As well as suggesting that the imposition of sanctions on the perpetrators of the murder of family members are given severe sanctions, namely: a minimum of 20 years in prison and an additional one third it is planned and if it is done unplanned or spontaneously, it is punishable by 15 years in prison plus a third. Keywords: Murder-Criminal-Idea-Family-Sanction Arrangemnt
PELAKSANAAN PERJANJIAN KERJASAMA PROGRAM SANITASI MASYARAKAT DI KOTA PEKANBARU Akbar, Muhammad Fauzi; Ismi, Hayatul; Firmanda, Hengki
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

In the development of this Community Sanitation Program, the Pekanbaru City government through its Work Unit entered into an agreement with the Community Self-Reliance Institution. This is stated in the Collaboration Agreement for the Community-Based Sanitation Program of 2017 Number 09 / SPKS / SANIMAS-IDB / PIP-PKU / VII / 2017 on July 5, 2017. However, in its implementation there have been various problems related to the rights and obligations carried out by the two defenses. the promised party. Therefore, this study aims to: find out the rights and obligations of the parties based on the Cooperation Agreement for the Community Sanitation Program in Pekanbaru City. As well as obstacles and efforts to resolve defaults in the Community Sanitation Program Cooperation Agreement in Pekanbaru City. The method used in writing this research is a qualitative approach, with 2 key informantsThe results of this study indicate that: 1) The government through the work unit has fulfilled its obligations to make project payments, and the MFI has received the right and fulfilled its obligations. However, the implementation of the obligations (the construction of WWTP in Kelurahan Cahaya Limbungan) is still not in accordance with the agreement, especially in relation to the processing time and also the location of the construction. 2) the obstacles faced in fulfilling the rights and obligations are related to the project execution time. the government only pays for projects in accordance with the progress of physical development. Therefore, the settlement of this default is that the government provides a grace period for the MFI to complete the project, without any additional costs from the governmentIt can be concluded that there were problems in the field, in which the parties did not carry out their obligations properly which triggered defaults. It is better if the parties who are bound by the agreement can carry out what they have promised so that there is no problem in the field..Keywords: Agreement, Cooperation, Default.
ANALISIS PERLINDUNGAN HUKUM TERHADAP KORBAN SALAH TANGKAP DALAM TINDAK PIDANA PEMBUNUHAN DALAM PERKARA NOMOR 131PK/PID.SUS/2016 Ardian, Mustika Saraswati; Deliana, Evi; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Protection of human rights, in essence, protection of victims, includingvictims of wrongful arrests, is a manifestation of respect for, upholding andguaranteeing human rights. Based on case No. 1131 / PID.AN / 2013 /PN.JKT.SEL, No. 360 / PID / 2013 / PT.DKI, No. 188K / PID.SUS / 2014, No. 131PK / PID.SUS / 2015 murder cases that were suspected of 4 victims, whoworked as street singers who were ultimately found not guilty, causing losses tothe victim. This type of research can be classified in normative legal research, namelylegal research conducted by researching library materials. This study examinesthe subject matter in accordance with the scope and identification of the problemthrough a statute approach carried out by examining the laws and regulationsthat relate to the legal issue under study. Data collection techniques used in theNormative Legal Research are library research methods (library research) whichuses the library as a means of collecting data, by studying books as referencematerial related to the problems to be studied. The conclusion that can be obtained from the results of the research is thatlegal protection for victims of wrongful arrest in the crime of murder in caseNumber 131PK / Pid.Sus / 2016 has not been fully implemented properly. Thiscan be seen from several provisions inside and outside which are firm and clear, however at the level of implementation it has not been fully implemented properly. Fikri, Fatahillah, Ucok and Pau who are victims of the wrongful arrests of theMurder case have so far not been able to access justice for the losses that befellhim (materially physically and psychologically). Ef orts to restore the rights of thevictim who was wrongly arrested in case Number 131PK / Pid.Sus / 2016 in amurder crime case can be made through a request for compensation andrehabilitation. However, requests for compensation and rehabilitation have notbeen implemented properly. Access to compensation and rehabilitation is still notfully implemented. This is further exacerbated regarding who has to paycompensation. Keywords: Legal Analysis, Victims, Wrong Arrests, Crime
PENYELESAIAN KREDIT MACET ANTARA BANK BPR PIJER PODI KEKELENGEN DENGAN NASABAH PADA PT. BPR PIJER PODI KEKELENGEN DI CABANG SIMPANG POS MEDAN Oktanika, Edward; Jayakusuma, Zulfikar; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Bad Credit Settlement is action resolve a situation where the bank customer is unable to pay partially or completely of the liability to bank as promised between the bank customer and bank. Bank is a business entity that collects funds from the public in the form of saving and distributes in to the public in the form of credit in order to improve the standard of living of the people. Act number 10 of 1998 about banking, classifies bank in two types commercial bank and BPR. BPR is bank financial institutions that accept deposits only in the form of deposits, savings or other form channel funds in the form of credit to improve the standard of living of people carrying out business activities through conventional or syariah principles. In its activities it does not provide services and taffict payment. Bank Customer are parties who use bank service.This type of research is an empirical juridical research or sociological law research, namely a research approach that emphasizes the legal aspect regarding the subject matter to be discussed, associated with the realitiesin the field. This research was conducted in the office PT. BPR Pijer Podi Kekelengen branch company Simpang Pos Medan. The simple and population are customer and bank that etered into a credit aggrement.source of data obtained based on primery and secondary data. Data collection techinques in research using observation, questionnaires, interview, and library studies.Of the research, there are two things that can be concluded, first the settlement of bad credit at bank PT. BPR Pijer Podi Kekelengen branch Simpang Pos Medan. Second, the rights and obligations of the parties in the credit agreement between bank and bank customer at bank PT. BPR Pijer Podi Kekelengen branch company Simpang Pos Medan.Keyword: bad credit settlement – bank – bank customer