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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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PERTANGGUNG JAWABAN HUKUM PENYIDIK KEPOLISIAN REPUBLIK INDONESIAAKIBAT TERJADINYA SALAH TANGKAP DI SISTEMPERADILAN PIDANA INDONESIA Hasan, Muhammad Yusuf Innamul; R, Mukhlis; Erdiansyah, Erdiansyah
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

One of the problems that occur in the Criminal Justice System is the violation of rights at one or all levels of examination or investigation. An investigation is a series of actions by an investigator in terms of and according to the method regulated in this Law to seek and collect evidence which with that evidence makes clear about the crime that occurred and to find the suspect (Pasal 1 Butir 2 KUHAP). This research is a kind of normative research. Normative research is also called library research, this research is conducted aimed only at written legislation or other legal materials. This research was conducted on legal principles starting from certain areas of the legal system, by first identifying the legal rules that have been formulated in certain legislation. The results of the study show how the responsibility of the National Police Investigator in the event of a wrongful arrest while carrying out their duties and legal remedies that the suspect can take in the event of a wrongful arrest by the Police Investigator. First, the forms of accountability of Polri investigators to victims of wrongful arrests are a) immaterial responsibilities, namely, Polri investigators directly apologize to victims of wrongful arrests, both verbally and in writing; b) material responsibility, namely providing re-guidance to investigators who violate the code of ethics, furthermore, legal remedies that can be taken if there is a wrongful arrest, namely according to Pasal 1 Ayat 22 KUHAP, compensation. The legal basis for the claim for compensation is Pasal 77 Poin b KUHAP, then rehabilitation in accordance with Pasal 1 Ayat10 KUHAP in poin c. From this research, it can be concluded that the form of responsibility carried out by Polri investigators is divided into 2, namely material responsibility, namely regarding sanctions for apology statements and immaterial responsibility, namely regarding sanctions in the form of retraining obligations in Polri educational institutions. Meanwhile, legal remedies that can be taken by victims of wrongful arrests are by making demands for compensation and rehabilitation. Keywords: Responsibilities of Investigators - Legal Efforts - Victims of Wrong Arrest
IMPLEMENTASI TUGAS PENGHULU TERKAIT PEMBANGUNAN JALAN PEDESAAN BERDASARKAN PERATURAN MENTERI DALAM NEGERI NOMOR 84 TAHUN 2015 TENTANG SUSUNAN ORGANISASI DAN TATA KERJA PEMERINTAHAN DESA DI KAMPUNG DAYUN KECAMATAN DAYUN KABUPATEN SIAK PROVINSI RIAU Syahputra, Julpan; Firdaus, Emilda; Artina, Dessy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

The implementation of road construction is the most basic means that aim to support the smooth running of human transportation networks. The welfare of the community can be seen from the physical condition of the area regarding the facilities provided by the government. Building village independence within the village framework must begin with a good village planning process, and be followed by good program governance as well. Effective rural development is not merely an opportunity but the result of determining priority choices for good planning activities. The village government as the lowest government unit plays a frontline role in governance and development. In the Regulation of the Minister of Home Affairs Number 84 of 2015 concerning the Organizational Structure and Work Procedure of Village Administration, Article 6 paragraph (2) states that "The village head is in charge of organizing village governance, implementing development, community development and community empowerment".This type of research is juridical empirical research or sociological legal research, namely a research approach that emphasizes the legal aspects relating to the subject matter to be discussed, linked to the reality in the field. This research was conducted at the Office of the Pengulu Kampung Dayun and the Office for Community Empowerment and the Village of Siak Regency, while the sample population is all parties related to the problem under study. Sources of data used are primary data and secondary data, data collection techniques in this study are by observation, questionnaires, interviews and literature review.In the research results, there are three main points that can be concluded. First, the implementation of the duties of the village head regarding the construction of rural roads has not been carried out properly. The two inhibiting factors in rural road development are budgetary factors, delays in the implementation of village funds, coordination of related parties, and rarely conducting village meetings. The three future efforts made by the village head in rural road development are the need to plan village development and use local resources.Keywords: Implementation - Development - Rural Roads
Hak Prerogatif Presiden Menerbitkan Peraturan Pemerintah Pengganti Undang�Undang Dengan Dasar Kegentingan Memaksa Panggabean, Pilipi; Lestari, Maria Maya; Artina, Dessy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

One of the prerogatives of the President of the Republic of Indonesia is to issue a Government Regulation in Lieu of Law (Perppu). Article 22 of the 1945 Constitution explains that "In the case of a compelling urgency, the President has the right to stipulate government regulations in lieu of laws. The historical dynamics of laws and regulations in Indonesia show that the background for the issuance of Perppu by the president is generally different. This is due to the fact that the benchmark "Forcing urgency" is always multi-interpretable and the president's subjectivity is large in interpreting the "Forcing urgency" as the basis for the issuance of Perppu, in fact, there is often a proverb in the community that perppu is generally formed not because of a compelling urgency, but because of a President personal interest..This type of research can be classified as normative research with a statutory and historical approach. The data collection technique in this research is literature study, after the data is collected then analyzed to draw conclusions.The results of this study are: First, the prerogative of the President of the President to issue is obtained from the authority of the Delegative President which comes from the legislative authority. The Perppu which was formed on the basis of the urgency of forcing it should not limit Human Rights (HAM) and the president's interpretation in issuing the Perppu is no longer subjective but has been regulated by the Constitutional Court Decision No. 138/PUU-VII/2009. Second, the Perppu issued in 2015 – 2020 has fulfilled the element of coercion based on the Constitutional Court Decision Number 138/PUU/VII/2009.Keywords: President's Prerogative, Perppu, Forced Urgency.
PERTANGGUNGJAWABAN PIDANA TERHADAP APARAT KEPOLISIAN YANG MELAKUKAN KEKERASAN TERHADAP PENGUNJUK RASA Samadi, Muhammad Alfarid; Erdianto, Erdianto; Tiaraputri, Adi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

Police officers may not use violence in securing demonstrations. These provisions areregulated in Article 10 Letter C of the Republic of Indonesia's National Police Regulation Number8 of 2009 concerning the Implementation of Human Rights Principles and Standards in CarryingOut Duties of the Indonesian National Police, however cases of beatings against students fromagency Students Executivein Riau se musala RRI office district, Pekanbaru. Students who aremembers of bodies Student Executivethroughout Riau consist of Riau University (UNRI), RiauIslamic University (UIR), Suska State Islamic University (UIN), and Tabrani Rab University.There were about 37 students who were injured after clashing with the police. The studentsshowed a number of wounds, in the form of bruises on their hands, head and the lips that werebroken due to the impact of the rattan by the Sabhara members.This legal research is normative legal research that is oriented towards positive legalnorms (ius constitutum), namely: research that is more focused on the implementation of positivelegal norms and principles, in the form of a statutory approach that is relevant to study theformulation of the problem of legal issues in this legal research. In this study the authorsconducted a study that examines the analysis of law enforcement against violence perpetrated bylaw enforcement officials against protesters. With the formulation of the problem, how can thecriminal responsibility of the police who commit violence while securing a demonstration bereleased from punishment? What are the limits of violence that can and cannot be done insecuring a demonstration?The author concludes that police who commit violence in a demonstration can be heldresponsible for the crime, because they are state officials who function at the demonstration toprovide security, the violence is carried out consciously by the apparatus and the form of theerrors contained in the Criminal Code. In addition, the police have professional ethics that arecarried out when carrying out their duties, so that it confirms that officers who commit violencewhile securing a demonstration can be held responsible for criminals, and the limits on violencethat can and cannot be done in securing demonstrations are contained in Republic of IndonesiaNational Police Regulation Number 9 of 2003 Procedures for Providing Services, Safeguardingand Handling Cases for Submission of Opinions in Public in Articles 23 and 24Keywords: Accountability - Demonstrations - Police
STUDI KOMPARASI PENANGANAN COVID-19 ANTARA INDONESIA DENGAN MALAYSIA DALAM PERSPEKTIF HAK ASASI MANUSIA Siregar, Fitri Oktarina; Firdaus, Emilda; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

The State of Indonesia is a unitary state, in carrying out a policy in government affairs that covers cross-provincial or cross-country areas under the authority of the central government and the central government becomes the holder of control over the handling of the pandemic at the national level. However, the central government has many limitations in handling it up to the sub-national level. While Malaysia is a country that adheres to the type of federal state with a democratic monarchy system of government. The Malaysian Federation system consists of a central and state government, where the status of the federal and state states is equal. states are given the widest possible autonomy to administer their regions and in a federal state that power is divided in such a way that the federal government and state governments in certain fields are independent of each other, each state has its own policy in dealing with covid. -19. Various strategies and policies were issued by the governments of Indonesia and Malaysia as well as appropriate steps in dealing with the epidemic that spread throughout the world, the government policies in the form of establishing regulations, government authorities, in the health, education, economic and social fields to reduce the spread of corona virus transmission so that it does not spread. spread widely in society and slow down the rate of covid-19.This research is a normative juridical research, research conducted based on legal materials and legislation. The approach taken includes a library approach, namely by studying books and laws and regulations. The types of data used are primary data types, secondary data sources are data sources derived from books and other regulations. The theory used in this research is comparative law theory and political system theory.From the results of the study, there are two main things that can be concluded where comparing two countries with different government systems certainly have different policies and ways of handling. Indonesia with a unitary state centered on the central government and Malaysia with a federal state where the status of the federal state and the states are equal. The policy disparity between the central government and local governments in handling the COVID-19 disease outbreak in Indonesia is experiencing public discourse and there are still some policy weaknesses in the fields of health, economy, social, education, government authority and regulations established to prevent the spread of COVID-19 are increasing. increase.Keywords: Comparison – Policy – Covid-19 – HAM
Tinjauan Yuridis Mengenai Pembelaan Terpaksa (Noodweer) Sebagai Alasan Penghapus Pidana (Studi Putusan Nomor: 1/Pid.Sus-Anak/2020/Pn Kpn) Situmorang, Lina Dwita Damryani; R, Mukhlis; Putri, Adi Tiara
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

The reason for the annulment of punishment is a regulation that is primarily aimed at judges. This regulation stipulates the various circumstances of the perpetrator, who have fulfilled the formulation of offenses as stipulated in the Law, who should be convicted, but not convicted If a person who makes a forced defense which is the reason for the annulment of punishment, is later found guilty of his treatment, then this is clearly contrary to the substance of the rule of law itself as in Article 49 of the Criminal Code.This study will examine the subject matter according to the scope and identification of the problem through a normative juridical approach, with the analysis of Decision Number 1 / Pid.Sus-Anak / 2020 / Pn Kpn. Based on the normative research method, the data source used in this study is a secondary data source consisting of 3 legal materials, namely: primary legal materials, secondary legal materials, tertiary legal materials. Data collected from literature study.Then from the results of the research related to the noodweer, there were cases related to forced defense, including in Decision Number 1 / Pid.Sus-Anak / 2020 / Pn Kpn which started from the perpetrator who made a forced defense by committing acts of persecution which led to the death of a person. , was convicted and convicted as a perpetrator of a criminal act of maltreatment and ended in the defendant being convicted by imposing a punishment for Development in an Institution at a Child Welfare Institution for 1 year. This is certainly contrary to Article 49 of the Criminal Code, which should not be punished, especially because the perpetrator is a child.Keywords: Application of Forced Defense (Noodweer) - Decision Number: 1/Pid.Sus-Anak/2020/Pn.Kpn
PERAN ASEAN DALAM MENANGGULANGI PEMBAJAKAN KAPAL DI WILAY hafiza, aryen nur; Lestari, Maria Maya; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

The Waters of Southeast Asia have important values for countries in theregion. The waters of Southeast Asia have a very high potential for conflictbecauseof the high activities, so more many a security threat, including the threat of ship piracy. The problmes of ship piracy is still going until today aand mostoften occursin the Malacca Strait, South China Sea, and the Sulu Sea. This type ofresearch wasnormative law. The analysis carried out is a qualitative analysis orresearch that isstated in writing.From the resulted of the researched problem, there were two points thatcan be concluded. First, ASEAN's role in tackling ship piracy was byestablishment of forums and regional cooperation to discussed existing threats. Second, the coastal states’ efforts in tackled ship piracy in the Malacca Straitwere by establisha Malacca Strait Patrol,in the South China Sea by establish theaASEAN Declaration on the South China Sea, and the last in the Sulu Sea by establish a Indomalphi’s Coordinated Patrol. The author's suggestion, First, itwas hoped thatASEAN can make a special rule regarding this crime of ship piracyto overcome it.Second, it was hoped that make a court or tribulal for a hijackers.Keywords: ASEAN, Ship Piracy, Southeast Asia, Malacca Strait Patrol,Indomalphi’s Coordinated Patrol.
PERLINDUNGAN HUKUM TERHADAP NASABAH PENGGUNA ATM SETOR TUNAI PADA BANK NEGARA INDONESIA (BNI) CABANG PASAR BAWAH PEKANBARU Yarmalis, Yogi; Ismi, Hayatul; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

The use of ATMs as a facility to make it easier for customers to make cashwithdrawals with banks has changed the banking transaction process from conventionalto virtual in nature where parties do not meet in person but simply through electronicmedia. The use of ATMs, which provide various banking transactions is simpler andfaster, however in fact the use of ATMs can cause problems in usage for customers.This type of legal research is sociological legal research, which in this research, iscarried out directly into 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 the losses experienced by customers in carrying outcash deposit transactions at BNI ATMs Pasar Bawah Pekanbaru branch which areproblematic are material and immaterial losses. Material loss because the customer hasnot received compensation for lost money due to a malfunctioning cash deposit ATM.The immaterial loss suffered by the customer is that a lot of time is wasted in handlingthe complaints procedure to the bank. The responsibility of BNI Bank, Pasar Bawah,Pekanbaru branch for losses suffered by customers in carrying out cash deposittransactions at problematic ATMs is still not maximized, such as settlement times thatare not in accordance with SOPs. The bank only accepts customer complaint reportsand is still being processed. For compensation, the bank has not yet realized it becauseit is still in the process of settlement.Keywords: Legal Protection, Customers, ATM
PENERAPAN PENCABUTAN HAK POLITIK TERHADAP PELAKU TINDAK PIDANA KORUPSI DI INDONESIA Gabriel, Alexander Ricardo; Erdianto, Erdianto; Rahmadan, Davit
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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The growing criminal acts of corruption have made it hard work for law enforcement in Indonesia. In terms of actors, corruption is carried out not by ordinary people, but by those who have an agreed position and status in society. The phenomenon of the rise of public officials and political figures who have been trapped in corruption cases has developed enough. One effort to provide a deterrent effect for those who commit acts of corruption is to provide freedom in the form of revoking political rights.This type of research can be classified in normative legal research, namely legal research conducted by researching library materials. This study examines the subject matter in accordance with the scope and identification of the problem through a statute approach carried out by examining the laws and regulations that relate to the legal issue under study. In this study the authors conducted a study of the principles of law by utilizing descriptive methods. Data collection techniques used in the Normative Legal Research are library research methods (library research) which uses the library as a means of collecting data, by studying books as reference material related to the problems to be studied.The conclusion that can be obtained from the results of the study is the application of revocation of political rights to perpetrators of corruption in Indonesia still raises the pros and cons. The effectiveness of the adoption of political rights against perpetrators of corruption against corruption perception in Indonesia is still not good. The perception indicators of corruption that are still lagging behind a number of countries in ASEAN have an effect on the level of Indonesian competitiveness in the eyes of investors, because the corruption index is still low compared to neighboring countries. corruptors are still involved in the political process. The ideal concept of setting the revocation of political rights to perpetrators of corruption in the future must pay attention to the time limit for its imposition related to the crime committed by the convicted person also associated with the value of the loss.Keywords: Revocation of Political Rights, Actors, Crime, Corruption
AKIBAT HUKUM PERBEDAAN PENULISAN KETERANGAN ZAT YANG TERKANDUNG DI DALAM PRODUK AIR MINUM KEMASAN SMS DENGAN PRODUK YANG DIJUAL OLEH PT. AGRIMITRA UTAMA PERSADA PRODUSEN AIR MINUMAN KEMASAN SMS Isnal Hevi; Zulfikar Jayakusuma; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Consumer protection is an integral part of sound business activities. In ahealthy business activity there is a balance of legal protection between consumersand producers. The absence of balanced protection leaves consumers in a weakposition. Moreover, if the product produced by the producer is a limited type ofproduct, the producer can abuse his monopolistic position.This type of research can be classified in the type of normative legalresearch, which discloses laws and regulations relating to legal theories that arethe object of research. The approach taken is using a qualitative analysisapproach by searching for data in books, journals and other scientific worksrelated to this research. The data sources used are primary and secondary legalmaterials.The conclusions that can be obtained from the results of the study areFirst, the legal consequences of differences in the writing of information onsubstances contained in SMS bottled water products with products sold by PT.Agrimitra Utama Persada, a producer of SMS bottled water, has an impact onconsumer health due to dishonesty by business actors and is contrary to Article 4Numbers 1 and 3, Article 8 Paragraph 1 letters d and f of Law Number 8 of 1999concerning Consumer Protection. Second, the responsibility of PT. AgrimitraUtama Persada against consumers who are harmed due to differences in thewriting of substance descriptions in the sms drink labels are fully responsible forthese claims. If the label attached to the packaging of the product being tradeddoes not match the truth or is misleading, it can be subject to sanctions as statedin the Consumer Protection Law Article 62 paragraph (1).Keywords: Consumer Protection, Bottled Water, Consumer Rights, LegalConsequences, Liability.

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