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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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PERANAN SUBDIT V POLDA RIAU DALAM PENANGGULANGAN TINDAK PIDANA TERORISME MELALUIDUNIA VIRTUAL( CYBERTERRORISM ) Silalahi, Jonathan Christoper; Erdianto, Erdianto; Elmayanti, Elmayanti
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

Terrorism is a crime that is classified as special / extraordinary (extraordinary crime). Terrorism is considered a criminal act that not only harms others but also violates humanitarian principles. As the times developed, terrorism launched its actions by expanding its operations through computer networks or virtual worlds. In matters relating to the handling of criminal acts of terrorism through the virtual world, the role of law enforcement officials is needed, especially from Sub-Directorate V of the Riau Regional Police. The purpose of writing this thesis is: first, to find the obstacles of Subdit V Polda Riau in dealing with criminal acts of terrorism through the virtual world (cyberterrorism). Second, to find out the efforts of Subdit V Polda Riau in dealing with criminal acts of terrorism through the virtual world (cyberterrorism).The research method of this thesis uses a type of sociological legal research, research which is carried out by conducting legal identification and how the effectiveness of the law applies in society. This research is descriptive. Sources of data used are primary data and secondary data, which consists of primary legal materials, secondary legal materials, and tertiary legal materials. Data collection techniques in this study are using interviews and literature review, after the data is collected then analyzed to draw conclusions.From the results of research and discussion, it can be concluded that, first, in the implementation of law enforcement by Sub-Directorate V of the Riau Regional Police against criminal acts of terrorism through the virtual world (cyberterrorism), obstacles were found, namely from internal factors of Sub- Directorate V Polda Riau such as limited personnel and members who are less skilled and experienced in the field, minimal budget, infrastructure, and the presence of external factors such as conditions in the field or society as well as legal factors. Second, in the countermeasures carried out by Subdit V of the Riau Police against criminal acts of terrorism through the virtual world (cyberterrorism), namely by increasing the number of personnel or human resources, completing infrastructure and also increasing operational costs. In addition, investigators also provide appeals, counsel to the public on criminal acts of terrorism through the virtual world (cyberterrorism), form a special team to maximize surveillance that occurs in the community, and in facing obstacles from legal factors, it is necessary to harmonize law or policy formulation of laws. crimes relating to criminal acts of terrorism through the virtual world (cyberterrorism).Keywords: Sub Directorate V - Prevention - Crime of Terrorism – VirtualWorld
IMPLEMENTASI PERATURAN DAERAH KABUPATEN AGAM NOMOR 1 TAHUN 2020 TENTANG KETENTRAMAN DAN KETERTIBAN UMUM TERHADAP PENYELENGGARAAN ORGEN TUNGGAL DI KECAMATAN TANJUNG MUTIARA Rendra Prima Yoga; Dessy Artina; Zulwisman Zulwisman
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

The implementation of a orgen tunggal often causes unrest in the community because the sound produced by a orgen tunggal sound system exceeds the average safe sound. The Agam Regency Government issued Agam Regency Regional Regulation Number 1 of 2020 concerning Public Peace and Order. However, after the enactment of the regional regulation, there are still many violations that occur in the administration of a orgen tunggal in Tanjung Mutiara District. The research objectives of this thesis are, firstly, to find out the implementation of the Agam Regency Regional Regulation Number 1 of 2020 concerning Public Peace and Order on the implementation of a orgen tunggal in Tanjung Mutiara District. Second, to find out the obstacles in the implementation of the Agam Regency Regional Regulation Number 1 of 2020 concerning Public Peace and Order on the implementation of a orgen tunggal in Tanjung Mutiara District. Third, to find out efforts to overcome obstacles in implementing the implementation of the Agam Regency Regional Regulation Number 1 of 2020 concerning Public Peace and Order on the implementation of a orgen tunggal in Tanjung Mutiara District.  This research is an empirical or sociological legal research. This research is more specific to the effectiveness of the law. The data sources used are primary data and secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The data collection techniques in this study were observation, interviews, literature review, and questionnaires after the data was collected and then analyzed to draw conclusions.  From the results of the study, it was concluded that, First, the implementation of the Agam Regency Regional Regulation Number 1 of 2020 concerning Public Order and Peace on the implementation of a orgen tunggal in Tanjung Mutiara District has not gone well. Second, the obstacles in the implementation of the Agam District Regulation Number 1 of 2020 concerning Public Peace and Order on the implementation of a orgen tunggal in Tanjung Mutiara District, namely the area and human resources, budget and socialization, the substance of regional regulations and follow-up regulations, lack of community roles, community habits. . Third, efforts to overcome obstacles to the implementation of the Agam Regency Regional Regulation No. 1 of 2020 concerning Public Peace and Order on the implementation of a orgen tunggal in Tanjung Mutiara District, namely increasing cooperation between the Satpol PP Agam Regency and regional officials, making a night picket schedule for Satpol PP Agam Regency and more active again in carrying out operations on violations of the implementation of a orgen tunggal, socialization using video conferencing, as soon as possible issuing a regent's regulation, educating the importance of the role of the community, discussing with the Tanjung Mutiara District regional apparatus and other related parties Keywords: Implementation - Regional Regulation - Orgen Tunggal
POLITIK HUKUM PEMBERLAKUAN PERATURAN MENTERI PERHUBUNGAN REPUBLIK INDONESIA NOMOR 133 TAHUN 2015 TENTANG PENGUJIAN BERKALA KENDARAAN BERMOTOR DI KOTA PEKANBARU TAHUN 2019 Lestari, Putri; Firdaus, Emilda; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

In terms of creating and guaranteeing the technical safety of motorized vehicles, an act of testing motorized vehicles is required. This can be seen with the issuance of Law Number 22 of 2009 concerning Road Traffic and Transportation and Regulation of the Minister of Transportation Number 133 of 2015 concerning Periodic Testing of Motorized Vehicles. One of the tasks of the Pekanbaru City Transportation Service is to carry out motor vehicle testing. The results of the pre-research found various phenomena in the implementation of motor vehicle testing, namely not optimal motor vehicle testing services, less than optimal motor vehicle testing equipment due to old equipment, limited funding sources from the Pekanbaru City Budget to facilitate all obstacles that occur. The purpose of writing this thesis, namely, firstly, to find out the legal politics of implementing the Periodic Testing of Motorized Vehicles in the City of Pekanbaru in 2019, secondly, to find out that the Periodic Motorized Vehicles in the City of Pekanbaru in 2019 are in accordance with the benefits of law in Indonesia.The type of research on the Political Law of the Enforcement of the Regulation of the Minister of Transportation of the Republic of Indonesia Number 133 of 2015 concerning Periodic Testing of Motorized Vehicles in the City of Pekanbaru in 2019 which is a sociological law research, namely research that focuses on individual or community behavior in relation to the law.From the results of the research problem there are two main things that can be concluded. First, that the legal politics of the enactment of a ministerial regulation has been relevant enough for testing but only for the technical and non-technical vehicle checking section. Second, the benefits of the Regulation of the Minister of Transportation of the Republic of Indonesia Number 133 of 2015 concerning Periodic Testing of Motorized Vehicles in Pekanbaru City can be felt by the driver, namely it is safer to drive and fulfills the needs of carrying out obligations as citizens. Meanwhile, the implementation of legal politics in the field is still not optimal. The author's suggestions, First, in order for the implementation of the legal politics of this enforcement to be carried out to the maximum, it is necessary to add additional rules governing smart cards that have been applied in motor vehicle testing. Second, the Pekanbaru City Transportation Service through UPTD PKB to act decisively on vehicle owners who do not test motorized vehicles by being given sanctions that focus more on coaching and fines, with the aim of increasing Regional Original Income (PAD), in order to provide a deterrent effect and cause legal benefits.Keywords: Legal Politics, Vehicles, Motorcycles, Safety
Pelaksanaan Pemberian Hibah Berdasarkan Hukum Adat Di Nagari Salayo Kabupaten Solok Muhammad Tegar Adhiyatma; Maryati Bachtiar; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

Customary law is the whole custom (which is not written) and lives in society in the form of morals, habits, and customs which have legal consequences which in this case is regulated in Article 18B Paragraph (2) of the 1945 Constitution. One of the customary laws in Indonesia is The Minangkabau Indigenous People have their own rules in regulating their communities, especially in the distribution of pusako assets. Minangkabau pusako assets are divided into two, namely high pusako assets and low pusako assets, in this case they are related to grants. The problem with the implementation of grants based on customary law that the author wants to examine is one of the problems of grants that occurred in Nagari Salayo, the implementation of this gift was a high pusako grant in the form of land with wooden buildings on it, because it happened not because the descendants of the people became extinct but at that time the recipient The heir was still small and there was no word of consensus, therefore Moechtar donated high pusako property to his son, Misnawati, the Parak Panjang tribe. The formulation of the problems in this thesis are: First, how is the grant implementation in Nagari Salayo, Solok Regency? Second, how is the legal protection of the high pusako grant in Nagari Salayo, Solok District?The type of research used is sociological research, because in this study directly conducted research at the location in order to provide a complete picture and type of the problem under study. This research was conducted by Nagari Salayo, Kubung District, Solok Regency, West Sumatra Province, while the population and sample were all parties concerned with the problems studied with this study. The data sources used were prime data, secondary data and special data. Data collection techniques in this study were interviews and literature study.From the research results, there are two main points that can be rejected. First, the implementation of grants in Nagari Salayo legally takes place according to local customary law with the main requirement of mutual agreement or known as mufakat, this agreement includes the head of the inheritance mamak, ninik mamak, kamanakan, and also the women of the clan. Second, the legal protection of high pusako grants in Nagari Salayo is regulated in which customary law is derived from the principle of customary law itself.Keywords: heirlooms, grants, indigenous Nagari Salayo
Perkawinan Semarga Menurut Hukum Adat Batak Toba (Studi Kasus Di Desa Ria�Ria, Kecamatan Pollung, Kabupaten Humbang Hasundutan, Sumatera Utara) Tommy Christian Silalahi; Hayatul Ismi; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

Marriage in the Toba Batak community is an inter-clan marriage. The process of exogamous marriage (marriage outside the clan group) is a characteristic of the marriage process of the Toba Batak community so that the Toba Batak community strictly prohibits the existence of semarga marriage because semarga marriage (Namariboto) is considered as incest.The research objective was to determine the concept of blood ties in the Toba Batak customary community with the concept of blood ties in general, as well as the legal consequences of the occurrence of same-clan marriages in the Toba Batak Indigenous community. This research is a type of empirical legal research that includes research on legal identification and research on legal effectiveness. The data collection technique used in this study was through interviews with Toba Batak traditional figures in Humbang Hasundutan, namely the Adat Leader in Humbang Hasundutan and using data documentation in the form of tarombo (silsilah Marga) in the Toba Batak Adat. Researchers used empirical legal research to see the conditions of the Toba Batak Indigenous people directly in terms of marriage. The results show that in the tradition of the Toba Batak community, which is a customary unit is a blood bond called the Marga.This clan functions as a sign of the brotherhood that exists between them. This relative relationship in the Toba Batak Indigenous community is generally referred to as the Dalihan Na Tolu system which clearly must be upheld by opening kinship with other families outside the blood ties caused by marriage. Semarga marriages in the Toba Batak Customs are taboo marriages in the prohibited marriage category. If this semarga marriage is carried out by the Toba Batak Indigenous people, it violates the customary rules so that they are called Na So Maradat (people who do not know the customs)Keywords: Toba Batak Customary Law, Toba Batak Traditional Marriage, Due to the same clan marriage
PEMENUHAN HAK-HAK ATAS KESELAMATAN KERJA TERHADAP PEKERJA BATU KAPUR DI CV. BUKIT RAYA LAENDRYS KECAMATAN KAMANG MAGEK KABUPATEN AGAM Iga S. Syahri; Firdaus Firdaus; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

In Law No. 13 Year 2003 on Employment contained in article 86 paragraph (1) it is mentioned that every worker/worker has the right to obtain protection for occupational safety and health, morals and decency, and appropriate treatment with human dignity and dignity as well as religious values. It is mandatory for employers to use Personal Protective Equipment (PPE) to avoid the risk of work accidents that may occur anywhere, and anytime, given that CV. Bukit Raya Laendrys is engaged in limestone production. However, in reality that happens CV. Bukit Raya Laendrys conducted by the company does not comply with the provisions of the prevailing laws and regulations. From that background can be formulated the following problems, namely: how to fulfillment the rights of work safety to limestone workers in CV. Bukit Raya Laendrys Kamang Magek District Agam Regency and how efforts should be made by CV. Bukit Raya Laendrys against workers who have had work accidents.This research is a sociological juridical study, the population of workers / production workers consisting of 3 people and the sample of 3 workers / laborers of the production part, because this study uses purposive sampling method. The data sources in this study are primary, secondary, and tertiary data. The data collection tools used are observation, interviews, documentation, and library studies. The analysis performed is qualitative descriptive analysis.Based on the results of this study, the authors concluded that in fulfilling the rights to work safety that should be received by workers in the form of Personal Protective Equipment that is not provided by CV. Bukit Raya Laendrys, and this violates the provisions of Law No. 13, 2003 on Employment in article 86 paragraph (1). Then efforts can be made by counseling about the importance of using PPE for workers/workers, providing adequate K3 facilities, and providing social security in the form of BPJS to workers who have an accident at work while working.Keywords : work safety, fulfillment of rights, work accident
PERLINDUNGAN TERHADAP KONSUMEN PENGGUNAAN BAN BEKAS DAUR ULANG MENURUT UNDANG UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Ewa Kukuh juwanda; Firdaus Firdaus; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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This research is motivated by the widespread business activities of recycling used tires which are now one of the businesses that are mostly occupied by Small and Medium Industries (IKM). From the economic side, this type of business is expected to be able to make a significant contribution to the national economy. However, in terms of legal protection for consumers of recycled tire products, until now the legal rules used to guarantee the rights of consumers who use recycled tires against all possibilities are Law Number 8 of 1999 concerning Consumer Protection.The type of research used in writing this law is a sociological legal research, with a descriptive nature of research. The focus of the research in this thesis is: 1. Analyzing legal protection for consumers who use recycled used tires according to Law Number 8 of 1999 concerning Consumer Protection 2. Analyzing the responsibilities of recycled used tire business actors according to Law Number 8 of 1999 concerning Consumer protection?The results of this study indicate that: (1) Legal protection in the form of legal rules for consumers who use recycled tires Simamora and Ardath Ban Pekanbaru in the pre-transaction stage and the transaction has not been implemented by business actors in accordance with Law Number 8 of 1999 concerning Consumer Protection. where business actors have not provided clear information to consumers regarding the condition of marketed recycled tires and also business actors have sold used goods that should not be traded. (2) in carrying out their responsibilities, the Simamora and Ardath Tire Recycling Business Actors are already responsible for their business activities in accordance with Law Number 8 of 1999 concerning Consumer Protection. Where business actors in good faith have provided compensation for damage to recycled tires used by consumers.Keywords: Consumer, Recycling, Used Tires, Protection
TINJAUAN YURIDIS PENCEMARAN LAUT OLEH KAPAL ASING YANG DISEBABKAN OLEH TERSANGKUTNYA JANGKAR KAPAL PADA PIPA MINYAK MILIK PT PERTAMINA DI WILAYAH LAUT TERITORIAL INDONESIA Maghfira Dwi Adisti; Zulfikar Jayakusuma; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Environmental pollution that occurred in Balikpapan Bay due to leaking oil pipes belonging to PT. Pertamina is an important case because it causes pollution of the marine ecosystem so that it disrupts environmental functions. In this case, the leakage of the oil pipe was caused by the catch of the anchor of the MV Ever Judger ship, this caused Indonesia to not be directly responsible for it, as regulated in the UUPLH due to the absence of a single factor and as well as the presence of force forward in the case of pollution in Balikpapan Bay. The single factor error referred to in the pollution case in Balikpapan Bay is that more than one party is responsible for the subject. The first party is the MV Ever Judger ship who dumped the ship in the Prohibited Restricted Area (DTT), which should not have dumped the anchor because it could disrupt pipeline operations. The second party, PT Pertamina, as the owner of the pipes, needs to be checked whether the laying of the pipelines supplied with oil has taken into account the details of the pipes even in an emergency.The purpose of the author's research is to determine the effect of international regulations regarding violations by foreign ships that cause pollution in the sovereign territory of the Republic of Indonesia and to find out the efforts of national law in resolving the problem of violations by foreign ships that cause pollution in the sovereign territory of the Republic of Indonesia.This type of research the author is a type of juridical normative research, because in this study the authors took data based on literature review. From the results of the research, the research problems that can be concluded are, first, the author's research suggests the form of responsibility in environmental pollution that cannot be found a single factor of error and involves the subject of international law. The second problem is the Indonesian government's efforts in dealing with the pollution case in Balikpapan Bay, including the provision of punishment and compensation.
ASPEK PIDANA DISKRIMINATIF TERHADAP PELAYANAN PASIEN KURANG MAMPU BERDASARKAN UNDANG-UNDANG NOMOR 36 TAHUN 2009 TENTANG KESEHATAN Afiyfah Nabila; Maria Maya Lestari; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Adult health service is an important issue to increase the standard of living and social welfare in our homeland (Indonesia). A form of health service implementing regulations is law number 36/2009 about health, in which in the law on health, there is should not be discrimination. Furthermore, the aims of this research are: first, to identify the adjustment about sentencing towards discriminatory perpetrators to health’s services. Second, to classify the law of accountability towards discriminatory health’s services against poor patients based on law number 36/2009 about health.Moreover, this law study is using normative legal research. An approach that is used for this study is normative juridical approach. Also, this study use qualitative data for finding the justification. Later on, to get the conclusion the researcher uses deductive thinking method where getting the conclusion by adopting statements or law of general nature to be specific statements.Lastly, sentencing towards discriminatory perpretators health services based on law can be addressed when fullfiled by several factors from article 32 (2) such as; rejection and asking for down money towards health service’s patients which stated article 190, law number 36/2009 about health. The parties that can be asked for the responsibility against discrimination towards indigent patient divided in general and particular. Thereafter, in general this case occur on article 304 and article 531 KUHP. Whereas, in particular this matter stated on article 190 law number 36/2009 about health.Key words: Discriminative – Health Service – Law on Health
TINJAUAN YURIDIS PENGGUNAAN GANJA UNTUK KEBUTUHAN MEDIS Muhammad Nanda Khairul; Zulfikar Jaya Kusuma; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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The state guarantees the health of every citizen as stated in the 1945 Constitution, health improvement must be improved so that the situation is better than what is already there. Everyone has the right to live in physical and mental prosperity, to live and get a healthy living environment and obtain health services, Canada and other countries have legalized marijuana for health needs, marijuana was once used by Fedelis Adi Suseno for his wife's medical needs but contravenes Law Number 35 of 2009 concerning Narcotics. From this background, a problem formulation was born, namely, first, how do you regulate the use of marijuana in Indonesian legislation? Second, what is the ideal concept for medical personnel in the use of narcotic marijuana class 1 in the future? This type of research can be classified as normative-juridical research where this research is carried out on the level of vertical and horizontal synchronization, so that what is examined is to what extent the written positive law is compatible. In this study, the data sources used were secondary data with primary, secondary, and tertiary legal materials which were carried out by means of literature study.From the research results obtained that, first, marijuana is a narcotic substance that has great potential to be legalized either through discriminalization or comprehensive legalization, Canada, South Africa, Uruguay, and California each have legalized marijuana for health needs, however Indonesia has never discussed marijuana separately from various kinds of coverage related to regulatory developments, legalization and discriminalization. This has led to the emergence of social norms regarding cannabis as one of the banned plants in the world and recorded in the UN Single Convention on Narcotics and Drugs 1961. Second, in terms of economics, optimization of cannabis for medical needs is not only used to cure diseases but can also be an alternative source. country income. The author's suggestion is that countries should reduce cannabis from class 1 to lower classes so that there is a permanent legal force that guarantees the use of cannabis as a medical drug, given the UN's decision through WHO which has categorized cannabis as a medicinal plant and legalized marijuana for medical purposes.Keywords: Legalization-Cannabis-Health.

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