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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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PENEGAKAN HUKUM PIDANA YANG DILAKUKAN PENYIDIK PEGAWAI NEGERI SIPIL DIREKTORAT JENDERAL BEA DAN CUKAI TIPE MADYA PABEAN B KOTA PEKANBARU DALAM UPAYA PENANGGULANGAN LIQUID ILLEGAL TANPA PITA CUKAI Novendi Jaya Putra Purba; Maria Maya Lestari; 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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The case regarding liquid excise took place at the Regional Office of the Directorate General of Customs and Excise, Pekanbaru City Type B, where they destroyed the results of the customs and excise action in the parking lot. One of the illegal products that were destroyed was liquid vape or e-cigarettes. During the last three years, Customs and Excise took 838 actions related to 6,580 illegal liquid bottles with the value of goods resulting from prosecution reaching Rp 1.5 billion.This type of research can be classified in the type of sociological (empirical) legal research. However, although there is an element of field research (Sociological) in this study, the data analysis method is carried out with a qualitative approach, because the dominant data used is secondary data or library data with field data as a complement. This research was conducted in the jurisdiction of the Directorate General of Customs and Excise, Type B Intermediate Customs, Pekanbaru City.The conclusions that can be obtained from the results of the study are First, Law enforcement carried out by the Pekanbaru City Customs and Excise is still controlling and is designed to reduce the circulation of illegal liquids because so far the perpetrators of the crime of excise bands have not been followed up to the examination process at court. Even though the criminal acts of illegal liquid circulation without excise stamps for the perpetrators and even liquid traders have fulfilled the elements of offense contained in Law Number 39 of 2007 concerning Excise. Second, the obstacle in law enforcement of illegal liquid circulation without excise in Pekanbaru City is the lack of tips that improve the eradication of illegal liquid circulation, such as providing punishment according to the provisions of the excise law so that it can ensnare perpetrators and create a deterrent effect.Keywords: Policy, Criminal Law, Sexual Violence, Chemical Castration, Criminalization.
Analisis Yuridis Pertanggungjawaban Pidana Terhadap Pemilik Domain Perjudian Di Internet Berdasarkan Perspektif Undang-Undang Nomor 19 Tahun 2016 Tentang Perubahan Atas Undang-Undang Nomor 11 Tahun 2008 tentang Informasi dan Transaksi Elektronik Simamora, Samuel Romulus; Lestari, Maria Maya; Erdiansyah, Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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In connection with the gambling domain there are issues of jurisdiction and also challenges in the application of Article 27 paragraph 2 of the Electronic Information and Transactions Law and also in the application of other cybercrimes, namely the difference in jurisdiction between the dealer and the player. In Indonesia all gambling is prohibited, whereas in many countries gambling can be carried out after obtaining a permit from the government or based on certain conditions. One of the permits for gambling is that the game provides a financial contribution to the state through taxes. Indonesian law enforcement officials may find it difficult to collect evidence if the dealer and / or electronic system that processes gambling is outside the jurisdiction of Indonesia.If viewed from its type, this research is classified as normative legal research. The research proposed for the statutory approach is carried out by examining all laws and regulations related to the legal issue that is being handled. This research is descriptive, which is a study that aims to make a clear and detailed description of the problem.That the criminal liability for owners of gambling domains on the internet based on the perspective of Law number 19 of 2016 concerning amendments to Law number 11 of 2008 concerning Electronic Information and Transactions is based on deliberate errors and negligence committed by the gambling domain owner, so that Criminal liability can be imposed on people who own the gambling domain, especially in Indonesia because Indonesia itself in its legal regulations prohibits all forms of gambling, so that article 27 paragraph (2) of Law number 19 of 2016 may be subject to amendments to law number 11 years 2008 concerning Electronic Information and Transactions.Keywords: Criminal Liability, Cybercrime, Gambling Domain.
PENYELESAIAN WANPRESTASI PEMASANGAN KWH METER PT. RTU DAN MASYARAKAT DESA KEPENGHULUAN KOTA PARET KECAMATAN SIMPANG KANAN KABUPATEN ROKAN HILIR William Joshua Sinaga; Zulfikar Jayakusuma; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

Electricity is the object of the transaction for the installation of the installation which contains a large enough risk. In the installation of electrical installations from PLN, an agreement must be made between the electricity customer and the company. This incident creates a relationship between the two people which is called an engagement. However, in reality there are still many accomplishments that have not been carried out, causing default. For example, the problem in Kepenghuluan Village, Rokan Hilir Regency, where their right to get an electricity installation until it turns on is not fulfilled because of the negligence of the company, namely PT. RTU that causes default.The purpose of this research is to find out about the implementation of cooperation as well as the rights and obligations of PT.RTU and the community as parties that bind themselves to the agreement, to find out the obstacles in implementing the agreement and to find out how to solve them that arise in the agreement process. The type of legal research the writer uses is sociological research. This sociological legal research is a type of research that is viewed from the purpose of legal research. Sociological or empirical legal research consists of legal identification (unwritten) and research on the effectiveness of the lawIn the results of research and discussion there are 3 main problems that can be concluded. First, the party that binds itself to the agreement has rights and obligations that must be fulfilled, namely the first party as the people of Kepenghuluam Village has the right to get an electricity installation until it turns on, and the second party who has the obligation to complete the work of installing electrical installations in Kepenghuluan Village to electricity in the village can light up. Second, an unfulfilled achievement is called a default, namely the incomplete installation of the electrical installation causes losses to one of the parties and can be held accountable. Third, the form of responsibility can be in the form of fulfilling achievements or compensation, namely completing the installation of electrical installations or returning the money that has been depositedKeyword: Agreement, Default, Dispute Resolution
TINJAUAN PUTUSAN PERKARA NOMOR : 3096 K/PID.SUS/2018 DIKAITKAN DENGAN KITAB UNDANG-UNDANG HUKUM ACARA PIDANA Sofi Ayu Anggraini; Mexsasai Indra; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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This study aims to determine how the Review of Case Decisions Number:3096 K/Pid.Sus/2018 is related to the Criminal Procedure Code. The formulationof the problem posed is How is the case verdict Number: 3096 K/Pid.Su/2018related to the Criminal Procedure Code and how is the concept of the idealdecision in case decision Number: 3096 K /Pid.Sus /2018 related to justice.This type of research can be classified in the type of normative research.In this study, the focus is on studying legal synchronization, by comparing theCriminal Procedure Code with Judges' Decisions. The approach taken includesthe literature approach. The data source used is secondary data consisting ofprimary legal materials, secondary legal materials, tertiary legal materials. Thetechnique of collecting data from this research is the literature review method,after the data is collected then it is analyzed to draw conclusions. The theory usedin this research is law enforcement theory and justice theory.First Travel case verdict Number: 3096 K / Pid.Sus / 2018 is linked to theCriminal Procedure Code, based on the Criminal Procedure Code, the assets arereturned to the rightful person, namely the First Travel congregation if the objectis confiscated for the state only items intended to be destroyed or damaged.Therefore, the decision stating that the state has the right to seize the assets is notin accordance with the Criminal Procedure Code.Concept of Ideal Decisions in case decisions Number: 3096 K / Pid.Sus /2018 in accordance with Law Number 48 of 2009 concerning Judicial PowerJudges must give decisions that are in accordance with the law from a sense ofpublic justice and require judges to understand the feeling of law and sense ofjustice who live in society.Keywords: Decisions, Assets, Fraud, Money Laundering, and the CriminalProcedure Code
POLITIK HUKUM TERHADAP JAMINAN ORANG LANJUT USIA TELANTAR DALAM PERSPEKTIF HAK ASASI MANUSIA BERDASARKAN PASAL 9 DAN 10 UNDANG-UNDANG NOMOR 11 TAHUN 2009 TENTANG KESEJAHTERAAN SOSIAL DI KOTA PEKANBARU Alfarizi Alfarizi; Emilda Firdaus; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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The neglect of the elderly group is still a separate note for the Indonesian state and for local governments. Often we meet this elderly group abandoned alone and very far from a decent life. In fact, according to the mandate of Law Number 10 of 2009 concerning Social Welfare, it really guarantees the poor, neglected orphans and even neglected elderly people without exception. The purpose of writing this thesis: First, to find out the legal politics of the neglected elderly insurance in the perspective of human rights based on Articles 9 and 10 of Law Number 11 Year 2009 concerning Social Welfare in the city of Pekanbaru. Second, to find out the inhibiting factors in the guarantee of neglected elderly people in the perspective of human rights in Pekanbaru City. Third, to find out the efforts that can be made to the Abandoned Elderly Security in the Perspective of Human Rights Based on Articles 9 and 10 of Law Number 11 Year 2009 concerning Social Welfare in Pekanbaru City.The type of research used in this legal research is sociological legal research. The research was conducted in the city of Pekanbaru. Analysis of the data used is the author analyzes the data qualitatively. In drawing conclusions, the writer uses deductive thinking method.From the research results, there are two main things that can be concluded. First, the Legal Politics of Security for Abandoned Elderly Persons in the Perspective of Human Rights Based on Articles 9 and 10 of Law Number 11 Year 2009 concerning Social Welfare in Pekanbaru City, it can be said that it has not run optimally. This is further strengthened by the amount of data obtained by the author, namely as many as 29 neglected elderly groups in the city of Pekanbaru. Second, the inhibiting factors in this case start from the lack of government participation and socialization to directly pay attention to the elderly group, limited human resources in terms of screening the elderly group and the lack of service centers for the elderly in the city of Pekanbaru. Keywords: Legal Politics – Abandoned Elderly – Welfare
POLITIK HUKUM PEMBENTUKAN PERATURAN PEMBATASAN TERHADAP ANAK YANG MENYAKSIKAN TAYANGAN BIOSKOP DENGAN RATING DEWASA DITINJAU DARI PERSPEKTIF HAM Nadia Junesti; Emilda Firdaus; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Along with the development of entertainment technology, people have many alternativechoices where to look for entertainment, especially films. The cinema is a democratic public space,whoever has the right to come to access the screen that is currently playing. Even though not allfilms that are produced can be watched by all groups, because there are many contents that are notsuitable to watch, especially for children. However, there are cinema entrepreneurs who allowchildren to access shows with content not intended for children. Talking about human rights, itcannot be separated from children's rights. Regarding the rights and obligations of children wecan see in the Child Protection Law, namely Article 4 to Article 10 of Law No. 35 of 2014concerning amendments to Law No. 23 of 2002 on Child Protection. So in this case there areinherent and unavoidable children's rights. So that parents, society, and the State are expected tobe able to protect a child, because children are a gift as the nation's successor. The behavior of achild whether the child will become the future of the nation depends on the education provided byparents, society and the State.This study uses a typology of normative legal research or what is also called doctrinallegal research, which specifically discusses the level of legal synchronization, because it is relatedto the legal politics of the formation of restrictions on children who watch cinema shows with adultratings from a human rights perspective.The results of the research conducted by the author are, Basically the politics ofregulation regarding cinema, every film shown, circulated, or shown in the cinema must passcensorship. Passing this sensor is evidenced by the existence of a sensor pass certificate. A passcertificate is issued by the Film Censorship Institute (LSF) and signed by the Chairman of the LSF.There are no explicit rules prohibiting cinemas from allowing minors to buy tickets or watch filmswith an "adult" rating. What exists is the sanctions imposed by the LSF for film business actors (inthis case cinema entrepreneurs) who neglect the provisions concerning the inclusion of ageclassification of film viewers. Based on Article 8 paragraph (2) letter d jo. Article 55 of theBroadcasting Law, the sanctions that can be given are limited in nature, namely only limited tosanctions for violating regulations and broadcasting code of conduct as well as broadcast programstandards broadcast by broadcasting institutions that provide broadcasting services both radio andtelevision. So in this case the LSF does not have the authority to impose sanctions on parents orcinemas who allow children to watch cinemas with adult ratings.Keywords: Cinema- Political Law- Human Rights
TINJAUAN TENTANG PEMENUHAN HAK DEBITUR DALAM PERJANJIAN JAMINAN FIDUSIA OLEH PT. PEGADAIAN (PERSERO) CABANG PASAR KODIM PEKANBARU DINI BERLIANA ANNISA; Evi Deliana; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

Fiduciary Guarantee is a security right on movable objects, both tangible and in�tangible and immovable objects, especially buildings that cannot be encumbered with Mort�gage Rights as referred to in Law Number 4 of 1996 concerning Mortgage Rights which re�main in the control of the fiduciary giver, as collateral. for the repayment of debt in the mi�cro business credit agreement by the debtor.The main problem in this study is how to fulfill the debtor's rights in the fiduciary guarantee agreement by PT. Pegadaian (Persero) Pekanbaru Kodim Market Branch and what are the legal consequences of not fulfilling the debtor's rights in the fiduciary guaran�tee agreement by PT. Pegadaian (Persero) Pekanbaru Kodim Market Branch.The research method used is Sociological Legal Research, namely interviews and questionnaires as a data collection tool. In this study, the authors conducted direct research at the research site to obtain materials, data and information related to this research. The nature of the research, this research is descriptive, which provides a clear and detailed de�scription of an event that occurred.Based on the results of the study, it is known that, the fulfillment of the debtor's rights in the fiduciary guarantee agreement is the right to control the object that is used as the object of collateral, because the object of the guarantee is a supporter of the business continuity of the fiduciary provider (Article 1 paragraph (1) UUJF). If the object of the guarantee is executed, the fiduciary giver has the right to receive the remainder of the pro�ceeds from the sale of the object that is the object of the fiduciary guarantee after deducting the payment for the settlement of his debts (Article 34 paragraph (1) UUJF). On the other hand, the fiduciary giver is obliged to maintain and maintain the safety of the object that is the object of the fiduciary guarantee. Mandatory to provide a report on the condition of the object that is the object of the guarantee. If the object that is the object of the guarantee is executed, then the fiduciary giver is obliged to surrender the object (Article 30 UUJF). And they are obliged to pay their debts until they are paid off, especially from the proceeds from the sale of the fiduciary collateral, if the fiduciary provider defaults (Article 34 paragraph (2) UUJF). And the obstacles to fulfilling the debtor's rights in the fiduciary guarantee agreement by PT. Pegadaian (Persero) Pasar Kodim Pekanbaru Branch, namely the case that occurred was one of the civil cases that did not make a deed of imposition of fiduciary guarantees and the obligation to register fiduciary guarantees and were not in accordance with the procedural mechanisms that had been determined by the provisions of the legisla�tion. Fiduciary guarantees that are not registered with a fiduciary institution will be con�strained in terms of executing the object of the guarantee, because they do not have a strong legal standing, namely in this case they do not have a fiduciary deed or certificate.
TINJAUAN YURIDIS PERATURAN PEMERINTAH NOMOR 62 TAHUN 2019 TERHADAP KEPALA BADAN PENGUSAHAAN BATAM DIJABAT EX-OFFICIO OLEH WALI KOTA BATAM DIKAITKAN DENGAN PENYELENGGARAAN PEMERINTAHAN DAERAH Fadhilah Fauzan; Mexsasai Indra; Adi Tiaraputri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Batam as an industrial area which development is carried out by the BatamIsland Industrial Area Development Authority agency, has also been expanded into anautonomous region which later give birth to the Batam City Government. The existence ofthese two government agencies then creates problems in the management of Batam Cityin the form of overlapping / dualism of authority. To overcome this problem, thegovernment then issued a new breakthrough by setting the Head of the Batam ConcessionAgency to be held ex-officio by the Mayor of Batam in the hope that the implementation ofhis duties and authority would be more effective. Therefore, the aim of this thesisresearch is first, the ex-officio determination of the Mayor of Batam from the point ofview of state administrative law. Second, the ex-officio implications by the Mayor ofBatam in public services. Third, the ideal arrangement for the relationship between theBatam City Government and the Batam Concession Agency.This type of research can be classified into the juridical sociological researchtype, because it wants to see the correlation between the law and what happens in thefield so as to reveal the effectiveness of the law's application. With the research locationlocated at the Batam Concession Agency and the Batam City Government, while thepopulation and sample are all parties related to the problem under study. This researchuses data sources in the form of primary data and secondary data, and data collectiontechniques are carried out by means of interviews, questionnaires and literature review.From the research, there are three main points that can be concluded. First,in fact, the ex-officio implementation by the Mayor of Batam is something that is justifiedin state administrative law. Second, the ex-officio implementation carried out by theMayor of Batam has no implication in resolving the problem of overlapping / dualism ofauthority that occurs in Batam City. Third, the ideal arrangement for the relationshipbetween the Batam City Government and the Batam Concession Agency is needednecessary to integrate the Batam, Bintan, and Karimun Free Trade Zone and Free PortExploitation Agency (BP BBK) by first issuing a Government Regulation as a form offurther regulation regarding the work relationship between the Batam City Governmentand the Batam Concession Agency. There is suggestion from author; first, the centralgovernment requires assertiveness in resolving issues of overlapping / dualism ofauthority that occur immediately issued a legal product in the form of a governmentregulation regarding the working relationship between the city government and theBatam concession agency. Second, accelerate the transfer of assets from the BatamConcession Agency to the Batam City Government.Keywords: Dualism – Authority – Public Service – Ex-officio
PELAKSANAAN EKSEKUSI DALAM SENGKETA WARIS TANAH PUSAKO TINGGI (STUDI PADA SUKU PAGAR CANCANG DI JORONG KURANJI NAGARI GUGUAK VIII KOTO KECAMATAN GUGUK KABUPATEN LIMA PULUH KOTA) Febrianti. Z, Cindy; Bachtiar, Maryati; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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West Sumatera is one of the provinces in indonesia which is still very thick with its costums. As an area that still really respect the customs of West Sumatera when talking about land issues using Minangkabau Customary Law. But when the land issue can’t be resolved under the Minangkabau Adat Law, it can continue to the court stage. If the court has decided a decision that has permanent legal force, a decision of the judge will be carried out which is called execution. In this case, it is related to the issue of executing the inheritance of high pusako lands in the Cancangfence tribe which occurred in Jorong Kuranji, Nagari Guguak VIII Koto, Kecamatan Guguk, Kabupaten Lima Puluh Kota. The purpose of writing this thesis is, first, to find out the execution of the high pusako land inheritance dispute in the Cancang fence tribe in Jorong Kuranji, Nagari Guguak VIII Koto, Kecamatan Guguk, Kabupaten Lima Puluh Kota, second, to find out the settlement of the execution of the high pusako land inheritance dispute in the Cancang fence tribe.in Jorong Kuranji, Nagari Guguak VIII Koto, Kecamatan Guguk, Kabupaten Lima Puluh Kota.From the results of the research on the problem, there are several things that can be concluded, first, the ownership of high pusako land is based on the court decision that the defendant must leave the high pusako land controlled by the plaintiff. Second, the settlement of the execution of inheritance disputes that occurred in Jorong Kuranji, Nagari Guguak VIII Koto, Kecamatan Guguk, Kabupaten Lima Puluh Kota, namely this settlement initially used the method of settlement through ninik mamak to Kerapatan Adat Nagari but did not find common ground, after that it was resolved by the court from District Court, High Court, to the Supreme Court.Keywords: Custom, Land and Execution
UPAYA MASYARAKAT MELAYU KECAMATAN PANGEAN KABUPATEN KUANTAN SINGINGI DALAM MENCEGAH DAN MEMBERANTAS PENYALAHGUNAAN DAN PEREDARAN GELAP NARKOTIKA DAN PREKURSOR NARKOTIKA BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA Hidayat, Andri; Erdianto, Erdianto; Tiaraputri, Adi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Narcotics based on article 1 paragraph (1) of Law Number 35 of 2009concerning Narcotics which reads "narcotics are substances or drugs derivedfrom plants, both synthetic and semisynthetic, which can cause a decrease orchange in consciousness, loss of taste, reduce to eliminate taste. pain, and canlead to dependence, which are differentiated into groups as attached in this Law". Narcotics precursors are substances or starting materials or chemicals that canbe used in the manufacture of narcotics which are differentiated in the table asattached to this Law.This type of research can be classified into sociological juridicalresearch where the research tests the effectiveness of the current law. Thissociological research is a type that is viewed from the purpose of legal research.Sociological or empirical legal research consists of legal identification(unwritten) and research on the effectiveness of the law.The research objectives of this thesis are; First, public participation isseen from Article 104 of Law Number 35 Year 2009 concerning narcotics, whichstates that “the public has the widest opportunity to participate in helping toprevent and eradicate the abuse and illicit trafficking of narcotics and narcoticprecursors. The two efforts made by the Malay community of Pangean District inpreventing the circulation and abuse of narcotics.From the research results, based on two problem formulations it can beconcluded. First, so far the community has not fully participated in the preventionand trafficking of narcotics and narcotics precursors, it can be seen from theincreasing number of use and circulation of narcotics in Pangean sub-district.Second, preventive efforts have been made to the maximum extent possible by thevillage apparatus working together with the Police to disseminate information onthe dangers of narcotics abuse and narcotic precursors. However, the problem isin the form of implementation or real action from the community.Keywords: Narcotics, Community Efforts, Prevention

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