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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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KEDUDUKAN KWITANSI SEBAGAI ALAT BUKTI DALAM JUAL BELI TANAH DI PENGADILAN NEGERI RENGAT KELAS II Irza Legista; Emilda Firdaus; Ulfia Hasanah
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

Even though national land law adopts the system of customary law, it has been regulated strictly and real in Article 37 paragraph (1) The Government Regulation Number 24 Year of 1997 about Land Registration, that buy and sell on land object must be conducted in front of authorized officer in this case is Land Titles Registrar (PPAT) and Article 2 Paragraph (1) Government Regulation Number 37 Year of 1998 about Position Regulation of Land Title Registrar (PPAT). In the state court Class II of Rengat are there some civil disputes in which the plaintiff and defendant did buy and sell land with invoice as the payment evidence and transfer of rights. The writing of this undergraduate thesis aims to find out the invoice position as the evidence in land buy and sell at State Court Class II of Rengat.The type of this research could be categorized into sociology research. This research was conducted at State Court Class II of Rengat, Indragiri Hulu Regency, while the population and samples were the parties related to the problem investigated in this research. Data collection was conducted by using interview method and library study. Data analysis was conducted by using qualitative data analysis and in taking conclusion the author used deductive method. The research result and discussion; the invoice as evidence of receiving money established by the parties can be used as written evidence based on Article 164 HIR/284 R.Bg. The invoice made is signed below by the parties as the written evidence (letter underhand) on land buy and sell as the initial evidence is not a strong enough. Therefore, the judge conducted material proving and place cheking on the dispute object. The author‟s suggesion; it is better that the evidence of land buy and sell is an authentic evidence in the form of Deed of Sale and Purchase (AJB) issued by PPAT because it has binding and perfect proof until the judge is binded to the truth proved by the deed. Keywords: Invoice Position-Evidence-Land Buy and Sell at State Court
AKIBAT HUKUM DARI PERKAWINAN DENGAN PENGGUNAAN DATA PALSU DI KOTA PEKANBARU Firdaus, Annisa; Deliana, Evi; Hasanah, Ulfia
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

Marriage is a physical and mental bond between a man and a woman as husband and wife with the aim of forming a family happy and eternal based on god. Marriage is legal if it is carried out according to the respective laws and beliefs and is recorded according to the applicable laws and regulations as required in Article 2 paragraph (1) and (2) Law Number 1 of 1974. Against a legal marriage has legal consequences on the husband, wife and children relating to the position of the husband, wife and assets as well as the position of the child, parents and guardianship. Seeing the clarity of the provisions regarding the legal conditions of marriage, in the field there are still irregularities regarding the implementation of the marriage, one example is falsification of data. Crimes concerning falsification or abbreviated as falsification crimes are crimes in which there is an element of an untrue or false state of something (object) which appears from the outside as if it is true even though it actually contradicts the truth.This type of research is sociological, because in this study the author directly conducts research at the location or place under study in order to provide a clear picture of the problem under study. This research was conducted at the Pekanbaru Religious Court, and the Office of Religious Affairs, Kec. Pekanbaru City and the Office of Religious Affairs, Kec. Marpoyan Damai, while the population and sample are cases of marriage annulment caused by the use of false data. The data sources used, primary data, secondary data and tertiary data, data collection techniques in this study with interviews and literature study.From the research results, there are two main points that can be concluded. First, the legal consequences arising from a marriage with false data in the city of Pekanbaru is terminating the marriage by means of a marriage cancellation, so that the legal consequences arising from the marriage are the same as other marriage cancellations written in the Marriage Law Number 1 of 1974 and also Compilation Islamic law. The legal consequences that arise include the relationship between husband and wife, children born from the marriage and also third parties. Second, the legal protection given to a wife who is married to a partner who uses fake data is preventive legal protection and repressive legal protection.Keywords : Because of law – Marrige - Fake data
PENEGAKAN HUKUM TERHADAP PRAKTIK PERBUATAN “PAK OGAH “MENURUTUNDANG-UNDANG LALU LINTAS DAN ANGKUTAN JALAN DI KOTA PEKANBARU Saragih, Kevin Jeremy Putra; R, Mukhlis; 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

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Abstract

Traffic congestion in Pekanbaru City is caused by the rapid population growth spike. Many of the people of Pekanbaru City come from other areas who are looking for a livelihood in Pekanbaru City. Because of this problem, there were young people known as “Pak Ogah” who did not have a permanent job and considered it an opportunity that could be exploited and made money in return for traffic control services. Some people think that Pak Ogah's actions are reluctant to disturb road users. Pak Ogah's actions are clearly not justified by law. Pak Ogah can be subject to fines and imprisonment. However, the existence of Pak ogah is difficult to eliminate, not only because law enforcement is still weak, but also due to community participation to prevent illegal levies which are still minimal. The formulation of the problem summarized in this study is how the implementation of law enforcement, obstacles, and efforts in overcoming the practice of Pak Ogah's activities in Pekanbaru City. The purpose of this research is to find out the implementation of law enforcement against Pak Ogah, to know the obstacles in enforcing Pak Ogah's practices, and to find out the efforts made to overcome obstacles in law enforcement of Pak Ogah's practical activities.The method used in this research is sociological research. The data collection technique used by the author is through interviews, questionnaires, and literature studies. The author analyzes the data using a qualitative method, namely by collecting data from observations and interviews with several respondents.The results of the research conducted, namely, the implementation of law enforcement on the practices carried out by Mr. Ogah in the city of Pekanbaru is still not in accordance with the provisions stipulated in Law No. 22 of 2009 concerning Road Traffic and Transportation, the obstacles experienced in carrying out enforcement The law is a large number of Mr. Ogahs, having a thug background, and Mr. Ogah does not understand the law itself. Therefore, according to the author, it is very necessary to carry out socialization and guidance about the law from an early age.Keywords: Mr. Ogah, Traffic, socialization
PEMBERESAN HARTA PAILIT PT. ASURANSI BUMI ASIH JAYA DEBITOR KEPADA KREDITOR CABANG PEKANBARU Rio Rizky Ramadhan; Hayatul Ismi; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

The bankruptcy of PT. Asuransi Bumi Asih Jaya Pekanbaru branch causes uncertainty about the status of insurance claims as debt and the position of creditors for the bankruptcy of this company. The number of Bumi Asih Jaya insurance policy holders who have made claims and who have been verified by the curatorial team are 500 policyholders. The curatorial team that has been formed consists of five. Bumi Asih Jaya is recorded as still having a claim debt of Rp. 85.6 billion. The demands of this Bumi Asih Jaya insurance policy holder are that the customer's money can be returnedThis type of legal research is juridical sociological, which in this research, is carried out directly to 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 settlement of the bankruptcy assets of PT. Asuransi Bumi Asih Jaya debtor to creditors of the Pekanbaru branch, namely PT Bumi Asih Jaya, has had its business license revoked by OJK through the Decree of the OJK Board of Commissioners Number: Kep 112 / D.05 / 2013 dated 18 October 2013, while the company was declared bankrupt by the court on 28 August 2015. Regarding the settlement of bankruptcy assets, which are the company's assets, which will then be used to fulfill the company's obligations to creditors is the authority of the curator. The responsibility of PT Bumi Asih Jaya to creditors for bankruptcy filed by the debtor is to hand over the company's assets to the curator. The curator who cleared the bankruptcy estate from PT Bumi Asih and also took care of credit repayments for creditors who made claims.Keywords: Bankruptcy Assets Settlement, Debtors, Creditors
Tinjauan Yuridis Penyembunyian Identitas Pelaku Tindak Pidana Dalam Acara Bertema Investigasi Kriminal Rizqa Putri; Davit Rahmadan; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

Hiding the identity of criminals by the press in events themed on criminal investigations is a case that must be examined and cannot be ignored, this is because it can harm the wider community. In investigating or seeking information, journalists always prioritize personal interests over public interests, this can be seen from, for example, the sale of fake cosmetics, the sale of dangerous food, with journalists receiving the information and not reporting to the authorities, therefore journalists are also included in article 165 of the Criminal Code. . Meanwhile, in Article 165 of the Criminal Code, journalists do not get exceptions. Therefore journalists have violated the article. Regarding the right to refuse for this case it does not apply because in Law no. 40 of 1999 the right to refuse can be canceled in the interest of the state. From the results of the study there are three main things that can be concluded. First, law enforcement against cases of concealing the identity of criminals by the press, which is a form of crime by knowing there is a crime but not by reporting it to judicial officials or the police. This has been stated in Article 165 of the Criminal Code. With this, the judiciary and the police must take firm action against the press so as not to harm the wider community. Second, the sanctions applied in accordance with the case of concealing the identity of the perpetrators of criminal acts by the press must comply with the provisions of Article 165 of the Criminal Code, in order to realize the justice desired by all communities. Author's suggestion, First, there is a need to revise Law no. 40 of 1999 concerning the Press in order to provide clearer certainty to members of the press. Second, there needs to be attention from the legal apparatus and the community so that the realization of forming a new law can be realized. Third, there needs to be a direct effort from the government to approve and handle several issues related to the press around the community.Keywords: Press- Criminal Investigation- Crime
REORMULASI KEBIJAKAN HUKUM PIDANA TERHADAP PEMBERIAN SANKSI PIDANA BERSYARAT Lia Khetryn Sinaga; Dessy Artina; Erdiansyah Erdiansyah
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

In criminal law, there are conditional penalties. Conditional or probationary punishment (parole voorwaardelijke veroordeling) as regulated in Articles 14a-14f of the Criminal Code. In fact, many cases have been sentenced to conditional criminal penalties, which upon further examination do not match the resulting consequences. It is still far away from the implementation of the law and as expected it is because there are still obstacles and challenges in the material of law, legal apparatus, facilities and infrastructure as well as other factors that influence it. The purpose of writing this thesis, namely: First, to find out the arrangements for the provision of conditional criminal sanctions in Indonesian criminal law, Second, to find out the reformulation of criminal law policies towards the impending conditional criminal sanctions in the future.This research is classified in this type of research as normative legal research or it can be called doctrinal legal research. Normative legal research is literature law research. In this normative research, the writer conducts research on legal principles. Research on legal principles is research carried out on legal principles which are benchmarks for behaving or having an appropriate or inappropriate attitude. This research is descriptive analysis, which describes and analyzes the problems raised which aims to describe concretely about the reformulation of criminal law policies against conditional criminal sanctions.From the results of the research and discussion, it can be concluded that, first, in the regulation there are no restrictions on the imposition of conditional and generalizing crimes whether serious or minor crimes as long as the sanctions imposed are not more than one year; second, there has been no effort to reform criminal law, namely to create a codification of criminal law in conditional criminal arrangements with the application of sanctions that only apply to minor crimes.Keywords : Reformulation-Criminal Law Policy-Conditional Criminal
PERAN UNIT PELAKSANA TEKNIS PENDAPATAN DAERAH KECAMATAN MANDAU KABUPATEN BENGKALIS DALAM PEMUNGUTAN PAJAK HOTEL DI KECAMATAN MANDAU DITINJAU DARI PASAL 17 PERATURAN BUPATI KABUPATEN BENGKALIS NOMOR 17 TAHUN 2012 TENTANG PETUNJUK DAN PELAKSANAAN PAJAK HOTEL Safutri, Siti Oktav Yanka; Firdaus, Emilda; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

The taxation sector plays an important and strategic role in state revenue. Regional taxes are divided into two, namely provincial taxes and district/city taxes. In Bengkalis Regency, the hotel tax is regulated in the Bengkalis Regency Regent Regulation Number 17 of 2012 concerning Hotel Tax Instructions and Implementation. The purpose of writing this thesis: First, to determine the role of the UPT for the district of Mandau Bengkalis Regency in collecting hotel taxes. Second, to determine the inhibiting factors. Third, to find out the efforts that can be made by the UPT for the Mandau district of Bengkalis Regency in collecting hotel taxes.The type of research used is empirical or sociological legal research. Sources of data used in this study are primary data and secondary data. Data analysis is the process of compiling data so that the data can be interpreted. In this case, the analysis used is qualitative data analysis, namely data that cannot be measured or assessed with numbers directly. Thus, after the primary data and secondary data in the form of documents are obtained completely, then they are analyzed with regulations relating to the problem under study.From the results of research conducted that the role of the Regional Revenue Unit of Mandau District, Bengkalis Regency in collecting hotel taxes in terms of Article 17 of the Bengkalis Regency Regent Regulation No. 17 of 2012 concerning Instructions and Implementation of Hotel Taxes can be said to have not run optimally. This is because the work mechanism of the Regional Revenue Unit of Mandau District is not yet optimal as the executor and person in charge in the field of regional financial management and the lack of socialization of the application of Article 52 of the Bengkalis Regency Regional Regulation Number 11 of 2011 concerning Regional Taxes, namely hotel taxes to taxpayers. Keywords: Role – Supervision - Hotel Tax
KONTROVERSI PENGIBARAN BENDERA BINTANG KEJORA DI ISTANA NEGARA DALAM PERSPEKTIF HUKUM PIDANA Nurfadilah Nurfadilah; Erdianto Effendi; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

The raising of the Morning Star flag at the State Palace by Papuan students caused a lot of controversy in various aspects, because some people thought that the Papuan students' actions were treasonous but there were also those who thought that it did not include treason. The purpose of this research is to find out the actions taken by Papuan students have included the crime of treason and to find out whether or not there are reasons for the elimination of crimes in the name of democracy. The type of this research is normative legal research based on library research using secondary data. This research uses qualitative analysis and produces descriptive data.From the results of the research, the authors conclude that from the perspective of criminal law, the actions of Papuan students, namely conducting demonstrations with one of the demands, namely wanting to separate themselves from the territory of the Unitary State of the Republic of Indonesia accompanied by the raising of the Morning Star flag are included in the crime of treason. because in this case it has fulfilled the elements of treason in Article 106 of the Criminal Code. In addition, there is no reproach to provide reasons for the abolition of crimes to these Papuan students, because considering the state is in a state of danger so that the state can free itself from its obligations and responsibilities towards human rights and this is in line with Article 28J Paragraph 2 of the 1945 Constitution of the Republic of Indonesia in order to achieve the territorial integrity of Indonesia.The author's suggestion is for the government to immediately form a new norm regarding the crime of treason, in order to provide clarity in the formulation of the criminal act of treason in the Criminal Code, to the Papua Provincial government to immediately form a Special Regional Regulation regarding regional symbols in Papua, and it is hoped that the government can again allow the flying. the Morning Star flag as regulated by the previous Gusdur administration and in order to revise the Government Regulation on Regional Symbols by not including the Morning Star flag as a symbol of the separatist movement, considering that the Morning Star flag is a cultural flag by the Papuan people.Keywords: Crime of Treason-Bintang Kejora Flag-Papuan Students
POLITIK HUKUM PENGATURAN KAWASAN SEKITAR TERHADAP KAWASAN WISATA SEBAGAI UPAYA PERLINDUNGAN DAN OPTIMALISASI KAWASAN WISATA DI KABUPATEN TANAH DATAR Setiawan, Tengku Budi; Artina, Dessy; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Tourism or tourist objects is a source of local revenue in each province inIndonesia. West Sumatra has a lot of potential for natural wealth which is used asa tourist destination. Tanah Datar Regency is one of the areas that has naturalwealth in the form of tourist objects. West Sumatra Province does not yet have aspecial Regional Regulation on Tourism, Likewise with the Tanah Datar RegencyRegulation there is also no regulation on tourism.This type of research can be classified in the type of sociological legalresearch (empirical), because in this study the authors conducted researchdirectly at the location or place under study to provide a complete and clearpicture of the problem under study. The data sources used were primary data andsecondary data. The data techniques in this study were interviews and literaturereview.The conclusions that can be obtained from the research results are First,the legal politics of regulating the surrounding area of tourist areas as an effort toprotect and optimize tourist areas in Tanah Datar Regency are still not fullyimplemented properly. Second, there are several factors inhibiting the formationof regional regulations regarding the surrounding area of tourist areas in TanahDatar Regency. These factors include the absence of mutual understandingbetween the Regional Government of Tanah Datar Regency and DPRD of TanahDatar Regency. and Third, the implication of the formation of regionalregulations on tourist areas as an effort to protect and optimize tourist areas inTanah Datar Regency is an effort to develop and improve the administration oftourism, to develop tourist objects and attractions, both in the form of exploitingexisting tourist objects and attractions. exist or create new objects as touristobjects and have tourist attractions.Keywords: Implementation, Credit Agreement, Business Capital, VillageEconomy Business, Savings and Loans, Community, Pekanbaru.
Perlindungan Hukum Debitur Terhadap Fintech Berbasis Aplikasi Yang Tidak Terdaftar Di Otoritas Jasa Keuangan Provinsi Riau Melly Carolina Bangun; Hayatul Ismi; Hengki Firmanda
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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The development of the digital era of technology in Indonesia is very rapid nowadays, which affects people to be able to access the latest information, and makes it easier for people to complete their work quickly and effectively with the availability of electronic service features. One of the technological developments that has become a trending topic in Indonesia today is Financial Technology (FinTech). In banking itself, it has adopted Financial Technology, which digital banking consists of (Internet Banking, M_Bangking, SMS banking, Phone Banking, and ATM). However, over time, many FinTech Start-Ups have sprung up that offer various conveniences to the public that put banking at risk.This type of research is a sociological juridical research, because the author examines the problems that occur. The research was conducted at the Financial Services Authority of Riau Province, while the population and sample were all parties related to the problems studied in this study, the data sources used, primary data, secondary data and tertiary data, data collection techniques in this study were carried out by interviews. and literature review.Based on the role of the financial services Authority (OJK) in providing legal protection for online loan recipients. With the victims of online loans who don't know what they have to do to get their rights. The OJK Regulation states how the role of the OJK is in providing information, education and also complaint services for people experiencing problems in the banking sector and also in fintech. The thing that makes the author interested in knowing how the role of the Financial Services Authority (OJK) in providing legal protection for online loan recipients is not registered in an online-based loan and borrowing agreement according to the Financial Services Authority Regulation Number 77 / POJK.01 / 2016 regarding lending and borrowing money services based on information technology (OJK Riau Province case study).From the results of research conducted by the author at the Financial Services Authority (OJK) in providing legal protection for illegal online loan recipients in the Online-Based Lending and Borrowing Agreement. Here the role of the OJK is not really felt by its presence in the community regarding information and education by disseminating it to the public about fintech. In the OJK Regulation it is stated that OJK is in charge of providing information, education to the public and providing complaint services to the public. In addition, OJK has also not made a regulation whereby an organizer or lender cannot operate without obtaining a license or permit from the OJK, considering that there are many illegal operators who have not obtained OJK's license but are already operating.Keywords: Financial Technology –Legal Protection – Ilegal Online

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