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INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 2,579 Documents
 177   178   179   180   181 
URGENSI KRIMINALISASI TERHADAP PENIKMAT JASA PROSTITUSI ONLINE DALAM HUKUM PIDANA INDONESIA Yudith Muhammad; Emilda Firdaus; Mukhlis R
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

Online prostitution is an activity of prostitution or an activity that makes a person an object to be traded via electronic or online media, the media used such as michat, whatsapp, and telegram. In other words, here the community is demanded to be more able to respect the norms and values contained in people's lives because this online prostitution case can destroy the future of the nation, such as cases that were found with perpetrators who were still teenagers and the lack of strict legislation to ensnare them. prostitute.In writing this thesis, the author uses the synchronization level normative research method, namely a study of secondary data in the form of laws and regulations, as well as the results of research by law scholars, such as books related to the subject matter of which then proceed with research on primary data (data obtained directly from respondents). To draw conclusions from the data collected, the authors use deductive analysis techniques, namely by drawing conclusions from general to specific conclusions.From the results of the research on the problem, there are two things that can be concluded. Law enforcement against users of online prostitution services, in Indonesia there are various laws and regulations that prohibit prostitution, but these rules are not yet comprehensive to ensnare the parties involved, especially users of prostitution services. Secondly, criminal law policies that are in accordance with the needs of the community are one of the ways to overcome prostitution in Indonesia, the application of such criminal law policies does not harm either party, there is injustice in ensnaring the practice of prostitution, therefore a sense of justice is applied in ensnaring The perpetrators of prostitution will be realized if the criminal law policy is changed and replaced with a new one so that the perpetrator and the user of prostitution can be subject to legal traps through statutory instruments.Keywords: Criminalization, Prostitution, Prostitution Consumers
MODEL PENYELESAIAN TINDAKAN PELANGGARAN PEMANFAATAN BIOTA LAUT MENURUT HUKUM ADAT MELAYU MANDAH RIAU Tri Mukti; Davit Rahmadan; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Violation of the use of marine biota in Mandah Subdistrict occurs because in Mandah Subdistrict the population is mostly fishermen. From this abundance of sea and river products, there are some irresponsible people who catch fish by means of centrums and poisoning. Which will result in the exhaustion of large fish populations down to small fish and this is very damaging to the surrounding environment. As happened in the Simar village, Mandah District, because of his fishing activity at the center, he himself was hit by the throttle. This is a concern for the Mandah Malay Customary Institution to determine the laws that apply to its society. This research is classified as sociological research, because in this study the author directly conducted research at the location or place studied in order to provide a complete and clear picture of the problem under study. This research was conducted at the Riau Malay Customary Institution, Mandah District, while the population and sample were all parties related to the problems studied in this study, the data sources used, primary data, and secondary data, and tertiary data, data collection techniques in this study. conducted by interview, and literature study. The results of the research include: First, the model for solving crimes using marine biota according to LAMR Mandah, the community is not allowed to buy the proceeds from their arrest and will be followed up by the authorities if it is still sustainable. Second, the role of LAMR in its duties is to guide, develop, and implement as well as guard the customary values of Malay Culture to the community. Third, one of the obstacles faced is the lack of awareness of the perpetrators to stop fishing using a centrum tool, the lack of awareness that if this continues it will have an impact on the population of extinct biota, and usually the modus operandi that often occurs by the perpetrators doing their actions at night. , so that it seems secretive and when community activities are gone. Keywords: Utilization of Marine Biota, Riau Malay Traditional Institution, Actors
IMPLIKASI BERLAKUNYA UNDANG-UNDANG NOMOR 3 TAHUN 2020 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 4 TAHUN 2009 TENTANG PERTAMBANGANMINERAL DAN BATUBARA DALAM PENGAWASAN PERTAMBANGAN RAKYAT GALIAN BATUAN MARTA KUSMIARI; Mexsasai Indra; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

A state or government exists to ensure the welfare of its people, so it is necessary to supervise the management of natural resources. Supervision in the natural resource management sector is important in Indonesia, this is in accordance with the mandate in Article 33 paragraph 3 of the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945). Supervision of the mining natural resource sector, especially community mining of rock excavation, is the authority of the state as control over mining and the government as the executor of the supervisory authority. Supervision of mining has undergone many changes in accordance with the issuance of regulations in new regulations, the latest Law, namely Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining, reinstating the authority of the provincial government by revoke the authority over the concurrent affairs of the regional government over mining, so that the authority over mining is carried out or regulated directly by the central government.This type of legal research can be categorized as normative-empirical legal research with the live case study category, the live case study approach is an approach to a legal event that is still in progress or has not ended. The data sources used are secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The data collection technique comes from the literature study method, after the data is collected, conclusions are drawn.From the results of the study obtained 2 (two) main things, namely first the central government wishes to build a licensing system in the mining sector as well as possible with the new Mining Law, secondly the changing authority system which in accordance with the applicable regulations causes many problems in terms of supervision and licensing in the mining sector. The researcher's suggestions are first to improve Human Resources who play an important role in the mining sector so that the desired system can be achieved, secondly to coordinate in terms of mining supervision with local governments in regional regulations.Keywords: People's Mining Rock Quarry – Supervision -Authority
PENATAAN REGULASI LEMBAGA NEGARA MANDIRI DALAM STRUKTUR SISTEM KETATANEGARAAN INDONESIA Ambarwati, Herika; Artina, Dessy; Tiaraputri, Adi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

The establishment of an independent state institution has different names, making it unclear in its accountability, through the third amendment to the 1945 Constitution of the Republic of Indonesia it was agreed that the formation of a Judicial Commission based on Article 24B Judicial Commission is independent, this does not give meaningful meaning to its institutional status , The Judicial Commission is clearly closer to the function of judicial power, because the Judicial Commission (KY) regulation is in the 1945 Constitution of the Republic of Indonesia (UUD NRI). In addition, there are also institutions that are at the same level as the Judicial Commission, namely state institutions. independent which has the same level of function. Unlike the Judicial Commission, these three institutions are not regulated in the constitution, namely the Attorney General's Office, the Corruption Eradication Commission, and the National Human Rights Commission. However, the regulation stipulated by article 24 paragraph (3) which states "Other bodies whose functions are related to judicial power are regulated in law" So that becomes a problem. This raises a big question why only the Judicial Commission is regulated in the Constitution?This research uses a typology of normative legal research or what is also called doctrinal legal research, which deals more specifically with legal principles. In this study the authors use descriptive research characteristics, because the authors describe the Regulatory Arrangement of Independent State Institutions in the Structure of the Indonesian State Administration System.The result of the research conducted by the author is that there must be regulation arrangement in an effort to equal position by regulating these independent state institutions including the Attorney General's Office, Komnas Ham, and the Corruption Eradication Commission in the Constitution. Structuring the regulations of independent state institutions is to make constitutional changes that reflect the position of institutions, especially independent institutions in the state administration structure in Indonesia. exercise of authority.Keywords: Regulatory, Structuring, Independent, State Institutions
TINJAUAN YURIDIS PERPRES NOMOR 64 TAHUN 2020 TENTANG PERUBAHAN KEDUA ATAS PERPRES NOMOR 82 TAHUN 2018 TENTANG JAMINAN KESEHATAN TERKAIT DENGAN PUTUSAN MAHKAMAH AGUNG NOMOR 7/P/HUM/2020 Deri Nahrudin Syukri; Mexsasai Indra; Maria Maya Lestari
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

The issuance of Presidential Decree No. 64 of 2020 concerning HealthInsurance certainly raises question marks in the community. This regulationemerged after the Supreme Court's Decision on Presidential Regulation No. 75 of2020 which has the same substance, namely the increase in BPJS contributions.Presidential Regulation Number 64 of 2020 is considered to have violated theSupreme Court's decision and the laws above it. Therefore, the purpose of writingthisthesis is: first, why does the President continue to issue Presidential RegulationNo. 64 of 2020 concerning Increases in Health Insurance Contributions while theSupreme Court has decided Presidential Decree No. 75 of 2019 with Decision No.7/P/HUM/2020 which contains the same content. . Second, to find out the urgencyof the formation of Presidential Decree No. 64 of 2020.This research is a normative research. This is based on library researchthat takes quotes from reading books, or supporting books related to what theauthor isresearching. The data sourcesthat the researcher uses are secondary datasources consisting of primary, secondary ortertiary legal materials. This study usesqualitative data analysis and produces descriptive data.From the results of the research conducted, there are several conclusionsobtained, namely: First, in this case the President has the right to issue aPresidential Regulation. However, judging from the Supreme Court's decision aswell as the reasons for the rejection of the previous Presidential Regulation, it cancertainly be used as a reason why the President does not need to issue a newPresidential Regulation which basically contains the same content as the previousPresidential Decree. In addition, the President must pay attention to the impact andthe current state of society. Second, the reason for the President in issuing thisPresidential Regulation is in stark contrast to the principles of the social securitysystem, which in the hierarchy should not conflict with the regulations above.Keywords: Presidential Regulation-Health Insurance-Supreme Court Decision
PERLINDUNGAN HUKUM TERHADAP TERSANGKA YANG MENGALAMI KEKERASAN OLEH PENYIDIK DALAM PROSES PENYIDIKAN DI KEPOLISIAN RESOR KOTA PEKANBARU Nurhasanah Nurhasanah; Erdianto Erdianto; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Violence by the investigator is an irony, because the function of criminal procedure law, which seeks to limit the power of the state (police power) in acting and implementing material criminal law, is not implemented properly. The provisions of the criminal procedure law are intended to protect suspects from arbitrary actions by law enforcement officials and the courts.This type of legal research is empirical legal research. Empirical legal research is legal research that examines law that is conceptualized as actual behavior. Meanwhile, if seen from the nature of this research is descriptive. This study uses primary data and secondary data.The result of this research is that the legal protection that can be given to suspects who have become victims as a result of violence perpetrated by the police in the investigation process has been regulated and guaranteed in the 1945 Constitution, the Criminal Procedure Code, the Law on Judicial Power, Law Number 39 1999 on Human Rights. Actions taken or given by the National Police in dealing with police officers who are involved in the use of violence in the investigation process are the persons concerned will be submitted to PROPOS / PROPAM and will be subject to sanctions in the form of demotion or dismissal.Keywords: Legal Protection, Suspects, Violence, Investigators
TINJAUAN YURIDIS TINDAK PIDANA PENGANIAYAAN TERHADAP PEJABAT NEGARA YANG SEDANG MENJALANKAN TUGAS YANG SAH DI INDONESIA Tengku Reviandi Wahyu Samudra; Davit Rahmadan; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

Crimes against the body and crimes against the life or commonly known as abuse and murder. The act of persecution is one of the phenomena that is difficult to disappear in social life. One of them is the mistreatment of officers who carry out their legal duties. Supposedly if you look at the legal rules contained in the Criminal Code, the perpetrator should get a heavier sentence considering this is done against an official who is carrying out duties under the order of the law or position, however the implementation of the weighting is not in accordance with the rules that have been set. The objectives of this thesis are: First, to find out the legal arrangements for the crime of mistreatment of an official when carrying out legal duties in Indonesia, Second, to find out the imposition of sanctions against perpetrators of the crime of mistreatment of an official when carrying out legal duties in Indonesia, Third, To find out the appropriate provisions for criminal sanctions against perpetrators of criminal acts of persecution against an official when carrying out legal duties in Indonesia. The author conducts research using normative juridical methods or literature studies in order to obtain secondary data through documentary studies, namely by studying and analyzing comparatively deductively on laws and regulations with theories that have a relationship with the issues studied. The results of this study, there are three main problems: First, How is the legal arrangement regarding the criminal act of mistreatment of an official when carrying out legal duties in Indonesia, Second, How is the imposition of sanctions against perpetrators of criminal acts of persecution against an official when carrying out legal duties in Indonesia, Third, what are the appropriate provisions for criminal sanctions against perpetrators of criminal acts of persecution against an official when carrying out legal duties in Indonesia. The author's suggestions in this study, Suggest that there are changes to the rules of articles that require special explanations in cases of persecution of state officials who carry out legitimate duties, Suggest that sanctions be imposed on perpetrators of persecution against state officials who carry out legitimate duties with appropriate sanctions. severe, and lastly recommends that appropriate sanctions be imposed on perpetrators of persecution against state officials who carry out legitimate duties if the impact caused by the perpetrator is not too heavy or light, it should be resolved through a restorative justice system.Keywords: Crime-Abuse-State Officials
TINJAUAN YURIDIS STATUS KEWARGANEGARAAN INDIVIDU TERHADAP KELUARGA SIMPATISAN ISLAMIC STATE OF IRAQ AND SYRIA YANG BERADA DI WILAYAH KONFLIK BERDASARKAN HAK ASASI MANUSIA INTERNASIONAL Desi Natalia Sihombing; Evi Deliana; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

A person's citizenship status is so important, the international community makes several legal instruments that related to citizenship status. As stipulated inthe Universal Declaration of Human Rights 1948, International Convention on Civil and Political Rights 1966, Convention on the Rights of the child 1989, International Convention on the Elimination of All Forms of Discrimination Against Women 1979, International Convention relating to the Status of Stateless Person 1954 and International Convention on Reduction of Statelessness 1961. The right to renounce nationality was based on the principle that a person has the right to exercise his nationality, the reasonable requirements of the laws by involved of the country. This research will be structured by using the type of normative juridical research, that research was focused on examining the application of rules or norms in law to legal principles and theories which is carried out by conducting prior identification of a state policy on the citizenship status of ISIS sympathizer families. The data collection technique was used in this research is literature study. The approach used in this research is to use a normative approach, that namely library law research. In the results there are two main points that can be concluded. First, the rights of citizens who are reaffirmed, must be properly defended by the state or maintained by citizens, organized in countries regarding the citizenship status of ISIS sympathizer families. Two, based on positive law in Indonesia, there is no concrete accumulation that states that families of ISIS sympathizers are eligible to have their citizenship revoked.Keywords: Citizenship - ISIS - Policy - International of human rights
OPTIMALISASI PENEGAKAN HUKUM TERHADAP KEJAHATAN PERBANKAN DENGAN MENERAPKAN UNDANG-UNDANG TINDAK PIDANA PENCUCIAN UANG DI KEPOLISIAN DAERAH RIAU Triya Yunita Permata Sari; Mukhlis R; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

The results of an interview with the investigators at Sub-Directorate II of the Riau Regional Police's Special Criminal Investigation Directorate, Mr. IPDA Dedi Suharyoso, the was a criminal act that occurred at BRI bank unit Seikijang, during the course of the case investigator found money laundering from banking crime, but when the file arrived at the public prosecutor the case turnet into a corruption case. And other cases that were also handled case of the BJB bank where one of its employees succeeded in breaking into money to choose a customer. up to billions of rupiah. So there needs to be an effort to optimize law enforcement against banking crimes with a money laundering approach in order to trace the flow of funds and arrest parties who participate or enjoy the proceeds of crime.This type of research is classified as sociological legal research. While the population and sample were parties related to the problem being studied such as Heads of Offices, Panits and Investigators in Subdit II of the Riau Regional Police Special Criminal Research Directorate, the data source used is primary data, while the data collection techniques in this study were carried out by interviews and literature study.The results of the research show that law enforcement against banking crimes using the money laundering approach is still not optimal. Becauce there are several factors that influence, namely the weak role of the banking sector, investigation doubts about whether or not there is money laundering from predominantly banking crimes, lack of coordination between the police and various related agencies, differentces of opinion between law enforcers in determining banking crimes related to money laundering.Keywords: Law Enforcement, Banking Crime, Money Laundering
KEWENANGAN PEMERINTAH DAERAH DALAM PERPANJANGAN HAK GUNA USAHA PERSEROAN TERBATAS PERKEBUNAN NUSANTARA V KEBUN AIR MOLEK DI KABUPATEN INDRAGIRI HULU Anita Aisyah; Mexsasai Indra; Junaidi Junaidi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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This research is related to the authority of the local government in extending the Right to Cultivate the Limited Liability Company for the Nusantara V Plantation of Air Molek in Indragiri Hulu Regency. The local government also has the authority in the process. In the field it was found that the extension of the Cultivation Right that was carried out was not in accordance with the provisions of the legislation and there was a conflict in the community regarding the Land Cultivation Right of the Nusantara V Limited Liability Company. , the authority of the local government in extending the Rights to Cultivate Limited Liability Company Perkebunan Nusantara V Kebun Air Molek in the district of Indaragiri Hulu, second, the inhibiting factor in the extension of the Right to Cultivate the Limited Liability Company Perkebunan Nusantara V, the third, the procedure that should be applied in the extension of the Right to Cultivate the Right to Cultivate Limited Liability Company Perkebunan Nusantara V, Air Molek plantation in Indragiri Hulu district. This research is a sociological legal research, because the source of the data comes from field research using interview methods and literature review that relates to the problems studied, assisted by primary, secondary, and tertiary data. This study uses qualitative data analysis, described descriptively and summarized by the deductive method. From the results of the study, it was concluded that, firstly, the authority of the local government in extending the Land Use Rights for Limited Liability Company Perkebunan Nusantara V Kebun Air Molek in Indaragiri Hulu Regency is as a member of the land inspection committee B, determining prospective planters who are recipients of facilitation activities for the construction of new plantations by plantation companies, and giving a statement that the land is not in dispute, secondly, the inhibiting factor in the extension of the Limited Liability Company Perkebunan Nusantara V Kebun Air Molek is caused by the rejection by the community around the Cultivation Right and the incompatibility of the land use rights with the RTRW, third, the procedures that should be applied in the extension Right to Cultivate is to follow the applicable laws and regulations which regulate the procedure for extending the term of the Cultivation Right, the procedure for renewing the Cultivation Right, and provisions regarding the obligations of the holder of the Cultivation Right.Keywords: Authority, Local Government, Right to Cultivate

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