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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
Arjuna Subject : -
Articles 2,579 Documents
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TINJAUAN YURIDIS TERHADAP EKSTRADISI ADRIAN KIKI ARIAWAN DALAM KASUS BANTUAN LIKUIDASI BANK INDONESIA Rahmana, Berty Diah; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Corruption is a threat to the international community . With advanced semakain corruption crime , organized and transnational many perpetrators of corruption who fled abroad . To combat the necessary cooperation among countries in the form of extradition . With the extradition treaty will facilitate the implementation of the investigation , prosecution and punishment for the perpetrators of criminal acts . Based on the above statement is the first purpose of this study , to investigate the implementation of the extradition treaty between Indonesia and Australia , Second , To Know Adrian Kiki Ariawan extradition process that takes a long time and length . From the research, there are twomain issues that can be inferred . First , Extradition treaty between Indonesia and Australia ratified the Law No. 8 of 1994 on the Ratification of the Extradition between Indonesia and Australia . Extradition is required in order to satisfy the justice of society , inorder to uphold the image and authority of the law that core justice and truth . Second, the process of extradition of Adrian Kiki Ariawan basically both Indonesia and Australia have done an extradition treaty in accordance with the rules of each country . Indonesia has formally requested extradition of Adrian Kiki Ariawan and Australia has responded well.Especially Indonesia as the requesting state must follow the procedures or rules that already exist in Australia . Extradition proceedings in Australia against the person who requested the opportunity to make an appeal . Keywords: Corruption-Treaty-Extradition
GAGASAN PERLUASAN LEGAL STANDING DALAM PERMOHONAN PEMBUBARAN PARTAI POLITIK DI INDONESIA Sukroni, Muhammad; Indra, Mexsasai
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Abstract

Indonesia is a democratic country whose sovereignty of the people, it has been set out and defined in the Constitution of the Republic of Indonesia in 1945, but people can use their sovereignty to entrust a representative to sit in the seat of government through elections. Elections are conducted by political parties as participants.Political Parties in Indonesia not everything goes according to the rules, of course there are also violations committed by political parties. Against violations of the political party is the government only Yeng entitled to apply to the dissolution of the Constitutional Court. Why do people not involved in the dissolution of political parties? Heres what the author discussed in this thesis research.This study aims to find out why the government just get legal standing in the filing of the dissolution of political parties as well as what if the community is also involved in legal satanding and how efforts to do so that people can also be involved in the dissolution of political parties.The data collection was done by means of data collection study literature relevant to this study in the library and to identify the data or existing cases.Materials collected are from legislation, related books and journals. The acquired data will be analyzed by inductively qualitatively to arrive at a conclusionThe results of this study is the government as the sole applicant filing dissolution of political parties for the sake of the party avoid unhealthy competition, and the author hopes that the community be the applicant is also in accordance with the principle of popular sovereignty and human rights.keywords: folk, dissolution of political parties, the legal standing.
PEMIDANAAN TERHADAP PELAKU TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA (STUDI KASUS PUTUSAN PENGADILAN NEGERI PEKANBARU NOMOR : 192/PID.B/2009 Nuroso '; Erdianto '; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Abstract

Criminal offense of domestic violence is a criminal act that occurred in the family environment whether physical, fsikis, and sexual violence has a negative impact on domestic harmony. Pekanbaru District Court Decision No. 192 / Pid.B / 2009 / PN / PBR is one of the domestic violence case in which the defendant has been indicted by the Public Prosecutor with alternative charges, first in violation of Article 306 paragraph (2) of the Criminal Code, or both in violation of Article 44 paragraph (3) of Law No. 23 of 2004 on the Elimination of Domestic Violence. Furthermore, in reaching a decision on the case, how the judges saw as well as giving consideration to alternative charges that have been in dakwakan by the Public Prosecutor.The purpose of this thesis, namely: First, to determine punishment of perpetrators of domestic violence in the case Number: 192 / Pid.B / 2009 / PN.PBR. Second, to determine the consideration of judges in sentencing for perpetrators of violence in the home Tannga in Case Number: 192 / Pid.B / PN.Pbr. This type of research is classified in legal research is defined sociological look at the effectiveness of the law in force, with the correlation between law and society.From the results of research and discussion, it can be concluded that the First Implementation of criminal sanctions against the perpetrators of the crime of domestic violence in the case number: 192 / Pid.B / PN.Pbr. where the judges who hear the case the case after reading and understanding the relevant case files and the judges convict who has been determined by a judge that is 2 (two) Year Six Months. The perpetrator shall be punished on the basis of violation of Section 306 subsection (2) of the Criminal Code. Secondly, Considering after getting the facts and the law court to examine the chronological events Ermawati victim's death (defendant's wife) then some judges consideration in deciding Case Number: 192 / Pid.B / 2009 / PN.Pbr. namely: The judges have been doing construction by departing from the basic law used Article 306 paragraph (2) of the Criminal Code and not made Law 23 of 2004 on domestic violence as the foundation of thinking, the judges also have done silogistis coherent thought process so that all the elements are connected with the alleged facts and conclusions, that the fact that the law has met the elements of offense defined in law.Keywords: Punishment - Crime - Domestic Violence
PELAKSANAAN PERJANJIAN KERJA WAKTU TERTENTU TERKAIT PEMBERIAN UPAH PEKERJA MENURUT UNDANG UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN DI PT. SAKURA BUMI PERSADA KABUPATEN PELALAWAN Bisma Al Ibra; Maryati Bachtiar; Riska lestari
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Abstract

Work has very important significance in human life so that every person in need of work. To obtain a job and a decent living is the right of every citizen, it is already evident in the set in Article 27 Paragraph (2) of the 1945 Constitution, namely: every citizen the right to work and a decent living for humanity. It is not all just hung to the government. Employers also have an important role in employment so that employment can be based on the full wisdom in all sectors. A company is obliged to see to it that the employees have the awareness to be responsible for the smooth progress, the survival of the company. Therefore in need of a labor agreement that connects between a person who acts as a worker or workers with a person who acts as an employer for the creation of a form of relationship that binds to perform an act in accordance with Act No. 13 of 2003 concerning employment.From the above information, the author makes some problem formulation in which the formulation of the problem is how the implementation of the agreements specified time-related wages in PT. Sakura Bumi Persada in Pelalawan Pangkalan Kerinci, what are the factors that hinder the provision of wage workers, how the efforts made by PT. Sakura Bumi Persada in Pelalawan Pangkalan Kerinci in overcoming delays in payment of wages.After this when in Act No. 13 of 2003 has been explained in detail about the rights and obligations of employers and workers, but why there are still many companies that are in default to its employees. Supposedly the company and its employees can be more concerned about their rights and responsibilities in conducting an employment agreement that the company and the workers were not negligent so as to create harmony which resulted in economic communities working in the company and increasing the better.Key Word : Employment Agreement – Company
PENERAPAN ASAS EQUALITY BEFORE THE LAW TERHADAP PELAKU TINDAK PIDANA KORUPSI DI WILAYAH HUKUM PENGADILAN TINDAK PIDANA KORUPSI PADA PENGADILAN NEGERI PEKANBARU M. Fadhli Ariwibowo; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Abstract

Adhering to the principle of equality before the law (the same position in law and government) should not be accused of corruption who received preferential treatment from one to the other actors. However, from the few cases that occurred in the Corruption Court On Court Pekanbaru. There are indications of neglect of the principle of equality before the law. Many things are exemplified not treated equally before the law in its application, whereas the same case with the other, as in granting the status of detention for suspects or defendants. The purpose of this thesis to To determine the application of the principle of equality before the law against the perpetrators of corruption in the jurisdiction of the District Court of Pekanbaru, to determine the resistance factor in the application of the principle of equality before the law against the perpetrators of corruption in the jurisdiction of the District Court of Pekanbaru and to know remedy in the application of the principle of equality before the law against the perpetrators of corruption in the jurisdiction of the District Court of Pekanbaru. This type of research will use juridical empirical sociological or juridical. Juridical sociological research or empirical research approach is to look at in terms of the fact that occur in the field. While research is a descriptive nature that aims to provide a clear picture of the problems examined.The results of this study concluded, Application of the principle of equality before the law against perpetrators of corruption in the jurisdiction of the District Court of Pekanbaru there are indications of violations of the principle of equality before the law. Assumption advocates, the media, law enforcement, and community still privilege against perpetrators of corruption in the Corruption Court in the District Court of Pekanbaru. Factors Barriers In principle Application Equality Before The Law Against Corruption Actors region Pekanbaru Law Court, namely the knowledge of law enforcement are not the same, a small law enforcement income, limited facilities and infrastructure factors, the lack of personnel judges, view Community Leaning Against Enforcement Process law, and the lack of effective oversight. Efforts to Address Constraints Application of Principle of Equality Before The Law Against Corruption Actors in Pekanbaru District Court Jurisdiction, which provides training to law enforcement, supervision tightened and involved parties to 3 (three), promote the welfare of Law Enforcement, Special Day Courts Act Corruption, Ad Hoc Judge Candidate Acceptance of Corruption, Corruption Session Recording, And Escort trial by police officers.Keywords: Equality Before The Law, Corruption.
PELAKSANAAN PENEGAKAN HUKUM TINDAK PIDANA JUDI TOGEL BERDASARKAN KITAB UNDANG-UNDANG HUKUM PIDANA DI WILAYAH HUKUM KEPOLISIAN RESORT KOTA PEKANBARU Hotman Maringin; Dodi Haryono; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Abstract

Gambling is a form of the disease among the community and quite unsettling society, one form of gambling that are currently still thrives in the city of pekanbaru is crime gambling pools or sie jie, this gambling problem has long been that failed after. This society that the disease still thrives in the city of Pekanbaru, law enforcement officers have been trying to resort everything possible to eradicate the crime of gambling is but there are still selling these pools, let alone current with supported by an increasingly sophisticated technology where the coupon purchase pools or sie jie can use mobile or through short massage service (sms) so this is what makes the law enforcement apparatus Polresta city of Pekanbaru difficulty to catch bookies pools,in law enforcement against criminal acts of gambling pools there are barriers faced by investigator resort city of Pekanbaru lack of awareness of the law and the openness of society, so that they are only potentially dumb and silent,considered gambling it is something that is natural and only a small infraction, rapid science and technology also makes gambling is increasingly sophisticated, network of lotteries is closed, efforts are being made to overcome those barriers, law enforcement agencies have made efforts to prevention and mitigation, i.e. doing outreach to the community, law formed a special team to spy on a frequent place for pools (informants), patrol and surveillance on the community, doing research and investigation as well as an ambush against the practices of gambling pools.Keyword: law enforcement, community disease, gambling
PELAKSANAAN PENEGAKAN HUKUM TINDAK PIDANA PERTAMBANGAN EMAS LIAR GOLONGAN B DI WILAYAH HUKUM KEPOLISIAN SEKTOR KAMPAR KIRI Saputra, Rian Prayudi; Indra, Mexsasai; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Abstract

Criminal acts of illegal gold mining is a criminal act or a crime is classified into a specific crime that is growing from year to year so that the negative impact for the community and the environmentPerpetrators of the crime of illegal gold mining is not only a legal entity, but is also done by people around the gold mine. in combating illegal gold mining, the police take some action that preventive and repressive measures to combat the crime of illegal gold mining.Based on the description above, the authors are interested in doing research with Title Implementation of Law Enforcement Crime Illegal Gold Mining Sector Police Jurisdiction In Kampar Kiri. In writing this essay aims to investigate the implementation of enforcement against illegal gold mining in the area of police law left kampar sector and aims to find out the efforts made to overcome the obstacles in the implementation of enforcement against illegal gold mining without consent in the jurisdiction of the Police Sector Kampar Kiri.In writing this essay, the writer uses sociological research methods. The nature of the research is descriptive, providing a clear and detailed picture of the implementation of the law enforcement criminal offense of illegal gold mining in the region law Kampar Kiri Police Sector. Results of research conducted qualitatively and using deductive method, the decomposition problem of the general to specific.From the results of this study concluded that the implementation of the enforcement of illegal gold mining criminal acts committed by the police left kampar sector has obstacles such as lack of awareness of the Community Law, Lack of Kampar Kiri sector police personnel, lack of means, facilities and equipment in the eradication illegal gold mining. In law enforcement, police Kampar Kiri should more preventive action, conduct legal counseling to the community. In law enforcement, police Kampar Kiri should more preventive action, conduct legal counseling to the community.Keywords : Implementation - Criminal Law Enforcement -Crime of Illegal Gold Mining
ANALISA HUKUM TERHADAP PERKAWINAN BEDA AGAMA (STUDI PENETAPAN NOMOR: 198/Pdt.P/2013/PN.Lmj) Shelly Novita; Mardalena Hanifah; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Abstract

This research is motivated by the presence of PenetapanNomor : 198 / Pdt.P / 2013 / PN.Lmj State issued olehPengadilan Lumajang . In this determination , the judge mengabulkanpermohonan interfaith couples marriage between Sri Mulyani Christian with Muslim Hadi Susanto using legal basis terdapatdalamPasal 35 letters ( a) UndangNomor Act 23 of 2006 on Population Administration although basically according to Islam and Christianity not mengehendaki their interfaith marriage .Article 2 Paragraph 1 of the UndangNomor 1 1974 About Marriage mention that legal marriage is according to religion and beliefs of each and has been interpreted to mean that the law prohibits interfaith marriage . The author raised this issue with the formulation of the problem related to the basic consideration in determining the application judge interfaith marriage are associated denganUndang - Law No. 1 of 1974 About Marriage .The author uses the method of normative research on this issue , the approach used is an approach to literature and legislation . This serves to study the consistency is there kesesuaiandan antaradasar legal reasoning used by the judge UndangNomor Act 1 of 1974 TentangPerkawinandanjugaUndang - UndangDasar 1945 .From the research tersebutdapatdisimpulkan that the determination of the judge who granted the request of interfaith marriage in Determination No. 198 / Pdt.P / 2013 / PN.Lmj has violated the provisions of the marriage law judge judgment using a letter of Article 35 of Law No. 23 of 2006 About Administration Population that interfaith marriage is considered invalid . AGMA different marriage also violates the values contained in the Pancasila as the first principle states that " Belief in One Almighty " .Keywords : Marriage , Interfaith Marriage , Marriage Law
EFEKTIFITAS FUNGSI PENGAWASAN PANITIA PENGAWAS PEMILU KOTA PEKANBARU DALAM PELAKSANAAN PEMILU ANGGOTA DPR, DPD DAN DPRD TAHUN 2014 BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 2012 Ferdy Aryona Putra; Emilda Firdaus; Maxasai indra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Abstract

The occurance of elections in Indonesia is held directly, thus, supervising the ececution of the election is required. As set out in Constitution Act number 15 of 2011 (Undang-Undang No.15 Tahun 2011), Election Supervisory Committee has duties , powers and obligations in the conduct of elections . In the 2014 legislative elections helt in the city of Pekanbaru , some form of violation occurred, for instance, administrative offense , criminal offense , violation of code of conduct , and those are not a violation of the election instead. Based on this conception , the writing of this thesis generates three formulation of the problem , whic are : First , how is the function of supervising the Election Supervisory Committee ( Panwaslu ) of Pekanbaru city in carrying out the task of monitoring the election of members of DPR , DPD and DPRD 2014 by Constitution Act number 8 of 2012 (Undang-Undang No. 8 Tahun 2012)? Secondly , What are the obstacles regarding the Election Supervisory Committee ( Panwaslu ) in the implementation's monitoring of election of members of DPR, DPD and DPRD in Pekanbaru city? The research method in this study start with first, the type of research is sociological and descriptive . Secondly, the research site of Election Supervisory Committee of Pekanbaru city. The source of data is supported by the primary, secondary, and tertiary data sources. Thirdly, the data agregation methods used are interviews , and a review of literature. After the data are collected and undergo qualitative analysis, then the sum up of conclusions is done within deductive thinking method, which is by analyzing problems from general into specific form Based on the conduction of the research, there are three main issues that can be concluded , first , the supervision function Election Supervisory Committee ( Panwaslu ) of Pekanbaru city in carrying out the task of monitoring the election of members of DPR , DPD and DPRD 2014 by Constitution Act number 8 of 2012 (Undang-Undang No. 8 Tahun 2012) has not gone properly and not in maximum effort, because the presence of obstacles experienced by the Election Supervisory Committee . Secondly, the barriers faced by the Election Supervisory Committee ( Panwaslu ) in supervising the implementation of the legislative elections in the city of Pekanbaru include the factor of human resources, recruitment and formation factor of Election Supervisory Committee, and also geographical conditions .Keywords : Function - Election Supervisory Committee - Pekanbaru
PERLINDUNGAN HUKUM TERHADAP KONSUMEN DALAM KONTRAK BAKU PERJANJIAN PEMBIAYAAN KONSUMEN DI PT. WOM FINANCE PEKANBARU DITINJAU DARI UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Septian Bestari S; Maryati Bachtiar; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Abstract

The agreement basically an agreement between two parties to obtain a desired result. As in reaching the agreement there are various phases of their stage of negotiations until the deal . This makes the parties are free to enter into an agreement with anyone in accordance with the principle of freedom of contract is in the law of contract . In the agreement, there are also clauses that constitute the content of the agreement clauses which were the result of agreements between the parties . The consumer finance company PT . WOM Finance Pekanbaru , agreements are called standard contract (standard contract). This agreement contains clauses that have been made by PT . WOM Finance or so-called raw klasula . It is certainly aggravating the other party , namely the consumer , because the consumer does not participate in the making the formulation , so that the need for consumer protection . Consumer protection is regulated in Law No. 8 of 1999 on Consumer Protection .In this study , the authors establish the following principal issue , as to whether the standard clause in the agreement in accordance with the arrangements inclusion of standard clauses in the Consumer Protection Act ? What is the legal effect of the inclusion of standard clauses in consumer financing agreement ? and how remedies that can be taken by the Customer to the agreement.Writing is when viewed from the type of research that is classified as a sociological research that studies looking at the correlation between the law with the public , so as to reveal the effectiveness of the rule of law in society , whereas if seen from the nature of this research is descriptive research that explains in clear sentences form and detailed.From the results of research conducted , the consumer finance agreements are standard clauses which are not in accordance with the arrangement of the inclusion of standard clauses set out in Article 18 paragraph ( 1 ) letter of Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen. It is also contrary to the terms of the agreement because the validity of halal , which is contrary to the principles of morality , public order principles , and other legislation . So also with the layout and writing the standard clause is too small that it is difficult to be seen clearly by the consumer , and is also contrary to Article 18 paragraph ( 2 ) of Undang-Undang Perlindungan Konsumen . With the clauses in consumer financing agreement as opposed to setting the inclusion of standard clauses , and the location and form of writing that is contrary to the Undang-Undang Perlindungan Konsumen , we can conclude the agreement null and void . Therefore, if there is a dispute between the consumer and the company , consumers can take legal actions are filed to the Consumer Dispute Settlement Board ( Non-Litigation ) and also to the District Court ( Litigation ) .Keywords : Consumer Protection - Agreements - Standard Clauses

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