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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
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PENEGAKAN HUKUM TERHADAP PELAKU PEMBUAT ALAT PEMBATAS KECEPATAN YANG TIDAK SESUAI DENGAN UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN DI KECAMATAN KANDIS Sopiandi Pakpahan; Zulfikar Jayakusuma; Mukhlis R
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

The increase in the number of traffic accidents from year to year showsthat there is a lack of public awareness about the culture of orderly driving.. Oneof the traffic infrastructure that often causes traffic accidents is the speed limitingdevice or the name of the road embankment or road safety embankment. Theprovisions for the installation of “speed limiting devices” on public roads arealready listed in Article 25 paragraph 1 Letter e Law Number 22 Year 2009. Thepurpose of writing this thesis, namely: First, to determine law enforcementagainst the perpetrators of making speed limiting devices that are not inaccordance with the Law on Traffic and Road Transportation. Second, to find outthe constraints of law enforcement against the perpetrators of makinginappropriate speed limiting devices. Third, to find out the efforts against theperpetrators of making inappropriate speed limiting devices. This type of research can be classified in this type of sociological juridicalresearch, because this research author directly conduct research on the locationsor places studied in order to give a complete and clear picture of the issuesexamined. This research was conducted at the Kandis District, whereas thesample population is a whole party with regard to the issues examined in thisstudy, the data source used, primary data, secondary data and data tertiary,technical data collectors in this study with interviews and literature study.From the results of research and discussion it can be concluded that,First, law enforcement against perpetrators of speed limiting devices that are notin accordance with Law Number 22 of 2009 in Kandis District, Siak Regency stillnot seriously done. Second, constraints in law enforcement due to a lack ofcounseling from the police, lack of cooperation between related parties, and nocomplaints from the public. Third, efforts made by law enforcers includecoordinating with related parties, checking the shop, after which the speed limiteris dismantled, and conducting counseling. prosecutors, conducting training andeducation on diversion and seeking good cooperation between institutions.Keywords: Law Enforcement – Speed Bump - Traffic
PENERAPAN HUKUM ADAT DALAM MENYELESAIKAN TINDAK PIDANA PENGANIAYAAN ANTAR ATLET PACUAN PADA TRADISI PACU JALUR DI KABUPATEN KUANTAN SINGINGI Eki Ilhami; Evi Erdianto; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

Customary law is the whole positive code of conduct which on the one hand has sanctions and on the other hand it is not codified. In other words, customary law is a custom that has legal consequences. The customary law system is rooted in unwritten regulations that grow and develop and are maintained with the legal awareness of the community. In criminal acts of persecution, especially those that occur between racing athletes in the Kuantan Singini district, are completed according to the Kuantan Singing tradition but the sanctions do not work as set out by the Kuantan Singing custom because of the reasons, as for the objectives of this thesis research, namely: settlement of criminal acts of abuse that occurred between racing athletes according to the customs of Kuantan Singingi Regency. Second, to find out customary sanctions in resolving criminal acts of persecution that occurred between racing athletes in the tradition of racing lanes in Kuantan Singingi Regency.The type of research carried out can be classified into sociological juridical research where the research examines the effectiveness of the law that is currently in effect. This sociological 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 legal effectiveness. From the results of the study, based on the two problem formulations, it can be concluded. First, the process of resolving the criminal act of persecution in Kuantan Singingi Regency goes through a series of processes where customary justice can be carried out by the customary head, village head or by the management of organizational associations (customary institutions) as previously stated in the peaceful settlement of customary offenses to enforce customary law balance in society. Second, there are two types of traditional sanctions given to racing athletes, the first is individual sanctions and group sanctions. Individual sanctions are given to athletes, namely in the form of being owed in accordance with the agreement and the level of abuse. Group Sanction is a prohibition against racing for a certain time.Keywords: Customary Law, Persecution, Pacu jalur
IMPLEMENTASI UNDANG-UNDANG NOMOR 26 TAHUN 2007 TENTANG PENATAAN RUANG DALAM RANGKA MEWUJUDKAN RUANG TERBUKA HIJAU DI KOTA PEKANBARU Afriani Rebecka Falipi; Emilda Firdaus; Zulwisman Zulwisman
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

The problem of green open space (RTH) in Pekanbaru City in particular, requires structural handling through various studies and policies considering that green open space (RTH) is an ecosystem controller and a balancer for environmental quality. The area of public green open space in Pekanbaru City is only 1,790.89 hectares (2.83%) and the area of private green open space is 8,113.49 hectares of the total city area, which is 63,226 hectares (12.83%). It can be seen that the implementation of the regulation of Law Number 26 of 2007 concerning Spatial Planning Article 29 paragraphs (1), (2) and (3) has not been realized properly or has not been maximized. Thus, the objectives of writing this thesis are: First, to find out the implementation of Law Number 26 of 2007 concerning Spatial Planning in the context of realizing Green Open Spaces in Pekanbaru City, Second, the inhibiting factors for spatial planning in realizing Green Open Spaces in Pekanbaru City, Third Efforts made by the Pekanbaru City Government in Structuring Green Open Space.This type of research can be classified in the type of sociological research, because in this study the author directly conducts research on the location or place under study in order to provide a complete and clear picture of the problem to be studied. This research was conducted at the Department of Public Works and Spatial Planning Pekanbaru City, while the population and sample are all parties related to the problems studied in this study, the data sources used are primary data and secondary data.From the results of the research problem there are three main things that can be concluded. First, the implementation of Law Number 26 of 2007 concerning Spatial Planning in the context of realizing Green Open Spaces in Pekanbaru City has not been realized properly that public green open spaces in Pekanbaru City are only 2.83% of the proportion of public green open spaces of at least 20%. And the implementation has also interfered with human rights, namely in accordance with Article 28 H paragraph (1) of the 1945 Constitution of the Republic of Indonesia. Second, there are several factors that hinder spatial planning in realizing the Green Open Space. Third, there are several efforts made by the Pekanbaru City Government.Key Words : Green Open Space – Human Rights- Spatial Planning – Implementation
PELAKSANAAN PERJANJIAN KERJASAMA PENYALURAN LPG 3 KILOGRAM, ANTARA PT. VALERY FAMILY SEJAHTERA DAN PANGKALAN UD. MAJU JAYA DI KOTA PEKANBARU Togu Rizky Anggel; Evi Deliana; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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3 Kilograms of LPG gas is an essential requirement for supporting the life of every community. The distribution of 3 Kilogram LPG gas is carried out by the private sector, which is the agent of the arm of the first party, the principal. The agent and sub-agent cooperate on the basis of the agreement made. 3 Kilograms of gas that were distributed to the base were aimed at people in need. In Article 1313 of the Civil Code, an agreement is an act whereby one or more people bind themselves to one or more people. The agreement made between the base and the agent is a standard cooperation agreement. The agreement that has been agreed must be carried out as well as possible. If the parties do not run it well, there will be losses for those who carry out their achievements. The problems and objectives that will be discussed in this thesis are to determine the implementation of the 3 Kilogram LPG distribution agreement between PT. Valery Family Sejahtera and Pangkalan UD. Maju Jaya in Pekanbaru City.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 complete and clear picture of the problem under study. This research was conducted at Pangakalan UD. Maju Jaya and PT. Valery Family Sejahtera in Pekanbaru City, while the population and sample are all parties related to the problems studied in this study, the data sources used, primary data and secondary data, data collection techniques in this study with interviews, questionnaires and literature study.The results of the study concluded that the implementation of the agreement between PT. Valery Family Sejahtera based on UD. Maju Jaya in the distribution of 3 Kilogram LPG gas has not been carried out properly. The agents encountered obstacles and obstacles in distributing 3 Kilogram of LPG gas to the base making the agreement difficult to implement.Keywords: Implementation, Agreement, Distribution
ANALISIS YURIDIS PERTANGGUNGJAWABAN PIDANA KEPEMILIKAN DAN PENYALAHGUNAAN SENJATA REPLIKA AIRSOFT GUN Faizal Roy Gading; Dessy Artina; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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The State of Indonesia is a state of law (recht staats), so every person who commits a crime must be held accountable for his actions through the legal process. supervision of the circulation and use of firearms is indicated in the Emergency Law of the Republic of Indonesia Number 12 of 1951 explaining who who without the right of entering into Indonesia makes, receives, tries to obtain can be sentenced to death or life imprisonment or a maximum prison sentence twenty years. The purpose of this thesis, namely: First, to find out the implementation of criminal acts of ownership and misuse of Airsoft Gun replica weapons. Second, to find out criminal liability for the possession and misuse of Airsoft Gun replica weapons.This type of research can be classified as a type of normative legal research, which is a study conducted by examining literature or secondary data. In this study, the analysis that will be used by the writer is a qualitative analysis of data analysis by not using statistics or mathematics or the like.From the results of research and discussion it can be concluded that, criminal liability for ownership and misuse of Airsoft Gun can be imposed on perpetrators both individuals, legal entities / corporations. Second Misuse of Airsoft Gun ownership can be qualified as a criminal offense if it meets the elements of a criminal act regulated in criminal law. Like cases of threats, bank shootings and robberies in Central Java by using airsoft guns can be categorized as criminal acts and are subject to Article 1 Paragraph (1) Emergency Law Number 12 of 1951. These laws can be applied because of the characteristics and functions of Airsoft Gun that are not much different from a firearm. Misuse of Airsoft Gun can be considered a criminal offense if its use is not in accordance with its intended use, not a misuse, but because of a criminal offense, for example, a robbery in the Criminal Code regulated in Article 362 of the Criminal Code. The suggestions that can be taken include remembering the regulation of aroscope gun is very limited, while the forms of criminal use of Airsoft Gun vary greatly, then the government should make specific rules about ownership and misuse of Airsoft Gun along with sanctions.Keywords: Responsibility-Ownership-Airsoft Gun Replica Weapons.
Pelaksanaan Pengawasan Izin Trayek Penyelenggaraan Angkutan Orang Antar Kota dalam Satu Provinsi di Provinsi Riau berdasarkan Peraturan Menteri Perhubungan Nomor 15 Tahun 2019 tentang Penyelenggaraan Angkutan Orang dengan Kendaraan Bermotor Umum dalam Trayek Melly Julianti; Mexsasai Indra; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Regulation of the Minister of Transportation PM 15 of 2019 concerning the Implementation of Transportation of People with Public Motorized Vehicles on Routes. states that, every driver and public transportation company that operates the transportation of people by public motorized vehicles on routes is obliged to comply with the provisions concerning the license to carry out person transportation on the route, and the technical and other requirements for motorized roads. However, what can be seen in the field is that there are still many people who do not have a route permit. Therefore, it needs to be studied in a stimulant first, the implementation of the supervision of the permit for the transportation route for people between cities in one province in Riau Province based on the Regulation of the Minister of Transportation Number 15 of 2019 concerning the Implementation of Public Motorized Vehicles in Routes, secondly, the Inhibiting Factors for Granting Transport Routes Permits Person, third, efforts made to overcome obstacles in granting route permits in Riau Province. This research is a sociological legal research, because it is based on field research, namely by collecting data from interviews, questionnaires, and literature reviews that are related to the problems to be studied assisted by primary, secondary and tertiary data. This study uses qualitative data analysis and produces descriptive data. Keywords: Ministerial Regulation, Control, Route Licensing
TINJAUAN HUKUM PENCEMARAN LAUT LINTAS BATAS AKIBAT TUMPAHAN MINYAK DARI TABRAKAN KAPAL BERDASARKAN THE 1992 PROTOCOL OF THE INTERNATIONAL CONVENTION ON CIVIL LIABILITY FOR OIL POLLUTION DAMAGE 1969 Fivian Army; Maria Maya Lestari; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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The Malacca Strait is one of the routes in the cross-border oil trade which often experiences marine pollution due to ship collisions. The sea polluted by the oil spill will have a negative effect on various marine organisms and result in fishermen and surrounding communities experiencing economic losses. So, we need an international law that regulates compensation for victims of oil pollution by ships at sea where one of the international conventions that regulates is The 1992 Protocol of the International Convention on Civil Liability for Oil Pollution Damage 1969.This type of research is normative research, where this research uses a research methodology on the principles of international law. Research on legal principles is carried out on legal rules. Research on legal principles is a philosophical research, because legal principles are an ideal element of law. The data sources used are secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials, the data collection technique in this study is the literature review method, after the data is collected then analyzed to draw conclusions.From the results of the research, it was found that, First, The 1992 Protocol of the International Convention on Civil Liability for Oil Pollution Damage 1969 stipulates that if oil leaking from a ship causes damage to the territory or territorial sea of one of the members of the convention, the ship owner is absolutely responsible. Legally for the damage, which means that it includes both the cost of preventive measures and the loss or further damage caused by the action which has been stipulated in Article 5 of the 1992 CLC Protocol. The author's suggestion is that the participating countries that are members of the IMO and the participants of the 1992 CLC and/or the 1992 Fund Convention, in order to clarify the limits and provisions that limit the types of losses that can be claimed for compensation.Keywords: Ship collision - Oil - Sea Pollution
ANALISIS YURIDIS PENANGKAPAN DUTA BESAR INGGRIS OLEH OTORITAS IRAN BERDASARKAN VIENNA CONVENTION ON DIPLOMATIC RELATIONS 1961 Agung Prayoga; Evi Deliana; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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This paper aims to discuss how the juridical analysis of the case of the arrest of the British Ambassador to Iran named Rob Macaire, the ambassador was arrested on January 11, 2020 near Amir Kabir University. The arrest was carried out by Iranian authorities on the allegation that Rob Macaire had instigated the anti-government era that broke out in Tehran at that time, it happened because the public was disappointed with the Iranian authorities who made the mistake of shooting the Boeing 752 plane belonging to Ukraine. The arrests carried out by the Iranian authorities had no clear reason and were not supported by solid evidence, the arrests were made on accusations that were not necessarily a form of violation of international treaties, namely article Vienna Convention on Diplomatic Relations 1961 (Vienna Convention 1961) regarding Diplomatic Relations, which regulates that an Ambassador or a diplomatic official cannot be contested, whether arrested or detained.This type of research is normative legal research, namely using literature case studies in data search. In this study the authors conducted research on the principles of law, namely the principle of immunity and the principle of Pacta suntservanda. This research is a descriptive research, which is a research method that describes the actual situation at the time of the research through data collection which is then interpreted to one another in order to obtain the formulation and analysis of an existing problem. Analysis of the data used by researchers and this is qualitative data analysis, namely analysis which does not use statistics or other things, but researchers simply describe descriptively of the data obtained.The results of this study can be concluded into three main points. First, based on the 1961 Vienna Convention on Diplomatic Relations, that the arrest of the British ambassador by the Iranian Authority on the accusation that the ambassador committed anti-government incitement was declared wrong, the arrest was not supported by evidence that strong but only accusations and an ambassador has immunity from being arrested and detained in the host country. Second, the arrest made by the Iranian Authority is a form of violation of the 1961 Vienna Convention, this raises the responsibility of the state, this can be in the form of an apology by Iran to the British ambassador and to Britain for the incident and ensuring that it will not be repeated and Iran can sanction its Authorities who make arrests on the basis of charges. Third, actions that a recipient country should be able to take if a representative in the receiving country commits an offense, namely by making a persona non grata declaration of the diplomatic official.Keywords: Arrest, Detention, Ambassador, Responsibility
TINJAUAN YURIDIS TENTANG PRINSIP KETERBUKAAN TERHADAP PENJATAHAN SAHAM PADA SAAT INITIAL PUBLIC OFFERING (PENAWARAN UMUM PERDANA) DALAM KASUS PT. NARA HOTEL INTERNASIONAL Leo Valentino; Firdaus Firdaus; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Basically the Disclosure Principle is a general guideline that requires issuers, public companies and other parties subject to this law to inform the public in a timely manner all material information about their business or securities that may affect the decision of investors on the securities in question and or the price of effect. Article 79 Paragraph (1) of Law Number 8 of 1995 concerning the Capital Market states that every announcement in the mass media related to a public offering is prohibited from containing untrue information about material facts and or not containing statements about material facts required for information contained in the announcement does not provide a misleading picture. This type of research can be classified in the type of empirical normative research, and the data collection technique in this research is by means of library research, and the data analysis that will be used in this research is a qualitative method, then the results of this research will be presented in descriptive and interesting terms. conclusion the author uses the Deductive method of thinking is a way of thinking that draws a conclusion from a general statement or proposition into a specific statement. From the results of the research problem there are two main things that can be concluded. First, PT Nara Hotel Internasional has not fully complied with the principles of true and timely information disclosure as evidenced by the differences in the additional information documents submitted to the public and those submitted to the OJK which were not followed by confirmation before the registration statement became effective as stipulated in Regulation IX.A.2, then the centralized allotment allocation mechanism that is oversubscribed has not complied with Regulation IX.A.7. Second, in complying with the principle of information disclosure, OJK should be able to accommodate the number of securities offered, especially centralized allotments for retail investors, this needs to be done considering that the allotment of securities is material information as regulated in the Financial Services Authority Regulation Number 31 / POJK.04 / 2015. Then At the time of the IPO, prior to obtaining an effective statement from OJK, PT Nara Hotel Internasional should first confirm the changes and/or additions to material information until OJK responds to the changes and/or additions. After that, the issuer must announce the changes and/or additions 3 (three) days before the public offering period begins.Keyword: IPO-Principle of Disclosure-Nara Hotel.
ANALISIS YURIDIS PERBUATAN MAIN HAKIM SENDIRI PADA PELAKU YANG DIDUGA MELAKUKAN TINDAK PIDANA DIKAITKAN DENGAN ASAS PRADUGA TIDAK BERSALAH Liza Afriani; Emilda Firdaus; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Vigilante (Eingenrechting) which means taking the rights without the use of the tools of government power, vigilante action almost always runs parallel to violations of the rights of others, and is therefore not allowed. In the criminal procedure law which regulates the presumption of innocence, this principle explains that a person is considered innocent before a court decision has permanent legal force. So the existence of vigilante violations against the presumption of innocence. Then the act of vigilante (eigenrechting) itself has not been specifically regulated and clearly stated in Indonesian legislation. This study aims to first find out how the criminal provisions against vigilante acts, second to find out how to apply the presumption of innocence principle to several vigilante cases in Indonesia.This type of research is normative legal research, where this research is conducted by examining the principle of the presumption of innocence contained in the Criminal Procedure Code which is associated with vigilante action. This research uses descriptive research, because the author intends to provide a clear and detailed description of the provisions of the criminal act of playing rights alone and the application of the presumption of innocence to the perpetrator who is suspected of committing a criminal act.The results of this study can be concluded that the application of the presumption of innocence is still lacking in society and law enforcers because there are no specific regulations regarding vigilante actions that can threaten vigilante perpetrators and the presumption of innocence has not been well and thoroughly socialized. . If you look at the existing cases as well as several judges' decisions or jurisprudence, if there is an act of vigilantism, the provisions of the Criminal Code used to threaten vigilante perpetrators are used Article 170 of the Criminal Code regarding beatings and article 351. Criminal Code regarding persecution.Keywords: vigilante, presumption of innocence, perpetrators of criminal acts

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