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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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WANPRESTASI PADA JUAL BELI ONLINE DENGAN SISTEM DROPSHIP DI KOTA PEKANBARU (STUDI KASUS TOKO SUPLIER PRODUK RUMAH TANGGA EKSLUSIF E-COMMERCE DUSDUSAN) Ghairi, Syafwan; Deliana, Evi; Fitriani, Riska
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

Electronic transactions set forth in electronic contracts bind the parties, in online buying and selling themselves regarding a person or party who is in default which is contained in the Articles of the Civil Code can be asked for compensation as the act has violated the law contained in Article 1365 of the Civil Code, and if it turns out that the goods do not match what was photographed as a form of the offer, it is part of a default, which is where Subekti argues that the default is negligence or negligence. Problems that are often found in transaction practice include product errors sent by the seller to the buyer, the color does not match with the original order, size error to the address details sent by the buyer to the seller. With these errors and omissions resulting in a loss to the buyer, the buyer will lose financially directly due to fraud, lost the opportunity to make a sale and purchase due to service interruptions, unexpected losses such as interference from outside parties, human factor errors or electronic system errors, problems trust in security guarantees, from the buyer's side he receives a product that is not in accordance with what was ordered to the seller, while the seller often has to cover the lack of postage due to an error in the address data sent by the buyer. This research is to find out to find out buying and selling with the dropshiping system in the city of Pekanbaru and to find out the responsibility of the dropshipper by consumers if there is a loss in transactions with the dropshiping system in the city of Pekanbaru. The type of research in this thesis is sociological law research. The conclusions obtained from the results of the study are 1. The implementation of e-commerce transactions by dusdusan.com is in accordance with applicable state law, this is in accordance with the validity of the applicable agreement theory according to the Criminal Code, where e-commerce transactions are a new theory. the agreement can clearly discuss the legal position in the transaction, the position includes the Criminal Code and the ITE Law. The responsibility carried out by the dropshipper follows from the applicable policy in the village, then this is also in accordance with the theory of responsibility which according to Hans Kelsen in his theory of legal responsibility states that: "a person is legally responsible for a certain act or that he bears legal responsibility. Keyword : Default-Dropship-Dudsdusan
PERAN NINIK MAMAK TERHADAP PENYANDANG DISABILITAS MENTAL PADA MASYARAKAT HUKUM ADAT KAMPAR Humairah, Shania; Ismi, Hayatul; 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

The role of Ninik Mamak in the midst of society to lead nephews is a dream in all fields which include morals and material. Ninik Mamak in a custom is the judge of peace when there is a dispute in the people he leads. Based on this, Ninik Mamak as the traditional leader is required to improve his knowledge in the field of leadership and customary law. As Ninik Mamak, of course he has duties and responsibilities that cannot be said lightly. Because these tasks are related to the survival of their people. Including the case of persons with mental disabilities, the role of Ninik Mamak is also needed. How does Ninik Mamak provide motivation and provide material and non-material assistance to his nephews. The purpose of writing this thesis, namely, first to find out how the role of Ninik Mamak for people with mental disabilities in the Kampar customary law community, and second to find out the obstacles faced by Ninik Mamak in carrying out his role for people with mental disabilities in the Kampar customary law community.This type of research is sociological legal research. This study is more specific to seeing law in a real sense and examining how law works in society by analyzing various literatures related to the problem being studied. The research was conducted in Kampar Regency, while the population and sample were the Village Head of Kampar Regency, Ninik Mamak, Kampar Regency, and families of persons with mental disabilities in Kampar Regency, the data sources used were primary data and secondary data, data collection techniques in this study were interview observation and literature study.From the results of the research conducted, it can be concluded that, first, the role of Ninik Mamak towards persons with mental disabilities in the Kampar customary law community does not necessarily work as it should. Second, the obstacles that Ninik Mamak encountered in his role for people with mental disabilities in the Kampar customary law community were Ninik Mamak who had migrated, the quality of Ninik Mamak's human resources (HR) who was not competent and the economic limitations of a Ninik Mamak could forget his duties and functions to his children.Keywords: Role-Ninik Mamak-Persons with Mental Disabilities
TANGGUNG JAWAB PERUSAHAAN ANGKUTAN TERHADAP PENGANGKUTAN BARANG MENGGUNAKAN JASA ANGKUTAN ORANG PADA PT. AYAH IBU TRANSPORT Hamzah Hamzah; Zulfikar Jayakusuma; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

The number of people who are still dependent on public transportation, the need for transportation will increasingly increase, causing more complex transportation problems, such transportation problems include transportation route licenses and regulations for these types of transportation modes are not matched by the provision of adequate public transportation, especially in terms of transportation capacity, not even a few of the public transport companies make these vehicles as service transportation and delivery of goods.This study uses a sociological juridical research method. This research was conducted in the city of Pekanbaru by taking data through interviews with PT Ayah Ibu Transport and also users of the transportation service. The collected data is analyzed qualitatively and deductive conclusions are drawn, that is, drawing conclusions from general to specific.The results of this study indicate that: First, the responsibilities of PT. Ayah Ibu Transport to the transport of goods using human transportation should have been able to be carried out by PT. Ayah Ibu Transport, because a civil engagement was born between the Bus Driver and also the owner of the goods. Unlawful Actions Bus Drivers who cause loss to the owner of the goods must be accounted for by PT Ayah Ibu Transport based on Article 1365 Civil Code, Article 193 Law No. 22 of 2009 concerning Traffic and Public Transportation and Article 19 of Law Number 8 of 1998 concerning Consumer Protection. Second, the factors that cause people to use passenger transportation services to send safekeeping goods are due to 3 (three) things, which are practical, cheaper costs and faster goods arrive. As for the advice of the author, first, To PT Ayah Ibu Transport to take control measures to the drivers who are responsible for driving the bus, so that safekeeping of goods alongside the road can no longer be done. Secondly, PT. Ladies and Gentlemen in order to use the services of PT. Ayah Ibu Transport by taking into account the provisions in force, so that losses can be minimized.Keywords: Transportation of Goods, Corporate Responsibility, Legal Protection
ANALISIS YURIDIS PERLINDUNGAN HUKUM TERHADAP KORBAN PEMASUNGAN ORANG DENGAN GANGGUAN JIWA (ODGJ) DALAM PERSPEKTIF HUKUM PIDANA INDONESIA Indana Frishilya; Mukhlis R; Adi Tiaraputri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

Protection of human rights is a form of service that must be carried out by law enforcement officials or security forces to provide a sense of security, both physically and mentally, to victims from threats, harassment, terror and violence from any party. People with mental disorders who are shackled need special protection and handling from the government to protect their rights as humans. The government must ensure that all people with mental disorders are not shackled and cared for properly without discrimination.The purpose of this research is to find out how the juridical analysis of legal protection for victims of confinement of persons with mental disorders in the perspective of Indonesian criminal law and to find out the ideal arrangements related to legal protection for victims of confinement of persons with mental disorders in the perspective of Indonesian criminal law. The research method used in this thesis uses normative legal research methods, namely legal research that examines statutory regulations and legal principles.From the research, there are two main points that can be concluded. First, the juridical analysis of legal protection for victims of shackling of people with mental disorders in the perspective of Indonesian criminal law, namely the incompatibility between one law and another makes the government appear unfair in providing protection to victims of a criminal act of shackling. The law on mental health seems weak and even does not provide special protection to victims of shackling, there is no state interference in protecting their rights. Second, the ideal is very much in accordance with what is aspired or dreamed of or desired. The ideal arrangement must be in accordance with the aspirations of the state, namely to provide protection in accordance with what the community wants, however, the regulations related to the protection of victims of confinement are still not perfect in providing protection to them. Author's suggestion, First, given the poor conditions experienced by victims of shackling, special protection is needed for victims of criminal acts of confinement of people with mental disorders through a clearer legislation.Keywords : Victims, Shackles, People with Mental Disorders
TINJAUAN YURIDIS PENERAPAN PERATURAN MAHKAMAH AGUNG NOMOR 3 TAHUN 2017 TENTANG PEDOMAN MENGADILI PERKARA PEREMPUAN BERHADAPAN DENGAN HUKUM DALAM KASUS BAIQ NURIL Defi, Delvita Eri; R, Mukhlis; Putri, Adi Tiara
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

This research discusses the application of Supreme Court Regulation No.3 of 2017 concerning Guidelines for Adjudicating Women's Cases in Contrasts with the Law. This Supreme Court Regulation (PERMA) contains the basics in the concept of gender equality, how judges should behave and what judges should not do in court. One example of a case that does not apply the Supreme Court regulation (PERMA) Number 3 of 2017 concerning Guidelines for Adjudicating Women's Cases against the Law, namely, the case of Baiq Nuril Maknun in Cassation Decision 574.K / Pid.Sus / 2018. Where in this case, Baiq Nuril Maknun is a woman who is facing the law for a case of verbal sexual violence by her superior, Haji Muslim. However, the victim was instead made the perpetrator based on what he had done in order to defend his dignity. The purposes of writing this thesis are: First, to find out the application of Supreme Court Regulation Number 3 of 2017 concerning Guidelines for Adjudicating Women's Cases Against the Law in the Baiq Nuril Maknun case. Second, to find out the legal consequences for the victim's cassation decision in the Baiq Nuril Maknun case who did not pay attention to Supreme Court Regulation Number 3 of 2017 concerning Guidelines for Adjudicating Women's Cases Against the Law in terms of Victim Blaming.The type of research used in this legal research is the normative juridical method. The data analysis used is qualitative analysis. In drawing conclusions, the author uses the deductive thinking method, which is a way of thinking that draws conclusions from general statements or propositions into certain statements. From the research results, there are two main points that can be concluded. First, justice for the defendant Baiq Nuril Maknun in decision Number 574.K / Pid.Sus / 2018 has not been fulfilled, because the Supreme Court judge (MA) in deciding the Baiq Nuril Maknun case did not apply or was not guided by the Supreme Court Regulation Number 3 of 2017 concerning Guidelines for Adjudicating Women's Cases against the Law. so that the objectives of the law do not achieve a sense of justice, legal certainty and benefit. Second, the legal consequences for the victim, namely the convicted person Baiq Nuril Maknun, the judge did not side with the victim, blaming the victim (victim blaming), namely Baiq Nuri Maknun as the perpetrator. Resulting in Baiq Nuril Maknun as a victim of verbal sexual violence against the victim's physical, psychological and social conditions. Keywords: Victim- Sexual Violence- Victim Blaming
PELAKSANAAN PEMBIMBING KEMASYARAKATAN DALAM SISTEM PERADILAN PIDANA ANAK DI BALAI PEMASYARAKATAN KELAS I PADANG Matisa, Sairah; Deliana, Evi; Erdiansyah, Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

Issues regarding child development are important, children in difficult situations can act against the law. It shows by some child criminal cases at the Padang Class I Correctional Center in 2018. It makes the role of Community Guidance in the Juvenile Criminal Justice System indispensable. This study aims to describe the implementation of Community Guidance in the Juvenile Criminal Justice System along with the obstacles and efforts made by the Correctional Center for children who do not get full Community Guidance assistance.The research used sociological legal research by taking population and sample from parties that related to the problem under study, they are the Community Advisors at the Class I Correctional Center in Padang City and children who were dealing with the law. This research is guided by Undang-Undang Nomor 11 Tahun 2012 concerning the Juvenile Criminal Justice System. The Correctional Center (Balai Pemasyakarakatan or BAPAS in Indonesia) has an important role in protecting children in conflict with the law, inside and outside the criminal justice process.The results of this study conclude that the implementation of Community Guidance in the Juvenile Criminal Justice System is mentoring activities still not running by applicable regulations, this can be seen from the existence of some Community Advisory mentoring processes that cannot attend caused by several obstacles. The factors that inhibit children from not getting fully assistance, among others lack of socialization by the correctional center, large work area, small community guidance, less financial budget and limited service vehicles. This study also found that children's knowledge about the role of Correctional Facilities and Community Guidance is very minimal.Keywords: Implementation - Community Guidance - Correctional Center - Children
PELAKSANAANPEMBERIAN BANTUAN SOSIAL KEPADA MASYARAKAT YANG TERDAMPAK PANDEMI COVID-19 DI KOTA PEKANBARU Rahmania, Yusi; Firdaus, Emilda; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

Today's social assistance is one of the government's obligations to the underprivileged or the inability to maintain a maximum standard of living for those affected by the COVID-19 pandemic that is currently engulfing Indonesia. This is also in line with various regulations issued by the government during the COVID-19 pandemic. The purpose of writing this thesis: First, to find out the arrangements for providing social assistance to people affected by the COVID-19 pandemic in the city of Pekanbaru. Second, to find out the implementation and distribution of social assistance in the city of Pekanbaru.The type of research used in this legal research is sociological legal research. The research was conducted in the city of Pekanbaru. Analysis of the data used is the author analyzes the data qualitatively. In drawing conclusions, the writer uses deductive thinking method.From the research results, there are two main things that can be concluded. First, the regulation regarding the punishment of discriminatory health service actors is divided into five points, including: (1) Presidential Instruction Number 4 of 2020 concerning Refocussing Activities, Budget Reallocation and Procurement of Goods and Services in the Context of Accelerating Handling of Corona Virus Disease 2019 (Covid-19). , (2) Regulation of the Minister of Home Affairs Number 20 of 2020 concerning Handling Covid-19, (3) Regulation of the Minister of Home Affairs Number 39 of 2020 concerning Prioritizing the Use of Budget Allocations for Certain Activities, Allocation Changes, and Use of Regional Budgets, (4) Minister of Finance Regulation Number 254/PMK.05/2015 as amended by PMK Number 228/PMK.05/2016 concerning Social Assistance Expenditures at State Ministries/Institutions, Minister of Finance Regulation Number 43/PMK.05/2020 concerning Budget Execution Mechanisms State in Handling the Covid-19 Pandemic, (5) Riau Governor Regulation Number 29 of 2020 concerning Guidelines for Financial Aid Special Charity to Regencies or Cities to Improve the Quality of Social Safety Nets in handling the Impact of Covid-19 Sourced from the Riau Province Regional Revenue and Expenditure Budget for Fiscal Year 2020. Keywords: Covid-19 – Social Assistance – Social Welfare
GAGASAN DEKRIMINALISASI TERHADAP PASAL 505 KITAB UNDANG-UNDANG HUKUM PIDANA TENTANG TINDAK PIDANA GELANDANGAN Bagus, M. Rizky; Erdianto, Erdianto; Rahmadan, Davit
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

Article 505 of the Criminal Code states that "Any person who is stranded without seeking, shall be punished for committing homelessness with a maximum imprisonment of three months". From this article it means that homelessness is a criminal act that is punishable by crime. On the other hand, Article 34 of the 1945 Constitution confirms that the poor and neglected children are cared for by the state, it can be seen from the two articles that there is a conflict between the articles of the 1945 Constitution and the Criminal Code. In addition, in criminal law, there is a principle of geen straf zonder schuld, this principle requires the existence of an element of mens rea in the perpetrator, that mistakes are the main element of a person can be convicted, from this principle it proves that there is no clear correlation between vagrant behavior and the elements mens rea in homeless people. The purpose of this study is to determine the need for decriminalization of article 505 of the Criminal Code.This research is a normative study with an approach to the legal principle, namely the principle of geen straf zonder schuld. Using secondary data with data collection from library research (library research), in qualitative juridical analysis and concluded using a descriptive analysis method.From the research results it can be seen that criminalization in Indonesia is still confusing, the laws in Indonesia still do not pay attention to important aspects of the criteria for criminalization and decriminalization. As well as the application of the geen straf zonder schuld principle to Article 505 of the Criminal Code is not applied so that non-criminal homelessness is said to be a crime by law. So the conclusion of the problem is an idea that requires the actions of the homeless to be decriminalized. The process of decriminalizing homeless people has an important meaning, namely improving the conditions of the Criminal Code which are considered outdated and will return the criminal law to its original position, namely as ultimum remedium.Keywords: Homeless-Crime-Criminalization-Decriminalization-Geen Straf Zonder Schuld
GAGASAN CONSTITUTIONAL COMPLAINT DALAM PENEGAKAN HAK KONSTITUSIONAL DI INDONESIA Annisa Sherin Uswatun Erly; Mexsasai Indra; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

Constitutional rights are not only limited to written recognition in documents, but there must be real protections that can truly guarantee and protect the basic rights of citizens. A very important problem arises in the effort to protect the constitutional rights of citizens, namely how constitutional violations are not against the enactment of laws or decrees. The facts show that many cases submitted to the Indonesian Constitutional Court are indicated to have violated constitutional rights. Meanwhile, all existing legal remedies that have been taken by the complainant cannot be accepted (niet onvankelijk verklaard) or withdrawn by the complainant before the judicial process is carried out, due to the unavailability of the authority to try the case in the Constitutional Court, even in all judicial institutions in Indonesia. Therefore, a court is needed to accommodate problems related to the constitutional rights of citizens such as Constitutional Complaint.The type of research used in this legal research is the normative juridical method, with a study of legal principles, namely the principle of legal certainty. Research is descriptive in nature, which is a study that aims to make a clear and detailed description of the problem. The data source used is secondary data. The data collection technique in this research is the literature review method after the data is collected and then analyzed to draw conclusions.From the results of research and discussion, it was found that there were cases that did not get legal certainty because they could only be filed in a Constitutional Complaint, in which Indonesia did not yet have an institution that was responsible for Constitutional Complaints. In Indonesia, the legal means that can be taken to file a Constitutional Complaint case to the Constitutional Court in Indonesia is through the judicial review, although it does not always run smoothly. There are only a few cases with Constitutional Complaint content that passed when they were brought to the Constitutional Court through a judicial review mechanism. In practice in Indonesia, even though judicial review has become the authority of the Constitutional Court, this is only limited to the product of the DPR (laws) so that actions (policies) either the government (executive), legislative, or judiciary have the potential to harm the rights of citizens who have already guaranteed by the constitution, especially rights that are fundamental rights have not been properly protected. In a country that adheres to the concept of a democratic state, such as in Indonesia, the constitutional complaint mechanism is very important to regulate.Keywords: Human Rights - Constitutional Complaint
IMPLIKASI RESES ANGGOTA DEWAN PERWAKILAN RAKYAT DAERAH KABUPATEN INDRAGIRI HILIR DALAM PERSPEKTIF DEMOKRASI PERWAKILAN (STUDI DAERAH PEMILIHAN VI (ENAM)) Ayunika Ayunika; Dessy Artina; Zulwisman Zulwisman
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

Law Number 23 of 2014 concerning Regional Government is contained in Article 108 Letter I, Article 161 Letter I, which reads "what is meant by "recurring work visits" is the obligation of members of the Regency/Municipal DPRD to meet with their constituents regularly at every period. recess, the results of which meetings with constituents are reported in writing to political parties through their factions in the Regency/Municipal DPRD”. That DPRD members among others have the obligation to absorb, collect constituents' aspirations through regular working visits, accommodate and follow up on community aspirations and complaints. DPRD members and their representatives have their respective electoral districts or abbreviated as DAPIL. One example is in the constituency VI (six) of the downstream Indragiri Regency, there are 4 sub�districts that are members of the DAPIL, namely Keritang District, Reteh District, Sungai Batang District, and Kemuning District. Here the author specializes in Keritang District and Reteh District. Where the area is not translated by peopleso that there is omission in the area. Within the DAPIL there are several council members who have their respective sub-districts who are members of the DAPIL VI (six).This study uses a sociological legal research type. This research is descriptive in nature, namely research that seeks to systematically and carefully provide facts with certain population characteristics. The results of the research conducted by the authors of the implementation of the recess, especially in Keritang District, and Reteh District, Electoral District VI, Indragiri Hilir Regency have not been implemented or have not had good implications, where council members conduct recess only for formalities, recess implementation is also carried out in certain areas. Council members conduct a recess in the regions that win the most votes at the time of the general election. Therefore, the author offers the existence of rules in the Government Regulation of the Republic of Indonesia Number 12 of 2018 concerning Guidelines for the Preparation of Orders for the Provincial, Regency, and City Regional House of Representatives regarding the obligation for members of the House of Representatives. the council conducts recess throughout the villages that are its constituencies.Keywords: Recess, DPRD, Recess Implementation.

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