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INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 2,579 Documents
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PERLINDUNGAN HUKUM TERHADAP PENGUNGKAP FAKTA (WHISTLEBLOWER) DALAM HUKUM POSITIF DI INDONESIA Rosmawati, Rosmawati; R, Mukhlis; Putri, Adi Tiara
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

Legal protection is a form of service that must be provided by the government to provide a sense of security to every member of society as well as to whistleblowers. Whistleblowers have a big risk when disclosing a crime, such as threats in the form of terror, loss of life, and are likely to harm themselves related to the information they provide which leads to defamation and back-reporting. In positive law in Indonesia, it does not specifically regulate the protection of whistleblowers, the regulations are implicitly contained in Law Number 13 of 2006 concerning Protection of Witnesses and Victims, Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection Witnesses and Victims, followed by Circular Letter of the Supreme Court (SEMA) Number 4 of 2011 concerning the Treatment of Whistleblowers and Offender Witnesses who collaborate (Justice Collaboration) in Certain Criminal Acts. Even though it has been regulated in several laws and regulations, this does not guarantee protection for whistleblowers in disclosing criminal acts that they know about without fear of retaliation against boththemselves and their families.This study uses a normative juridical approach to find legal norms and norms that constitute criminal law policy in formulating whistleblower protection, using secondary data as a data source. Methods of data collection in a normative juridical approach in this study using literature study techniques. The purpose of this study is to determine the guarantee of legal protection against whistleblowers, to know the weaknesses of legal protection guarantees against whistleblowers, and to know the idea of legal protection for whistleblowers in positive law in Indonesia.From this research it can be concluded that the guarantee of protection against whistleblowers is still lacking due to criminalization or back reporting of whistleblowers. There are no specific regulations governing the protection of whistleblowers where the regulations are still concise, partial, sectoral and scattered in several regulations. The number of institutions that regulate the receipt of reports from a whistleblower with the respective potentials of authority will cause their own problems. Therefore, there is a need for renewal of legal substance, renewal of legal and institutional structures in legal protection for whistleblowers.Keywords : Guarantee - Legal Protection - Whistleblower
IMPLEMENTASI PENDIDIKAN INKLUSI DI PROVINSI RIAU BERDASARKAN PERATURAN DAERAH PROVINSI RIAU NOMOR 18 TAHUN 2013 TENTANG PERLINDUNGAN DAN PEMBERDAYAAN PENYANDANG DISABILITAS Khofifah Hasanah Pane; Emilda Firdaus; Zulwisman Zulwisman
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

Disability comes from the absorption of the English word "disability or disabilities" which describes an inability or deficiency that exists both physically and mentally, which causes the sufferer to be limited in carrying out an activity. Persons with disabilities are entitled to all sectors of life. Furthermore, specifically related to education, every person with disabilities has the same opportunity and treatment to obtain inclusive education in units, pathways, types and levels of education according to the type and degree of their disability. In the framework of protecting and empowering persons with disabilities, Riau Province itself has Regional Regulation Number 18 of 2013 concerning the Protection and Empowerment of Persons with Disabilities. The objectives of this thesis are: First, the implementation of inclusive education in Riau Province based on Riau Province Regional Regulation Number 18 of 2013 concerning the Protection and Empowerment of Persons with Disabilities. Second, the inhibiting factor of the implementation of inclusive education in Riau Province. Third, efforts are made to address the problems of inclusive education in Riau Province.This type of research is 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 research was conducted at the Regional Representative Council of Riau Province, Riau Provincial Education Office, Riau Province Social Service, while the population and sample were all parties related to the problem under study. This study uses qualitative data analysis and produces descriptive data.From the research results it can be concluded that, First, the implementation of inclusive education in Riau Province has not been running optimally. Second, the inhibiting factors of the implementation of inclusive education are budget, human resources as teaching staff, infrastructure, school willingness, and lack of socialization and supervision. Third, the efforts made to overcome these inhibiting factors are making local regulations related to persons with disabilities, allocating budgets for inclusive education, increasing human resources as educators for people with disabilities, preparing schools through facilities and infrastructure as well as providing education and outreach and also carrying out adequate supervision optimal.Keywords: Implementation- Regional Regulations-Inclusive Education
PENYELESAIAN PERKARA TINDAK PIDANA PENCURIAN BUAH KOPI BERDASARKAN HUKUM ADAT BATAK KARO DI KECAMATAN BERASTAGI KABUPATEN KARO Andika Bukit; Dessy Artina; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Petty theft or theft of small value that is now being tried in court is enough to attract the attention of the public. The general public considers that it is very unfair. For resolution, the community recognizes the enactment of the law nationally and also grows and develops a legal system that is based on habits that exist within the community. One area that still applies customary law as a rule that is obeyed by the community is the Karo Batak Custom. The purpose of writing this thesis, namely: First, to find out the settlement of cases of theft of coffee fruit Karo Batak customary law in the District of Berastagi Karo Regency. Second, to find out the obstacles in the implementation of the case of the theft of coffee fruit legally in the Batak Karo customary law in Berastagi District, Karo District. Third, to find out the legal consequences in the settlement of coffee theft cases legally in the Batak Karo adat law in Berastagi District, Karo District.This type of research can be classified as a type of sociological legal research, because in this study the author directly conducts research at the location or places under study to provide a complete and clear picture of the problem under study. This research was carried out in the Singa Village, Berastagi District, Karo District, while the population and sample were all sections related to this research, the data sources used were primary data, secondary data, and tertiary data, data collection techniques, namely interviews and studies literature.From the results of the research and discussion it can be concluded that, First, the process of settling cases of the theft of coffee fruit based on the customary law of the Batak Karo in Gurusinga Village consensus. Secondly, Barriers and efforts in resolving legal problems in the Batak Karo traditional law Lack of attention from the Regional Government and the many social influences or modernization. Third, the consequences of traditional law given in the settlement of cases of the theft of coffee fruit based on the Batak Karo customary law in Gurusinga Village, Berastagi District, Karo District, traditional legal responsibility by Rakut Sitelu / Daliken Sitelu as law enforcers and decided by Pengulu Kesain / Raja Urung with the put forward Runggu in Karo language (deliberation).Keywords: Settlement-Theft-Customary Law
ANALISIS YURIDIS KEPAILITAN BUMN PERSERO DIKAITKAN DENGAN PRINSIP PERLINDUNGAN HAK-HAK KREDITUR Zikri Afdal; Firdaus Firdaus; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

In the Bankruptcy Law Number 37 of 2004, it has been regulated that business entities which cannot be automatically filed for bankruptcy such as securities companies, insurance companies, banks and SOEs. But regarding the bankruptcy of a SOEs has caused debate, especially regarding the bankruptcy of a SOEs. In the current SOE bankruptcy arrangement it is as if stating that SOEs cannot be declared bankrupt other than by the Minister of Finance, which is seen based on whether or not the company's capital is divided into shares as well as the disharmony of the SOE's definition of moving in the public interest with SOE's definition of SOEs in the The bankruptcy law and Act Number 19 of 2003 concerning SOEs and inconsistencies in understanding regarding whether or not SOEs was declared bankrupt under Law 17 of 2003 concerning State Finance, Law Number 1 of 2004 concerning State Treasury and Limited Company Law Number 40 of 2007. This legal disharmony creates legal uncertainty, thus potentially damaging the rights of creditors in the state bankruptcy case of SOEs.This thesis uses the normative legal research method with the scope of SOE bankruptcy, analysis of SOE bankruptcy arrangements, principles of bankruptcy through secondary data sources in the form of primary, secondary and tertiary legal materials with qualitative analysis by drawing deductive conclusions.Keyword: Bankcruptcy, SOEs, State finances
PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN TINDAK PIDANA CYBERBULLYING BERDASARKAN UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK Ahmad Fauzi; Emilda Firdaus; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Bullying is the use of violence, threats, or coercion to harass or intimidate others. This can include verbal harassment or threats, physical violence or coercion and can be directed repeatedly against certain victims, perhaps based on race, religion, gender, sexuality, or ability. The purpose of this study is to determine the legal protection of children who are victims of criminal acts of cyberbullying based on Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions and to determine obstacles in the legal protection of children become a victim of the crime of cyberbullying.The type of research the author will do is use a normative legal research method in which the aim of this study is the degree of legal synchronization. In this writing the writer uses secondary data. Secondary data is data obtained through other intermediaries not from the main source, in the form of official documents, books, research results in the form of reports, diaries and so on.The results of the study by the author are first, the legal protection of cyberbullying crimes has not proceeded properly because of the lack of security and supervision of the apparatus, an imbalance in the number of law enforcement personnel. Secondly, Law No. 19 of 2016 amending Law No. 11 of 2008 concerning Electronic Transactions was born on the basis of community needs and is no longer relevant to continue implementing. Hoping this ITE regulation must be able to work together in terms of providing optimal legal protection to the community, especially in this case children. Because children are the assets of the nation's successors who can continue the struggle of the state apparatus in terms of creating justice, order and the legal benefits inherent as constitutional rights for the creation of the rule of law.Keywords: Legal Protection - Criminal Acts - Cyberbullying.
IMPLEMENTASI PERATURAN PEMERINTAH NOMOR 53 TAHUN 2010 TENTANG PERATURAN DISIPLIN PEGAWAI NEGERI SIPIL DIKAITKAN DENGAN KEWENANGANPEMBINA APARATUR SIPIL NEGARA DI KOTA PEKANBARU Okthafia Mawis; Mexsasai Indra; Evi Deliana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Currently, the implementation of the work discipline as the initial capital in the smooth running of the tasks of civil servants, particularly Civil Servants, which is still minimal from what had been expected, the various forms of breach of discipline is still done employees. In the sense that Civil Servants are government employees who have met certain requirements, in the lift as employees Apparatus Civil State as fixed by the Trustees personnel officer to occupy the post of government as well as by applicable regulations. The applicable provision is exactly what is used as the legal basis for the Civil Servants itself. Making it as a form of discipline that must be complied with and run by Civil Servants. The discipline of Civil Servants is the ability of the employee to obey the obligations and avoids the prohibitions specified in laws and regulations and/or violated sentenced discipline.However, various attempts have been made for the enforcement of labor discipline, ranging from coaching to administration of sanctions for employees who committed the violation. In this case the writer wanted to know how the implementation of Government Regulation No. 53 Year 2010 Concerning Discipline of Civil Servants towards the authority of the Trustees of the Civil State Apparatus itself as well as how the efforts in overcoming the obstacles of the implementation of the punishment against the breach of discipline of Civil Servants.Keywords: Authority, Discipline, Law Enforcement
TINJAUAN YURIDIS PEMBERIAN REMISI TERHADAP NARAPIDANA TINDAK PIDANA KORUPSI DIKAITKAN DENGAN TEORI PEMIDANAAN Cyntia Ayustika Fitria; Erdianto Effendi; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Remission or reduction of the criminal period which is a right for a prisoner or prisoner-assisted citizen is regulated in Law Number 12 of 1995 concerning correctional matters and regulated in Presidential Decree 174 of 1999 concerning remission. Whereas the granting of remission to corruption convicts is regulated in Government Regulation Number 99 of 2012 concerning the second amendment to Government Regulation Number 32 of 1999 concerning the requirements and procedures for the implementation of prisoners' rights Article 34 A paragraph 1.Since there has been a reduction in serving time (remission) in Indonesia there are problems that need attention, given the remission whether it will provide a deterrent effect for the perpetrators of the crime, especially for convicted corruption, plus the verdict of judges who tend to impose minimum criminal penalties on convicted criminal act of corruption.Granting remission to corruptors reaps a lot of opinions and criticisms. The granting of remission to corruptors is considered to be an improper and improper action to be given. Given that corruption crime continues to increase from year to year and the level of state losses are very large. This research will be prepared using the type of normative juridical research, namely research that is focused on examining the application of the rules or norms in positive law. The approach used in this research is to use a normative approach, namely library law research. The results of the research conducted by the author are, firstly for the application of remission based on Government Regulation Number 99 of 2012, and to find out whether or not the relevant remission of corruption is based on criminaltheory.Keywords: Granting Remission - Corruption Crime - Criminal Theory
POLITIK HUKUM KETENTUAN PASAL 27 AYAT (3) UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK DIKAITKAN DENGAN KEBEBASAN BERPENDAPAT
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

The development of information technology today is inseparable from the era of globalization, one form of this technological progress can be seen from the increasing number of trade transactions using online media via the internet. In addition, through the internet, a person can communicate without being limited by time and space so that it can be said that the internet is one of the channels for people to express their opinions. However, it is unfortunate that the current technological developments are not accompanied by a good mentality, it can be seen from the many cases of defamation that have resulted in convictions. Starting from the problem of mutual ridicule, criticism that is considered insulting, or the spread of false information in the community (hoax). In such conditions it is deemed necessary to give birth to the ITE Law, the birth of the ITE Law also creates a polemic with the emergence of Article 27 Paragraph (3) which is considered by many as a rubber article with the intention of silencing the freedom of expression and opinion guaranteed in the constitution.This type of research the writer uses is normative legal research. Normative legal research is doctrinal legal research, also known as library research or documentary study which focuses on secondary data. The data collection technique in this research is literature study, in which the author takes quotes from books, literature, or supporting books related to the problems to be studied. In writing this thesis, the author uses descriptive analysis (descriptive analysis) which aims to provide a description of the research subject based on data obtained from the subject under study.The results of this thesis research conclude that Article 27 paragraph (3) of the ITE Law was entered suddenly at the last minute of the ratification of the ITE Bill into Law without any prior basis for consideration. regarding the need to formulate provisions regarding defamation and / or defamation where the main objective of the ITE Law is to regulate online trade (e-commerce) and electronic signatures (electronic signatures). The two freedom of opinion with social media after the enactment of the ITE Law has the potential to paralyze the people's right to express their aspirations in terms of expressing opinions, criticizing and complaining even though these are human rights protected by the state.Keywords: Political Law - Freedom of Opinion - ITE Law
PENYELESAIAN SENGKETA TANAH SAWAH GILIR GANTI PADA MASYARAKAT HUKUM ADAT KERINCI David Herlambang; Zulfikar Jayakusuma; Hengki Firmanda S
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Dispute resolution is expected not only to win or lose but to try to reach an agreement between the parties in dispute with consensus and win-win solution This article describes how the settlement of disputes that occur in the Kerinci customary law community in the Regency Kerinci, Jambi Province. Writing this article is taken from the results of research with this type of research conducted with the type of research to be used is sociological juridical (empirical legal research) that is empirical studies to find theories about the process of occurrence and about the process of working of law in society. Efforts to resolve disputes through mediation certainly do not always succeed in achieving peace between the disputing parties. The problem that often occurs in the Kerinci customary law community is the problem of managing the shifting paddy land instead of the Kerinci customary law community which is a typical inheritance system belonging to the Kerinci indigenous people. Settlement of disputes in Kerinci customary law has 4 levels, namely kitchen institutions, institutions, traditional institutions and natural institutions. The dispute resolution process began in stages starting from Tengganai to Depati. The purpose of writing this thesis is first To find out the management system of the shifting paddy field system in the Kerinci customary law community, second To find out the settlement of the dispute from the rotating paddy field using Kerinci customary law in the Kerinci customary law community and third As a brainstorm of the writer's thoughts on the alma mater in adding khasanah civil law and customary law relating to the resolution of the rotating paddy field dispute in the Kerinci customary law community.Keywords: Indigenous Institutions, Legal, Dispute Resolution
PERKEMBANGAN HUKUM INTERNASIONAL DALAM SEJARAH PANDEMI DUNIA Salma Kemala; Maria Maya Lestari; Zulfikar Jayakusuma
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract— Covid-19 pandemic in 2020 is a prove that pandemic is something that continues in human history, start from the black death, cholera, and Spain flu. Those out�breaks had been classified as pandemic through any decision in the past and became a regulation that has affected international law development. Through qualitative method, these research-based paper, using seconder historical data founds that the response of the state that affected by pandemic required state to make sanitation regulation, conducted a quarantine and other related methods in control and prevention that applied to interna�tional scope aimed not to effect international traffic and trade. Those all had become a base to regulate the global public health law in controlling and preventing diseases as a form of preparedness of the global community to face another event that might be pandem�ic in the future. As today IHR is the main international regulation on how to control and prevent pandemic to happen is formed looking back to pandemic historyKeywords: International law development, Pandemic history

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