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INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Law, Crime, Criminology & Criminal Justice
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Articles 2,579 Documents
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Eksistensi Hukum Adat Minangkabau Dalam Menyelesaikan Tindak Pidana Penculikan Gadis Di Talu Pasaman Barat Wulanda Septrila Metri; Erdianto Effendi; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

Indonesia is a country that is based on law. In social life, in addition to the existence of national law, there is also customary law in the midst of the community that was born from the habits and behaviors that have been developed, which are called adat law. This custom or habit will later become a provision called adat law. Whereas customary law and customary law are still used by certain local communities, especially in the Talu Pasaman Barat region where the community still uses customary criminal law to resolve customary criminal acts, specifically the crime of kidnapping girls.The author uses sociological research methods, or often called non-doctrinal theories that try to examine the effectiveness of the application of law in society. This research is descriptive. This research was conducted in Talu, Talamau District, West Pasaman Regency, West Sumatra Province. While the population and sample are all parties related to the problems examined in this study, the source of the data used are primary data, secondary data, and tertiary data, data collection techniques in this study with interviews and document studies.The conclusion that can be drawn from this research is that the existence of customary criminal sanctions such as discarded and fined is still very strong and is still applied in Talu Pasaman Barat, including in resolving cases of abduction of girls resolved through customary law not through positive Indonesian law, so there must be cooperation between the police and traditional stakeholders to make it more efficient.Keywords: Criminal act - kidnapping – Law Adat
KEBIJAKAN KRIMINALISASI TERHADAP PENANGKAPAN IKAN TERUBUK DALAM PERATURAN DAERAH KABUPATEN BENGKALIS Widya Lestari; Erdianto Erdianto; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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The decision of the Minister and the Regent regarding the status of protection of terubuk fish does not create a deterrent effect for the perpetrators of the violation, because even though they are given a warning letter and make a statement not to repeat their actions, there are still many violations committed by other offenders even though they already know the prohibition on fishing in the month of their prohibition to do so. violations with different people, this does not create a deterrent effect for the perpetrators of the offense. Bengkalis, is a district in Riau Province, Indonesia. Its territory covers the eastern part of the island of Sumatra and the archipelago, with an area of 7,793.93 km2. Geographically, Bengkalis waters, located in the waters of the Malacca Strait which is a separation between two countries, Indonesia and Malaysia. These waters have fish resources that have the potential to be managed and developed as a beneficial economic growth for both countriesThis research is a type of research that is empirical or sociological legal research. Sociological legal research is research that is carried out directly in the location or in the field to obtain data to provide a complete and clear picture of the problem under study. This research is more specific to legal effectiveness. When talking about the power of law, it means talking about the power of the law in regulating and / or compelling to obey the law. This research focuses on the Criminalization Policy Against the Capturing of Terubuk Fish in the Bengkalis Regency Regional Regulation based on the Decree of the Minister of Marine Affairs and Fisheries Number KEP59 / MEN / 2011 concerning the Determination of the Limited Protection Status of Terubuk Fish, associated with criminal law policy theory and law enforcement theory.The results of this research are expected in the future in a ministerial decree to impose sanctions on the perpetrators and explain in detail what kind of protection matters should be protected. Then there should be an activity that conducts discussions with the local government by discussing that the act is a criminal act and attaching in the regulation what things are called criminalization.Keywords: Criminalization-Terubuk Fishing Policy
TINJAUAN YURIDIS TERHADAP TERPIDANA YANG TELAH DIVONIS BERSALAH TANPA AMAR PERINTAH PENAHANAN (Studi Kasus Putusan Nomor 192/Pid.B/2015/PN.Rgt) Rafika Anggraini; Mexsasai Indra; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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The decision of Rengat District Court No. 192/Pid.B/2015/PN.Rgt does not fully comply with the pro-visions of the Criminal Event Law (KUHAP) especially Article 197 paragraph (1) letter k, and will certainly cause legal consequences. The purpose of writing this thesis: first, to know the legal certain-ty of convicts who have been convicted without amar restraining orders in Verdict No. 192/Pid.B/2015/PN.Rgt). Second, to find out the legal consequences of a verdict against a convicted felon without amar restraining order in Verdict No. 192/Pid.B/2015/PN.Rgt).The type of research used in this legal research is normative juridical method. Therefore in this research the data analysis used is qualitative analysis. In drawing conclusions the author uses deduc-tive thinking methods that are ways of thinking that draw conclusions from a statement or evidence that is general in nature into a statement of a special nature.From the results of the study, there are two main things that can be concluded. First, the legal certainty of convicts who have been convicted without amar restraining orders in the verdict No. 192/Pid.B/2015/PN.Rgt is actually not met, because the convicted who has in fact been convicted re-mains outside or still in a free state so that there is no guarantee of justice or legal certainty in the verdict. Verdict No. 192/Pid.B/2015/PN.Rgt does not contain Article 197 paragraph (1) letter k of the Criminal Code (KUHAP) does not provide legal certainty, so the purpose of the law itself is not achieved because the true criminal law is legalistic. Second, as a result of the law of the verdict that does not include Article 197 paragraph (1) letter k of the Criminal Event Law (KUHAP) as the verdict of case No. 192/Pid.B/2015/PN.Rgt) among others: By itself the verdict is null and void, any verdict that is null and void is an invalid verdict and was originally considered to have never existed, Such a verdict is not binding so that the verdict is not attached to the executive force (non-executive), if the public prosecutor executes it means that the act is arbitrary and unconstitutional and violates human rights because it is contrary to Article 28D paragraph (1) and Article 28J of the Constitution of the Republic of Indonesia as well as Article 17 and Article 34 of Law No. 39 of 1999 on human rights.Keywords : Restraining Order – Article 197 of the Criminal Code – Legal Certainty
TANGGUNG JAWAB PT. PRATAMA MAKMUR JAYA MEDAN TERHADAP BARANG BAWAAN MILIK PENUMPANG DALAM BAGASI BUS MAKMUR Yerikho Alexandre; Hayatul Ismi; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

The transport is a transfer of location, both to things and to people, an activity that guarantees passengers on the bus.Prior agreements would need to be established with passenger tickets or transport papers. With tickets to prove the agreement, customers and customers must fulfill their rights and obligations according to the 1999 statute no. 8 on consumer protection. PT. Pratama Makmur Jaya medan was one of the otobus companies. In progress, PT. Pratama Makmur Jaya on transporting both persons and cargo items and passenger packages by attabounding clausen on the condition of the transport agreement that was on the bus ticket to be jointly agreed upon. In practice, passengers have suffered losses caused by the negligence of both the transporters and the passengers themselves. To limit the duty of the transport vessel to make clause on the condition of the transport agreement on their bus ticket that reads "small things and nonfares are privately cared for and if lost" the result of this thesis is how the carrier handles the luggage of the passengers in the baggage of the Makmur bus, Does clausen "take care of small items and things that have no fares themselves and if missing becomes a load of their own owners" in bus tickets limiting the responsibilities of the transporters. The result of this study suggest that PT. Pratama Makmur Jaya Medan Has the responsibility of liability to compensate passengers for any damages inflicted by PT. Pratama Makmur Jaya Medan fault or negligence, if such negligence is proven then the person responsible for the loss is the employee. However, there are liability restrictions on the corresponding clausen ticket in PT. Pratama Makmur Jaya Medan And there is no responsible for the loss of passengers if it contradicts clausen in the transport agreemenKeywords : The laws of transportation, Transports, Passengers, Restitution
ASPEK HUKUM INTERNASIONAL DALAM ADVOKASI AMNESTY INTERNATIONAL TERHADAP PERMASALAHAN MAIL ORDER BRIDES DARI NEGARA TIONGKOK An Nisaa Mujahidina; Zulfikar Jayakusuma; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

At the world level human trafficking is a transnational criminal act and is declareda violation of human rights. So the trafficking of people is an act contrary to humandignity and violates human rights. Mail order bride as a new modus operandi andbecome part of human trafficking. Making Amnesty International a non-governmentalinstitution develops and conducts research with a globally connected writing networkand can conduct a wide range of campaign tactics, protests, and various othertransnational activities. In this case it carried out a strategy in an effort to develop newinternational legal norms on humanitarian issues related to this case.This type of research can be classified as a type of normativeresearch, In legalresearch the type of law is conceptualized as what is written in thelegislation (Law InThe Books) or the law is conceptualized as a rule of law which is the benchmarks ofbehaving or behaving appropriately or inappropriately by utilizing descriptive methods.This research is normative juridical research on legal systematics. Research into legalsystematics is conducted against a particular legislation or written law. The purpose isto conduct an identify against the basic or basic understanding of rights andobligations, legal events, legal relationships,From the results of research and discussion can be concluded that, AmnestyInternational provides a stronger guarantee of enforcing human rights. AmnestyInternational operates on the principles of international security, global security,human rights universality, impartiality, self-reliance, democracy and mutual respect.The organization also respects the law and applies human rights standardsinternationally. With the spread of a non-governmental such as amnesty international increating a good cooperation in order to run continuously, then there is a driving factor– a driver that serves as a reinforcement of cooperation in tackling the problem of brideorders.Keywords :Human Trafficking, Bride Or
AN A L I S I S YU R I D I S PA S A L 41 H U R U F H PE R A T U R A N DA E R A H PR O V I N S I RI A U NO M O R 3 TA H U N 20 1 3 TE N T A N G PE R L I N D U N G A N H A K DA S A R AN A K DI K O T A PE K A N B A R U Sr i Se l v i a; Emilda Firdaus; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

Ch i l d r e n ar e a ma n d a t e an d a gif t fro m Go d Al m i g h t y wh o ha s in h e r e n t di g n i t y an d wo r t h as a wh o l e hu m a n be i n g . Ev e r y ch i l d ha s di g n i t y tha t sh o u l d b e up h e l d an d ev e r y ch i l d bo r n mu s t ge t th e i r rig h t s wi t h o u t the ch i l d as k i n g . C h i l d pr o t e c t i o n ne e d s to be co n s i d e r e d be c a u s e th e r e ar e sti l l ma n y ca s e s of vi o l e n c e ag a i n s t ch i l d r e n th a t oc c u r in Pe k a n b a r u cit y wh e r e ca s e s ar e rep o r t e d di r e c t l y o r in d i r e c t l y di r e c t l y to the Of f i c e of Wo m e n 's Em p o w e r m e n t an d Ch i l d Pr o t e c t i o n (D P 3 A ) , so tha t th e pr i n c i p l e s of hu m a n rig h t s re m a i n ali v e . Ca s e s of vi o l e n c e ag a i n s t ch i l d r e n ca n be re s o l v e d fai r l y an d tra n s p a r e n t l y by law en f o r c e m e n t . Th e pu r p o s e o f wr i t i n g thi s the s i s : Fi r s t , to fin d ou t the ju r i d i c a l an a l y s i s of Ar t i c l e 41 Le t t e r h of t h e Re g i o n a l Re g u l a t i o n of Ri a u Pr o v i n c e Nu m b e r 3 of 20 1 3 co n c e r n i n g the Pr o t e c t i o n o f Ch i l d r e n 's Ba s i c Ri g h t s in the cit y of Pe k a n b a r u , se c o n d l y , to de t e r m i n e the fa c t o r s ca u s i n g the oc c u r r e n c e of ph y s i c a l an d psy c h o l o g i c a l vi o l e n c e ag a i n s t ch i l d r e n in t h e cit y of Pe k a n b a r u . kn o w i n g the eff o r t s ma d e to ov e r c o m e th e ob s t a c l e s in Ar t i c l e 4 1 Le t t e r h of the Re g i o n a l Re g u l a t i o n of Ri a u Pr o v i n c e Nu m b e r 3 of 20 1 3 co n c e r n i n g th e Pr o t e c t i o n of Ch i l d r e n ' s Ba s i c Ri g h t s in th e cit y of Pe k a n b a r u . Th e au t h o r co n d u c t s res e a r c h wi t h th e typ e of res e a r c h me t h o d th a t the au t h o r us e s is a so c i o l o g i c a l leg a l res e a r c h typ e . Fr o m the re s u l t s of th e stu d y , th e r e are th r e e ma i n thi n g s tha t ca n be co n c l u d e d : Fi r s t , Ju r i d i c a l An a l y s i s of Ar t i c l e 41 Le t t e r h Re g i o n a l Re g u l a t i o n of Ri a u Pr o v i n c e Nu m b e r 3 of 20 1 3 co n c e r n i n g Pr o t e c t i o n of Ch i l d r e n 's Ba s i c Ri g h t s in Pe k a n b a r u Ci t y , se c o n d l y W h a t are th e Fa c t o r s Ca u s i n g Ph y s i c a l an d Ps y c h o l o g i c a l Vi o l e n c e Ag a i n s t Ch i l d r e n Ba s e d on Ar t i c l e 41 Le t t e r h Ri a u Pr o v i n c e Re g i o n a l Re g u l a t i o n Nu m b e r 3 of 20 1 3 co n c e r n i n g Pr o t e c t i o n of Ch i l d r e n 's Ba s i c Ri g h t s in Pe k a n b a r u Ci t y , thi r d Wh a t ar e th e Ef f o r t s to Be Do n e to Ov e r c o m e Ob s t a c l e s in Ar t i c l e 41 Le t t e r h of Ri a u Pr o v i n c e Re g i o n a l Re g u l a t i o n Nu m b e r 3 of 20 1 3 co n c e r n i n g Pr o t e c t i o n o f Ch i l d r e n 's Ba s i c Ri g h t s in Pe k a n b a r u Ci t y .Ke y w o r d s : Re g i o n a l Re g u l a t i o n - Pr o t e c t i o n - B a s i c Ri g h t s of Ch i l d r e n
PERAN OTORITAS JASA KEUANGAN PROVINSI RIAU DALAM MENGAWASI PENYELENGGARAAN LAYANAN PINJAM MEMINJAM UANG BERBASIS TEKNOLOGI INFORMASI (PEER TO PEER LENDING) ILEGAL DI KOTA PEKANBARU Putri Diana Dasopang; Evi Deliana; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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One of digitalization improvement form was experienced by technology field. Internet technology has greatest impact for world economic needs. Internet brings economic sector into the new level that is most known as digital economics. The most recent popular digital economics service specifically in Indonesia is fintech. According to the Indonesian Joint Fintech Funding Association (AFPI), the financial technology of peer to peer lending (loan) is considered the type of Fintech which activity is most prominent in Indonesia. The purpose of this research; First, to know the form of legal protection given by the Financial Services Authority of Riau Province against the use of borrowing money services based on illegal information technology (eer to peer lending) in Pekanbaru city, Second to know the optimizing role of Financial Services Authority of Riau Province to supervise the implementation of borrowing money services based on illegal information technology (peer to peer lending) in Kota Pekanbaru.This type of research can be classified into a type of sociological research. This research direcly gain the data from the research location at Financial Service Authory of Riau Province and Legal aid Pekanbaru. From the research results based on two problems can be concluded, First, the form of legal protection provided by the Financial Services Authority of Financial Services Authority of Riau is supposed to focus on the socialization of prevention by conducting socialization related to middle and lower society. Second, optimizing the role of Financial Services Authority of Riau Province to supervise the implementation of borrowing money services based on illegal information technology (peer to peer lending) in the territory of Pekanbaru city, seen from the efforts of Financial Services Authority of Riau in renewing preventive efforts but in terms of repressive Financial Services Authority of Riau has not been able because there is no specific rules that govern the implementation of the money-borrowing services based should urge the Government to immediately formulate the law on the Misuse of Personal Data in order to minimize the cases.Keyword: Financial Services Authority-Money Loans services based on information technology (peer to peer lending)-illegal
PENYELESAIAN WANPRESTASI OLEH AHLI WARIS DALAM PERJANJIAN KREDIT PADA USAHA EKONOMI DESA SIMPAN PINJAM AS SALAM DI DESA TANJUNG PUNAK KECAMATAN RUPAT UTARA KABUPATEN BENGKALIS Agus Kusni Mubarok; Maryati Bachtiar; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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In Article 1100 of the Civil Code it is affirmed, "the heirs who have been willing to receive an inheritance, must take part in the payment of debts, will and other burdens, in proportion to what each of them receives from the inheritance. Related to the obligations of the heirs to pay debts. the inheritor, based on Article 1101 of the Civil Code stipulates that the obligation to pay is borne individually, each according to the amount of his inheritance, without reducing the rights of the creditor to all inheritance, as long as the inheritance has not been divided, and without reducing the rights of the creditors. . Article 833 paragraph (1) of the Civil Code stipulates that an heir automatically, due to the law, obtains property rights over all property, rights and all debts from the heir. Therefore the researcher took the title Settlement of Default Against Inheritance in a Credit Agreement on the Economic Business of the As Salam Savings and Loan Village in Tanjung Punak Village, Rupat Utara District, Bengkalis Regency.The purpose of this study is to determine the settlement of default disputes against the heirs in a credit agreement with fiduciary guarantees for village economic enterprises in Tanjung Punak village, Rupat Utara sub-district, Bengkalis district and to find out what efforts can be made by village economic enterprises if the heirs are unable to pay their debts. Because in this study the author directly conducted 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 in the village of Tanjung Punak, Rupat Utara District, Bengkalis Regency. While the population and samples are the head of the village of Tanjung Punak, the head of UED-SP As-Salam and the heirs. The type of research in this thesis is sociological law research.The conclusions obtained from the research results are First The position of the heir in the case that the author examines as the successor of the debt that is inherited to him so that he has a position as a debtor in this case,Second Efforts that can be made by village economic enterprises if the heirs are unable to pay their debts is to seek relief in installment payments, the given the opportunity to pay installments in an amount smaller than what it should be, the provision of partial debt repayment opportunities, the heirs can pay a portion of the total debt and Underhand collateral sales are made so that the heirs are still given the opportunity to offer / sell their own collateral to do so. full payment of debt payments.Keywords: Default, Heirs, Credit Agreement, Usaha Ekonomi Desa-Simpan Pinjam
PERLINDUNGAN HUKUM TERHADAP PELAPOR DALAM TINDAK PIDANA NARKOTIKA DI KEPOLISIAN RESOR KAMPAR Ahmad Novrian Arsyad; Evi Deliana; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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To effort and eliminate drugs crime in Kampar need some action of the people to report that crime to the Police Department and became a witness. To convincing people to make sure them reported the drugs crime need some real action from the Police side who duty on it to protected them, wich is the protction is really importent because the protection is the only way to convince people society to report. And the witness it self are important component and is a key to reveal every single case of drugs crimes. To push the limit of drugs crime in Kampar as we known is higher level every year need someone to reporting it and to prevent it and ofcially to counter it while the crime is happened. On this thesis the problem appointed is how the police department protecting an informan in Kampar Police Department territory? And what the obstruct factor to protected the informan? The purpose of this research is to know how Kampars Police Deparment protecting the informan oncrimanl dugs caseand to knowing what the obstruct of Kampar Police Departmentin case proecting theinforman on crimanaldrugs case in Kampar. The method of this research is Sociological Law Method. The data that the writer has is the premier and seconds datawich is processed bya kualitatif way. Depend on the research we do on a discuss chapter and the we finally got one conclusion the effort of protecting an informan in Kampar territory Kampar Police Department do two protecion type wich is preventif protection and represif protection. The preventif proection is the protection wich is do by prevent something that can threatening and endanger public order and peace. And then represif protection is wich is failed to do a preventif protection by seeking a prepetator. During a do protecting to an informan founded a obstruct to tha protection wich is : 1. The fasilities to do a protection to an infoman itself. 2. The people. 3. The law enforcer.Keyword: Informan – Criminal – Drugs – Law Protection
GAGASAN KEBIJAKAN HUKUM PIDANA TERHADAP KRIMINALISASI HUBUNGAN SEKSUAL SEJENIS DI INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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The Criminal Code Drafting Team made an effort to renew the offense of similar sexual relations , namely regarding obscene perpetrators who are of the same age as other people of the same sex who are known to be not old enough as stipulated in positive law in the 2017 Penal Code Draft Article 495 Paragraph (1) includes namely providing age limit, and an increase in criminal sanctions, which were originally sentenced to five years imprisonment in Article 292 of the Criminal Code to a maximum of 9 years. In addition to giving rise to pros and cons, this is exacerbated by the protracted discussion of the RKUHP, which has not yet been approved, since 1963 until the idea of criminal law policy arises in the criminalization of similar relations in article 292 of the Criminal Code for conducted a judicial review by the Court Constitution but precisely rejected the lawsuit on the grounds that as tested by the applicant is not the authority of Court Constitution as negative legislato r . The impact of these types of sexual acts can damage the moral values and religious rallies that exist in Indonesian society based on almighty divinity, so that these actions will gradually become legalized because there are no legal rules in positive Indonesian law and be a threat to national identity, meanwhile there are a number of countries which can regulate criminal sanctions against similar sexual relations , such as Malaysia and Nigeria. The purpose of writing this thesis, namely; First, to find out the urgency of criminal law policies in the criminalization of similar sexual relations in Indonesia . Second, to find out the criminal law policy towards similar sexual relations in Indonesia .This type of research used in this legal research is the normative juridical method , this research is descriptive, which is a study that aims to make a clear and detailed description of the problem . Data sources used secondary data and tertiary legal materials . Techniques of collecting data in this study with the methods of literature study after the data is collected and analyzed to be drawn kesimpulan.Dari results of research and discussion can be concluded that the U rgensi criminal law policy in criminalizing same-sex relations in Indonesia , because it has a lot of unrest in the community reap Indonesia, uphold eastern customs .. Keywords: Legal Policy - Criminalization - Similar Sexual Relations

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