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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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PENEGAKAN HUKUM TERHADAP PEDAGANG PAKAIAN BEKAS IMPOR DI KOTA PEKANBARU
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Used clothing is an object or item used by humans to cover their bodies but has been worn by people, used clothing is called flea goods. Imported used clothing is prohibited from being traded because this used clothing has the potential to endanger human health so it is not safe to be used and used by the community and does not have the Indonesian National Standard (SNI). However, in reality every regulation contained in Law Number 7 of 2014 concerning trade and Regulation of the Minister of Trade of the Republic of Indonesia Number 51 / M-DAG / PER / 7/2015 concerning the prohibition of importing used clothing is not implemented and enforced by enforcement officers the law against import used clothing traders in the city of Pekanbaru, Even used clothing sales are sometimes conducted overtly so that the writer is interested in researching about Law Enforcement Against Imported Used Clothing Merchants in Pekanbaru City.The purpose of this thesis, namely; First, to find out law enforcement against imported used clothing traders in the city of Pekanbaru, Second, to find out the inhibiting factors in law enforcement against imported used clothing traders in Pekanbaru city.The type of legal research used by the writer is sociological law research. This research was conducted in Pekanbaru City. Sociological legal research uses primary data and secondary data, while population and sample are parties related to the problem under study, namely the Head of Trade of the Department of Industry and Trade of Pekanbaru, Kanit II of the City of Pekanbaru Criminal Investigation Unit and used clothing traders. Data collection techniques in this study with literature review and interviews.From the results of this study, the author concludes that the Law Enforcement of Imported Used Clothing Merchants in Pekanbaru City has so far only been carried out socialization on imported used clothing traders by the Pekanbaru City Industry and Trade Office without carrying out any follow-up on the used clothing traders. Factors that hinder the law enforcement against imported secondhand clothing traders in Pekanbaru city are the absence of Civil Servant Investigators, the lack of awareness and concern of the community towards the law, the import of used clothing trade is entrenched, and the geographical location of the city of Pekanbaru.Keywords: Law Enforcement-Trade-Used Clothing
PENEGAKAN HUKUM PIDANA PADA PERUSAHAAN PERKEBUNAN KELAPA SAWIT YANG TIDAK MEMILIKI IZIN USAHA PERKEBUNAN DI KABUPATEN INDRAGIRI HULU
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Plantation crime is a special crime that is governed by criminal provisions. Companies that do not have a plantation business permit will be subject to criminal witnesses, namely those listed in Article 105 of Law Number 39 of 2014 concerning plantations. There are still oil palm plantation companies in Indragiri Hulu Regency that do not have plantation business permits and these oil palm plantation companies are still operating and no criminal witnesses have been given to oil palm companies that do not have plantation business permits. The purpose of writing this thesis, namely:. First, criminal law enforcement against oil palm plantation companies that do not have oil palm plantation business permits that do not have oil palm plantation business permits in Indragiri Hulu District; Second, what are the factors that obstruct the enforcement of criminal laws against oil palm plantation companies that do not have oil palm plantation business permits in Indragiri Hulu District; Third, efforts are made to resolve barriers and law enforcement for oil palm plantation companies that do not have plantation business permits in Indragiri Hulu Regency. This type of research is classified as sociological research, because in this study the author directly conducts research at the location or place to provide a complete and clear picture of the problem under study. This research was conducted at the Indragiri Hulu District Police, the Plantation Service, the One Stop Investment and Integrated Services Service (DPMPTS), the Environmental and Forestry Law Enforcement Agency Section II Sumatra, while the population and samples were all parties related to the problem. In this research, the data source used, primary data and secondary data, and tertiary data, were used to collect data in this study by interviewing and studying literature. . From the results of the research and discussion it can be concluded that, First, the criminal law enforcement of oil palm plantation companies is very weak and needs to be enforced through the implementation of Law Number 39 of 2014 concerning Plantations; secondly, there are no community reports about oil palm plantations that do not have plantation permits, there is no good coordination between the Police and the Plantation Service and the One Stop Investment and Integrated Service Agency which makes the police never take up the case. Keywords: Criminal Law Enforcement-Plantation
POLITIK HUKUM PEMBENTUKAN PERJANJIAN INTERNASIONAL PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 13/PUU-XVI/2018
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

The ratification of an international treaty is a way for a country to declare to be bound by an international treaty. The Constitutional Court issued the Constitutional Court Decision No.13/PUU-XVI/2018 regarding the International Treaty Law which was motivated by differences of opinion regarding the process of ratifying international treaties. It is necessary to know how the impact of this Constitutional Court Decision on the process of implementing the ratification of international agreements by looking at the comparison of the practice of ratifying international agreements in various countries.  The legal politics after the decision of the case is right in the legal system regarding the application of international agreements in the national legal system. Article 2 of Law Number 24 of 2000 concerning International Treaties with Article 11 of the 1945 Constitution of the Republic of Indonesia only regulates the division of authority between the President and the House of Representatives in ratifying international treaties. The lack of clarification on the Indonesian legal and political system creates problems in the application of domestic international agreements, especially in relation to the role and authority of the House of Representatives and the President in terms of making international agreements, the absence of an explanation of the authority of the House of Representatives in terms of making international agreements has implications for various questions regarding the legal construction of the authority of the House of Representatives after the decision of the Constitutional Court number 13/PUU-XVI/2018 concerning International Agreements.Keywords: Legal Politics – International Treaties – Constitutional Court Decisions.
PELAKSANAAN DIVERSI TERHADAP ANAK PELAKU TINDAK PIDANA DI KEJAKSAAN NEGERI PEKANBARU
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

The problem of implementing the diversion is not as expected, this can also be seen with the performance of the public prosecuting agency which is still breaking through legal channels where good law enforcement processes, responsible officials, adequate facilities and infrastructure, factors of society, as well as factors from culture, in the diversion process often conflicts occur between children in conflict with the law and victims. This study aims to determine the procedures for implementing diversion against children in conflict with the law by the Public Prosecutor, and inhibiting factors in the implementation of diversion and its solutions. The formulation of the problem in this research is the implementation of the diversion of children of perpetrators of crime in the Pekanbaru District Attorney's Office and the constraints in implementing the diversion of children of perpetrators of crime in the Pekanbaru District Attorney. The research method used is the type of research in this writing is juridical sociological. The type of research used is descriptive legal research. From the results of the research, the procedure for implementing the diversion by the Public Prosecutor is guided by two Laws Number 11 Year 2012 concerning the Child Criminal Justice System and Attorney General Regulation No. PER006/A/J.A/05/2015 concerning Guidelines for the Implementation of Diversity at the Prosecution Level. In the case of Andre Siswandi and Romi Septriansyah's children, Article 363 Paragraph 2 is charged where the article is threatened with a 9 (nine) year sentence, but law enforcement officials break the rules stipulated in Law Number 11 Year 2012 concerning the Juvenile Justice System with the Child Criminal Justice System with keep on doing diversion where the diversion should be carried out under the condition of a criminal under 7 (seven) years and not a repeat of a criminal offense. In addition, the implementation of diversion is often not conducive between the perpetrators and victims because each party does not want to heed what is desired by both parties. The conclusion of this research is that there is no agreement between the perpetrators and victims so that the agreement of diversion is very difficult to achieve. ineffective and inefficient in terms of facilities and infrastructure where the diversion space is still too small so that the process of reconciling between the perpetrators and victims becomes uncomfortable. Obstacles are posed difficult to reconcile the parties where the victim uses the situation to blackmail the victim, lack of understanding of diversion, narrow space of diversion, as well as law enforcers who participate in breaking through the law itself Solution to the obstacles is the awareness of the parties, the existence of legal counseling, improved diversion space. KeyWords: Diversity Implementation, Law EnforcemenT, Children
TANGGUNG JAWAB PELAKU USAHA FITNESS TERHADAP KONSUMEN PENGGUNA SUPLEMEN FITNESS YANG TIDAK MEMILIKI IZIN EDAR DI KOTA PEKANBARU
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

The government in the effort to protect consumers has a very important role as an intermediary between the interests of business actors and the interests of consumers, /with that the government makes a rule that protects the interests of consumers. The regulation is Law Number 8 of 1999 Concerning Consumer Protection or often abbreviated as UUPK. The Consumer Protection Act consists of 15 chapters and 65 articles which regulate consumer protection where there are guarantees for consumer rights. This law is effective since it was passed precisely on April 20, 2000.This research is an empirical or sociological legal research by means of a research survey that takes a sample from one population and uses a questionnaire as the main data collection. While the population is a whole or a collection of objects with the same characteristics. population can be a set of people, objects (living or dead), events, cases, times, or places with the same characteristics or characteristics. The sample is a number of people or entities that are part of the population that will be used as a data source.From the results of the research that the author did can be concluded, first Based on Law No. 8 of 1999 concerning Consumer Protection, business actors should be responsible for providing compensation or compensation for the loss of fitness supplement consumers without marketing authorization that is traded by fitness business practitioners. Second, the author considers that the efforts made by consumers against fitness businesses are completely absent due to lack of information on how efforts should be taken by consumers if consumers feel disadvantaged because they have consumed fitness supplements that do not have marketing authorization.Keywords: Responsibility - Fitness Business - Consumer Fitness Supplements
PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA PROSTITUSI SECARA ONLINE DIWILAYAH KOTA DUMAI
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

The existing regulations in Indonesia should have been able to curb the practice of prostitution through this virtual world. However, unfortunately, with the constraints of the existing limitations, the government has not been able to close down virtual world sites that clearly reek of the practice of prostitution.Based on the above understanding, the authors formulated three problem formulations, namely; First, how is the law enforcement of online prostitution in the city of Dumai. Second, what are the obstacles in enforcing the law of online prostitution in the City of Dumai. Third, what are the efforts to overcome obstacles in the enforcement of the law on online prostitution in the City of Dumai. This research is a sociological or empirical research, which is a type of research that uses people's assumptions in finding facts that occur in the field to answer an existing problem. This research was conducted in the jurisdiction of the Dumai City Police. While the population and sample are parties related to the problems studied in this study, the data sources used are primary data, secondary data, and tertiary data. Data collection techniques in this study are interviews and literature review.From the results of the study, there are three main problems that can be concluded, namely: First, law enforcement against online prostitution in the City of Dumai has not been optimal and the surrounding community does not care about the existence of online prostitution. Second, the problem faced by law enforcers is the lack of facilities and infrastructure for the Dumai City Police in conducting investigations and investigations. Third, the efforts made by law enforcers to overcome obstacles in the enforcement of online prostitution crimes in the Dumai City area are by taking preventive, preventive actions, namely preventive measures taken before the occurrence of a criminal event in terms of overcoming the crime of prostitution online by providing socialization to the community.Keywords: Law enforcement -Criminal act-Prostitution-Online-Dumai
BATASAN TINDAKAN PELECEHAN MATA UANG YANG DIGUNAKAN SEBAGAI MAHAR BERDASARKAN PASAL 35 AYAT (1) UNDANG-UNDANG NOMOR 7 TAHUN 2011 TENTANG MATA UANG
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

The central bank under the name Bank Indonesia has the goal of achieving and maintaining the stability of the Rupiah value contained in Article 7 paragraph (1) of Law No. 3 of 2004 on Changes to the Law of the Republic of Indonesia No. 23 of 1999 on Bank Indonesia stating that: “Bank Indonesia’s goal is to achieve and maintain Rupiah stability”. But from some functions it turns out that money is also used as a dowry in a marriege. In the use of money for the manufacture of dowry marriege is generally done by folded, stapled, even glued.This legal research is a normative legal study or so-called doctrinal law research, in this study the authors conducted research on legal principles by utilizing descriptive, because the authors describe how restrictions on acts of currency abuse are used under Law No. 7 of 2011 on currencies, as well as to find out if the use of currencies as dowry is prohibited under Article 35 Paragraph (1) of Law No. 7 of 2011 on currencies.The result of the study conducted by the authors is, first the implementation of clear rules against the restrictions on currency abuse, and it is expected that changes to the law will include clear rules against the use of currencies as dowry that should not be used because it will damage the value of the currency.In accordance with Bank Indonesia Regulations only accept money exchange if it happens accidentally, but many people who exchange the money to the bank say the money was accidentally tampered with, even though the money was deliberately tampered with (in the steples, cut, glued, to the hole). This action is included in the criminal act that has sanctions in accordance with Article 35 Paragraph 1 No. 7 of 2011 on Currency. It should be implemented countermeasures by making special rules in the law so that the public is not arbitrary in committing criminal acts.Keywords : restriction of action-currency abuse-Mahar
PEMBATASAN PERIODESASI ANGGOTA LEMBAGA LEGISLATIF DALAM PERSPEKTIF NEGARA HUKUM MODERN
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

Indonesia is a rule of law, in the understanding of a rule of law, there are characteristics of restrictions on power, Law Number 17 of 2014 concerning MD3 and in Law Number 8 of 2012 concerning General Election of Legislative Members, there is no regulation regarding the limitation of the term of office of members of the DPR and DPD which is also automatic for MPR membership. The limitation on the periodicity of members of the legislative body is very necessary given the many problems that occur within the power of the legislative body, including high levels of corruption coupled with a low level of trust and satisfaction from the community, making this institution need new people who are innovative, have integrity and understand. meaning of representation. The urgency of limiting the periodization of members of the legislative body in Indonesia to create democratic politics, to improve people's welfare, and to ensure that one's power is not absolute.This type of research is normative legal research, namely using literature study to search the data. This research is descriptive in nature which tries to provide data as thorough and as detailed as the existing problems. In writing this study using qualitative data analysis which means explaining and concluding about the urgency of limiting the periodicity of members of the legislative body and the ideal concept of limiting the periodicity of members of the legislature in Indonesia that have been collected by the author. This research uses secondary data or codified scientific data.The results of this study explain that there is no regulation regarding the limitation of periodicity of members of the legislative body in Indonesia, the limitation of periodization aims to create democratic politics, namely to ensure that leadership rotation runs well, limitation of the periodicity of members of the legislative body aims to improve the welfare of the people by always providing wide opportunities. to become a member of the legislature, as well as limiting the periodicity of members of the legislative body aims to guarantee a person's power so that it is not absolute according to the principles of a modern rule of law. the ideal concept of limiting the term of office of members of the legislative body in Indonesia. First, the restrictions are carried out in the same way as the President's term, namely for two terms. Second, the restriction is carried out in the same way as the term of office of the Senate of the Philippines, namely for two terms with each term for six years. Third, the limitation is carried out for three periods with each period of 5 years.Keywords: Restrictions- Periodization- Legislative
TINJAUAN TENTANG PEMENUHAN HAK DEBITUR DALAM PERJANJIAN JAMINAN FIDUSIA OLEH PT. PEGADAIAN (PERSERO) CABANG PASAR KODIM PEKANBARU
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

Fiduciary Guarantee is a security right on movable objects, both tangible and in�tangible and immovable objects, especially buildings that cannot be encumbered with Mort�gage Rights as referred to in Law Number 4 of 1996 concerning Mortgage Rights which re�main in the control of the fiduciary giver, as collateral. for the repayment of debt in the mi�cro business credit agreement by the debtor.The main problem in this study is how to fulfill the debtor's rights in the fiduciary guarantee agreement by PT. Pegadaian (Persero) Pekanbaru Kodim Market Branch and what are the legal consequences of not fulfilling the debtor's rights in the fiduciary guaran�tee agreement by PT. Pegadaian (Persero) Pekanbaru Kodim Market Branch.The research method used is Sociological Legal Research, namely interviews and questionnaires as a data collection tool. In this study, the authors conducted direct research at the research site to obtain materials, data and information related to this research. The nature of the research, this research is descriptive, which provides a clear and detailed de�scription of an event that occurred.Based on the results of the study, it is known that, the fulfillment of the debtor's rights in the fiduciary guarantee agreement is the right to control the object that is used as the object of collateral, because the object of the guarantee is a supporter of the business continuity of the fiduciary provider (Article 1 paragraph (1) UUJF). If the object of the guarantee is executed, the fiduciary giver has the right to receive the remainder of the pro�ceeds from the sale of the object that is the object of the fiduciary guarantee after deducting the payment for the settlement of his debts (Article 34 paragraph (1) UUJF). On the other hand, the fiduciary giver is obliged to maintain and maintain the safety of the object that is the object of the fiduciary guarantee. Mandatory to provide a report on the condition of the object that is the object of the guarantee. If the object that is the object of the guarantee is executed, then the fiduciary giver is obliged to surrender the object (Article 30 UUJF). And they are obliged to pay their debts until they are paid off, especially from the proceeds from the sale of the fiduciary collateral, if the fiduciary provider defaults (Article 34 paragraph (2) UUJF). And the obstacles to fulfilling the debtor's rights in the fiduciary guarantee agreement by PT. Pegadaian (Persero) Pasar Kodim Pekanbaru Branch, namely the case that occurred was one of the civil cases that did not make a deed of imposition of fiduciary guarantees and the obligation to register fiduciary guarantees and were not in accordance with the procedural mechanisms that had been determined by the provisions of the legisla�tion. Fiduciary guarantees that are not registered with a fiduciary institution will be con�strained in terms of executing the object of the guarantee, because they do not have a strong legal standing, namely in this case they do not have a fiduciary deed or certificate.
PENYELESAIAN TINDAK PIDANA PENGANIAYAAN MELALUI MEDIASI PENAL BERDASARKAN HUKUM ADAT MELAYU DI DESA KUNTU KECAMATAN KAMPAR KIRI KABUPATEN KAMPAR
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Penal mediation is known in the criminal justice system in Indonesia due to the thought associated with the ideas of reforming criminal law (penal reform), and is associated with the problem of pragmatism or legal rigidity in answering the problems that exist in society. The background of pragmatism is to reduce the stagnation or accumulation of cases. The reasoning mediation is the restorative justice process in criminal law which is carried out by mediating between the perpetrator and the victim with a purpose. In the perspective of legal sociology and culture-oriented, people in Indonesia in general, especially in Gorontalo District have a conflict resolution mechanism based on customs which always puts forward problem solving together with the aim to improve or harmonize with the way of the conference that is to bring the perpetrators and victims together. family of both parties and community leaders.This type of research can be classified in the type of sociological legal research (empirical), because in this study the author immediately conducts research on the location or place under study in order to provide a complete and clear picture of the problem under study. This research was carried out in the Riau Regional Police jurisdiction, while the population and samples were the Riau Regional Police, Investigators of the Riau Regional Police and Actors of Narcotics. The data sources used are primary data, and secondary data. Data collection techniques in this study were interviews, questionnaires, and literature review.The conclusions that can be obtained from the results of the study are: First, an active representative from Babinkamtibmas is needed to create safe conditions and provide understanding to the public about the needs of safe conditions. Secondly, in order that legislators must also look at the laws that live within the community so that they do not overlap at the level of implementation Third, important factors and constraints namely that legislators must also socialize programs and laws for the community.Keywords: Penal Mediation, Melayu Customary Law, Criminal Acts of Abuse.

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