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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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KEBIJAKAN PENAL PEMBEBASAN NARAPIDANA BERDASARKAN PERATURAN MENTERI HUKUM DAN HAM NOMOR 10 TAHUN 2020 TENTANG SYARAT PEMBERIAN ASIMILASI DAN HAK INTEGRASI BAGI NARAPIDANA DAN ANAK DALAM RANGKA PENCEGAHAN DAN PENANGGULANGAN PENYEBARAN COVID-19 DI INDONESIA
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

Corona Virus Disease 2019 or covid-19 is a contagious disease caused by the acute respiratory syndrome coronavirus. The spread of Covid-19 is taking place very quickly and one of the countries exposed to Covid-19 is Indonesia. One of the things that the government has done in preventing the spread of Covid-19 is releasing prisoners to prevent overcapacity. In writing this thesis, the author discusses the inmates who return to commit criminal acts after receiving assimilation. As for the purpose of writing this thesis, namely: First, to find out the penal policy for the release of prisoners based on the Minister of Law and Human Rights regulation number 10 of 2020. Second, to find out the policies of the Minister of Law and Human Rights Regulation No.10 of 2020 associated with the Correctional Objectives in Law Number 12 of 1995 concerning Corrections.This type of research is normative juridical research, namely research conducted by examining secondary legal materials or research based on standard rules that have been recorded and discussing synchronizing the law. Data sources used in this study are primary data, secondary data and tertiary data.From the results of this study it can be concluded that release of prisoners to prevent overcapacity in prisons and prevent transmission of covid-19, there are still some weaknesses so that it is not yet maximized in its implications. First, by emphasizing that there should be a re-harmonization or revision of the regulation of the Minister of Law and Human Rights number 10 of 2020 which still has some shortcomings or gaps in its application. So with that case can produce a good legal product. Second, that assimilated prisoners who return to commit criminal acts are not in accordance with the objectives of the correctional in Law number 12 of 1995. Requirements for prisoners to be released must be tightened so that no more prisoners return to commit criminal acts.Keywords : Convict - Assimilation – Correctional - Criminal Law Policy
PERTANGGUNGJAWABAN PIDANA DALAM KELALAIAN PEMBORONG YANG MENGAKIBATKAN BANGUNAN RUNTUH
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 progress of a country is largely determined by its ability and success in implementing development. Development as a planned change process covers all aspects of community life. The effectiveness and success of development is mainly determined by two factors, namely human resources, namely (the people involved from planning to implementation) and financing. All behavior of a person in society must be based on the applicable law. As we know, law is a human work in the form of norms containing behavioral guidelines. It is a reflection of the human will about how society should be nurtured and where it should be directed. Regarding the matter of construction, it cannot be separated from the contractor or contractor, where the condition of national construction services sometimes does not reflect expectations in realizing a quality building capable of functioning as planned.This type of research can be classified in the type of Normative legal research, which reveals legislation relating to legal theories that are the object of research. The approach taken uses a qualitative analysis approach by looking for data both in books, journals and other scientific works related to this research. The data sources used are primary and secondary legal materials.The conclusions that can be obtained from the results of the research are First, Criminal Liability for the negligence of the contractor which resulted in the project building collapsing in the construction process, there are two things that allow the corporation to act as a criminal (pleger), namely: First, in a general non-criminal liability crime. In this connection, the material actors are the head of the corporation / contractor / contractor, namely those who have a position to determine policies in the corporation. Second, Criminal Liability to parties related to the collapsed project building in the process of construction, it can be seen that the actions taken by one of the perpetrators contributed to the occurrence of a criminal act which created responsibility for the other perpetrator.Keywords: Criminal Liability, Contractors, Corporations, Buildings.
PERJANJIAN ANTARA PENGEMUDI GO-JEKDENGAN PEMILIK PROVIDERGO-JEK (STUDI TERHADAP HAK DAN KEWAJIBAN PARA PIHAK DALAM PERJANJIAN)
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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This study discusses the Agreement Between GO-JEK Drivers and GOJEKProvider Owners (Study of the Rights and Obligations of the Parties in theAgreement) ". A covenant is an act by which one or more people committhemselves to one or more other people. Based on Article 1338 of the CivilCode which reads: "All treaties made legally apply as a law for those whomake them". The agreements cannot be withdrawn other than by the agreementof the two parties, or for reasons stated by law to be sufficient for that. Thepurpose of this thesis is; First, to find out the fulfillment of GO-JEK driver'srights and obligations with the owner of the GO-JEK provider in a partnershipagreement based on justice; Second, to find out efforts to resolve disputes onthe rights and obligations of the go-jek driver with the go-jek provider in apartnership agreement based on justice. The type of legal research used by thewriter is normative legal research or library research.The type of legal research used by the writer is normative legalresearch or library research. Normative legal research uses primary data andsecondary data. Data collection techniques in this research is the study ofliterature that is the author takes quotes from reading books, literature, orsupporting books that have a relation with the problem to be studied.From the results of this study the author concluded that the legalprotection of the rights and obligations of GO-JEK drivers with GO-JEKprovider owners based on partnership agreements has not been fullyimplemented properly. The contents of the partnership agreement areunilaterally determined by the obligations of the GO-JEK driver. GO-JEKDrivers do not have the right to give consideration to the partnershipagreement so that it is not beneficial to the parties, especially GO-JEKDrivers, not. So that the rights and obligations in the GO-JEK partnershipagreement have not been fulfilled. Settlement of GO-JEK driver's rights andobligations disputes with the owner of the GO-JEK provider in the firstpartnership agreement through consultation and the second through court.Settlement of disputes through deliberation in practice has not gotten maximumresults so that the parties to the dispute have not got the rights and obligationsproportionally.Keywords: GO-JEK Driver-Agreement-GO Provider GO-JEK
PERAN DINAS PENDIDIKAN DAN KEBUDAYAAN DALAM PEMENUHAN FASILITAS SEKOLAH DASAR DI KABUPATEN KEPULAUAN MERANTI
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

The role of the education and culture service in the Meranti Archipelago Regency in the field of basic education is based on the laws and regulations relating to basic education and local regulations. Meranti District No 32 of 2016 meranti district, work programs and activities that will be carried out along with the targets and performance indicators of education services. For programs and activities in the field of basic education that have been carried out such as rehabilitation of schools, socialization of nine year compulsory education, and factors the obstacles that affect the implementation of the educational and cultural service duties of the Meranti Islands Regency in the field of basic education are human resources, targets and infrastructure, budget (finance), and community awareness factors. From the results of the research problem there are two main things that can be concluded. First, the role of the education and culture service in fulfilling elementary school facilities in the Meranti archipelago district. Second, inhibiting factors that influence the role of the education and culture service in fulfilling elementary school facilities in the Meranti archipelago district.This type of research is classified as sociological research, because in this study the authors directly conducted research at the location or place to provide a complete and clear picture of the problem under study. This research was conducted at the Office of Education and Culture, SD Negeri 3 Batang Malas, SD Negeri 3 Sialang Pasung, SD Negeri 6 Bungur, while the population and sample were all parties related to the problems examined in this study, the data sources used, Primary data, secondary data, and tertiary data, data collection techniques in this study were conducted by interview, and literature study.This study aims to determine how the role of the education and culture service in fulfilling primary school facilities in the Meranti archipelago district, to determine the inhibiting factors that influence the role of the education and culture service in fulfilling primary school facilities in the Meranti archipelago district.Keywords: The Role of the Department of Education and Culture, Kepulauan Meranti Regen
ANALISIS YURIDIS TERHADAP PUTUSAN HAKIM DALAM PERKARA NO.1144/PID.B/2017/PN.MKS PADA PELAKU TINDAK PIDANA PENGANIAYAAN YANG MEYEBABKAN KEMATIAN DALAM PELAKSANAAN ORIENTASI MAHASISWA BARU
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 Study Orientation Period Campus Introduction is one of the things that sounds horror among new students, it cannot be denied that its existence is not only found at the tertiary level, but at various levels of elementary schools such as junior high and high school. For example, in the case decision No.1144 / Pid.B / 2017 / PN.Mks, in that case the defendant was sentenced to only probation while the victim has died. Based on the rules issued by the Regulation of the Minister of Education and Culture (Permendikbud) Number 18 of 2016 concerning the Introduction of the School Environment for New Students listed in Article 5 paragraph (1) Sub (b) which states that it is prohibited to involve senior students (seniors) and / or alumni as organizers and sub (e) who state that the introduction of a school environment is prohibited from hazing or other acts of violence. But in reality there are still many cases of hazing committed by seniors to their juniors.The purpose of writing this thesis, namely; first, knowing the judge's decision and the judge's consideration in case No.1144 / Pid.B / 2017 / PN.Mks on the perpetrator of a criminal offense of torture that caused death in the implementation of new student orientation. This research method can be classified in the type of normative legal research or literature study, because the researcher conducts research on the legal synchronization level.From the results of the research conducted, it can be concluded that in the verdict, the judge has imposed a criminal offense against the perpetrator, taking into account several considerations, but only probation was imposed. Of course this is felt to be unfair because one of the purposes of punishment is to make people deterred from committing crimes and in making considerations, judges must pay attention to the values of justice for victims and perpetrators, because from these considerations will result in a decision that will be carried out. by the perpetrator in accordance with applicable legal provisions.Keywords: Judge's Decision-Crime - Persecution Leads to Death
OPTIMALISASI KEGIATAN PENYELIDIKAN UNIT 3 SUBDIT II GUNA MENINGKATKAN PENGUNGKAPAN PERKARA TINDAK PIDANA NARKOTIKA DI DIREKTORAT RESERSE NARKOBA POLISI DAERAH RIAU
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

Law of the Republic of Indonesia Number 2 of 2002 concerning the Police which regulates a law enforcement officer has the duty to maintain security and order, enforce the law, provide protection and public services. But the fact is, the professionalism of a law enforcement apparatus such as Investigator unit 3 subdit II, which is still lacking in operational capability of a law enforcement process that does not meet professional standards that can affect the ability to investigate narcotics crime. The purpose of this thesis, namely: First, to what extent is the ability of the investigation activities of unit 3 subdit II in revealing narcotics criminal cases in the Riau Police Directorate of Drug Investigation, Second, What are the factors that hinder the investigation of Narcotics Investigation in order to emphasize drug trafficking, Third, How efforts to optimize the investigation activities of unit 3 subdit II in improving the narcotics crime case handling at the Riau Regional Police Drug Investigation Directorate.This type of research can be classified in the type of sociological juridical research, because in this study the author directly conducts research at a location or a careful place in order to provide a complete and clear picture of the problem under study. This research was conducted at the Riau Police Narcotics Investigation Directorate, while the population and sample were all parties related to the problems examined in this study, data sources used, primary data, secondary data and tertiary data, data collection techniques in this study were observations, interview and literature study.From the results of the research problem there are three main things that can be concluded. First, the current capability of investigating the disclosure of narcotics crime cases is still inadequate. Such as, the method of investigation that has not been implemented, the inadequacy of facilities and infrastructure and the optimal condition of human resources. Second, the inhibiting factor in emphasizing drug trafficking that affects the performance of personnel is caused by several factors namely internal and external factors. Third, the efforts made to optimize the investigation of narcotic criminal disclosure activities, the need for resources to be repaired, facilities and infrastructure to be repaired, and systems and methods that should also be improved. The author's advice, First, to the Head of the Bureau of human resources in filling the amount of human resources must pay attention to the area and geographical location of the region, because the characteristics between the islands and the mainland are different. Second, increasing the budget, facilities and infrastructure of the distribution of drugs can be overcome. Third, the need for supervision of the implementation of drug criminal investigations, because drug crimes are vulnerable to issues that bring down investigators and the ability of drug dealers to conduct bribery.Keywords: Ability - Investigation - Narcotics Crime
Kewenangan Penetapan Pembatasan Sosial Berskala Besar Oleh Pemerintah Pusat Dalam Perspektif Undang-Undang Nomor 9 Tahun 2015 Tentang Perubahan Kedua Atas Undang-Undang Nomor 23 Tahun 2014 Tentang Pemerintahan Daerah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

Regarding health issues, it is included in the concurrent government function related to basic services as referred to in Law Number 23 of 2014 concerning Regional Government. Not included in the affairs of absolute government. So the initial policy carried out by the Regional Government was a form of implementation of regional autonomy in the rhetoric of Law Number 23 of 2014 concerning Regional Government, because regional autonomy in the sense is the rights, powers and obligations of autonomous regions to regulate and manage government af-fairs and the interests of the local community. in accordance with the Prevailing Laws.This type of research is normative legal research, where this research focuses on legal principles that exist in legislation. The data source used is secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The data collection tech-nique in this research is the literature review method, after the data is collected then it is ana-lyzed to draw conclusions.From the research results, it is concluded that, First, health problems are a mandatory government affair, but if in normal conditions, the Covid-19 issue is an emergency situation, in this case it is more centralized and constructed by the Central Government. So that the responsi-bility lies with the Central Government, because the Government has determined that Covid-19 is a national disaster.So that the determination of the PSBB is the authority of the Central Govern-ment. Second, mandatory government affairs related to basic services consist of six functions, one of which regulates health problems. Covid-19 is a pandemic so that it is declared an ex-traordinary public health incident, causing health hazards across regions or countries.Keywords :Regional Autonomy - PSBB - Unitary State
PELAKSANAAN CORPORATE SOCIAL RESPONSIBILITY (CSR) OLEH PT. KARIMUN GRANITE DI DESA PASIR PANJANG KABUPATEN KARIMUN BERDASARKAN UNDANG-UNDANG NOMOR 40 TAHUN 2007 TENTANG PERSEROAN TERBATAS
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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This research is entitled Implementation of Corporate Social Responsibility (CSR) by PT. Karimun Granite in Pasir Panjang Village, Karimun Regency Based on Law Number 40 of 2007 concerning Limited Liability Companies. The purpose of this study was to determine the implementation of Corporate Social Responsibility by PT Karimun Granite Pasir Panjang Village, Karimun Regency and also to determine the efforts that must be made by PT. Karimun Granite in the implementation of Corporate Social Responsibility can improve the socio-economic community.This type of research is empirical juridical research or sociological legal research, namely a research approach that emphasizes the legal aspects regarding the subject matter to be discussed, associated with the reality in the field. This research was conducted in Pasir Panjang Village, namely PT. karimun Granite, while the sample population is all parties related to the problem under study. Sources of data used are primary data and secondary data, data collection techniques in this study are questionnaires, interviews and literature review.In the results of research problems there are two main things that can be concluded. First, the Implementation of Corporate Social Responsibility in PT. Karimun Granite has not been implemented optimally as regulated in Law Number 40 of 2007 concerning Limited Liability Companies and Karimun Regency Government Regulation Number 8 of 2016 concerning Corporate Social Responsibility. The second effort that can be done by PT. Karimun Granite in the Implementation of Corporate Social Responsibility Can Improve the Socio-Economic of the Community, namely bridging community efforts and training for the community, implementing scholarship programs, and establishing health clinics.Keywords: Implementation – Corporate - Social – Responsibility - Karimun
PELAKSANAAN PENANGGUHAN PENAHANAN TANPA JAMINAN UANG ATAU ORANG DI KEPOLISIAN RESOR KARIMUN
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Suspension of detention is an act by removing a suspect or defendant from detention before the time limit for his detention ends. In the suspension of detention, the time limit or period of detention is still valid and justified according to the law, but the implementation is suspended or stopped after the suspension requirements are met by the suspect or defendant and or other people who act to guarantee the suspension of detention.The purpose of this study, is to determine the implementation of the suspension of detention without a guarantee of money or people in the Karimun Resort Police, and to find out the basic considerations of the Karimun Resort Police in providing suspension of detention without guarantee of money or people against the suspect. Whereas in the Criminal Procedure Article 1 point 21. The matter that is considered necessary to detain a suspect has been regulated in Article 21 paragraph 1 of the Criminal Procedure Code.This type of research is a sociological legal research, because in this study the authors directly conduct 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 carried out in the Karimun District Police Legal Area, while the population and sample were all parties related to the problems examined in this study.The suspension of detention is accompanied by a guarantee that it can be accounted for in an effort to minimize prisoners fleeing. The procedure for implementing the guarantee is regulated in Article 35 and Article 36 of Government Regulation No. 27 of 1983 concerning the Implementation of the Criminal Procedure Code, namely a guarantee of suspension in the form of money and a guarantee of suspension in the form of persons. Based on the Minister of Justice's Decree Number 14-PW.07.03 / 1983 regarding Additional Guidelines for the Implementation of the Criminal Procedure Code states that in the event that there is a request to suspend the detention granted, an agreement is held between the competent official in accordance with the level of examination with the suspect or advisor the law along with the conditions.To the police in the implementation of the suspension of detention at the level of investigation carried out by investigators need to be done optimally by setting guarantees so as not to neglect the conditions imposed and in conducting investigations can improve better coordination of all parties involved.Keywords: Suspension, Detention, Money Guarantee or People
MEKANISME VERIFIKASI SUARA PENDUKUNG CALON KEPALA DAERAH PERSEORANGAN DALAM UNDANG-UNDANG NOMOR 10 TAHUN 2016 TENTANG PEMILIHAN KEPALA DAERAH M. Saada Hilman; Dessy Artina; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Indonesia is a constitutional state as stated in Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. The concept of a rule of law cannot be separated from the concept called democracy. One of the parameters for the development of democracy and people's sovereignty in Indonesia is reflected in the General Election. It is stated in Article 28D paragraph (3) of the 1945 Constitution which states that, "every citizen has the right to get equal opportunities in government". In its development, participants in the regional head election are not only followed by candidates from political parties or coalitions of political parties, but also from independent or individual candidates. Through the Decision of the Constitutional Court Number 5 / PUU-V / 2007, the Constitutional Court decided it was open to individual or independent candidates. In addition, the implementation also adopts the concept of administrative verification and factual verification. As for the purposes of writing this thesis, namely: First, to determine the relevance of the factual verification process carried out within 14 (fourteen) days, Second, to find out the verification mechanism in accordance with the number of requirements and the census method.This type of research is normative juridical research, which is research that is carried out by examining secondary legal materials or research based on standardized rules that have been recorded and discussing legal principles and legal synchronization. Sources of data used in this study are primary data, secondary data and tertiary data.From the results of this study, it can be concluded that the 14 (fourteen) days period is very irrelevant because the number of supporting requirements that have been verified is very large, the minimum number of PPS officers assigned, limited implementation time, areas that are difficult to access and supporters that cannot be found. The verification mechanism in accordance with this is as stipulated in law but with efficient terms and time in its implementation.Keywords: Verification - Regional Head Election - Individual Candidates

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