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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 SATUAN TUGAS LALU LINTAS (SATLANTAS) KEPOLISIAN DALAM MENANGANI TINDAK PIDANA PELANGGARAN LALU LINTAS OLEH MASSA AKSI UNJUK RASA DI KOTA PEKANBARU PANUSUNAN SIREGAR; Davit Rahmadan; Elmayanti Elmayanti
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

One of the rights of Indonesian citizens is to express opinions in public aswritten in Article 28 E Paragraph 3 of the 1945 Constitution of the Republic ofIndonesia. The purpose of writing this thesis, namely: First, to determine the lawenforcement of the Traffic Police in handling traffic violations by mass demonstrations in Pekanbaru City. Second, to find out the inhibiting factors for the Traffic Police of the Police in handling traffic violations by mass demonstrations in Pekanbaru City. Third, to find out the efforts of the Traffic Police of the Police to enforce the law against criminal acts of traffic violations byprotesters in Pekanbaru City.This research is sociological. Data sources are primary data andsecondary data consisting of primary legal materials, secondary legal materialsand tertiary legal materials. Data collection techniques in this study wereinterviews, questionnaires and literature study and data analysis using qualitativeanalysis with deductive methods.From the research results, there are three main conclusions. First, the lawenforcement of the Traffic Police of the Police in dealing with criminal acts oftraffic violations by mass demonstrations in Pekanbaru City clearly regulates therules of law regarding traffic violations committed by demonstration masses. Inthe implementation, there was still no evidence of any action. Second, theinhibiting factor for the enforcement of the Police Traffic Police in dealing withcriminal acts of traffic violations by mass demonstrations in Pekanbaru City isthat the quantity of the Police is not balanced with the mass of demonstrations,prioritizes consideration, lack of awareness, regulations have not provided legalcertainty. Third, the efforts of the Police Traffic Police in enforcing the lawagainst traffic violations by mass demonstrations in Pekanbaru City need to payattention to the applicable legal rules. Author's suggestion, First, enforcement ofthe traffic police in dealing with criminal acts of traffic violations by massdemonstrations in the city of Pekanbaru is enforcement of traffic violations is anattitude in upholding the law. Second, the inhibiting factors for law enforcementof the Traffic Police of the Police in dealing with criminal acts of traffic violationsby mass demonstrations in Pekanbaru City need to know the inhibiting factors oflaw enforcement. Third, the efforts of the Traffic Police Unit in enforcing the lawagainst traffic violations by mass demonstrations in Pekanbaru City are toimprove the education of the traffic community, an alternative effort. it isnecessary to increase the quality and quantity of police personnel and strengthenlegal certainty in writing and unwritten / application.Keywords: Mass Action - Offense – Traffic
IMPLEMENTASI PENYALURAN DANA BANTUAN SOSIAL DAN HIBAH DI KABUPATEN SIAK BERDASARKAN PERATURAN GUBERNUR RIAU NOMOR35TAHUN2017TENTANGPEDOMANBELANJAHIBAHDAN BELANJA BANTUAN SOSIAL YANG BERSUMBER DARI ANGGARAN PENDAPATAN BELANJA DAERAH Hurul Aini; Mexsasai Indra; Zulfikar Jayakusuma
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

As a developing country, Indonesia is a country that has the fourth largest population in the world. With this large population, Indonesia must be more careful in the distribution of grants and social assistance so that there are no errors in the distributionin accordance with Riau Governor Regulation Number 35 of 2017 concerning Guidelines for Grants and Social Assistance Expenditures Sourced from Regional Revenue and Expenditure Budgets.This type of research can be classified as sociological juridical, namely a research approach related to the legal aspects of the subject matter to be discussed, with the reality on the ground. This research was conducted at the Social Service of Siak Regency, while the sample population was all parties related to the problem under study. Sources of data used are primary data and secondary data, data collection techniques in this study is by observation, questionnaires, interviews and literature review.In the results of the research problem there are three main things that can be concluded. First, the implementation of the distribution of grant funds in Siak Regency is classified as safe. The second implementation of the distribution of grant funds in Siak Regency is in accordance with Riau Governor Regulation No. 35 of 2017. The three administrative law enforcement efforts are to focus on recovering state or regional losses, in the case of determining the payment of replacement money in the form of money.Keywords : Implementation – Distribution – Bequest – Social Assistance
TINJAUAN YURIDIS PUTUSAN MAHKAMAH AGUNG NOMOR 574K/Pid.Sus/2018 TENTANG MENTRANSMISIKAN DOKUMEN ELEKTRONIK DENGAN MUATAN ASUSILA Karnofi Andrian; Mexsasai Indra; Erdiansyah Erdiansyah
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

The Information and Electronic Law regulates various types of criminal acts carried out in a modern way, namely the use of electronic media as a means to commit criminal acts, one of which is the distribution of content that is immoral or pornographic. In the case of Baiq Nuril with the principal of SMAN 7 Mataram, in this case the victim was reported for allegedly distributing immoral or pornographic content. From the research problem there are two problem formulations, first, how is the principle of justice in the decision No. 574k / pid.sus / 2018 about transmitting electronic documents with immoral content? second, How is the Legal Analysis Article 27 paragraph (1) of Law No. 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning Information on Electronic Transactions?This type of research is classified in normative legal research conducted by examining mere literature or secondary data. The data used are primary, secondary and tertiary legal materials.From the research, there are two things that can be concluded. First, the Judge's decision to the victim should reflect the value of justice. The judge did not pay attention to the reason why the defendant recorded evidence of the conversation. Second, the violation in Article 27 paragraph (1) of the Act on Transaction and Electronic Information cannot be separated and must refer to the provisions of Article of decency in the Criminal Code, in connection with that, the element in public must be a very important element, because the Electronic Transaction Information Act in no way provides sufficient understanding and understanding in relation to Article 27 paragraph (1).Keywords: Supreme Court Decision - Violation of Decency
TINJAUAN PERLINDUNGAN HUKUM TERHADAP PELANGGARAN HAK MORAL DALAM PEMUTARAN FILM DI BIOSKOP SEBAGAI KARYA CIPTA SINEMATOGRAFI OLEH PENGGUNA APLIKASI SOSIAL MEDIA INSTAGRAM (INSTASTORY)
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

Cinematographic are included in the protected copyright regulated in Undang-Undang Nomor 28 Tahun 2014. The definition of cinematographic in Undang-Undang Nomor 28 Tahun 2014 is creations with works that move both in the form of documentaries, advertisements, reportages or story films or a cartoon made with a screenplay. In recent years, the rise of film lovers who are also social media addicts often take pictures and record parts of films that are being screened in theaters and uploaded on social media accounts. When a part of the film is illegally recorded, moreover distributed, it is already in the category of piracy, and can be sued by the copyright holder if the copyright holder feels objections or feels disadvantaged over the act. The recording and dissemination occurred because of the very low public awareness about Copyright.The recording and dissemination action can give a "spoiler" which decreases the interest of the public to watch the film because they already know a part of the story of a film work so that it has an impact and has the potential to benefit the Creator and / or Copyright Holder from the film. The act of recording and distributing film footage in the instastory is also seen to violate the moral rights possessed by an Author and / or Copyright holder in the form of intentionally taking film footage distributed in the instastory without including the name of the Author who is obliged to pocket the permission of the owner if he wants to be distributed. The loss of economic rights and moral rights experienced by the creator and / or holder of this copyright can be the basis for a lawsuit for compensation to the perpetrators of acts of copyright infringement on films in theaters through social media.Keywords: Undang-Undang Nomor 28 Tahun 2014, cinematographic or films, distribution of films without permission, social media
Politik Hukum Dalam Mewujudkan Netralitas Aparatur Sipil Negara Ber-dasarkan Undang-Undang Nomor 5 Tahun 2014 Tentang Aparatur Sipil Negara Dalam Pemilihan Umum
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

In implementing ASN policy and management based on the principle of one of them is the princi-ple of neutrality, in which neutrality is not taking sides with anyone and taking sides with anyone. In its implementation, there are many problems with ASN neutrality, which are caused by the in-tervention of political parties and political officials, and also there are weaknesses in regulations and also the absence of special rules governing the neutrality of ASN..This type of research can be classified as a type of normative research. In this study, the focus is to examine the level of synchronization of law and legal systematics. Source of data used secondary data consisting of primary legal materials, secondary legal materials, and tertiary le-gal materials, data collection techniques in this study with the literature review method, after the data collected and then analyzed to draw conclusions.In the politics of ASN regulation law, there are many weaknesses, including ASNs having the right to vote, weaknesses in the ASN neutrality monitoring agency, the interference of politi-cal officials with bureaucratic officials, and the ASN Law does not contain indicators of ASN vio-lations. Second, it should be necessary to re-examine the elimination of ASN's voting rights and elections and regional elections, strengthen the authority of KASN in oversight and recommend violations of ASN neutrality to the President and Civil Service Officers, and the rules regarding the neutrality of ASN should be contained in a special regulation that only regulates the neutrali-ty of ASN.Keywords : Politics of Law – Neutrality- State Civil Apparatus
ANALISIS YURIDIS TERHADAP PUTUSAN NOMOR.553/PID.B/2019/PN.Pbr TERHADAP TINDAK PIDANA PEMERASAN Vitta Adelina Hutasoit; Evi Deliana; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Judge's decision is a judge's statement uttered in an open court session, which can be in the form of conviction or acquittal or exemption from all legal claims in matters and according to methods regulated in the Criminal Procedure Law In criminal procedural law, the objectives are set forth in the guidelines for the implementation of the Criminal Procedure Code issued by the Minister of Justice, namely: "The purpose of criminal procedural law is to seek and obtain or at least approach the material truth, which is the complete truth of the case. a criminal case by applying the provisions of criminal procedure law honestly and appropriately by finding out who the perpetrator can be accused of committing a violation of the law, and then requesting an examination and a court decision from the court to find out whether it is proven that a criminal act has been committed and whether the person accused is can be blamed. " Judges' court decisions play an important role in upholding legal certainty and justice. Decisions in court are given by judges examining cases in the provisions of Article 5 paragraph (1) of Law Number 48 of 2009 concerning Judicial Power, indicating that "judges as law enforcers are obliged to explore, follow and understand the values of law and the sense of justice that lives in Public."Supposedly, it is the judge's duty to make those values real, especially the value of justice. So, the judge's decision should reflect the reflection of the judge's struggle with legal values and the social, cultural and economic environment. In practice, the way of thinking of judges in deciding cases is still positivistic, not daring to look for other grounds that provide a more sense of justice. In Decision Number 533 / Pid.B / 2019 / PN.Pbr. judges who are supposed to uphold justice, seriously do not consider cases of extortion based on elements of criminal acts as stated in Article 368 of the Criminal Code handled by judges. So that certainty, legal values and a sense of justice are not achieved as is the goal of criminal procedural law.This research will be compiled using the juridical normative type of research, which is research focused on examining the application of legal principles or norms to legal principles. The data collection technique used in this research is literature study. The approach used in this research is to use a normative approach, namely literature law research.The results of the research conducted by the author are first, to find out the basis for the judge's consideration in giving a decision in case Number 533 / Pid.B / 2019 / PN.Pbr against the crime of extortion, secondly the accuracy of the judge in making a decision against the perpetrator of the criminal act of extortion on the verdict case Number 533 / Pid.B / 2019 / PN.Pbr.Keywords: Judge's Decision – Extortion - Justice
ANALISIS YURIDIS PENGATURAN TENTANG PERKAWINAN TANPA IZIN ISTERI PERTAMA MENURUT PASAL 279 KUHP BERDASARKAN PUTUSAN MAHKAMAH AGUNG NOMOR: 75 K/PID/ 2016 & 168 K/MIL/2016 Dandy Gilang Mandala Putra Azwan; Erdianto Erdianto; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

Unregistered marriage (Siri Marriage) is essentially part of the religion of Islam and the practice is allowed in the Islamic religion. The culture of Siri marriage is adopted from the Arabs. Not only in the East, this practice is also extended to Indonesia. The thing is because the majority of Indonesian people are Muslims. The practice of unregistered marriage has been around for a long time and is still present sometimes. Marriage (registered one) which is a symbol of purity and commitment in a household can be an impact of this practice of unregistered marriage. Because marriage sometimes can be littered with infidelity, often unregistered marriage becomes a way out for polygamists. This led to polygamy perpetrators being ensnared by the existence of criminal lawregarding criminal acts regulated in Article 279 of the Criminal Code (hereinafter referred to as the Criminal Code) with the threat of imprisonment of 5 years. In other words, a person is punishable by a five-year prison sentence for a second marriage without permission from his first wife or husband who is still legally bound to the marriage and is still alive. However, the application of this Article is still considered lacking in law enforcement due to the application of juriprudence in Indonesia is not an obligation for judges that give them the liberty to interpret the Article according to their beliefs. This type of research can be classified into the type of Normative legal research which reveals legislation relating to legal theories that are the object of research. The approach taken is qualitative analysis by looking at data both in books, journals, and other scientific works related to this research. The data sources used for this exercise are primary and secondary legal materials.Keywords: Siri Marriage, Criminal Acts, Marriage, Article 279 of the Criminal Code.
Analisis Yuridis Terhadap Putusan Nomor: 1132/Pid.Sus/2016/Pn.Pbr Pekanbaru Pada Pelaku Tindak Pidana Penyelundupan Kosmetik Ilegal Ita Maya Sari; Mexsasai Indra; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The crime of smuggling illegal cosmetics continues to increase, behavior that circulates illegal cosmetics goods that have been entrenched and institutionalized. The most vulnerable factors to illegal cosmetics smuggling are the supervisors who are less comparative in supervising each spot that is highlighted by smugglers and the lack of supervision by the BPOM in examining every cosmetics that are taught. The target of the perpetrators is to circulate aimed at the shop in order to get profit. Consumers must be wiser in choosing cosmetic products by paying attention to the Registration number of BPOM. The smuggling of illegal cosmetics has caused concern to the public, the perpetrators of the police spotlight only claim to get the illegal cosmetics from other people and they are entrusted. The case that came to the court was certainly a serious problem, a case that occurred in 2016 in the Pekanbaru District Court on behalf of Adi Putra Alias Awi. The judge sentenced him with light sentences with a large amount of evidence and the absence of fines. With regard to light sentences, it will certainly be difficult to make the illegal cosmetics smugglers deterrent, given the lack of supervision of illegal cosmetics smuggling that is increasingly widespread will cause harm to the Indonesian state. The purpose of writing this thesis, namely: first to find out the judge's consideration in the illegal cosmetics smuggling case in the legal cosmetic circulation of the judge's decision number 1132 / Pid.Sus / 2016 / PN.Pbr in Pekanbaru District Court, secondly, to find out the ideal idea related to the sentence given judge to the defendant related to the absence of fines in the decision. This type of research is normative juridical research or can also be called doctrinal law research. Data collection techniques in this study with the study of literature. From the results of the research problem there are two main things that were concluded, first, the growth of judges in case number 1132 / Pid.Sus / 2016 / PN.Pbr in Pekanbaru District Court, second, related to the imposition of sanctions in cases of illegal cosmetics distribution in case number 1132 / Pid .Sus / 2016 / PN.Pbr in Pekanbaru District Court. Keywords: Judge's Decision - Fines - Criminal Actions of Illegal Cosmetic Smuggling
INSTRUMEN ADMINISTRATIF PEMBATASAN PENGGUNAAN FASILITAS NEGARA OLEH CALON PRESIDEN PETAHANA DIKAITKAN DENGAN UPAYA PEMILIHAN UMUM YANG DEMOKRATIS
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

State facilities are finance means and infrastructure from APBN and or APBD. The use ofstate facilities is essentially recommended in the interests of the government. In accordance withcurrent regulations of the law regarding the use of state facilities, facilities of state are indeed usedfor accommodation and continuity in government practices. But it’s different in elections, publicfacilities are not allowed to be used for the campaign’s benefit. That way any facilities attached tothe office of a state officials, including incumbent presidential candidates are absolutely notallowed to be used to campaign.So while state facilities could still be used by incumbentpresidential candidates, then it would not in thid case reflect a democratic election that conformsto the principle of elections. However, on the other hand the position of president is still attachedto the incumbent presidential candidate. Where based on the constitution, the president is both ahead of state an a head of government that has duties and functions.A president has the right to usethe state facility attached to himself to perform his duties and functions as president. So the safetyof a president must be maintained. In this context, no one of current presidential securityprocedures can be left behid.The study uses normative-law research typology also called doctrinal law research, whichdeals more specifically with law synchronization, as it relates to the use of state facilities byincumbent presidential candidates that would later be.The result of the study by the author is that administrative instruments of limitation of theuse of state facilities by incumbent presidential candidates have not been able to afford restrictionson incumbent presidential candidates in accordance with the basic principles of elections. Whileregulatory restrictions on the use of state facilities for government official other than the incumbentpresidential candidates to elections are clearly established, both for incumbent participants andother participants, the rule of limitation of state facilities for reelaction presidents is not the sameas other government officials who reelaction. Based on the decision of the constitutional courtnumber 10/PUU-XVII/2019 explaining that the incumbent presidential candidates as president whohas a position that cannot be separated from him is not to take a leave. Nevertheless, theconstitutional court ruled that a ban be placed on the incumbent presidential candidates for thecampaign so as not to abuse his position asa successor because there was something inherent inthe president according to article 305 of constitution number 17 in 2017, where this will not berelinquished from the future incumbent presidential candidates.Keywords: State Facility-Incumbent Presidential Candidates-Administrative Instruments
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PERJUDIAN SECARA ONLINE DI KOTA PARIAMAN
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

Article 45 paragraph (1) of Law Number 11 of 2008 concerning Electronic Transaction Information states that Anyone who meets the elements referred to in Article 27 paragraph (1), paragraph (2), paragraph (3), or paragraph (4) shall be punished with a maximum imprisonment of 6 (six) years and / or a maximum fine of Rp. 1,000,000,000 (one billion rupiah). But in fact the application of the criminal sanctions has not run optimally, because this can be seen from the many cases of online gambling that have occurred in Kota Pariaman. This easy access to online gambling makes anyone able to gamble, be it adults or children. And also the lack of government supervision of online gambling provider sites, especially online lottery gambling. This study aims to determine law enforcement, constraints and causes of online gambling crime in Kota Pariaman.This type of research can be classified in the type of sociological research, because in this study the author directly conducted research into the location or field of the place under study in order to provide a complete and clear picture of the problem under study. This research was conducted at the Pariaman Police, while the population and sample were all parties related to the problem studied. In this study, the data sources used were primary data. Secondary data and tertiary data. Data collection techniques in this study were interviews and literature study.From the results of the study, there are three main things that can be concluded that law enforcement carried out by the Pariaman Police is by means of preventive efforts and refractory efforts, while the obstacles faced by the police are the limited human resources (HR) of the police. understand information and technology and the lack of adequate facilities and infrastructure to support the performance of the police in this online gambling case. The causative factors for this crime are adequate facilities for someone to commit a criminal offense, limited human resources and also economic factors that can trigger someone to do this online gambling Keywords: Law Enforcement - Crime - Online Gambling

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