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INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 2,579 Documents
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PEMBAHARUAN HUKUM PIDANA TERHADAP KRIMINALISASI GURU DALAM MENDISIPLINKAN SISWA MELALUI RESTORATIVE JUSTICE
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

Acts of disciplinary action carried out by teachers, which in the past were consideredmediocre, are now considered to violate Human Rights (HAM). The difference in the twosides of the arrangement between Law Number 14 of 2005 concerning Teachers andLecturers and Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002concerning Child Protection raises differences in perceptions between teachers and parentsin terms of disciplining students to trigger there are legal problems due to differences in theview of legal protection for teacher actions in terms of disciplining students with protectionfor children. Based on these problems the author is interested to know first, how is the lawenforcement for teachers who are considered to conduct disciplinary actions against theirstudents based on several court decisions? Second, how is the renewal of the criminal lawagainst the criminalization of teacher cases in disciplining students through restorativejustice?This type of research is classified as normative legal research with a synchronizationtype of law. In normative law research, the data source is secondary data consisting ofprimary legal materials, secondary legal materials and tertiary legal materials. Normativelegal research data collection uses data collection techniques in the study of literature. Dataobtained through the study of literature will be analyzed qualitatively. In drawingconclusions the author uses the method of deductive thinking, namely the way of thinking thatdraws conclusions from a statement or general proposition into a statement that is specific.Based on the results of research and discussion it can be concluded that, First, how isthe law enforcement so far for teachers who carry out disciplinary actions against theirstudents based on several court decisions. In this case almost all law enforcement of teacherswho carry out disciplinary actions end up in prison. Law Enforcement Officials should payattention to the aspect of legal justice for a teacher who disciplines students in carrying outtheir profession in addition to requiring legal certainty and justice as well as legal settlementmust have a value of expediency. So that these events do not continue to happen again later.Secondly, in an effort to reform the criminal law, the settlement of the case can be donethrough non-penal efforts by applying the concept of restorative justice in order to maintainthe passion of teachers and educational institutions. mistakes made by teachers should beresolved beforehand through teacher professional organizations such as the IndonesianTeachers Honorary Council (DKGI), to assess whether these actions include violations of thecode of ethics or whether they are purely criminal acts which can later becomerecommendations to the police to process, of course, by applying the concept restorativejustice as a circular letter from the National Police Chief No .: SE / 8 / VIII / 2018 regardingthe Implementation of Restorative Justice (Restorative Justice), which must be supported by apolicy of renewing criminal law so that it can be properly and maximally applied.Keywords: Criminalization - Teacher - Restorative Justice- Criminal Law Reform
Tinjauan Yuridis Terhadap Atlet Yang Tidak Mendapatkan Hari Tua Berdasarkan Peraturan Presiden Nomor 4 Tahun 2014 Tentang Pemberian Penghargaan Olahrga Dalam Perspektif Hak Asasi Manusia
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

In the field of sports in Indonesia, the law has not played a full role. So far, the field of sports is only regulated by statutory regulations under partial laws or has not completely regulated all aspects of national sports, and has not reflected an orderly legal order in the field of sports. The achievements of national sports in the world arena are still far from satisfactory. Overall, Indonesia has not been able to compete in the international arena. It could be that the cause is that the welfare of athletes in Indonesia is not fully guaranteed. On the other hand, government support through its performance greatly influences the spirit of achievement of athletes to compete in world events. And this is in accordance with the statement of the former minister of youth and sports, Imam Nahrawi, wanting an athlete law, one of which is to guarantee the welfare of former athletes in their old age.This legal research is normative legal research. Normative legal research is legal research conducted by examining library materials or secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. This research examines the subject matter according to the scope and scope of the study. Identification of problems through a statute approach is carried out by examining statutory regulations and regulations related to the legal issues under study. In this study, the authors conducted research on the Principles of Legal Principles. This study examines the juridical review of athletes who do not get a guarantee in old age based on presidential regulation number 44 of 2014 concerning the award of sports from a human rights perspective.The results of this study are expected to guarantee the old age rights for athletes according to the legislation based on Presidential Regulation Number 44 of 2014 concerning the Giving of Sports Awards and to know what are the limitations of the athlete's guarantee regarding the Giving of Sports Awards. And what rights will be received by athletes should be included in the law and the state's responsibility for athletes should be realized.Keywords: Implementation - Regional Regulation - Persons with Disabilities
PELAKSANAAN PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN TINDAK PIDANA EKSPLOITASI EKONOMI DI KOTA PEKANBARU
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

Economic poverty has created a lot of child labor, where the parents order their children to help the family's economy and those who deliberately took advantage of them for personal gain due to economic factors, which resulted in the loss of children's rights. In essence, a child cannot protect themselves from various kinds of actions that cause harm, such as mental, physical, and social losses in various fields of life and livelihood. Children must be assisted by others to protect themselves, given the situation and condition. Therefore, the implementation of child protection is an obligation and responsibility of the State, Government, Regional Government, Community, Family, and Parents or Guardians.This type of research is sociological legal research, where the author directly researches the location under study to provide a complete and clear picture of the problem being studied, this research was conducted on the streets of Pekanbaru, Pekanbaru Resort Police, and Pekanbaru Social Service. The population and sample are all 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 observation, interviews, and literature study.There are several results of the study that can be concluded. First, the rights of children as victims have not been truly fulfilled, aside from that the implementation of legal protection for children as victims of economic exploitation crimes in Pekanbaru regulated in the Child Protection Act has not been optimal. Second, the obstacles in the implementation of legal protection are caused by the lack of cooperation between child care institutions, the insensitivity of the community, the lack of legal awareness, and economic factors. Keywords: Legal Protection, Children, Economic Exploitation Crime
WANPRESTASI TERHADAP PERJANJIAN PEMBIAYAAN INVESTASI DI BADAN USAHA MILIK DESA GERBANG LESTARI DESA DELUK KECAMATAN BANTAN KABUPATEN BENGKALIS
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

Investment financing is the financing of capital goods and services needed for business / investment activities, rehabilitation, modernization, expansion, or relocation of business premises / investment provided to debtors. Investment financing done by Gerbang Lestari Village Owned Enterprises Deluk Village is to provide unsecured loans to customers who have become members of the Gerbang Lestari Village Owned Enterprises Deluk Village in accordance with the financing agreement made and agreed by the customer and the Owned Business Entity Desa Gerbang Lestari Desa Deluk. But in reality in the investment financing agreement the customers have defaulted. Defaults performed by customers that are late achievement, and defaults made by these customers are also contained in article 1238 of the Civil Code.The purpose of this study is to find out how the process of implementing investment financing agreements in the Village of Gerbang Lestari Village of Deluk Village and To find out how the settlement of defaults in the implementation of investment financing agreements in the Village of Gerbang Lestari Village of the Village of Deluk Village.Based on the results of the study of the causes of customers to default, that is, customers have failed in running their businesses, businesses run by customers are substandard, and indeed they lack the desire of customers to make loan repayment payments. In this case the State Owned Enterprises of the Gerbang Lestari Village Deluk Village makes it easy for customers to solve the problem of installment payments by providing relief to borrowers of investment financing to choose whether by making changes to the installment payment schedule or by changing the installment amount. However, if it is not implemented, the Gerbang Lestari Village of Deluk Village will take legal action by confiscating the assets of the customers whose economic value is equal to the number of loan installments that have not been paid. This is done in accordance with article 1131 of the Civil Code. It is recommended to the Entity-Owned Enterprise of Desa Gerbang Lestari Desa Deluk to be able to resolve the problem of default on investment financing made by the customer, because the investment financing loan funds come from community savings.Keywords: investment-credit financing without collateral-default
PELAKSANAAN EKSEKUSI BARANG BUKTI KASUS PENCURIAN OLEH KEJAKSAAN NEGERI PEKANBARU PASCA PUTUSAN INKRACHT
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

After the court ruling, the execution of evidence of theft cases that in the case of a conviction or free or free from all lawsuits, the court determines that the confiscated evidence is handed over to the party most entitled to receive, namely the party whose name is listed in the decision. Unless according to the provisions of the law, the evidence must be confiscated for the benefit of the country or destroyed so that it can no longer be used.This type of research can be classified as sociological (empirical) Normative legal research. However, although there are elements of field research (sociological) in this study, the data analysis method is carried out with a qualitative approach, because the dominant data used is secondary data or library data with field data as a complement. This research was conducted in the jurisdiction of the Pekanbaru District Attorney's Office. Data sources used are primary data and secondary data. Data collection techniques in this study are the study of literature and interviews.The conclusions that can be obtained from the results of the study are: First, the return of evidence both in terms of procedures and time according to Article 46 paragraph 2 of the Criminal Procedure Code should have been decided, then the evidence (objects) mentioned in the decision must have a clear status, whether returned, seized, or destroyed. Based on article 194 paragraph 3 of the Criminal Procedure Code, an order to hand over evidence is carried out without any conditions. Second, the Legal Procedure in Execution of Evidence of Theft Case by the Pekanbaru District Attorney Office After the Inkracht Verdict, which starts with a case that has received an inkracht decision (a decision that has obtained permanent legal force) and then the judge makes a letter of excerpt, the excerpt of the decision comes out 1 (one) the week after the inkracht verdict Third, the Constraints of the Prosecutor in Execution of Evidence of Theft Case by the Pekanbaru District Prosecutor's Office after the Inkracht Verdict is the person who has been mentioned or explained in the contents of the decision verdict not to take the evidence.Keywords: Execution, Decision, Attorney, Evidence, Criminal Act.
PENERAPAN SANKSI TERHADAP PELANGGARAN LALU LINTAS PADA MODIFIKASI KENDARAAN BERMOTOR YANG DILAKUKAN OLEH PENYEDIA JASA BECAK ODONG-ODONG DI KOTA PEKANBARU
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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Currently the rules for traffic using motorized vehicles and motorized vehicle modifications in Indonesia have been regulated based on Law Number 22 of 2009 concerning Road Traffic and Transportation. Based on the aforementioned statutory regulations, what is called a vehicle or transportation is a vehicle for means of transportation, either driven by machines or by living things. Furthermore, Traffic is the movement of vehicles and road traffic spaces. whereas roads are infrastructure designated for moving transport.This type of research can be classified in the type of sociological legal research (empirical), because in this study the author directly conducts research on the location or place under study in order to provide a complete and clear picture of the problem being studied. This research was conducted at the Riau Regional Police, while the population and sample were the Head of Traffic Division of the Pekanbaru City Transportation Service, members of the Pekanbaru City Transportation Service and Odong-Odong Service Providers.The conclusions that can be obtained from the results of the research are First, the application of sanctions for traffic violations on motorized vehicle modifications carried out by odong-odong motorized pedicab service providers if each party who wishes to modify their motorized vehicle is required to have a permit for the modification as required in Law No.22 of 2009 and Government Regulation No.55 of 2012 concerning Vehicles. Second, obstacles and efforts in the application of traffic prohibition sanctions on motorized vehicle modifications carried out by odong-odong motorized pedicab service providers in Pekanbaru in several ways, namely First, conducting regular outreach on road use properly and correctly in accordance with statutory regulations. - applicable legislation. Second, conducting raids on the equipment of motorized vehicles that are not suitable for feasibility (modification). Third, tighten the requirements for obtaining a driver's license.Keywords: Traffic, Sanctions, Violations, Motor Vehicles, Modifications.
Kebijakan Hukum Pidana dalam Perlindungan Hukum Terhadap Korban Pelecehan Seksual Secara Verbal
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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Criminal provisions regulated in the Criminal Code Book in chapter XIV are formed by the legislators with the intention to provide protection against immoral acts or ontuchte handelingen and against behavioral behaviors both in the form of words and in the form of deeds acts that offend immorality. This is because it contradicts people's views of propriety in the field of sexual life, where the words have been spoken or where the deed has been carried out, as well as in terms of the habits of the local community in carrying out their sexual lives.This research is a normative juridical study or normative legal research. Normative juridical legal research or normative research is research that discusses the principles of law, legal systematics, the extent of legal synchronization, legal history and legal comparison.From the results of the research that the author did can be concluded, the first law enforcement against verbal sexual harassment is still not going well because there are inhibiting factors in the process. Obstacles - obstacles include: Factors of the law itself, Factors of law enforcement officials, Factors of the community, Second, overcoming crime is done through several stages, namely the formulation stage, the application stage and the execution stage. In the process of criminalization also must pay attention to two central issues in criminal law policy. Protection against victims of verbal abuse by catcalling can be done through the rights enshrined in Article 5 of Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection of Witnesses and Victims, Law Number 39 of 1999 Concerning Human rights.Kanci Words: Criminal Law Policy - Legal Protection - Verbal Sexual Harassment
PELAKSANAAN SISTEM PENGUPAHAN BURUH PABRIK BATU BATA DI KOTA PEKANBARU BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN
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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Wages are workers 'or workers' rights that are received and expressed in the form of money in return from employers or employers for workers or laborers who are determined and paid according to a work agreement, agreement, or legislation including benefits for workers or laborers and their families for an work or service that has been or will be performed. Wages are often equated with the salary of a worker or labor force. In the implementation of the provision of wages or wages the system has been regulated in Law Number 13 of 2003 concerning Labor. But in reality the remuneration system is still not in accordance with the written agreement and is only based on verbal so that there is no concrete work agreement, one of which is in the Batubata Factory in Pekanbaru City. An unwritten wage system is still in place, a payment system with daily wages and no employment contract in an employment agreement. The problems and objectives that will be discussed in this thesis are to find out how the implementation of the Batubata Factory wage labor system in Pekanbaru City Based on Law Number 13 Year 2003 Regarding Employment.This type of research is a survey, which is conducting a survey to the field at the site and 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 at Batubata factory workers in Pekanbaru city and to the employment department and Batubata factory workers. while the population and sample are the whole of the parties related to the problem under study in this study the source of the data used are primary secondary data and Tertiary data data collection techniques in this study with questionnaire interviews and literature studies.The results of this study can be concluded that the implementation of the brick factory workers wage system in the city sub-district in the city of Pekanbaru based on law number 13 of 2003 concerning employment has not been running well and is not yet optimal, this is because the system implemented by the Batubata business owner is still experiencing the crisis in the payment of wages to factory workers and the method of payment is to use the system per day and not in accordance with the needs needed by the factory workers.Keywords: Implementation - Wage system - Batubata factory workers - Employment
UPAYA HUKUM PENANGGULANGAN PENGAKSES SITUS INTERNET YANG MEMUAT UNSUR PORNOGRAFI OLEH KEMENTERIAN KOMUNIKASI DAN INFORMATIKA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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In a modern global society like today, crime can be committed anywhere, both in the real space and in cyberspace. This happens because the era of globalization has opened up several opportunities for the occurrence of crime, so that a joint response is needed through cooperation between interested parties. Advances in technology can not be dammed and very easy to access all kinds of information needed, here are some positive impacts of the advancement of information technology. However, behind these positive impacts can also be negative impacts that are very worrying about the development of young people and children because the impact of pornographic videos is very damaging to the mental development of these children.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 study are First, the Efforts to Prevent the Access of Internet Sites that Contain Pornographic Elements by the Ministry of Communication and Information have been carried out with a clear legal basis. However, the application of legal policy making to the response there are still weaknesses because they do not use the principles of legal policies that can determine the direction in implementing the principle of countermeasures. Second, the factors which are inhibiting the Ministry of Communication and Information in handling the access of internet sites that contain pornography are divided into elements; website, application, bulging site. Third, the Form of Efforts to Overcome Obstacles in Handling of Accessing Internet Sites that Contain Pornographic Elements by the Ministry of Communication and Information contains 3 things; Image filtering, sensor engine and access filterKeywords: Countermeasures, Criminal Acts, Pornography, Ministry of Communication, ITE.
PERLINDUNGAN PSIKOSOSIAL TERHADAP ANAK KORBAN TINDAK PIDANA PERKOSAAN DI PEKANBARU
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Adult interest in sex that makes children an object is categorized as an act that is prohibited and threatened with criminal penalties based on Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. Rape experienced by children causes physical, psychological and social injury that can affect the quality of their lives in the future. The Government, Regional Government and State Institutions must provide special protection in the form of psychosocial assistance provided at each level of examination ranging from investigation, prosecution to examination at a court hearing. Psychosocial assistance is a combination of psychological and social treatments aimed at healing trauma to the victim so that it can grow and develop optimally.This type of research is sociological legal research, which means the writer directly conducts research at the location under study, namely Pekanbaru City Police, Integrated Women's and Child Empowerment Service Center (P2TP2A), Pekanbaru City Social Service, Riau Child Protection Agency. The population and sample in this study are all parties related to the problem under study. Source of data used are primary data and secondary data, while the data collection techniques in this study use interviews and literature studies.The results of the study that can be concluded are, firstly the implementation of psychosocial assistance to child victims of rape in Pekanbaru is only done during the police inspection process to complete the case report and sometimes it is not given and carried out at all, so the rights of the victim's child are not fulfilled in accordance with the Child Protection Law Act. Second, obstacles in the implementation of psychosocial assistance to child victims of rape in Pekanbaru are the unavailability of special service rooms, lack of communication between Law Enforcement Officers and Child Care Institutions, lack of Social Workers, and families / victims not reporting. The efforts made to overcome these obstacles are in collaboration with the Child Social Rehabilitation Center in Rumbai to use special service room facilities, request the addition of Social Workers and socializing to children and the community.Keywords: Psychosocial Assistance - Special Protection - Children Victims of Rape

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