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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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PENGATURAN PENEMPATAN NARAPIDANA TRANSGENDER YANG BELUM MEMILIKI SURAT PUTUSAN BERGANTI KELAMIN DARI PENGADILAN DI DALAM LEMBAGA PEMASYARAKATAN INDONESIA
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

Correctional Institutions have become a public spotlight, since the reformation of the bureaucratic reform in the Ministry of Law and Human Rights itself, problems are often found in prisons. The problem of regulating transgender placement for which there has been no decision to change sex from the Court within the Indonesian Penitentiary. Indonesia currently has no regulation on Prison for a transgender person. To avoid unwanted things, such as verbal, physical, or sexual harassment while undergoing legal proceedings in a correctional institution.Formulation of the problem of writing this thesis, first. How is the implementation of the punishment for the placement of transgender prisoners who do not have a gender-change court decision in a correctional facility. Second, what is the legal problem in the placement of transgender prisoners who do not have a gender-change court decision in a correctional facility. Third, what are the arrangements related to the placement of transgender prisoners who do not have a gender change decision from the court in the correctional institution for the future. The purpose of writing this thesis, namely; First, in order to know the implementation of the punishment for placing transgender prisoners who do not have a gender-change court decision in a correctional facility. Second, in order to know the legal problem of the absence of regulations related to the placement of transgender prisoners against victims and perpetrators. Third, it is necessary to know the arrangements related to the placement of transgender prisoners who do not yet have a gender change decision from the court in the correctional institution for the future. The type of research used in this legal research is the normative juridical method. This type of research is the principles of law. This research is descriptive, because the author describes the principles of law, namely the principle of equality before the law.Keywords: Prisoners-Transgender-Penitentiary
PROBLEMATIKA IMPLEMENTASI PASAL 491 KUHP BAGI ANGGOTA KELUARGA YANG MENELANTARKAN ORANG DENGAN MASALAH KEJIWAAN (ODMK) DAN ORANG DENGAN GANGGUAN JIWA (ODGJ) DI KOTA PEKANBARU
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

In Article 491 of the Criminal Code Regarding Public Security Violations Against Persons or Property and Health which explains. Threatened with a maximum fine of seven hundred and fifty rupiah : Whoever is obliged to take care of a madman who is a danger to himself and others, let that person roam unattended. However, in reality family members who intentionally abandon people with mental disorders on the streets are not given criminal sanctions. Until now nothing has been applied from the Pekanbaru City Social Service to this article. The purpose of writing this thesis, namely: first, Implementation of Article 491 of the Criminal Code for Family Members ignore People With Mental Problems (ODMK) and People With Mental Disorders (ODGJ) in Pekanbaru City. Second, Obstacles or Problems in the Implementation of Article 491 of the Criminal Code for Family Members Who Leave People With Mental Problems (ODMK) and People With Mental Disorders (ODGJ) in Pekanbaru City.This type of research can be classified in the type of sociological juridical research, because in this study the author directly conducts research in the place under study in order to provide a complete and clear picture of the problem to be studied, while the population and sample are all parties related to the problem studied in this study, data sources used, primary data, secondary data and tertiary data, data collection techniques in this study with interviews and library data.From the results of the study it can be concluded, first, The implementation of Article 491 of the Criminal Code for Family Members Who Leave People With Mental Problems (ODMK) and People With Mental Disorders (ODGJ) in Pekanbaru City has not gone well because of the ignorance of the Pekanbaru City Social Service regarding the existence of the article.Keywords: Problem – Implementation – Family – Abandonment – People With Mental Problems and People With Mental Disorders
KEBIJAKAN FORMULASI TERHADAP ANAK SEBAGAI RESIDIVIS DALAM PEMBAHARUAN SISTEM PERADILAN PIDANA ANAK DI INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Crimes are not only committed by adults against children, but there are also crimes committed by children. The problem faced at this time is the number of juvenile delinquency cases with perpetrators are former convicted child convicts. The problem of repeated criminal acts (Recidivises) that occur against children in Indonesia is a complex problem and needs to be addressed immediately, so as not to cause unrest in the community. However, in the implementation of children as recidivists do not get clear arrangements in the juvenile justice system law.This type of research can be classified in normative legal research, namely legal research conducted by examining library materials. This study examines the subject matter in accordance with the scope and identification of problems through the statute approach carried out by examining the laws and regulations relating to the legal issues under study. In this study the authors conducted a study of legal principles by utilizing descriptive methods. Data collection techniques used in Normative Legal Research is a method of library research that uses the library as a means of collecting data, by studying books as reference material related to the problem to be examined.The conclusion that can be obtained from the results of the study is the Criminalization of children as a recidivist in the Child Criminal Justice System at this time there is still no regulation governing criminal sanctions against children who commit repetition of a crime (residive), both contained in the Criminal Code or in the Law Criminal Justice System for Children. The absence of basic considerations in the conviction of children both criminal incriminating and mitigating, especially against children as recidivists. The idea of criminalization of children as a recidivist in the renewal of the juvenile justice system in Indonesia is urgently needed in order to formulate a better Indonesian criminal law policy in the future. The idea expected by the author of efforts to cope with children as recidivists is one of them by prevention. Judges in this case must be able to provide a basis for consideration in convicting children both criminal incriminating or mitigating, especially against children as recidivists.Keywords: Policy Formulation, Children, Recidivist Reform, Child Criminal Justice System
PELAKSANAAN MALAKOK SUKU TERHADAP ORANG DILUAR SUKU MINANG YANG AKAN MENIKAH DENGAN ORANG SUKU MINANG ASLI DI NAGARI KURANJI KECAMATAN GUGUAK KABUPATEN LIMA PULUH KOTA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Indonesia recognizes the existence of customary law communities, namely, in Article 18 B of the 1945 Constitution which states that the State recognizes and respects indigenous peoples and their traditional rights as long as they are still alive and in accordance with the development of the nation, society and principles. The Unitary State of the Republic of Indonesia as regulated in Law.Marriage according to the Minangkabau customary culture is one of the important events in the life cycle and is a very meaningful transitional period in forming a small group of new family successors. Problems often arise if newcomers do not practice the Malakok Custom in Nagari Kuranji either before marriage or those who have married but have not yet practiced the Malakok custom.The Malakok is a process of integration (integration) of newcomers into the original pesukuan structure, as well as the agreement of the nagari to form a new tribe for newcomers. Malakok is commonly referred to as Minangkabau-style assimilation. All of these newcomers were also called nephews, although they had different rights from the original nephews of the tribe. In the Malakok Adat there are several stages, firstly pre-implementation, secondly during the Malakok period, third after Malakok and the fourth is the rights and obligations of the parties after the Malakok tribe.Keyword: Wedding, Malakok Custom.
KEBIJAKAN HUKUM TERHADAP PELAKU PENYEBARAN IDENTITAS ANAK YANG BERHADAPAN DENGAN HUKUM DI MEDIA SOSIAL
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

As the most widely accessed type of internet content, the use of social media is currently being misused by irresponsible private account users (citizen journalism) which has led to the emergence of new crimes. One of them is the act of spreading the identity of children in conflict with the law (ABH) on social media either through the twitter, facebook, and instagram platforms. The examples of cases that the author took for this research are the case of the beating of a child victim of the Air Force in Pontianak, West Kalimantan and the case of the murder of a 15-year-old teenager (NF) against a toddler in Sawah Besar, Jakarta.The problem in this study is how the impact will occur on children if their identity is spread on social media and recognized by the public, and how are the regulations and sanctions for those who spread the identity of children who are in conflict with the law on social media. As it is known that the act of spreading the identity of children who are in conflict with the law violates the SPPA Law, the Child Protection Law, and the ITE Law, but in the law there are no rules regarding what sanctions can be imposed if someone violates these rules.Keywords: Impact – Regulation – Sanctions – Child Victims – Dissemination – Identity – Children in Conflict with the Law – Social Media
PERLINDUNGAN JURNALIS YANG BERADA DI DAERAH KONFLIK BERSENJATA BERDASARKAN HUKUM HUMANITER INTERNASIONAL Bayu Saputra; Zulfikar Jayakusuma; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Journalists in areas of international armed conflict play an important role, namely to convey information to the world about events that occur in conflict directly from the scene.But in carrying out their work, journalists and media workers conducting coverage in areas of international armed conflict often face a variety of dangerous risks.They can be victims in military attacks or other acts of violence.This thesis will discuss the protection given to journalists in international armed conflicts based on International Humanitarian Law and its application.Journalists who are in the area of international armed conflict obtain protection as civilians as stipulated in Article 4 (A) paragraph (4) Geneva Convention III 1949 and Article 79 Additional Protocol I 1977.This research is normative juridical research.Namely the research carried out on the principles of law starting from certain fields of legal governance, by first identifying the rules of law that have been formulated in certain laws.In this study, the data sources used were secondary data with primary, secondary and tertiary legal materials carried out by means of library research.From the results of the study it was found that journalists who were in areas of armed conflict were considered as civilians and enjoyed protection that was generally accepted by civilians, as stated in article 4 (A) paragraph (4) III Geneva Conventions 1949 and Article 79 Additional Protocol I 1977. Protection of safety for journalists who carry out their duties at home and abroad, is the responsibility of the country where the journalist originates and the country where the journalist is located.Keywords: Journalists, International Armed Conflict, State Responsibility
PENERAPAN PERATURAN MAHKAMAH AGUNG NOMOR 4 TAHUN 2019 DALAM MENYELESAIKAN GUGATAN SEDERHANA DI PENGADILAN NEGERI PADANG Dini Azani; Firdaus Firdaus; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Supreme Court issued Supreme Court Regulation Number 4 of 2019 to assist parties who resolve their cases with simple claims settlement in the Court , Article 13 explains the attendance of the parties at the trial. The Padang District Court is a court that has implemented Supreme Court Regulation Number 4 of 2019 in Resolving a Simple Lawsuit at the Padang District Court. The problem in this thesis discusses the first, How is the Application of Supreme Court Regulation Number 4 of 2019 in resolving simple claims at the Padang District Court? And secondly, what are the legal consequences of implementing Supreme Court regulation Number 4 of 2019 in resolving a simple lawsuit at the Padang District Court if one of the parties is not present in court?This type of research can be classified in the type of sociological research, because the author directly conducts research on the location or point being examined to provide a complete and clear picture of the problem being examined. This research was conducted at the Padang District Court, while the sample population was all parties related to the problems studied in this study, the data sources used, primary data and secondary data, data collection techniques in this study were literature review interviews and data analysis.The conclusion of the author regarding the application of the Supreme Court Regulation Number 4 of 2019 in resolving a simple lawsuit at the Padang District Court. 2019 in resolving a simple lawsuit at the Padang District Court if one of the parties is not present at the trial is the party who has objections to the judge's decision can file an objection by registering the case again with the Court so that it can be registered with a new case number, but the plaintiff must carry out the decision which the judge imposes on the case first. As well as the need to increase socialization to the public regarding the settlement of cases with simple lawsuits, so that the parties can overcome losses.Keywords: Plaintiff, Defendant and Simple Claim
ANALISIS YURIDIS PENETAPAN STATUS KELOMPOK KRIMINAL BERSENJATA DI PAPUA SEBAGAI TERORISME Marinus Lase; Erdianto Erdianto; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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At first the separatist movements that occurred in Papua were dealt with through the articles of treason in the Criminal Code (KUHP). However, on April 29, 2021, Coordinating Minister for Political, Legal and Security Affairs Moh. Mahfud MD, through Press Release No: 72/SP/HM.01.02/POLHUKAM/4/2021, stated that organizations and people in Papua who commit massive violence are categorized as terrorists. The determination of the KKB in Papua is not in accordance with the applicable positive law, so it does not provide legal certainty. This is because political motives in the Scope of Law Number 5 of 2018 considers criminal acts of terrorism not as political crimes. The purpose of this study is to determine how the status of armed criminal groups in Papua is determined as terrorism in Indonesian criminal law and to find out how the legal consequences of determining the status of armed criminal groups in Papua as terrorism.This type of research is normative legal research or library law research. This normative legal research is a study of the principle of legal certainty, where the government's policy in determining the status of armed criminal groups in Papua as terrorism does not provide legal certainty because the policy is not in accordance with the applicable criminal law. The data sources in this study consist of primary legal materials, secondary legal materials, and tertiary legal materials. The technique of collecting data in this normative legal research used the literature review method. Based on the nature of this research which uses descriptive analytical research method, the data analysis used is a qualitative approach to primary data and secondary data.The determination of KKB in Papua as terrorism does not have legal certainty because the government's policy to include KKB in Papua in DTTOT is not in accordance with the applicable positive law. From a positive legal perspective, the government (Menko Polhukam) should not have the authority to declare a group in society as a terrorist group or organization and terrorism should not be considered a political crime. After the determination of the status of the KKB in Papua as terrorism, the legal consequence is that law enforcement against these groups will be different from law enforcement in general as regulated in the Criminal Procedure Code (KUHAP). The government in determining the status of the KKB in Papua as terrorism resulted in the government abusing its power and not based on applicable regulations. The legal consequences of determining the KKB in Papua as terrorism will make the KKB in Papua unable to be held criminally responsible.Keywords : KKB in Papua - Terrorism - Separatism - Political Crimes
PERBANDINGAN HUKUM TINDAKAN ABORSI TERHADAP WANITA KORBAN PERKOSAAN MENURUT HUKUM ISLAM DAN UNDANG-UNDANG NOMOR 36 TAHUN 2009 TENTANG KESEHATAN Adinda Nabilla; Erdianto Effendi; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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The cases of unwanted pregnancy because rape surely burdensome for women, both medically and psychologically, because rape is the imposition of sexual relations with women without any volition of conscious. The problems of abortion can't be seen simply. From a religious side, abortion is expressly stated as a prohibited practice. Not much different from religion, Abortion in morally also valued as an immoral actions. because abortion substantially is nothing more than killing an innocent fetus.The formulation of the problem and the purpose of this essay is to find out how is the comparison of crime of abortion due to rape based on Islamic and the Law of number 36 Year 2009 about Health and also to find out what is the legal protection will be given to women who have abortions due to rape.The type of this essay is normative research. Normative research is a study that discusses about the principles of law, systematics of law, the degree of synchronization of law, history of law, and comparative of law. The method of this essay is legal comparison, that is study law by reviewing more than one legal system to find the similarities and the differences, in order to get the specific conclusions.The conclusion of this essay is Law number 36 of 2009 concerning Health declares that basically abortion is prohibited, however, for cases of abortion due to rape, it is legal as long as still followed the terms of the law. at the same time, according to Islamic law, there are differences of opinion regarding abortion carried out due to rape. Majelis Tarjih Muhammadiyah which forbids abortion due to rape and Majelis Ulama Indonesia which allows abortion due to rape before the fetus is 40 days old. Then, the legal protection given to pregnant women due to rape that aborted their womb is contained in Law of 36 number 2009 concerning Health which allows acts of abortion due to rape as long as these actions is suitable by the procedures in the Act.Keyword: Abortion- Rape- Law Of Islamic- Legal Protection
PENEGAKAN HUKUM PELANGGARAN LALU LINTAS MENGANGKUT PENUMPANG LEBIH DARI SATU ORANG DALAM KENDARAAN RODA DUA OLEH KEPOLISIAN RESOR KOTA PAYAKUMBUH Muhammad Hafizh; Mukhlis R; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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In modern times, human activities are greatly helped by technology that facilitates the movement of each individual. So the existence of two-wheeled vehicles or motorbikes makes it easier for people to move from one place to another. A motorcycle is a motorized vehicle with two or three wheels, without a house, with or without side buggies. The impact of carrying more than one passenger in a two-wheeled vehicle can endanger the motorcyclist and other traffic users, it can also be detrimental to pedestrians around the traffic and this is dangerous. This research is an empirical sociological research. This research was conducted in the legal area of Payakumbuh City. firstly, law enforcement against violations of carrying more than one passenger in a two-wheeled vehicle in Payakumbuh City is still not being realized properly, in carrying out its role to enforce the law in the community, law enforcers must also pay attention to norms. norms or rules that must be obeyed by law enforcers or maintenance.These norms need to be obeyed, especially in carrying out the law, drafting and maintaining the law. The inhibiting factor for law enforcement to carry more than one passenger in a two-wheeled vehicle is cultural factors and factors of law enforcement officials, such as cultural factors that should ride a motorbike by carrying more than one person is not a culture in Payakumbuh City, lack of coordination between the community and law enforcement officers, the lack of human resources owned by law enforcement officers.Keywords: law enforcement – two wheeled vehicle - Payakumbuh Police Resor

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