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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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POLITIK HUKUM PEMILIHAN METODE KONVERSI SUARA MENJADI KURSI DALAM SISTEM PEMILIHAN UMUM LEGISLATIF TAHUN 2019 DI INDONESIA BERDASARKAN UNDANG-UNDANG NOMOR 7 TAHUN 2017 TENTANG PEMILIHAN UMUM Erna Hasibuan; Mexsasai Indra; Ledy Diana
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

In general election contestation, the election of the method of converting votes into seats often gets less attention in election arrangements. In fact, the difference in the type of vote conversion method used will also affect the difference in the number of seats that can be obtained by a political party in parliament. In the history of elections in Indonesia, there are at least two types of vote conversion methods that have been used, namely the Hare Quota method and the Divisor Sainte-Lague method. The purpose of writing this thesis: first, to find out whether the method of converting votes into seats in the 2019 Legislative General Election system in Indonesia is in accordance with the principles of General Elections based on Law Number 7 of 2017. Second, to find out how the Legal Politics of Use the Sainte Lague method in Law Number 7 of 2017 concerning General Elections.This research is a normative juridical research, research conducted based on legal materials and legislation. The approach taken includes a library approach, namely by studying books and laws and regulations. The types of data used are primary data types, secondary data sources, namely data sources derived from books and other regulations. The theory used in this research is the theory of legal politics and the theory of the general election system.From the results of the study there are two main things that can be concluded. First, the method of converting votes into seats in the 2019 Legislative General Election system in Indonesia can be said to be inconsistent with the principles of the General Election Law Number 7 of 2017. There are several points that cause this to be inconsistent, including: (1) the method This is not considered effective when implemented. (2) this method creates the potential for the formation of new parties that take advantage of the situation. (3) by using this method of converting votes into seats, it will create a sense of injustice for a handful of political parties in navigating the election contestation. Keywords: Political Law-Voice Conversion Method-General Election�Legislative-Law Number 7 Year 2017
REFORMULASI PENGATURAN TINDAK PIDANA PENINDASAN (VERBAL BULLYING) YANG MENGAKIBATKAN KEMATIAN PADA ANAK Dedek Putra; Emilda Firdaus; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Verbal bullying is this type of intimidation done verbally or with bad words with the aim of belittling, hurting, and also looking down on others. bullying verbal bullying is a form of "toxic stress", the long-term health effects of verbal bullying events even leading to death, especially those that recur on the victim. The impact of verbal bullying (oppression) is still not widely known, whether done with words, statements or certain nicknames turned out to have a more powerful effect compared to bullying that is done physically or with bodily violence. To ensnare perpetrators of verbal bullying have been regulated in the Child Protection Act No. 35 of 2014 in the world of education in Article 54. First, the regulation on the current conditions regarding criminal bullying which results in death of children in Indonesian criminal law has not been implemented What should have been regulated in Law No. 35 of 2014 concerning child protection, only regulates in Article 54 the world of education. Second, the idea of regulating criminal bullying for future cases, the need for legal reform or revision of the Child Protection Law on verbal bullying in general, so that the existing law can be updated so that it can keep up with the times and so no similar case will be repeated in the future.This research method is a normative law, focusing more on the principle of legal certainty and is carried out on legal norms which are benchmarks for behavior or inappropriate behavior. Not yet running a verbal bullying regulation. Rules only become rules that are not realized if there is no control or supervision from people who have obligations, bullying cases. Lack of legal clarity in every case that is happening right now and the weak implementation of various verbal bullying regulations The need for a criminal law policy to realize the laws and regulations in order to be in accordance with the situation at a certain time (ius constitutum) and the future (ius constituendum).The need for a clear law in accordance with the development of the times in order to be able to run a rule to protect children who are victims of oppression (verbal bullying) resulting in death in children. The need for legal certainty from the authorities and the government can run a rule so that the same case does not recur in the future. It is hoped that the revision of the Child Protection Act No. 35 of 2014 in order to regulate the general (verbal bullying) not only in the world of education.Keywords: Bullying, Verbal Bullying, Legal Regulations
PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL DI PENGADILAN NEGERI PEKANBARU TERHADAP PEMENUHAN HAK PEKERJA PADA SENGKETA PEMUTUSAN HUBUNGAN KERJA Dania Sabilah Farina; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Law Number 13 Year 2003 concerning Manpower regulates layoffs. As for the rights incurred after the termination of employment which were incurred after the termination of employment received by workers / laborers in the form of rights to money / wages which include process wages, severance pay, awards and compensation compensation. Settlement of PHK Disputes is the authority of the Industrial Relations Court at the local District Court. The purpose of this thesis is; First, to find out the decision of the industrial relations court judge in Pekanbaru District Court number: 103 / Pdt.sus-PHI / 2018 / PN.Pbr is in accordance with the theory of justice; Second, to find out the industrial relations court decision in Pekanbaru District Court number: 103 / Pdt.sus-PHI / 2018 / PN.Pbr has provided legal certainty.This type of research is classified in the type of Normative Law research, namely legal research conducted by examining library materials or secondary data. The study was conducted at the Pekanbaru District Court. The data source used is secondary data and is supported by primary data using interview techniques. Data collection techniques used are from the study of documents or library materials, then the data are analyzed qualitatively obtained from secondary data.Based on the research results, there are 2 main things that can be concluded, first, the decision of the industrial relations court in the Pekanbaru District Court Number: 103 / Pdt.sus-PHI / 2018 / PN.Pbr, the judges have given justice to the parties, especially the workers , because the plaintiff's initial lawsuit requested that the employment relationship be broken since October 31, 2018 and was granted by the judge, so that the workers' rights only until October 31, 2018 included process wage rights which were also requested to be granted in the lawsuit, so article 155 of Law Number 13 of 2003 concerning Manpower cannot be a guideline for judges. Second, the Panel of Judges has decided that the decision has provided legal certainty to the parties, as explained by Hans Kelsen and Soedikno Mertokusumo, that legal certainty is a written law. The initial claim to terminate the employment relationship since 31 October 2018 was granted by the panel of judges, so that normative rights and other rights including the right to process wages were also requested by the plaintiff in his claim only until 31 October 2018. The author's suggestion, the plaintiff should have asked for a termination of employment relations until a court decision has permanent legal force, so that the provisions in Article 155 Paragraph 2 of Law Number 13 of 2003 concerning Manpower and the Decision of the Constitutional Court Number 37 / PUU-IX / 2011 concerning Application for Judicial Review of Law Number 13 of 2003 concerning Manpower and Article 16 paragraph 1 of the Decree of the Minister of Manpower Number Kep.150 / Men / 2000 of 2000 can be a guideline for judges to grant process fees.Keywords: Layoffs by Workers - PHI Decisions - Process Wages.
Analisis Disparitas Penjatuhan Sanksi Pidana Terhadap Anak Sebagai Pelaku Tindak Pidana Penganiayaan (Studi Kasus Putusan Pengadilan Negeri Pekanbaru dengan No Perkara 14/Pid.Sus-Anak/2019/PN Pbr dan No Perkara 22/Pid.Sus-Anak/2019/PN Pbr ) ALBERT PH SILALAHI; Mukhlis R; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

In the same case, law has different rules. In law, it is known as disparity (disparity of sentencing). According to Oemar Seno Adji, disparity does what can be justified as long as it is done naturally. In writing this thesis the author discusses the problem of Criminal Disparity in cases of Criminal Abuse committed by children in case No Case 14 / Pid.Sus-Anak / 2019 / PN Pbr with Case No Case 22 / Pid.Sus-Anak / 2019 / PN Pbr. For the purpose of writing this thesis, namely; First, we can find out the causes of the disparity in crimes committed by judges in deciding criminal acts of maltreatment committed by children. Second, we can find out the ideal sanctions given by judges to child defendants.The research method used is the normative juridical method in relation to Restoratif justice. The results show that in deciding a case the judge is subject to Article 197 of the Criminal Procedure Code, namely the judge must have his own consideration in determining the severity or lightness of the sentence to be imposed on the defendant, through material evidence in court to support the conclusions in the judge's consideration.The result of this study is that in deciding a case, a judge pays attention to matters or methods properly and fairly without any political interests or personal interests that can harm one of the parties. In the case of a criminal act of torture committed by Anak Bintang Nusantara Als Bintang Bin Ali Basyah, et al, they are subject to Article 170 Paragraph (2) Section 2e of the Criminal Code Jo Article 20 of Law no. 11 of 2012 by Judge ABDUL AZIZ, SH, M.HUM with 5 years in prison, and against the defendant Anak Agusfah Yani Als Yani Binti Herman and Anak II Rama Dani Als Rini Binti Herman, Judge Dahlia Panjaitan SH Wearing Article 80 of the Criminal Code paragraph 1 KUHP in conjunction with Article 76 c of Law No. 35 of 2014 with 3 months in prison without considering Restorative justice for the child of the Defendant.Keywords: Disparities-Court Decisions-Judge-Restorative Judgments
UPAYA PENYELESAIAN PERMASALAHAN ANTARA PENCIPTA PEMEGANG HAK CIPTA DAN PIHAK KE TIGA YANG MENGGANDAKAN BUKU BUDAYA MELAYU RIAU TANPA IZIN DALAM PRESFEKTIF UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA Yesi Fitri Indriani; Zulfikar Jayakusuma; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

Reproduction and distribution of books without the permission of the copyright holder is a violation of law 28 of 2014. Copyright consists of economic rights and moral rights. Economic rights are rights to obtain economic benefits from creations and related rights products. Moral rights are rights inherent in the creator or actor that cannot be removed or deleted without any reason, even though the Copyright or Related Rights have been transferred. The purpose of writing this thesis: first, to find out how the legal position of the parties in a copyright license without a written agreement according to the copyright law Second, to find out what are the efforts to resolve problems between the creator of the copyright holder and the third party who reproduces the Riau Malay Culture Book without permission in the Prefective Law Number 28 of 2014 concerning Copyright The research that the author conducted is included in the type of normative juridical research which means finding the truth of the coherence of how the law operates in society. If viewed from the nature of this research is descriptive.          The author's suggestion in this study is to suggest that an agreement be made between the copyright holder and the publisher either orally or in writing so as to provide legal force that binds the copyright agreement. As the copyright holder has exclusive rights to the results of his creation (books) if not done the agreement, the legal consequences of granting a copyright license without a written agreement, the agreement is null and void, Suggest that the case be resolved in a commercial court because copyright prohibition is a prohibition that is included in the violation of intellectual property rights in the form of a book Keywords: Copyright, -Agreement
PELAKSANAAN TANGGUNG JAWAB PENGEMBANG (DEVELOPER) DALAM PEMENUHAN SERTIFIKAT KEPEMILIKAN RUMAH KEPADA PEMBELI RUMAH BERDASARKAN PERJANJIAN PENGIKATAN JUAL BELI PERUMAHAN Vina Septhiani Muthia; Maryati Bachtiar; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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The need for housing as a residence or residence, both in urban and rural areas continues to increase. Various ways can be done to get land rights, one of which is commonly done is by buying and selling. Buying and selling which is an agreement between two parties that sell and the other party that purchases where in the transaction makes an agreement that contains the rights and obligations of both of which are stated in the binding agreement of sale and purchase. The time factor in an agreement is very important because it is an achievement of the parties to carry out what has been agreed by the parties. Implementation of the fulfillment of the contents of the agreement by the parties is also very important so that the agreement is carried out and not defaulted. So that the parties can take responsibility according to their rights and obligations in the agreement until the sale and purchase is complete.The purpose of this study is to find out and examine the process of fulfilling a home ownership certificate to a home buyer based on an agreement to buy and sell housing associated with defaults made in the agreement and to determine the developer's responsibility towards the home buyer in fulfilling the home ownership certificate to the home buyer based on agreement to buy and sell housing.In this research, a sociological approach is used to see the correlation between the agreements made by the developer and the home buyer through the sale and purchase agreement (PPJB) in terms of fulfilling their responsibilities and responsibilities. Research is descriptive, using primary, secondary and tertiary legal materials with data collection techniques in the form of interviews and literature studies and analyzed qualitatively. In drawing conclusions researchers use deductive thinking methods.The sale and purchase agreement of houses in Prima Indah housing between the developers of PT Deputirindo Prima Mandiri and the home buyers did not run in accordance with the binding purchase agreement (PPJB) agreed by the parties. The developer cannot submit the house certificate as physical proof of the transfer of ownership of the house to several buyers even though the buyer has paid off his obligations. And in the implementation of the fulfillment of this certificate can not be done because of financial problems between the developer and the previous land owner. This study also saw that the developer (developer) could not carry out its responsibilities to fulfill obligations in the process of buying and selling carried out based on a binding purchase agreement (PPJB) agreed by the partiesKeywords: Agreement, Responsibility, Developer (Developer), Housing, Binding Agreement of Purchase (PPJB)
PENERAPAN SANKSI PIDANA TERHADAP PEMILIK TEMPAT PROSTITUSI DI KECAMATAN SIATAS BARITA KOTA TARUTUNG Maria Hose Sihombing; Mexsasai Indra; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

   Prostitution is a social phenomenon where women sell themselves doing sexual acts as a livelihood. In this definition clearly stated the existence of self-selling as a "profession" or daily livelihood, by way of sexual relations. In this case the moral damage is seen when the community practices the ownership of a place of prostitution as a place for commercial sex workers or familiarly known as CSWs. The purpose of this study aims to determine law enforcement against owners of prostitution sites, to determine the impact of prostitution premises on the community and, to determine the inhibiting factors of law enforcement against owners of prostitution in Siatas Barita District, Tarutung City.In this study the authors use the method of sociological research that is research conducted directly at the location or object of research that wants to see the correlation between law and society, in this study the researchers directly conducted research.From the results of the research that the author did can be concluded, the first law enforcement against the owners of prostitution in the District Siatas Barita Tarutung City is limited to administrative sanctions. it does not make the place of prostitution stop operating until now. Law enforcement against owners of prostitution in the District of Siatas Barita Tarutung City is not based on the Criminal Code. While the Criminal Code has regulated the issue of prostitution as in Article 296 of the Criminal Code and 506 of the Criminal Code. secondly With the presence of prostitution has an impact on the insecurity of the people who live near the place of prostitution caused by many crimes. The three obstacles in carrying out law enforcement against the owners of prostitution places are, among others, the lack of public legal awareness which has implications for their disobedience to the law, due to the spread of information that raids or policing will be held more rapidly so that participation becomes an obstacle.The author's advice, first To the North Tapanuli District Police to carry out law enforcement in accordance with the Criminal Code. Secondly, the people of Tarutung City are expected to be more concerned with the problem of prostitution that is increasingly widespread. Keywords: Law Enforcement-Crime-Prostitution
TINJAUAN YURIDIS TERHADAP PERUSAHAAN LAYANAN PINJAM MEMINJAM UANG BERBASIS TEKNOLOGI YANG MENYEBARKAN DATA PRIBADI DEBITUR BERDASARKAN PASAL 32 UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK DI KEPOLISIAN DAERAH PROVINSI RIAU Royan Ramadhan; Davit Rahmadan; Adi Tiaraputri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Sanctions for violating personal data are contained in Article 48 paragraph 2, which contains: (1) Any person who meets the elements as referred to in Article 32 paragraph 1 shall be sentenced to a maximum imprisonment of 8 years and / or a maximum fine of two billion rupiah. (2) every person who fulfills the elements as meant in Article 32 paragraph 2 is imprisonment for a maximum of 9 years and / or a maximum fine of three billion rupiah. (3) Every person who fulfills the elements as referred to in Article 32 paragraph 3 shall be sentenced to a maximum imprisonment of 10 years and / or a maximum fine of five billion rupiah. The application of criminal sanctions against perpetrators of criminal defamation of customers must actually be reactive to an act, so the focus of criminal sanctions is focused on a person's wrongdoing through the imposition of suffering (so that the person concerned becomes a deterrent). Apart from being aimed at imposing suffering on the perpetrator, criminal sanctions are also a form of condemnation of the perpetrator's actions.This research uses a typology of sociological legal research or what is also called non-doctrinal legal research, which deals more specifically with legal effectiveness. In this study the authors use the nature of descriptive research, because the author describes how Law Enforcement Against Technology-Based Lending and Borrowing Services Companies That Spread Personal Data of Debtors Who Violate Article 32 of Law Number 19 Year 2016 Regarding Information and Electronic Transactions at Polda Riau. The results of the research conducted by the author are, firstly, the implementation of law enforcement on technology-based lending and borrowing services can be more assertive, and the police should also accept all reports from victims while the report has the potential to violate applicable laws and regulations regardless of whether there are still debts, so that people also feel protected by law enforcement officials, and similar incidents will not happen again.Keywords: Fintech – Personal Data – Electronic Transactions
EKSISTENSI HUKUM ADAT MELAYU LIMO KOTO DALAM PENERAPAN SANKSI TERHADAP PELAKU PENCURIAN KAYU RIMBA LARANGAN ADAT DI NAGARI RUMBIO Khairul Bakri; Erdianto Effendi; Zulfikar Jayakusuma
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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The law always exists in every society. In the Limo Koto Kenegarian Region, Rumbio Jaya District, the community still uses their customary law in resolving criminal acts or crimes, especially crimes in the theft of jungle timber / customary forest prohibitions. The purpose of this thesis writer is: First, how is the application of sanctions against the perpetrators of illegal logging of forest timber in Nagari Limo Koto, Rumbio Jaya District. Second, what is the position and constraints of customary law on law enforcement and how is the practice in Nagari Limo Koto, Rumbio Jaya District. This type of research uses direct sociological research methods at the location or place to be studied. This research was conducted in Kanagarian Limo Koto, Rumbio Jaya District, Kampar Regency, Riau Province. While the population and sample are all parties related to the problems examined in this research, the data sources used are primary data, secondary data and tertiary data, the technique of data collection in this study is by interview and document study. Conclusion that the existence of the imposition of sanctions against perpetrators of illegal logging / forest prohibition of customary laws such as social sanctions and criminal fines in terms of practice in the field has begun to fade and the lack of supervision of the forest / jungle ban until now, people are still taking wood silently and stout motive or method used by the perpetrator. The writer's suggestion is for the nagari government and its instruments to increase the supervision of the forest / jungle of customary prohibitions and to make nagari regulations governing customary law or violation of customary law and to work with government authorities and the police and to socialize to the nagari Limo Koto community so that customary law is Malay Koto limo still exists and will not fade with the times Keywords: Existence - Customary Law - Theft of Nagari Forest / Forest
PELAKSANAAN PERJANJIAN ANTARA PT.TELKOM DENGAN PELANGGAN INDIHOME DALAM PEMBERIAN JASA LAYANAN INTENET DI PEKANBARU Arrahman Arsista; Firdaus Firdaus; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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IndiHome is one of the service products of PT. Telekomunikasi Indonesia in the form of communication and data service packages such as landlines (voice), internet (internet on Fiber or High Speed Internet), and interactive television services (USee TV Cable, IP TV). people who start subscribing, the more problems that arise. Installation of the IndiHome tool which has to wait a long time and the imposition of erratic rates that sometimes burdens customers as well as the handling of protracted customer complaints. In fact, customers still do not want to continue payments because they already feel disadvantaged, and customers are required to return the modem that has been lent by PT Telkom.The research carried out is sociological legal research, namely research that starts on the process of revealing the truth based on the use of basic concepts known in sociology as science, and is taken from secondary data by processing data from primary legal materials, secondary legal materials, and materials. tertiary law. Research location in Pekanbaru Riau. The approach used is a juridical-sociological approach, which is research conducted on real conditions in the environment of Pekanbaru City, especially in Sail District.The results of this study regarding the implementation of the agreement between PT.Telkom and IndiHome customers in providing Internet services in Pekanbaru have not been fully implemented properly, the customer's lack of knowledge of the Agreement which causes the Default. The effort made by PT. Telkom is waiting for the good faith of the customer in returning the equipment (ONT / Modem / STB) that was installed at the customer's house is OWNED by TELKOM which was lent while being a TELKOM customer. Modems that are not used due to migration to fiber are pulled back.Keywords : subscription agreement, customer

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