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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
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Articles 2,579 Documents
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PENERAPAN SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA PELECEHAN SEKSUAL TERHADAP ANAK DI PENGADILAN NEGERI KELAS I A PEKANBARU Andre David Hasintongan Sitanggang; Evi Deliana; 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 criminal act regulations that are put in place are to protect the public and which make such actions punishable under a criminal article. It is very important to know, the forms of sexual violence against children have a very broad scope, including, rape, sodomy, oral sex, sexual gestures (visual sexual assaults including exhibitionism), sexual rheumatism (verbal sexual assaults, sexual harassment, child prostitution and clitoral circumcision in girls). In its protection, children are also subject to a separate judiciary namely Law Number 11 of 2012 concerning the Criminal Justice System for Children to aim to provide the best interests of children.Scientific writing aims to: First, to find out the application of criminal sanctions against perpetrators of criminal acts of sexual abuse of children in the Pekanbaru District Court. Second, to find out the basic considerations of judges in imposing sanctions for sexual harassment in the Pekanbaru District Court.This thesis writing uses sociological juridical research methods. Sociological juridical legal research that uses secondary data as initial data, which is then followed by primary data or field data, examines the effectiveness of a law and research that wants to find a relationship (correlation) between various symptoms or variables as data collection tools consisting of studies documents and interviews.From the results of the research problem according to Law No. 11 of 2012 concerning the Child Criminal Justice System and Law No. 35 of 2014 concerning Child Protection. By using the theory of justice the Judge has followed aspects in the application of sanctions mandated by the regulations in force today, and the Judge also pays attention to facts at trial, witness statements, evidence and visum et repertum. The judge also looked at aspects of the environment and the people around the perpetrators. And also consider the future of the victims and perpetrators alike.Keywords: Application of Sanctions, Criminal Purpose, Child Sexual abuse
PERLINDUNGAN HUKUM HAK ANAK SEBAGAI KORBAN EKSPLOITASI EKONOMI DALAM PERSPEKTIF HUKUM PIDANA DI KOTA PEKANBARU Zuri Zuri; Evi Deliana; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

Children who are victims of economic exploitation in Pekanbaru City. Crimes in community life that involve children are increasingly complex, with various behaviors, so there are various kids of crime so that legal protection is needed as an alkternative and enforcement so that life becomes orderly and comfortable. The majority of children who arevictims of economic exploitation are between the ages of 12 and 17 who are still in elementary school. The majority of children who are victims of economic exploitation in Pekanbaru City are used as beggars and sell late at night, causing an impact in the form of pressure for shildren to make income deposits, disruption of rest time and disruptiiion of playing timen and growth and development, this occurs due to circumstances economy is getting increasingly difficult so that there are children who deliberately take the initiative to help the family but by working with irregular and draining work schdules, but he majoryity of children are deliberately employed as bggars who are used by unscrupulous individuals including family experts and even their parents to get profit for the necessities of daily life without them having to work to support these children.This study aims to determine the legal protection of children who are victims of economic exploitation in Pekanbaru City which is carries out by the Pekanbaru City goverment through the social serrvice and related local goverments based on field studies and interviews. This type of reseach is categorized into a socialogical legal research which originates from factual events and problems that occur and develop in the midset of society, especially in Pekanbaru City.The results of this study are three important things, firstly it intends to comply with the extent of legal protection that has been carried out by the Pekanbaru City goverment in term of protecting the right of victims who are economically exploited in Pekanbaru City. Second, what efforts can the goverment of Pekanbaru City do in fighting the crime of economic exploitation of children who are turned beggars. Keyword: Protection Law, Victims, Children, Economis Exploitation
ANALISIS YURIDIS TINDAKAN SEPIHAK PENARIKAN PERWAKILAN DIPLOMATIK SUATU NEGARA DALAM KAIDAH HUKUM INTERNASIONAL (STUDI PERBANDINGAN ANTARA KASUS DUTA BESAR NORWEGIA UNTUK INDONESIA DAN DUTA BESAR JEPANG UNTUK KOREA SELATAN) Syafariah Rizqa; Evi Deliana; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Article 43 of The 1961 Vienna Convention states that the termination requirements for diplomatic agent include the end of the function of diplomatic agent and persona non grata. In some cases, the termination of function of the Norwegian Ambassador to Indonesia that was withdrawn unilaterally was not caused by the provisions. Likewise, the case of unilateral withdrawal of the Japanese Ambassador to South Korea was occurred because of conflicts between the states. Problem was formulated about how international law regulates in relation to the withdrawal of a country's diplomatic representatives, what are factors which underlie these actions and how the appropriateness of the act of withdrawing diplomatic representatives with international law specifically regulates diplomatic relation. The purpose of this thesis is to find the answer to the problems.The type of conducted research is normative-juridical research by examining problems in terms of applicable principles of international law. In this study, the data sources used were secondary data with primary, secondary, and tertiary legal materials that carried out by means of library research.From the results of the study, it was found that, first, the unilateral withdrawal of diplomatic representation was not specifically regulated in international law, especially Vienna Convention but the practice was a discretionary act of state to protect its sovereignty. The act of withdrawing diplomatic representatives is not same as Persona Non Grata declaration, it also does not always lead to a break up of diplomatic relations, but it is also a dynamic in international relations which does not required the implementation of reciprocity principle. Second, the causes of the withdrawal of diplomatic representation may vary, it is not only limited as a form of protest against the policies of the receiving state, but also due to the actions and attitudes of the diplomatic representatives themselves. Third, this action has been part of customary international law so that it can be declared in accordance with the rules of international law.Keywords: Diplomatic Law- Diplomatic Representative -Withdrawal-Reciprocity-Persona Non Grata
EKSISTENSI ADAT MELAYU DALAM PENYELESAIAN KECELAKAAN LALU LINTAS DI KABUPATEN PELALAWAN IKA ANGGITA; Erdianto Erdianto; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

The united republic of Indonesia is a legal state with basis and guidelines to pancasila and the constitution of 1945 and the supreme rule of national law. Whereas national law is also growing and growing a legal system emanating form the customs of society called the tribal laws. The settlement using the customary law was done as an alternative to the smooth distribution of a misdemeanor. When a case is settled by the customary law it is possible for the public to use valid tribal sanction in order to prevent a pending trial. As a result of the law that would result in a criminal traffic accident in the juvenile district in fines and a civil ceremony of praying together.The solution using traditional sanction in the village of betung was effective so that there would be no grudge between the troubled. In study aims to see that tribal laws still exist and are still used in society. The customary law was still accepted by the indigenous people and made the customary sanction a legal basis for accomplishing a matter. According to the victims point of view, however the customary law of compliance with the victims losses would also be met and replaced by the perpetrators. So that the perpetrators can also be accepted by the public for replacing and delibering with victims witnessed by the indigenous population.The decision decided by the mind of Malay law is mandatory for both parties to accept the decision together. The decision is preceded by a customary agreement and according to the purpose of rehabilitate the perpetrator and restore balance in the lives of relative.Keywords: Customary law-Customary Sanction-Traffic accidents
PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA PENELANTARAN ANAK DI WILAYAH KEPOLISIAN RESOR KOTA PEKANBARU Mery Natalia Siahaan; Dessy Artina; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

In article 76 B of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection states that the criminal act of neglect of children is punishable by imprisonment of up to 5 (five) years and / or a maximum fine of Rp. 100,000,000, - (one hundred million rupiah). A short sentence of 5 (five) years imprisonment cannot be mediated because the threat of a minimum sentence of 5 (five) years in prison is a category of serious criminal offense, but in fact, in the Pekanbaru City Police, there are many cases of neglect that have not been resolved because the investigation was terminated by the party. Police due to mediation. In this case, it can be said that the law enforcement carried out by the Pekanbaru City Police has not been maximized so that it does not provide a deterrent effect on perpetrators and communities who commit acts of child neglect.This type of research is sociological legal research, namely as an attempt to see the effect of the enactment of positive law on people's lives. This research is also descriptive in nature, namely the author tries to provide a description of law as a social control related to the formation and maintenance of social rules to law enforcement officials and the community, by providing a basis for the legal ability to control behaviors and create a suitability and comfort in society ..The results of this study are to explain that the law enforcement carried out by the Pekanbaru City Police, especially the Women and Children Protection Unit Investigators, has not been maximal in the criminal case of child neglect. The obstacle factors faced by the Police are the lack of quality and quantity of the Women and Children Unit Investigators, the lack of cooperation between victims or victims' families in providing information regarding cases of child neglect that are being processed, while the dominant factors as obstacles are community factors, economic factors. and cultural factors, and a lack of awareness in understanding the law for the community. The efforts that the authors offer in this study are to improve the quality and quantity of investigators of the women and children unit in the Pekanbaru City Police, to increase public insight regarding the importance of legal awareness in order to create justice, benefit and general welfare.Keywords : Law Enforcement - Crime - Neglect – Children
IMPLEMENTASI PASAL 5 AYAT (7) PERATURAN DAERAH KOTA PEKANBARU NOMOR 3 TAHUN 2002 TENTANG HIBURAN UMUM DI KOTA PEKANBARU Mhd Ichsan; Dessy Artina; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

One of the policies that regulate entertainment in Pekanbaru City is Regional Regulation No. 3 of 2002 concerning Public Entertainment in Pekanbaru City. Based on Article 5, paragraph 7, Regional Regulation No. 3 of 2002, it is explained about the operational timing of video games / play stations. This fact can be seen from how the government regulates public entertainment in Pekanbaru City. Types of entertainment regulated in Regional Regulation No. 3 of 2002 in its implementation there are still violations in its implementation. Therefore, it is necessary to study the first stimulant, the implementation of Article 5 paragraph (7) Pekanbaru City Regional Regulation Number 3 of 2002 concerning public entertainment in Pekanbaru City, Second, obstacles in the implementation of Article 5 paragraph (7) Pekanbaru City Regional Regulation Number 3 Year 2002 Regarding public entertainment in Pekanbaru City. Third, the efforts made by the government to curb the operational hours of public entertainment venues for video game rentals / play stations.This research is a sociological legal research, because it is based on field research, namely by collecting data from interviews, questionnaires, and literature reviews that are related to the problems to be studied assisted by primary, secondary and tertiary data. This study uses qualitative data analysis and produces descriptive data.From the results of the research, it is concluded that, first, the implementation of Article 5 paragraph 7 of Pekanbaru City Regional Regulation Number 3 of 2002 concerning Public Entertainment in Pekanbaru City has not been running optimally. Second, lack of understanding and lack of awareness of video games / play station rental owners towards Regional Regulations Number 3 of 2002 concerning Public Entertainment, Lack of control and supervision of Satpol PP Pekanbaru City, Lack of Service Officers, Third, future efforts are to conduct socialization, add personnel in controlling and supervising every video game rental / play station, optimizing supervision and giving strict sanctions video game / play station rental business actors who do not comply with entertainment operating hours. The author's suggestions are, First, Satpol PP of Pekanbaru City is expected to make effective control and cooperate with the Regional Government in increasing peace for the surrounding community, Second, to increase socialization to business actors, Third, to discuss the effectiveness of local regulations regarding video game rentals / play stations.Keywords: Implementation-Regional Regulation-General Entertainment
TANGGUNG JAWAB PERUSAHAAN ANGKUTAN TERHADAP PENGANGKUTAN BARANG MENGGUNAKAN JASA ANGKUTAN ORANG PADA PT. AYAH IBU TRANSPORT Hamzah Hamzah; Zulfikar Jayakusuma; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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The number of people who are still dependent on public transportation, the need for transportation will increasingly increase, causing more complex transportation problems, such transportation problems include transportation route licenses and regulations for these types of transportation modes are not matched by the provision of adequate public transportation, especially in terms of transportation capacity, not even a few of the public transport companies make these vehicles as service transportation and delivery of goods.This study uses a sociological juridical research method. This research was conducted in the city of Pekanbaru by taking data through interviews with PT Ayah Ibu Transport and also users of the transportation service. The collected data is analyzed qualitatively and deductive conclusions are drawn, that is, drawing conclusions from general to specific.The results of this study indicate that: First, the responsibilities of PT. Ayah Ibu Transport to the transport of goods using human transportation should have been able to be carried out by PT. Ayah Ibu Transport, because a civil engagement was born between the Bus Driver and also the owner of the goods. Unlawful Actions Bus Drivers who cause loss to the owner of the goods must be accounted for by PT Ayah Ibu Transport based on Article 1365 Civil Code, Article 193 Law No. 22 of 2009 concerning Traffic and Public Transportation and Article 19 of Law Number 8 of 1998 concerning Consumer Protection. Second, the factors that cause people to use passenger transportation services to send safekeeping goods are due to 3 (three) things, which are practical, cheaper costs and faster goods arrive. As for the advice of the author, first, To PT Ayah Ibu Transport to take control measures to the drivers who are responsible for driving the bus, so that safekeeping of goods alongside the road can no longer be done. Secondly, PT. Ladies and Gentlemen in order to use the services of PT. Ayah Ibu Transport by taking into account the provisions in force, so that losses can be minimized.Keywords: Transportation of Goods, Corporate Responsibility, Legal Protection
ANALISIS HUKUM DALAM PUTUSAN MAHKAMAH AGUNG MENGENAI PELECEHAN SEKSUAL TERHADAP ANAK DIBAWAH UMUR (PUTUSAN MAHKAMAH AGUNG NOMOR:865K/PID.SUS/2013) Eka Rosita; Dessy Artina; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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The development of science that affects the development of morality. The behavior of people who are exhibitionistic makes residents nervous because they violate the norms of decency, that is, they prefer minors who are seen as inappropriate which can damage morals and can be traumatic. In the Supreme Court Decision Number 865K / Pid.sus / 2013, there was a decision that acquitted the exhibitionist defendant for sexual abuse of minors and was also proven to have sexually assaulted by holding the child's genitals until their were blisters. However, in the Supreme Court's decision, the Judge decided that the defendant was free from all restrictions. The objectives of this thesis are; First, analysis of legal juridical and theoretical perspectives in the Supreme Court decision regarding sexual harassment of minors (Supreme Court Decision Number: 865k / pid.sus / 2013, second, a form of accountability for criminal acts of sexual harassment. This type of research used in this research is Normative Law Research. This study examines the problem according to the scope and system of the problem through a statutory approach. In this research, the principle used is the error principle, namely Monistic and Dualistic. Monistic view is a view that sees conditions, the existence of a crime must include two things, namely the nature and actions. Meanwhile, the dualistic view is one of criminal acts and criminal liability. From the research, there are two main points that can be rejected. First, from a theoretical perspective, showing off must have the ability to be responsible. Meanwhile, according to a juridical perspective, the Kebumen District Court judges did not consider the Article 44 of the Criminal Code which stipulates that a person who commits an act that cannot be accounted for cannot be convicted because he is considered insane or considered insane. Not bothered by disease. Second, in positive law in Indonesia, the form of criminal responsibility for perpetrators of sexual harassment is in the form of imprisonment and fines. This is stated in Articles 289 and 292 of the Criminal Code and Article 82 of Law Number 35 of 2014 concerning Child Protection. Author's advice, First, it is better for law enforcement officials and government agencies to add articles that regulate the Child Protection Law. The law regarding criminal liability against show-off criminals. Second, it is best if a judge in deciding a case of a criminal act of decency must give punishment to the perpetrator for not regulating his actions.Keywords: Child-Sexual-Abuse
POLITIK HUKUM PERUBAHAN STATUS PEGAWAI KOMISI PEMBERANTASAN KORUPSI MENJADI APARATUR SIPIL NEGARA BERDASARKAN PERATURAN PEMERINTAH NOMOR 41 TAHUN 2020 TENTANG PENGALIHAN PEGAWAI KOMISI PEMBERANTASAN TINDAK PIDANA KORUPSI MENJADI APARATUR SIPIL NEGARA Eka Safitri; Zulwisman Zulwisman; Mexsasai Indra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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One of the state institutions supporting bodies in the Indonesian constitutional structure system is the Corruption Eradication Commission, hereinafter abbreviated as the KPK, the presence of the Corruption Eradication Commission (KPK) To carry out the eradication of corruption, the corruption eradication commission requires the support of professional, high integrity, moral and human resources. responsible and consistent in carrying out their duties, powers and obligations in accordance with the provisions of laws and regulations. However, on July 24, 2020, Government Regulation Number 41 of 2020 concerning the Transfer of Corruption Eradication Commission Employees to State Civil Servants was enacted. This regulation came out following the issuance of Law No. 19 of 2019 concerning the Corruption Eradication Commission, but this change in the status of KPK employees has reaped pros and cons in the public because many think that this status change will interfere with the independence and performance of the KPK, because the change in the status of KPK employees to State Civil Apparatus (ASN)This research uses a typology of normative legal research or what is also called doctrinal legal research, which deals more specifically with legal principles. In this study the authors use descriptive research characteristics, because the authors describe the Regulatory Structuring of Independent State Institutions in the Structure of the Indonesian State Administration System.The results of the research conducted by the author is that this status will interfere with the independence and performance of the KPK, because the transfer of the status of KPK employees to the State Civil Apparatus (ASN) certainly makes the KPK also subject to the regulations of the State Civil Apparatus. The change of status to ASN also affects the recruitment of employees, including competency enhancement which cannot be done alone and specifically the provisions of Article 9 paragraph (1) and paragraph (2) of the PP are related to salary and benefits. Syarif explained, if it is concluded, there are three components of the salary for KPK employees based on the PP. Respectively, namely salary, allowances, and special allowances that can be given if they are still lackingKeywords: Legal politics, Independent Institutions, KP
Pengaturan Tanggungjawab Negara Terhadap Penanganan Fakir Miskin Dalam Undang-Undang Nomor 13 Tahun 2011 Dikaitkan Dengan Hak Asasi Manusia Irwansyah Eka Putra; Emilda Firdaus; Mexsasai Indra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Handling the Poor is the responsibility of the state in guaranteeing human rights in an effort to improve social welfare in Indonesia. This study aims to examine the problem of handling the poor who are made by the state in this case the government based on Law No. 13 of 2011 concerning Management of the Poor.The research method used in this thesis is normative legal research or also known as library research, namely research conducted with a normative juridical approach through the study of literature as secondary data. This study uses qualitative data analysis and produces descriptive data.The results of the study, first concluded that the regulation of state responsibility for the handling of the Poor in Law number 13 of 2011 does not guarantee human rights, because there has not been a fair and equitable social welfare condition. Second, the ideal form of regulation regarding the handling of the poor in Indonesia with the problem of poor people is dynamic and complex. Requires policies and strategies that are flexible, sustainable and based on human rights, so that the achievement of Social Welfare for the Poor.The author's suggestion, is the first need to be made changes to the Law 13 of 2011 concerning the Management of the Poor on the basis of social welfare development, social change, and rights-based. And it is hoped that going forward in the strategy of handling the Poor, it is not only focused on help, but must be accompanied by empowerment. The availability of an integrated database to be the basis for Handling the Poor so that it is right on target. Second, Requires a gradual and planned handling and evaluation and overall oversight because it is not easy to complete in a short time. Arrangements and strategies in handling the Poor by the State by following changes in the situation and conditions that develop in society can be seen from the symptoms and social change.Keywords: Poor - Human Rights - State

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