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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Articles 2,579 Documents
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Analisis Terhadap Tindak Pidana Terorisme (Studi Perbandingan Jarimah Al-Baghyudalam Perspektif Hukum Islam Dan Hukum Indonesia) Winda Wulan; Erdianto Effendi; Adi Tiaraputri
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

A criminal act of terrorism is an act committed by an individual or group with the intention of influencing or intimidating another person or group to feel insecure, uncomfortable and end in physical or non-physical destruction. The criminal act of terrorism in Islam is also called Jarimah Al-Baghyu, in the Islamic legal system it has several indicators of similarities and differences with criminal acts of terrorism are regulated in Indonesian positive law, so that the implementation of the law will also create differences. So the purpose of this study is to analyze the criminal act of terrorism in the perspective of Islamic law and Indonesian positive law, as well as the ideal concept of terrorism in the future. The method in this study using research library with normative juridical research approach. Normative legal research is carried out by examining library materials consisting of primary, secondary and tertiary materials. And data collection techniques using literature study and document study. Furthermore, the data analysis uses a comparative analysis method, namely comparing and identifying data obtained from Islamic law and Indonesian law regarding the crime of terrorism. The results of the research show that the regulation of criminal acts of terrorism, seen from its strengths, is binding comprehensively, has a good and systematic structure and there are drawbacks such as the retroactive principle, regarding the provisions of subversive issues, intelligence reports and arrests and the investigation process. And the ideal concept of criminal acts of terrorism in the future takes into account the protection of the community against anti-social acts which harm and endanger it, still by observing the objectives of the crime, namely to reduce crime and control crime, improve the perpetrator, such as rehabilitation, correctionalization and release. As well as regulating and limiting the arbitrariness of the authorities and society in general and protecting the perpetrators for acts outside the lawKeyword: Terrorism, Positive Law, Islamic Law
TINJAUAN KRIMINOLOGI TERHADAP KETERLIBATAN WANITA DALAM PEREDARAN NARKOTIKA DIHUBUNGKAN DENGAN UNDANG – UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA DI KOTA PEKANBARU Cindy Syafira; Evi Deliana; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

This research is in the form of discussing the involvement of women in narcotics circulation. Efforts to illegally distribute narcotics by using people as distribution or courier are often carried out to be able to widely distribute narcotics. This is because the development of Narcotics circulation increasingly shows the variation where in activities that are contrary to the law by involving women to become Narcotics couriers. The problem in this thesis is the factor that causes women's involvement in narcotics distribution and how prevention efforts need to be done to prevent the involvement of women in narcotics distribution and how the application of criminal acts against women as narcotics dealers based on Law Number 35 of 2009 concerning Narcotics.This research uses sociological research. Secondary data was obtained from library research which included literature books, legislation, court decisions, and others. Primary data were obtained directly from research in the field by conducting interviews and questionnaires to informants.Based on the results of research and discussion, it can be concluded that, the form of involvement of women in narcotics circulation is basically as a narcotics courier. Factors that cause women's involvement in narcotics circulation in terms of criminology are: Economic factors, where women make narcotics distribution activities as their livelihoods, environmental factors, educational factors, and factors that lack understanding of the law. Efforts undertaken by the government and law enforcement agencies are: Providing socialization to women about the dangers of narcotics, empowering women in positive activities, and also opening up employment opportunities for women and conducting law enforcement by applying maximum penalties to narcotics dealers. Judicial considerations Judge in imposing a crime against narcotics dealers according to the decision of the Pekanbaru District Court is that the Public Prosecutor's Subsidair is accused of violating the provisions stipulated and threatened with criminal offenses in Article 112 paragraph (1) of the Republic of Indonesia Law No. 35 of 2009 concerning Narcotics.Keywords: Criminology - Women - Crimes – Narcotics
ANALISIS YURIDIS PERBANDINGAN PUTUSAN PENGADILAN TERHADAP APARATUR SIPIL NEGARA DAN MASYARAKAT YANG MELAKUKAN TINDAK PIDANA DI INDONESIA Janri Aldo S; Dessy Artina; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Torture is defined as an act that is done deliberately to cause pain (pijn) for wounds (letsel) on another person's body. Others understand that persecution is "intentionally causing pain or injury, that intention must be included in the accusation letter". Persecution as a form of crime is a social problem that is difficult to eliminate in society. Persecution can occur anywhere and anytime and anyone can commit these crimes. One of them was an incident in the Meranti Islands Regency, which was carried out openly and jointly in public and resulted in the death of unscrupulous members of the Meranti Islands resort police, and clearly violated the rules of the police law. In this problem there are two main problems, namely , What is the basis for the judge's consideration in making the decision and how ideal is the criminal law against members of the Police who have committed serious acts of torture resulting in death. Based on the results of research and discussion, the authors can draw the conclusion that the factors causing the crime of persecution committed by the State Civil Apparatus in the Meranti Islands Regency are internal factors and external factors. Internal factors are factors that come from within the perpetrator, the perpetrator feels upset and emotional at the time of the incident so that the lack of self-control by the State Civil Apparatus, these emotional factors have an impact on the perpetrator to commit a crime so that there is persecution by the perpetrator against the victim. As well as the factor of lack of awareness of the existence of a code of ethics that applies as the perpetrator is a State Civil Apparatus who carries out state duties as a good example for society. External factors are factors from outside the perpetrator where economic factors, weather factors, and circumstances can also greatly influence the occurrence of crime. Keywords: Persecution, Civil Servants.
IMPLEMENTASI PEMBEBASAN BERSYARAT YANG DITERAPKAN DI RUMAH TAHANAN NEGARA KLAS II B RENGAT Hilda Febriani; Dessy Artina; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Implementation of Parole is a coaching program to integrate prisoners and correctional students into community life after fulfilling specified requirements. activities to foster correctional fostered citizens based on systems, institutions and ways of fostering which constitute the final part of the criminal justice system in the criminal justice system for fostered citizens in detention centers in the IIB Rengat state already run the proper process in the penitentiary concept to foster fostered citizens to be better. Based on this understanding, the writer of this thesis formulates two problem formulations, namely: first, how is the implementation of conditional release applied in the Class II B Rengat state prison, second, what are the obstacles in the implementation of conditional release in the class II B Rengat state prisonIn the research results there are two main problems that can be concluded. First the granting of parole which has not been fulfilled according to applicable law. These two obstacles are still obstacles for prisoners who apply for paroleThis study uses an approach. This research is a sociological legal research, which is a study of the effectiveness of existing laws or research on legal identification. This means that reviewing the state of the problem in the field is related to the legal aspects that apply in the community and governing the problem. Because in this study the writer directly conducts research at the location or place of study in order to provide a complete and clear picture of the problem under study. in terms of its nature, this research is made Descriptive, namely research that describes various facts and facts contained in social life in depth.Keywords: Implementation, Parole, Detention Center
EKSISTENSI TANAH ULAYAT PADA MASYARAKAT HUKUM ADAT KENEGERIAN GUNUNG SAHILAN DAN PENGELOLAANNYA DI KECAMATAN GUNUNG SAHILAN KABUPATEN KAMPAR Muhammad Shofi; Maryati Bachtiar; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

Land has a very close relationship with humans. The existence of customary rights shows that customary rights have a place and recognition from the State as long as in reality they still exist. The adat community of Gunung Sahilan village, Gunung Sahilan sub-district, Kampar district, is one of the indigenous communities that has a customary land conflict. With regard to the use and management of customary lands in the area of the indigenous communities of Gunung Sahilan village, Gunung Sahilan sub-district, Kampar regency there should be coordination with ninik mamak. but in reality, the role of ninik mamak is no longer applied.This type of research can be classified in the type of sociological (empirical) legal research, because in this study the authors directly conduct research at the location or place of study in order to provide a complete and clear picture of the problem under study.This research was carried out in the Sahilan Darussalam region, Kampar Kiri Kampar Regency, because the location of the Gunung Sahilan Kenegerian Customary Institution, while the population and sample were the Gunung Sahilan Kenegerian Customary Institution, Ninik Mamak, the Sahilan Darussalam Customary Density, the Sahillan Darusalam Village Head and the Indigenous Peoples kenegerian Sahilan Darussalam. Data sources used are primary data and secondary data. Data collection techniques in this study were interviews, questionnaires, and literature review. The conclusions that can be obtained from the results of the study are: First, the management of customary land in indigenous peoples in Kenegerian Sahilan Darussalam, Sahilan District, Kampar Regency has begun to fade with the times and has started not referring to the provisions in the customary law of indigenous peoples in Kenegerian Sahilan Darussalam, Sahilan District, Kampar Regency.Keywords: Existence, Landslides, Indigenous Peoples, Kenegerian Mount Sahilan
KONTRIBUSI FATWA MAJELIS ULAMA INDONESIA DALAM PEMBENTUKAN HUKUM POSITIF DI INDONESIA Ilham Hanafiah Damanik; Mexsasai Indra; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

The Republic of Indonesia is a constitutional state, where all actions and behavior mustbe based on law. Muslims in Indonesia often face problems due to technological advancesand times that require legal certainty in accordance with Islamic law. In order to deal withthis problem, the Indonesian Ulema Council as an institution engaged in the field of religionas well as a government partner provides answers through fatwas. Fatwas in positive lawoccupy a position as a source of law and cannot be enforced. Therefore, fatwas must betransformed into positive law.This type of research is normative research, where this research uses a researchmethodology of the legal principles that exist in the formation of legislation, namely theprinciple of openness and the principle of legal certainty. The data source used wassecondary data, with the literature review method, after the data was collected then analyzedto draw conclusions.From the research results, it is concluded that, First, the Indonesian Ulema Council isnot a state institution, it is in the infrastructure element (the socio political sphere), moreprecisely non-governmental organizations (NGOs). Second, the contribution of the MUI fatwain the formation of positive law in Indonesia is quite influential, this can be seen by the birthof various kinds of laws and regulations whose source comes from the MUI fatwa itself,considering the MUI fatwa in Islamic law as a source of law and in positive law in Indonesiacan be categorized as a source of law in the form of legal or religious doctrine / opinion.Keywords: Positive Law - Fatwa - Indonesian Ulema Council
ANALISIS YURIDIS PERATURAN DAERAH NOMOR 2 TAHUN 2017 TENTANG PARIWISATA HALAL DI KABUPATEN SIAK Egy Wahyudi; Dessy Artina; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Halal tourism is a tourist visit activity with tourism destinations and industries that prepare product, service and tourism management facilities that meet the elements of sharia. With this Islamic tourism, the world community is introduced to the nobility and greatness of Islamic culture. Therefore, this thesis discusses how the juridical analysis of Regional Regulation Number 2 of 2017 concerning Halal Tourism in Siak Regency? and what is the ideal arrangement regarding Halal Tourism in Siak Regency?. This type of research can be classified in the type of normative legal research. In this normative legal research, the author is interested in conducting research using the criteria of legal history and legal comparisons. Sources of data used, namely: secondary data in the form of primary legal materials, secundr legal materials and tertiary legal materials. The data collection technique in this research is literature review. Data analysis was carried out qualitatively, namely the data obtained did not use statistics or mathematics or the like. The conclusions of this study are firstly, Regional Regulation Number 2 of 2017 concerning Halal Tourism in Siak Regency has shortcomings and weaknesses because it does not include content material regarding sanctions so that it affects its implementation and causes Regional Regulation Number 2 of 2017 concerning Halal Tourism in Siak Regency not yet. effectively implemented as it should. Meanwhile, the purpose of the sanctions is to regulate community non-compliance, so that people obey the applicable law. Second, regulations regarding halal tourism must be in accordance with sharia principles in terms of legal regulations and their application. Alignment of legal rules accompanied by implementation in accordance with the provisions is a way of realizing halal tourism that is based on sharia principles and is carried out with sharia principles. Therefore it is necessary to include strict sanctions in Regional Regulation Number 2 of 2017 concerning Halal Tourism in Siak Regency, so that the ideal regulations related to the implementation of Halal Tourism in Siak Regency are realized. The author's advice, namely to the government as the maker of laws and regulations to revise Regional Regulation Number 2 of 2017 concerning Halal Tourism in Siak Regency, which includes strict sanctions so that ideal regulations are realized related to the implementation of Halal Tourism in Siak Regency. Keywords: Halal Tourism - Regional Regulations - Siak Regency.
REKAMAN CLOSED CIRCUIT TELEVISION (CCTV) SEBAGAI ALAT BUKTI DALAM TINDAK PIDANA KORUPSI SETELAH KELUARNYA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 20/PUU-XIV/2016 Renhard Pebrian; Erdianto Effendi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

The number of defendants in corruption cases that were decided freely by the general court or district court was based on various reasons, one of which was that the criminal act of corruption charged with the defendant was not proven. Admittedly, corruption is an offense whose proof can be said to be very difficult. Many aspects must be fulfilled in order to truly prove that a defendant has committed a criminal act of corruption. Proof of corruption is considered more difficult than other criminal acts. For that we need an extraordinary effort also in proving it. One of them can use evidence in the form of Closed Circuit Television (CCTV).This type of legal research is normative legal research that focuses on synchronizing law. Meanwhile, if seen from the nature of this research is descriptive. This study uses secondary data that is ready-made data. Activities undertaken in collecting data in this study are the study of documents or library materials.The results of this study are The use of CCTV in cases of criminal acts of corruption according to several court decisions prior to the Constitutional Court decision Number 20 / PUU-XIV / 2016 that in the Criminal Procedure Code in Article 184 only states that valid evidence is witness testimony, expert testimony, letters, instructions and statements of the defendant. . Apart from the evidence tools mentioned above, according to the Criminal Procedure Code it is not justified to be used as evidence to prove the guilt of the accused. However, in Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions, the use of CCTV footage can be used as valid evidence. Likewise in the Law of the Republic of Indonesia Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Corruption Crime that legal evidence for criminal acts of corruption can also be obtained from other evidence in the form of pronounced information, sent, received or stored electronically by an optical device or similar device. This interpretation also applies even though there are no electronic information phrases or words and / or electronic documents found. The use of CCTV in cases of criminal acts of corruption according to several court decisions after the Constitutional Court decision Number 20 / PUU-XIV / 2016, namely the provision of a lex specialist regarding the use of digital evidence in the form of the use of CCTV, which can be used as valid evidence in the proving process. a criminal act of corruption, which is an extension of evidence by fulfilling the following matters, namely: 1) The act of recording with CCTV must be known and approved by the person to be recorded, by notifying that the place or room has been installed or equipped with a CCTV camera . 2) The CCTV footage to be used as evidence must be in its original form, not edited.Keywords: CCTV recordings, evidence, corruption
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENIPUAN DENGAN MODUS ELECTRONIC CASH DI KEPOLISIAN RESOR KOTA PEKANBARU Muhammad Yodi Pinto; Dessy Artina; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Online fraud is a crime that often occurs in society, due to the development of technology and information science in the current era of globalization. Especially online fraud with the e-cash mode in which the seller is disadvantaged, where the seller is the one who commits the fraud by taking advantage of the internet banking system. However, until now, law enforcement against online fraud crime has not yet found common ground in revealing the identity of the fraudster, and if allowed to do so, the number of online fraud crimes, especially with the e-cash mode, will increase.This type of research is a sociological legal research, because in this study the author directly conducted research at the location or place studied in order to provide a complete and clear picture of the Pekanbaru City Police, while the population and sample were all parties related to the problems studied in This research, the data sources used, primary data, secondary data and tertiary data, data collection techniques, in this study with interviews and literature study. From the research, there are two main points that can be concluded. first, law enforcement against online fraud using the e-cash mode in the Pekanbaru Police jurisdiction. The two obstacles encountered in law enforcement against online fraud using the e-cash mode in the Pekanbaru Police jurisdiction are in the form of internal factors and external factors. The author's suggestion, first, law enforcement officials should have made preventive efforts by disseminating online fraud that is rife, especially with the e-cash mode by the Pekanbaru Police. Intensive repressive enforcement, namely by creating a special team to take action against perpetrators of online fraud crimes. The police must be more active in terms of law enforcement, that is, not only focusing on reports on law enforcement. Law enforcement officials should have added more specialized personnel to uncover perpetrators of online fraud cases in order to reduce online fraud crime with a similar mode.Keywords: Law Enforcement- Online Fraud Crime Using E-Cash Mode
PERLINDUNGAN HUKUM TERHADAP HAK-HAK EKSPORTIR DALAM PERMBAYARAN TRANSAKSI EKSPOR IMPOR MENGGUNAKAN OPEN ACCOUNT Fikri Al Mansur; Firdaus Firdaus; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Import and export is a form of economic relations between countries in the world. Import Export Transactions are simple international trade transactions which is buy and sell goods between entrepreneurs who are located in different countries. Exports are carried out by sellers in Indonesia, while imports by sellers abroad. So, import and export is the act of sell and buy by the seller to the buyer.In the practice of trading, most UMKM in Indonesia in international trade transactions use the open account payment method. The open account payment method was chosen because importers and exporters who have been trading for a relatively long time have known each other and have full mutual trust in the credibility of the importer, for exporters and importers payment method in this way is considered simple because it does not require varying documents, and reduces processing costs documents when compared to other payment methods.Open account payment method there is a risk for exporters, when the ordered goods have been sent to overseas buyers while the buyer does not make the payments for any reasons or the buyer is late in making payments causing losses for the exporter. Exporters depend entirely on financial flexibility, and the reputation of the importer to fulfill his obligations.The purpose of this study to find out how the legal protection of the rights of exporters who make payments for import export transactions using an open account and how to resolve the law if there is a breach of contract by the importer. The legal protection of the rights of exporters in payment of export and import transactions through an open account, at the initial stage of the transaction a sales contract is made, which contains state jurisdiction as the basis for choice of law in the event of a dispute. An empty law to organize the protection of exporters in payment of international trade transactions is an important homework for the government. Legal settlement in the breach of contract by the importer can be resolved peacefully, diplomatically (negotiation, fact finding, good services, mediation and conciliation) and by the law (International Arbitration and International Court of Justice).Keywords: Export, Import, Payment, Open Account.

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