cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
-
Contact Email
-
Phone
-
Journal Mail Official
-
Editorial Address
-
Location
Kota pekanbaru,
Riau
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
 192   193   194   195   196 
TINJAUAN YURIDIS TERKAIT STATUS PEROLEHAN SUARA CALON ANGGOTA LEGISLATIF TERPILIH YANG MENINGGAL DUNIA (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 57 P/HUM/2019 Sri Rahma Yanti; Emilda Firdaus; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The Elected Legislative Member Candidate who dies is essentially replaced by the owner of the next most votes. The provisions governing the matter are contained in Article 422 and Article 426 paragraphs (1) and (3) of Law Number 7 of 2017 concerning General Elections. The purpose of writing this thesis: First, to find out the legal considerations of the Supreme Court Number 57 P/Hum/2019 which states about the status of the votes acquired by the elected legislative candidates who died. second, to find out the legal perspective of the general election regarding the legal considerations of the Supreme Court Number 57 P/Hum/2019. The author conducts research using normative juridical methods or literature studies in order to obtain secondary data, namely by studying and analyzing comparatively descriptive laws and regulations with theories that have a relationship with the problems studied.From the results of this study, there are two main things that can be concluded: First, the legal considerations in the Supreme Court Decision Number 57 P/Hum/2019 contradict the contents of Article 422, Article 426 paragraphs (1) and (3) of Law Number 7 Year 2017 concerning General Elections. Second, Based on the Perspective of Election Law in Law Number 7 of 2017 concerning General Elections, it is stated that those who replace the elected Legislative Member candidates who die are based on the majority of votes.The author's suggestion is that the Supreme Court as one of the actors of judicial power in the case of the application for the right to judicial review is to pay more attention to the applicable laws and regulations in providing legal considerations. So that in the future the parties involved in the case, namely the applicant and the respondent, do not result in misunderstanding the decision or causing errors. Legislation under laws such as PKPU relating to the issues discussed above in order to pay more attention to laws and regulations that have a higher position, namely in this study Law Number 7 of 2017 concerning Elections. As well as paying attention to matters including the rights of election participants, namely political parties which have also been stated in Law Number 2 of 2008.Keywords: Juridical Review – Voting Status – Legislative Candidate
PERTANGGUNGJAWABAN KORPORASI TERHADAP TINDAK PIDANA SUAP BERDASARKAN UNDANG-UNDANG NOMOR 20 TAHUN 2001 TENTANG PERUBAHAN UNDANG-UNDANG NOMOR 31 TAHUN 1999 TENTANG PEMBERANTASAN TINDAK PIDANA KORUPSI Nadya Alika Jely; Erdianto Effendi; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Corporate criminal action in the case of bribery offense, basically is an act that is carried out by directors and / or corporate employees, at every level that carries out their duties and functions and can represent the corporation, which can result in criminal liability. Both to the corporation and together with its employees personally, criminal liability can be held. The modus operandi of bribery is carried out directly and indirectly in various forms. The reason and the purpose of corporations to make bribes is to maximize profits and survive global competition, as well as the reasons for extortion carried out by certain officials, officials or bodies or protection of corporations that conduct illegal business. This bribery crime is regulated in Law Number 20 of 2001 concerning Amendment of Law No. 31 of 1999 concerning Eradication of Corruption. This research uses the typology of normative legal research or also called doctrinal legal research, which more specifically discusses the principles of legal law. In this study the authors used the nature of descriptive research, because the authors describe the Corporate Liability Against Bribery Based on Law No. 31 of 1999 Concerning Eradication of Corruption.The results of the research conducted by the author are, Corporations must be held liable for criminal liability because the corporation as the maker and at the same time responsible is because the profits obtained by the corporation or the losses suffered by the public can be so great and the bribery crime by the corporation has the main motive is in the interests of the corporation itself and can be another source of crime. Judges should impose additional criminal sanctions on corporations as stipulated in Article 18 of Law Number 20 of 2001 concerning Amendment of Law Number 31 of 1999 concerning Eradication of Corruption, there are various obstacles, including the problem of proving mistakes in imposing crimes and absence of additional crimes.Keywords: Liability - Corporation- Criminal Act - Bribe
POLITIK HUKUM PEMBATASAN USIA CALON KEPALA DAERAH BERDASARKAN PASAL 7 AYAT 2 E UNDANG-UNDANG NOMOR 10 TAHUN 2016 TENTANG PERUBAHAN KEDUA ATAS UNDANG- UNDANG NO 1 TAHUN 2015 TENTANG PENETAPAN PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG NOMOR 1 TAHUN 2014 TENTANG PEMILIHAN GUBERNUR, BUPATI, DAN WALIKOTA MENJADI UNDANG-UNDANG Yosua Manurung; Mexsasai Indra; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Political rights in relation to the preservation of state life, in article 7 paragraph 2 E Law, Number. 10 '' The year 2016 reads that every person who wants to nominate a regional head must be at least 30 (thirty) years old for the candidate for Governor and candidate for Deputy Governor, 25 (twenty five) Years for the candidate for Regent and candidate for Deputy Regent as well as for the candidate for Mayor and candidate for Deputy Mayor ''. There is a related gap in article 7 paragraph (2) huru e of the Law on Regional Head Elections which contradicts Article 28 J of the 1945 Constitution which contains restrictions on the rights of citizens, but with the intention of guaranteeing recognition and respect for the rights and freedoms of others and fulfilling demands that are just, according to considerations of moral, religious values, security and public order in a democratic society.This type of research is normative research. namely research conducted by means of library materials or secondary materials. In this case the researcher conducts normative legal research which discusses legal principles, in the form of an effort to discover basic philosophical principles. In this case, the researcher discusses the political age limit in the candidacy of regional heads based on statutory regulations. This research is conducted by examining secondary materials or research based on standard rules that have been recorded, also known as literature studies.In the results of the research, there are two points that can be concluded. First, the Legal Politics of determining the Age Limit for candidates for Regional Head in Law No. 10 of 2016 that in order to become a regional head, a person is required to meet the requirements including the minimum age limit to become a regional head, which basically means that the elected regional head will have knowledge and ability as regional leaders able to think and act and behave by prioritizing the interests of the nation, state and society. Second. for someone to serve as a public official, a leader is needed who has intellectual, high social sense, politeness, innovative, creative, and able to make the right decisions wisely to solve a problem that occurs. in this case the authors argue that at the age of 21 years.Keywords: Legal Politics - Age Limitation - Regional Head Candidates
PENEGAKAN HUKUM TERHADAP TINDAK PIDANAPENGANIAYAAN DI KABUPATEN KUANTAN SINGINGI DALAM PERSPEKTIF HUKUM PIDANA DAN HUKUM ADAT
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Criminal acts of "violence" whether committed by individuals or carried out together or in groups that can disturb public order can even disturb society. It seems that awareness to respect one's human rights and love for fellow human beings is diminishing or their growth is not as expected so that the behavior of "doing good" for others and others is increasingly invisible. The formation of crimes against the human body is referred to the protection of the legal interests of the body from actions in the form of attacks on the body or parts of the body that cause pain or injury, even because such injuries to the body can cause death. The torture is regulated in article 351 of the Criminal Code. In the Criminal Code this is called "persecution" but the Criminal Code itself does not contain the meaning of the persecution. Persecution in the Big Indonesian Dictionary contains meaning of arbitrary treatment. The definition of persecution contained in the Big Indonesian Dictionary is the meaning of broad meaning, including those involving feelings or the mind. Persecution referred to in criminal law is related to the human body. criminal fines imposed on perpetrators of criminal acts of persecution in the customary criminal law are intended to restore the (magical) balance that is disturbed by acts contrary to customary law.This type of research can be classified into sociological juridical research where the research tests the effectiveness of the current law. This sociological legal research is a type of research that is viewed from the purpose of legal research. Sociological or empirical legal research consists of legal identification (unwritten) and research on the effectiveness of the law. From the results of the study there are 2 main problems that can be concluded. First, the factors that cause the crime of maltreatment committed by adolescents in Kuantan Singingi Regency are due to sexual misconduct that occurs among adolescents as well as the lack of supervision conducted by parents to their children.Keywords: Abuse - Violence - Criminal Acts - Customary Law.
TINJAUAN LARANGAN KEPEMILIKAN HAK PRIBADI ATAS LUAS TANAH PERTANIAN YANG MELEWATI BATAS KEPEMILIKAN DI KECAMATAN TEBING TINGGI TIMUR KABUPATEN KEPULAUAN MERANTI
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Indonesia is an agricultural country, land is an absolute thing that must be owned by an agrarian society. The importance of land for human life is because every human being needs land because there are no activities or activities of people who do not need land. Land contains various kinds of natural resources that can be utilized by humans. Land is one of the main sources for the survival and livelihood of the nation. Therefore, land is a basic need for every human being. With the rapid population growth, it can cause land to be scarce and limited in achieving the prosperity of the people, which is divided fairly and evenly, for the welfare of the people, the land has the potential to be cultivated or used to fulfill real needs by improving agriculture. In this regard, the provision, designation, control, use and maintenance of them need to be regulated in order to guarantee legal certainty in their control and utilization and at the same time legal protection for the people at large, especially the farmers, while maintaining the sustainability of their ability to support sustainable development activities.The research conducted was sociological juridical legal research. Research conducted directly to respondents as the main data. This research requires primary data as the main data supported by secondary data consisting of primary and secondary legal materials and tertiary legal materials. The results showed that the factors causing large-scale land ownership are the lack of legal awareness of the community, law enforcement factors, facilities and infrastructure factors and economic factors. For this reason, the Land Office has made efforts to overcome the occurrence of large-scale land ownership in Tebing Tinggi Timur Subdistrict, Meranti Islands Regency, by carrying out law enforcement. Furthermore, to prevent large-scale land ownership, it is necessary to coordinate between the Land Office and related agencies, namely the Camat, the Village Head and the Bapoktan. In addition, the current provisions prohibiting large�scale land ownership still need to be reviewed to adapt to current developments and community needs. Keywords: Privately Owned Land Beyond The Boundary
TINJAUAN TENTANG PELAKSANAAN PERJANJIAN ANTARA PT. OYO ROOMS INDONESIA DENGAN DAVONSA HOMESTAY DI JALAN LEMBAGA PEMASYARAKATAN KOTA PEKANBARU
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Technology and information through applications make it easier for consumers and business owners to meet their desired needs. In this case Davonsa Homestay in cooperation with PT. OYO Rooms Indonesia is a third party application that makes it easier for consumers to find accommodation. However, several problems arose between the PT. OYO Rooms Indonesia in implementing the agreement, with business owner Davonsa Homestay. Based on the above, the draftsman formulates several problems in this study, including: How is the agreement between PT.OYO Rooms Indonesia implemented with Davonsa Homestay? and how the rights and obligations of the parties are to be fulfilled in implementing the agreement between PT. OYO Rooms Indonesia and Davonsa Homestay?The research method or approach used by the author is sociological legal legal research. By sociological legal research, it is meant an approach that looks at the legislative perspective and the realities that arise in the field. Sources for research data are primary and secondary data with descriptive qualitative data analysis methods.The results of this study suggest that the form of a cooperation agreement between PT. OYO Rooms Indonesia with Davonsa Homestay is a standard (standard) where the clauses are set by PT. OYO Rooms Indonesia. In this way, PT. OYO Rooms Indonesia prevents Davonsa Homestay from assuming a profitable negotiating position. And also many problems were found between Davonsa Homestay and PT. OYO Rooms Indonesia. Among other things, PT. OYO Rooms Indonesia is an insufficient reconciliation payment, which means that PT's monthly report matches OYO Rooms Indonesia with monthly reports of Davonsa Homestay, an irrevocable agreement and the waiver of Article 1266 of the Civil Code upon termination of the agreement.Keywords: Cooperation Agreement – Provision of Lodging Services – Rights and Obligations
TINJAUAN YURIDIS TERHADAP PERLINDUNGAN PENGGUNA GO-JEK YANG DIRUGIKAN TERKAIT PERETASAN DATA PRIBADI MELALUI APLIKASI GOJEK
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Consumers who need products often before they start making transactions are required to provide complete information about their identity or company (if the consumer is a company). There are at least two potential risks that befall Go-jek users, among others, are the risk of consumer data security and the risk of transaction errors. From the background of the problem, the formulation of the problem was born, namely, first How is the legal protection against Go-jek users who are harmed in connection with the hacking of personal data through the Go-Jek application account? Second, How can consumers resolve efforts related to hacking personal data?This research is a type of research that is normative, which more specifically discusses the principles of law. Research on the principles of law aims to find the legal principle of the application of a positive law. The approach used is the approach of legislation, which is an approach that is carried out by studying all laws and regulations related to the problems (legal issues) that are facing. In this study, the data source used is secondary data with primary, secondary, and tertier legal materials conducted by way of literature studies.From the results of the research obtained that, first, the protection of gojek consumer law is based on legislation, namely; Law No. 8 of 1999 on Consumer Protection on the principles of benefits, balance, justice, security and certainty realized by the form of accountability by gojek parties. In addition, the legal protection of gojek consumers is also based on Law No. 11 of 2008 on Information and Electronic Transactions, regulation of the Minister of Communication and Informatics Number 20 of 2016 concerning the Protection of Personal Data Through Electronic Systems. Second, legal consequences of hacking, namely not fulfilling consumer rights, liability for compensation for business actors, sanctions and disputes. The author's advice, in order to better maintain personal data in media accounts, businesses further improve the security of their electronic systems and the government to immediately issue specific regulations related to the protection of consumer personal data.Keywords: Personal Data-Protection-Consumer Go-Jek
PERTANGGUNGJAWABAN EMITEN TERHADAP KERUGIAN INVESTOR AKIBAT KELALAIAN EMITEN YANG MENGAKIBATKAN PENGHENTIAN SEMENTARA PERDAGANGAN EFEK
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

One of the problem that often occurs at Stock Market is a lack of protectiontowards Investors due to The Isser’s negligence that causing loss for Investors, especially when due that negligence causing Stock Exhange Suspension at Stock Market.This research is a normative research. This research is done by studying all the laws and regulations that related to tyhe main issue of the problem. On this research, approaching method that used is a descriptive method.The rsult of the study shows how is the rights and obligations between The Issuer and The Investors, also how is The Issuer’s responbility towards Investors loss due to The Issuer negligence that causing Stock Exhange Suspension at Stock Market. First, according to article 54 and 55 of KUHD, is just briefly explain Investor’s voting rights due to their Stock Ownership and The Issuer’s obligations to make the report abaout profit and loss. Then according to article 51 of UU PT, Investor have rights to file a lawsuit, ask The Issuer to buy Investors stock and ask General Meeting of Shareholders (RUPS) to be held. The Issuers responbility due to Investors loss written at UU PT, UU PM, and UU OJK which don’t explain too much about The Issuer’s accountability. From this research, it can be concluded that the regulations about the rights and obligations between The Issuer and Investors included at some laws, but it’s not describing enough, especially abot The Issuer’s accountability towards Investor’s loss due to Stock Exhange Suspension, which explain that there is an urgent needs for a main Law and Regulations abaout Stock Market in Indonesia.Keywords : Issuer – Investors - Responbility – Stock Exhange Suspension
ANALISIS TERHADAP PERLINDUNGAN HAK CIPTA ATAS NOVEL YANG DIBAJAK DAN DIPERJUALBELIKAN DALAM BENTUK BUKU ELEKTRONIK ( E-BOOK ) DI MEDIA SOSIAL
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Duplicate a book into an electronic book or e-book is an exclusive right owned by the creator or copyright owner of the book, therefore. Currently there are many irresponsible people who have duplicated or pirated and sell electronic book versions of novel literature without first asking permission from the author on social media.In accordance with the regulations of the Civil Code, Law Number 28 of 2014 concerning Copyright, and other related laws where violations in the field of copyright of literary works of e-book novels are given strict sanctions The purpose of writing this thesis is, firstly, to find out the forms of harm to novel piracy in the form of e-books on social media and secondly, to find out the resolution efforts that can be made by the copyright owner of the hijacked novels and traded in the form of e-books on social media.This type of research is sociological legal research. This research is more specific to seeing the law in a real sense and examining how the law works in society by analyzing various literatures related to the problem being studied. The research was conducted in Pekanbaru City and on social media Instagram, while the population and sample were Dee Lestari as the author and owner of the Copyright, Instagram account @ebook.squad, and consumers. Data sources used, primary data and secondary data, data collection techniques in this research with interview observation and literature study.From the results of this research, it can be concluded, firstly, the user in the form of an e-book has violated the Moral and Economic Rights of the Copyright Owner because it caused moral and economic losses by making copies without the permission of the Copyright owner and making profits by trading on social media. Second, settlement efforts that can be made by copyright enforcers for hijacked novels and trading in the form of e-books on social media can use two ways.Keywords: Copyright, Piracy, E-book.
TINJAUAN YURIDIS TANGGUNG JAWAB NEGARA PENERIMA DALAM TINDAK PIDANA PERDAGANGAN ORANG BERDASARKAN UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME PALERMO 2000 (Studi Tentang Perdagangan Tenaga Kerja Indonesia Ilegal Melalui Situs Daring Carousell Singapura)
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Human trafficking as an transnational organized crime is giving responsibilityfor the state not only to punish the perpetrators,but also for victims of trafficking inperson. The form of responsibility of the Receiving States of victims of trafficking underthe Palermo Convention 2000 is to provide assistance and protection to victims while intheir territory. Placement of TKI abroad is one mode that can be applied byirresponsible individuals to ensnare victims. One of the cases that has occured istrafficking in illegal TKI through the Singapore's Carousell online site.The type of research conducted is normative-juridical research on systematic oflaw, which is to identify the basic understanding or basis of rights and obligations,legal events, legal relations, and legal objects. In this research, data source used issecondary data with primary law material, secondary, and tertiary law material whichdone by library research.From the result of the research it is found that, first Singapore is responsible fordisciplining its citizens in order to prevent the existence of perpetrators and victims oftrafficking in persons. Second, Indonesian regulations have sufficiently fulfilled therights of assistance and protection for victims of trafficking. While Singapore'sregulations regarding this matter are considered not sufficient to meet the provisions ofthe convention, such as the right to obtain information, physical security, compensation,and also the return of victims of trafficking.Keywords: States Responsibility-Trafficking in person-Transnational OrganizedCrime-TKI

Page 194 of 258 | Total Record : 2579

 192   193   194   195   196 

Filter by Year

2014 2024


Reset
Filter By Issues
All Issue Vol 11, No 2 (2024): Juli - Desember 2024 Vol 11, No 1 (2024): Januari - Juni 2024 Vol 10, No 2 (2023): Juli - Desember 2023 Vol 10, No 1 (2023): Januari - Juni 2023 Vol 9, No 2 (2022): Juli - Desember 2022 Vol 9, No 1 (2022): Januari - Juni 2022 Vol 8, No 2 (2021): Juli- Desember 2021 Vol 8, No 1 (2021): Januari - Juni 2021 Vol 7, No 2 (2020): Juli - Desember 2020 Vol 7, No 1 (2020): Januari - Juni 2020 Vol 6, No 2 (2019): Juli - Desember 2019 Vol 6, No 1 (2019): Januari -Juni 2019 Vol 5, No 1 (2018): Wisuda April 2018 Vol 5, No 1 (2018): Wisuda April 2018 Vol 5, No 2 (2018): Juli - Desember Vol 5, No 2 (2018): Juli - Desember Vol 4, No 2 (2017): Wisuda Oktober 2017 Vol 4, No 2 (2017): Wisuda Oktober 2017 Vol 4, No 1 (2017): Wisuda April 2017 Vol 4, No 1 (2017): Wisuda April 2017 Vol 3, No 2 (2016): Wisuda Oktober 2016 Vol 3, No 2 (2016): Wisuda Oktober 2016 Vol 3, No 1 (2016): Wisuda Februari 2016 Vol 3, No 1 (2016): Wisuda Februari 2016 Vol 2, No 2 (2015): Wisuda Oktober 2015 Vol 2, No 2 (2015): Wisuda Oktober 2015 Vol 2, No 1 (2015): Wisuda Februari 2015 Vol 2, No 1 (2015): Wisuda Februari 2015 Vol 1, No 2 (2014): Wisuda Oktober 2014 Vol 1, No 2 (2014): Wisuda Oktober 2014 Vol 1, No 1 (2014): Wisuda Februari 2014 More Issue