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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
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PENGATURAN KEDUDUKAN SAHABAT PENGADILAN DALAM SISTEM PERADILAN PIDANA INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

A court decision is decided by a panel of judges, in accordance with the contents of Article 5 paragraph (1) of Law Number 48 of 2009 concerning Judicial Power if deciding on a case the judge is obliged to explore, follow and understand the legal values and the sense of justice that live in society. Justice that lives in community life becomes an opening for a person, group of people or organization that does not act as a party in a case but has an interest in or has an interest in submitting the amicus curiae. Amicus curiae is a term in the legal tradition which means “friend of the court”. Amicus curiae's statement is therefore a written statement from a third party expressing his opinion on certain matters in an ongoing legal process. Amicus curiae is only limited to providing opinion, and not fighting. Amicus curiae's position should be clearly explained in the law, because amicus curiae can help judges decide a case appropriately and fairly.This legal research is a normative legal research. Normative legal research is legal research conducted by examining library materials or secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. Normative legal research is also called doctrinal legal research, also referred to as library research or document studies. In this study the authors conducted research on the history of lawThe results of the research conducted by the author are, firstly, it is known that the arrangement of court friends in the criminal justice system is still not specifically regulated where the explanation and procedure for filing a court friend has not been explained in the Criminal Procedure Code and the criminal justice system, people and bodies that have filing a court friend on the basis of the provisions of Article 5 paragraph 1 of Law No. 48 concerning judicial power and if the judge requests it it will be based on the basis of Article 180 paragraph 1 of the Criminal Procedure Code. Furthermore, it is known and applied to the position of court friends in the process of proving a criminal case, even though the court does not yet have clear arrangements regarding the sound of the evidence submitted by court friends both from the law and the Criminal Procedure Code.Keywords: Position-Friends of the Court-Justice System
Tinjauan Yuridis Terhadap Gesek Tunai Pada Kartu Kredit Sebagai Alat Pembayaran
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Abstract

Cash swipe is a practical way to deal with the high cost of withdrawals at ATMs. Becausewithdrawing credit card cash from an ATM machine will be exposed to a very high interest expense,whereas if the credit card holder does cash swipe at the merchant the fee that will be charged to the cardholder is only 3% for each transaction. In the city area of Pekanbaru itself there are many shops thatprovide cash swipe services. Since the issuance of the latest PBI regulation governing credit cards, namelyPBI Number 14/2 / PBI / 2012 concerning the Implementation of Card-Based Payment Instruments, the useof credit cards other than as a means of payment is expressly prohibited by Bank Indonesia. The purpose ofwriting this thesis, namely; First, to find out the causes of the practice of cash friction is still mostly done inthe community, Secondly, to find out the legal consequences of the practice of cash friction using creditcards.This type of research can be classified in the type of sociological juridical research, because in thisstudy the author immediately conducted research at the location or place under study in order to provide acomplete and clear picture of the problem under study. This research was conducted in the area ofPekanbaru City, while the population and samples were all parties related to the problems examined in thisstudy, data sources used, primary data, secondary data, and tertiary data, data collection techniques in thisstudy with interviews, questionnaire, and literature review.Based on the results of the research problem, there are two main things that can be concluded.First, many of the causes of cash swift practice are still carried out by the community, such as; fees chargedto cardholders are cheaper; no withdrawal limit; places that receive cash swipe services can be easilyfound. Second, the regulations issued regarding the prohibition to conduct cash swipe transactions arecontained in PBI No. 11/11 / PBI / 2009 as amended by PBI No. 14/2 / PBI / 2012. If violating will besubject to administrative sanctions. The author's advice, First, should the card holder avoid withdrawal offunds through cash swipes. Second, the merchant is expected to be honest in doing business. Thirdly, thebank that issues katu is expected to comply with the rules and educate merchants about the ban on providingcash friction services, fourth , BI is expected to increase the supervision and control of credit card issuingbanks so there will be no more abuse in using credit cards.Keywords: Swipe Cash - Credit Card - Payment Tool
PEMBATASAN HAK MANTAN NARAPIDANA UNTUK MENJADI APARATUR SIPIL NEGARA DIKAITKAN DENGAN HAK ASASI MANUSIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

As we have encountered in the community life, there are so many exconvictswho are not considered as even isolated in their own environment, thelaw that should be an objective of improvement and prevention of acts that are notgood in its application becomes a reversal of the law, Human Rights and theBasic Law The year 1945 seemed out of sync with the real life, which should havecreated a sense of justice, equality, and civilization. The purpose of writing thisthesis, namely: First, to find out the impact of imprisonment on the rights of exconvictsto become State Civil Apparatus. Second, to find out the appropriatenessof the limitation of the rights of ex-convicts to become a State Civil Apparatuswith Human Rights.This type of research is normative legal research, because in this study theauthors conducted research in legal synchronization, data sources used,secondary data, primary data and tertiary data, data collection techniques in thisstudy with the literature review method.From the research results there are two main problems that can beconcluded. First, the Impact of Criminal Enforcement on the Rights of FormerPrisoners to Become a State Civil Apparatus, If the convicted person hascommitted a crime in accordance with the sanctions given to him, then theconvicted person becomes an ordinary person / legal subject whose rights andobligations must be returned. The purpose of criminal law is the imposition ofsanctions imprisonment for violations of criminal law in order to return to being arespected member of society by carrying out imprisonment with a penal systemregulated in the Penitentiary Act. Second, the limitation of the rights of exconvictsto become the state civil apparatus is very contrary to human rights, howcan they not, whereas the rights of everyone are highly guaranteed in humanrights, human rights have been regulated in the 1945 Constitution both in thepreamble as well as its torso, affirming that every citizen is equal in law andgovernment, and must uphold the law and government with no exceptions.Keywords : Human Rights – Criminalization - Convict
GAGASAN PENERAPAN SANKSI TINDAKAN TERHADAP ANAK PELAKU PROSTITUSI DALAM PEMBAHARUAN HUKUM PIDANA DI INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Indonesia is currently not only facing the dangers of prostitution perpetrated by adults, but also child prostitution. The practice of prostitution of minors is very concerning. General regulations that have been enacted in the Criminal Code, which are nationally binding, but cannot provide clear sanctions for prostitution of minors. Furthermore, the aims of this research are: first, to find out the reasons for the need to apply action sanctions against child prostitutes in the renewal of criminal law in Indonesia. Second, to find out the ideal idea in the application of sanctions applied to child prostitutes.Moreover, this law study is using normative legal research. An approach that is used for this study is normative juridical approach. Also, this study use qualitative data for finding the justification. Later on, to get the conclusion the researcher uses deductive thinking method where getting the conclusion by adopting statements or law of general nature to be specific statements.Lastly, the importance of actions sanctioning against child prostitutes to provide comprehensive protection of children's rights, with criminal law reform, is expected to provide clear arrangements in the future, especially regarding prostitution carried out by minors, namely related to the criminalization of the practice of prostitution. The ideal idea in implementing sanctions against child prostitutes by providing action sanctions against child prostitution is an effective step to conquer child prostitution. Key Words: Idea – Child Prostitution – Actions Sanctioning – Criminal Law Reform
EKSISTENSI KOMISI NASIONAL HAK ASASI MANUSIA DITINJAU DALAM SISTEM KETATANEGARAAN INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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The existence of human rights values is a fundamental part of a country thatadheres to the concept of the rule of law (rechtstaat). Besides that human rights values are also regulated directly in the 1945 constitution. The birth of the National Human Rights Commission (Komnas HAM) is part of the long process of transitioning the Indonesian nation to a better direction in terms of increasing protection and upholding human rights in order to protect its people from arbitrary actions by the authorities. However, ironically, during the establishment of Komnas HAM, its current existence has not been able to have a positive and significant impact on the sustainability of human rights enforcement. The current limited powers, duties, and institutions have resulted in Komnas HAM not being able to optimally handle human rights issues, its existence is expected to be a bridge for enforcing and resolving allegations of gross human rights violations. Therefore, as a state of law that upholds the values of human rights, Komnas HAM needs special attention and a legal political attitude from the goverment and he people’s representative council. The purpose of this study was to determine the existence of Komnas HAM in terms of the Indonesian constitusional system and how the ideal model of Komnas HAM will be in the future. This research is a normative legal research. This is based on library research that takes quotes from reading books, or supporting books that have something to do with the problem to be studied. This study uses secondary data sources consisting of primary, secondary, and tertiary book materials. This study also uses qualitative data analysis and produces descriptive data.From the result of the research and discussion carried out, there are several conclusions obtained, namely : First, the currenct existence of Komnas HAM is still far from the expectations and spirit of enforcing human rigts, such as institutions, functions, and limited authority , resulting in the Komnas HAM institutions not being able to effectively enforce human rights. Maximally address human rights issues. Second, Komnas HAM must improve and establish synergy with state institutions such as the prosecutor’s office, the people’s representative council and the goverment, as well as invite community participation so that later they will be able to evercome human rights problems. The author’s suggestions, first, is that it is hoped that by strengthening the Komnas HAM institutions as a whole by making a separate law or law regarding the Komnas HAM institutions, so that later the functions and authorities of these state institutions become stronger, especially in the process of investigating, investigating, and prosecuting rights violations. Heavy human rights in the past and present can be handled properly, second, it is hoped that the participation of the goverment and people’s representative council, along with related parties such as Komnas HAM, the attorney general’s office and community participation will sit together to formulate the idea Komnas HAM in the future.Keywords : Komnas HAM – State Institutions – State Administration
ORGAN HARVESTING TERHADAP PRAKTISI FALUN GONG OLEH CHINESE COMMUNIST PARTY DI TIONGKOK BERDASARKAN UNITED NATION CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT (UNCAT) Mela Kristina; Maria Maya Lestari; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Human rights are widely considered to be the fundamental moral rights of people, in which necessary for human dignity. Human rights thus serve a greater social purpose, and it is a legal system that informs us at a certain point in time when rights are considered to be the most basic in society. Even if human rights are considered inalienable, the moral attributes of the people that the state cannot violate this, rights still have to be identified, that is, they are constructed by humans and codified in the legal system.The type of research carried out through normative-juridical research where this research is conducted on the basis of legal principles which started from certain written authorities as well as priorly identifying the provisions that has been enshrined in certain law. In this study, the data sources used were secondary data with primary, secondary and tertiary legal materials carried out.The results obtained through the research proves that, there are three main points that can be concluded. First, in the eyes of international law, both ordinary prisoners and political prisoners/prisoners of conscience must be treated like self-determined humans. This is clearly stated in the Bill of Rights, even prisoners are prohibited from being treated inhumanely. Second, torture of humans is a serious violation of human rights. Organ harvesting without consent has been considered a crime under international law, including organ trafficking is illegal in most countries. In this Falun Gong case, the members' organs were removed without the consent of the prisoners or the prisoners' families. Third, every action taken, eventually there comes responsibility. Furthermore, this is applicable in the international community. If a country commits an internationally wrongful act, in another sense, an act committed by a country in which the act is deemed to violate international legal obligations, both arising from treaties and international customary law that is erga omnes in nature, there will arise state responsibility/liability.Keywords: Human Rights – Organ Harvesting – State Responsibility
PENERAPAN MEDIASI PENAL TERHADAP TINDAK PIDANA PENGANIAYAAN DI KEPOLISIAN RESORT KOTA PEKANBARU
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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This criminal law perspective in Indonesia is already familiar with the settlement of criminal cases outside the court, or often called Penal Mediation. This is sought to uphold Restorative justice by balancing the actions of the perpetrators of criminal acts with the consequences. Reference for the implementation of penal mediation refers to Pancasila, the 1945 Constitution (UUD), Law number 8 of 1981 concerning the Criminal Procedure Code (KUHAP), Law No. 2 of 2002 concerning the Indonesian National Police. Police Chief's Letter No. B / 3022 / XXI / 2009 / SDEOPS which explains that cases that have been resolved through Alternative Dispute Resolution in order to avoid. Penal Mediation is a legal breakthrough applied by law enforcement officials with reference to the process of Restorative Justice approach, bearing in mind that there is an objective to reconcile victims of crime with mediators through mediation in order to settle cases, return and repair damage and losses caused by a criminal case. Victims and perpetrators are expected to find and reach the best solutions and alternatives to resolve the case This research uses the typology of sociological legal research or also called non-doctrinal legal research, which is more specifically about the effectiveness of law. In this study the authors used the descriptive nature of the study, because the authors describe how the application of penal mediation to acts of abuse in the Pekanbaru. The results of research conducted by the author are, firstly, the implementation of the application of the mediation of the penalties against the criminal acts of persecution, then to find out what legal consequences are caused and what obstacles occur when the application of the mediation of the penalties. The resort is obliged to determine which cases of abuse are entitled to be mediated. Keywords: Penal Mediation - Criminal Acts of Abuse
TINJAUAN YURIDIS TERHADAP TINDAK PIDANA PENYIRAMAN AIR KERAS STUDI KASUS PUTUSAN PENGADILAN DENGAN (NOMOR PERKARA 372/PID.B/2020/PN JKT.UTR)
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

Dousing hard water is a criminal act that can endanger an individual's life, hard water is a fairly concentrated acid solution, when hard water hits the skin it can cause severe pain, even skin burns, someone who is exposed to hard water will experience physical damage, even it can causing permanent injury. Criminal provisions for criminal acts or offenses for maltreatment themselves are included in the Criminal Code, namely in Articles 351 to 358 of the Criminal Code. The purpose of writing this thesis: first, to find out the basis for the judge's consideration in making a decision with case number 372 / Pid.B / 2020 / PN Jkt.Utr against the perpetrators of sprinkling hard water. Second, to find the ideal sanction against the perpetrators of sprinkling hard water in the criminal justice system in Indonesia. The author conducts normative juridical research or literature study in order to obtain secondary data through documentary studies by studying and analyzing a comparative descriptive of laws and regulations with theories that have a relationship to the problems studied. From the research results, there are two main points that can be concluded. First, the basis for the judge's decision in making a decision against the perpetrator of hard water sprinkling persecution with Decision Number 372 / Pid.B / 2020 / PN Jkt.Utr is that the judge only sees the actions committed by the perpetrator without seeing or considering the consequences of the actions of the perpetrators. the perpetrator. Second, the ideal sanction for the perpetrators of mistreatment of sprinkling hard water in the criminal justice system in Indonesia is that apart from seeing the actions committed by the perpetrators, they must also consider justice for victims who have been harmed, then looking at similar cases, the punishment should at least be imposed on the perpetrators 5 (five) years in prison or the equivalent of a similar case previously and added to pay for the cost of treatment for victims who certainly need intensive care in the hospital and after recovering mentally they must also be given treatment because the disability experienced by the victim is very likely to make the victim depressed and depression. The author's suggestion is that the judge in making a decision should look at similar cases, how similar cases are handled, how the decision is made which will be taken into consideration by the judge to decide the same case. In order to impose a sentence on a defendant of a criminal act of maltreatment, it should consider the consequences experienced by the victim, whether the victim is lightly injured, seriously injured or disabled, all of which must be taken into consideration by the judge in deciding a decision. The ideal sanction, according to the author, sees the consequences experienced by the victim, namely permanent disability so that the daily activities of the victim are interrupted and seen from the victim is a KPK investigator whose safety should be extra guarded instead of receiving this kind of abuse, the ideal punishment is at least a minimum of five years in prison, or at least similar to similar cases where there is no sentence under seven years in prison, so that justice can be obtained by the victim, give clear effects to the perpetrator and so that the same thing does not happen to anyone and fulfill community anxiety. Keywords: Juridical review - Crime - Flushing with hard water - Case Number 372 / Pid.B / 2020 / PN Jkt.Utr
IMPLEMENTASI HAK-HAK TERSANGKA SEBAGAI PERWUJUDAN ASAS PRADUGA TIDAK BERSALAH DALAM PROSES PEMERIKSAAN DI TINGKAT PENYIDIKAN (STUDI KASUS DI POLRESTA KOTA PEKANBARU)
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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At the level of implementation, the right of suspects to be immediately investigated by investigators is slow and some are fast. It really depends on the type of case being investigated (mild, moderate, severe) and the availability of investigators to conduct an investigation. Besides that, the readiness of the facilities and infrastructure of the investigation also affects the smoothness of the investigation process, thus affecting the rights of the suspect to get an immediate examination from the investigator.This study uses a sociological juridical research method. This research was conducted at Pekanbaru City Police by taking data through interviews with the Pekanbaru City Police Criminal Investigation Unit and Pekanbaru City Police Criminal Investigation Unit. Also as additional data, the author distributed questionnaires to 50 suspects and detainees. 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 implementation of the protection of the rights of suspects in the examination process by investigators in the jurisdiction of the Pekanbaru Resort Police has not been optimally carried out based on the Application of the Presumption of Innocent Principle, referring to the Criminal Procedure Code which is basically the principle of presumption of innocence narrowly interpreted how someone should be stated not guilty before a verdict / verdict is declared guilty. Second, barriers to the implementation of the protection of the rights of suspects in providing information freely in the process of investigating investigations in the Pekanbaru City Police Pekanbaru are, factors of law enforcement officials, cultural factors, community factors and factors of facilities and infrastructure problems. The author recommends: First, law enforcers, in this case Police Investigators, in conducting criminal case investigations of suspects in order to apply the Presumption of Innocent Principle and uphold human rights, because everyone must be considered innocent before there is a verdict the court which stated his guilt and had obtained permanent legal force. Second, the suspect in order to expedite the investigation process should provide honest and uncomplicated statements, so that the examination process can run smoothly and do not occur things that can cause violence against suspects and violations of human rights.Keywords: Suspect Rights, Principle of Presumption of Innocence, Investigation
ANALISIS YURIDIS TERHADAP PERJANJIAN PEMBIAYAAN KONSUMEN YANG TIDAK DIDAFTARKAN JAMINAN FIDUSIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Currently, many financial institutions (finance) and banks (commercial banks and credit) provide consumer financing (consumer finance), leasing (leasing), factoring (factoring). However, the facts on the ground show that there are often fiduciary recipients who do not register their Fiduciary Guarantee Deed with the Fiduciary Registration Office. Fiduciary guarantees that are not made with fiduciary guarantee certificates have complex and risky legal consequences. As a result of the Fiduciary Guarantee which is not made a fiduciary certificate or in authentic form before a Notary, the object of the Fiduciary Guarantee does not have the right of direct execution.This type of research can be classified in normative legal research, namely legal research conducted by researching library materials. This study examines the subject matter in accordance with the scope and identification of the problem through a statute approach carried out by examining the laws and regulations that relate to the legal issue under study. Data collection techniques used in the Normative Legal Research are library research methods which uses the library as a means of collecting data, by studying books as reference material related to the problems to be studied.The conclusion that can be obtained from the results of the study is that the legal consequences for institutions that do not have a notary deed and are not charged with fiduciary guarantees, the object of the fiduciary guarantee does not have the right of direct execution. Based on Law Number 42 of 1999, the legal consequence of not registering a fiduciary guarantee is that a fiduciary guarantee has not yet been born. So that the entire legal consequences attached to the fiduciary guarantee do not apply. Juridical analysis of consumer financing agreements that are not registered with fiduciary guarantees lead to complex and risky legal consequences, including fears of alleged non-tax state revenue evasion, lack of realization of the principle of publicity and no guarantee of legal certainty so that they do not have legal executive rights Fiduciary executions that are not registered can lead to conflict and allow one of the parties to file a lawsuit in court.Keywords: Financing Agreement, Unregistered, Fiduciary Guarantee