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
 194   195   196   197   198 
ANALISIS TERHADAP PUTUSAN YANG TERDAPAT PEMERIKSAAN SAKSI SEDARAH TERHADAP PERKARA NOMOR 08/PID.PRAP/2017/PN. PBR DENGAN PERKARA NOMOR 24/PID.PRAP/2017/PN.PBR
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

The process of proof in a trial that is passed through a process of examining evidence of witness testimony. Proving is considered as the main way to resolve each case in a trial. In the process of substantiating witness testimonies, witnesses that have had blood relations provided witness statements. In the case of Case Number 24 / PID.PRAP / 2017 / PN.BR where the witness gave the witness' statement and in the trial process the witness was under oath. While in case case Number 08 / PID.PRAP / 2017 / PN.BR the witness who gave the witness statement also had blood relations but was not under oath when giving witness statements.In this study the authors used Normative research. Normative research in the form of library law research. In this type of legal research, law is often conceptualized as what is written in: legislation or law conceptualized as a rule or norm which is a benchmark of human behavior that is considered appropriate.From the results of the research that the author did, it can be concluded that, firstly, the strength of evidence in the form of blood witness testimonies in the process of evidence based on the Criminal Procedure Code, Evidence is an important element in substantiating trials, because judges use it as a material for consideration in deciding cases. A witness who has certain family ties to the defendant cannot swear an oath. Unless they want it, and their will is agreed to explicitly by public prosecutors and defendants. secondly the validity of blood witness testimony in the Criminal Justice System, Normatively: blood witness testimony has been legitimized by Article 168 of the Criminal Procedure CodeKeywords: oath-witness examination
PERAN PARTAI POLITIK TERHADAP LAHIRNYA PERATURAN DAERAH (PERDA) DI PROVINSI RIAU
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

The existence of a Regional Regulation is an embodiment of thegranting of authority to the Region in managing and regulating its own household,because there are parts of regional affairs besides being regulated in law and mustbe further regulated by regional regulations. In the birth of the PERDA, politicalparties have their own role, because in article 11 paragraph (1) of Law Number 2 of2011 concerning Political Parties, one of the functions of political parties is as ameans to absorb, collect, and channel the political aspirations of society informulating and establish State policies. Likewise in Riau Province, the ProvincialGovernment or the Executive together with the Provincial DPRD has createdPERDA for the Riau Community.This type of research can be classified as sociological juridical, namely aresearch approach that emphasizes the legal aspects regarding the subject matter tobe discussed, associated with the reality in the field. This research was conducted inpolitical parties in Riau Province. Sources of data used are primary data andsecondary data, data collection techniques in this study are by observation,questionnaires, interviews and literature review.In the research results, there are three main points that can be concluded.First, the role of each political party in Riau Province is relatively similar, the onlydifference is the timing of the implementation of policies or programs carried out byparties and also a little difference is that there are a few internal party programsthat are not owned by other parties. Second, that the role of every political party inRiau Province in the formation of regional regulations has been carried out well,even though the parties must be more maximal in carrying out their role. Third Interms of the formation of regional regulations, political parties have based on thetheory of people's sovereignty, because political parties absorb the aspirations of thecommunity, political parties also open space for discussion and direct meetings withthe community.Keywords : Role of Political Parties - Regional Regulations - People's sovereignty
TINJAUAN YURIDIS PERATURAN MENTERI HUKUM DAN HAK ASASI MANUSIA NOMOR 10 TAHUN 2020 TENTANG SYARAT PEMBERIAN ASIMILASI DAN HAK INTEGRASI BAGI NARAPIDANA DAN ANAK DALAM RANGKA PENCEGAHAN DAN PENANGGULANGAN PENYEBARAN COVID-19 DALAM PERSPEKTIF HAK ASASI MANUSIA
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

Legal protection for prisoners can be interpreted as an effort to protect the law against various freedoms and human rights, as well as various interests related to legal protection of prisoners. Understanding the foregoing, it can be concluded that the Standard Minimum Rules (SMR) which are the result of the first United Nations (UN) Congress on Crime Prevention and the treatment of lawbreakers, are very important in ensuring the rights of prisoners. As a result of the impact of the Covid-19 Pandemic which hit the world, especially Indonesia, it is very important for the government to take a stance considering the conditions of prisons have been overcrowded. So that the Minister of Law and Human Rights gave birth to a policy in the form of Ministerial Regulation of Law and Human Rights Number 10 of 2020, to provide assimilation and integration rights that conditional release of approximately 30,000 more prisoners. The objectives of writing this thesis are: First, to find out a juridical review of the Regulation of the Minister of Law and Human Rights Number 10 of 2020 concerning the Terms of Providing Assimilation and Integration Rights for Prisoners and Children in the Context of Preventing and Combating the Spread of Covid-19 in a Human Rights Perspective. Second, to find out the urgency of the formation of Minister of Law and Human Rights Regulation Number 10 of 2020. This research is a normative legal research. This is based on literature research that takes quotations from reading books, or supporting books that are related to the problem to be studied. This study uses data sources in the form of secondary data sources consisting of primary, secondary or tertiary legal materials. This study also uses qualitative data analysis and produces descriptive data. From the results of the research conducted, there are several conclusions obtained, namely: First, the Ministry of Law and Human Rights takes steps to save prisoners and children in prisons, where prisoners need the right to survive and get health in conditions during the Covid-19 pandemic. Second, the policies created by the Government are appropriate and hierarchically in accordance with the prevailing legislative framework. This regulation is very necessary considering health emergencies and conditions of prisons that are vulnerable to the Covid-19 pandemic. It is hoped that in the future the people in Indonesia will help each other in conditions outside of correctional institutions as regulated in the Regulation of the Minister of Law and Human Rights Number 10 of 2020 concerning the Conditions for Providing Assimilation and Integration Rights for Prisoners and Children in the Context of Preventing and Combating the Spread of Covid-19 . Keywords: Human Rights Assimilation-Integration-Covid-19-Human Rights
KEPASTIAN HUKUM TERHADAP HAK WARIS ANAK TIRI (STUDI TENTANG KEDUDUKAN HAK WARIS ANAK TIRI DALAM MASYARAKAT ADAT BATAK TOBA DI DESA SIGALINGGING KECAMATAN PARBULUAN) Ade P Banjarnahor; Hayatul Ismi; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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

Abstract

Indonesia is a country that is rich in indigenous peoples, which are owned by different regions and ethnic groups. Although the basis and characteristics are one, the customs that exist in Indonesia are very diverse and do not die in time, but are always moving and there is an obligation to always develop in accordance with the circumstances of the times and the current civilization.This study uses sociological research with data sources through interviews, especially people who are authorized, know and are related to existing problems and literature study. This research discusses the legal certainty of the inheritance rights of tiri anatomy in the Toba Batak’s ethnic.The conclusion of this study is that the position of a man in the Batak Toba’s ethnic is highly respected even though he is a stepson or a child from a previous marriage who enters the marriage of a new mother or father who is legitimate and recognized in the community and environment. exist and have full rights to the inheritance left behindKeywords: Inheritance rights, Stepchildren, Batak Toba
PENGUMUMAN IDENTITAS SEBAGAI HUKUMAN TAMBAHAN TERHADAP PELAKU PEDOFILIA DI PERADILAN INDONESIA Andrio Chris Waldi Pasaribu; Emilda Firdaus; 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

One of the problems faced by the Indonesian people today is the crime of sexual violence. Pedophilia as a sexual orientation by liking minors. As a distorted orientation and contrary to applicable norms. Pedophile behavior often leads to sexual violence. Based on the characteristics that exist that the ability to seduce a reliable pedophilia that can deceive children and the nature of pedophiles who love to move locations cause this to make it not an ordinary crime. Very often cases of pedophile crime appear and are revealed after the number of victims who report. The effects of pedophilia crimes lead to mental trauma, genital and rectal injuries and the potential to be a future offender for victims for boys. In Government Regulation in Lieu of Law Number 1 of 2016 on the second amendment of Law No. 23 of 2002 Regarding child protection, it allows additional penalties to announce the identity of the offender. as a form of deterrent effect and protection to the community, but there is no formal criminality in the form of implementation so that the ideal concept is needed so that additional punishment can be carried outThis type of research is a normative legal research that is using literature study in finding data. This research is descriptive in nature which tries to provide detailed and detailed data on the existing problems. In writing this research using qualitative data analysis which means explaining and concluding about the data that has been collected by the author. This study uses secondary data or scientific data that has been codified.The results of this study are to explain that the material penalties for additional sentences announcing the identity of the perpetrators have been clearly regulated. but for formal criminal arrangements have not been clearly regulated. thus causing additional punishment is not perfect. The author provides an ideal concept in the form of announcements of identity given to the public through mass media, print and social media, Announcement of identity is also given to educational institutions and the Ministry of Law and Human Rights. announcements of identity are also given through the website managed by the Indonesian child protection commission. Announcement of identity is done in order to reduce the level of pedophile crime and provide protection for children and society.Keywords: Announcement Of The Identity Of The Offender - Additional Punishment - Pedophilia.
PERLINDUNGAN HUKUM TERHADAP PEKERJA YANG MENERIMA UANG PESANGON TIDAK SESUAI UNDANG-UNDANG PADA PT. TRI DELMITA MANDIRI Jihan Ramadhanty; Evi Deliana
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

Protection of workers is intended to guarantee basic rights of workers and ensure equality and treatment without discrimination on any basis to realize the welfare of workers and their families while still paying attention to developments in the progress of the business world and the interests of employers. Legislation related to the protection of workers Law Number 13 of 2003 concerning Manpower and the Implementing Regulations of the legislation in the manpower sector. Legal protection for workers is very necessary given the position of workers on the weak side. Law Number 13 of 2003 provides protection for workers which includes people who have not worked, people who are currently engaged in an employment relationship (workers / laborers), and people who have terminated their employment relationship. In the event of termination of employment, the entrepreneur is obliged to pay severance pay and / or service pay and compensation for entitlements that should have been received.From the results of the research and discussion, there are two main points that can be concluded. First, protection of workers is a legal imperative because the rights of workers who have been laid off are related to the needs of a person so that the government must protect these rights. All workers are protected by Law Number 13 of 2003 concerning Manpower, whether they are looking for work, who are currently working or who have already been laid off. The rights of laid-off workers have been described in Law Number 13 of 2003 concerning Manpower. Second, the inhibiting factor for companies to pay severance pay in accordance with applicable regulations is due to economic factors. The company experienced a decrease in income due to the emergence of competitors, which affected the company's income. Because the company has experienced a decline, the company is unable to pay severance pay in accordance with the provisions of Law Number 13 Year 2003 concerning Manpower.Keywords : Termination of Employment, Severance Pay.
TINJAUAN YURIDIS PENGHAPUSAN PIDANA MATI DARI PEMIDANAAN DI INDONESIA (Studi Putusan Mahkamah Konstitusi Nomor 2-3/PUU-V/2017) Asri Evanggeline Silalahi; Evi Deliana; Mukhlis R
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

The right to life is protected by a constitution that is imbued with humanity in Pancasila, but to date the Indonesian legal system still applies to the death penalty. This is in contradiction with the concept of humanity in Pancasila. The right to life is a category of rights that cannot be violated, reduced, and limited under any circumstances, including within the limits of formal regulations because the Constitution of the Republic of Indonesia is the highest provision in a state of law in Indonesia and no other provisions who can rule it out. The purpose of writing this thesis, namely; First, to find out whether capital punishment is still relevant to be maintained in the Criminal Code and other laws and regulations in Indonesia, Second, to find out the ideal concept of fulfilling human rights related to capital punishment in the Unitary State of the Republic of Indonesia.This type of research is normative legal research, library law research by conducting the study of legal principles. Data sources used in this study are secondary data, namely data obtained from literature such as legal journals, books, judges' decisions related to research. This data analysis is done qualitatively and deductive conclusions are drawn.From the research results there are two main problems that can be concluded. First, Indonesia is a country that still adheres to the death penalty in its positive law. Capital punishment is no longer relevant to be maintained in the new National Criminal Code in Indonesia or the provisions of regulations outside the Criminal Code, because capital punishment is contrary to the souls that exist in the 1945 Constitution of the Republic of Indonesia and Law Number 39 of 1999 concerning Human Rights and besides that capital punishment shows the inability of the state to educate prisoners in a better direction. Second, the protection, promotion, enforcement and fulfillment of human rights are the responsibility of the state, especially the Government. Life sentence in moral, physical and psychological terms is far more severe than a death sentence. The government must draft a Criminal Law in accordance with the constitutional directives and a number of Human Rights Laws, one of which is to revoke articles containing the death penalty.Keywords: Death Penalty, Human Rights
PERLINDUNGAN HUKUM TERHADAP ANAK BUAH KAPAL (ABK) INDONESIA YANG BEKERJA DAN MENGALAMI PERBUDAKAN MODERN (MODERN SLAVERY) DI KAPAL PERIKANAN ASING Dorma Hotmaria Sianipar; Maria Maya Lestari; Widia Edorita
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

Indonesian sailors generally work as fishermen on foreign vessels. Fishing is themost dangerous, dirty and difficult job in the world. About 15 million are involved in marinefishing. The practice of violating human rights in the form of modern slavery often occursand is experienced by crew members on foreign fishing vessels. In this case, in 2020Indonesian crew members worked on Chinese ships. In detail, there are 46 Indonesian crewmembers working on the ship. Cases experienced by Indonesian crew members includeunpaid salaries, threats and intimidation during work, inappropriate working conditions,physical violence or inhumane treatment or violations of human rights. Preventive efforts from Indonesia can be carried out by supervising the manningagency as a company for placing ABK on Chinese ships by strengthening institutionalstrengthening, which can be done by affirming the authority to issue permits for companiesto recruit and place crew members by the Ministry of Manpower and BP2MI through theGovernment Regulation on the Placement and Protection of Crews on Fishing Vessels. . Therepressive efforts are by pursuing diplomatic and consular efforts as well as ratification ofthe ILO Number 188 of 2007 concerning Work in Fishing and ratifying the convention thatregulates the protection of crew related to ship safety (CTA 2012). This type of research is normative legal research using research methods on legalprinciples, namely the principle of passive nationality. The data collection technique in thisresearch is literature study, reviewing, analyzing and analyzing the data qualitatively anddrawing conclusions deductively. From the results of the research problem, there are threemain things that can be concluded. First, the regulation of international legal protection forIndonesian crew members who work and experience modern slavery on foreign fishingvessels, namely preventive legal protection and repressive legal protection. Second, theregulation of international legal protection for Indonesian crew members who work andexperience modern slavery on foreign fishing vessels. Third, the problems faced by thegovernment with assistance through the role of state institutions in providing legalprotection to Indonesian crew members who work and experience modern slavery on foreignfishing vessels.Keywords: Legal Protection, Ship's Crew (ABK), Modern Slavery, Foreign FishingVessels
IMPLIKASI RESES ANGGOTA DEWAN PERWAKILAN RAKYAT DAERAH KABUPATEN INDRAGIRI HILIR DALAM PERSPEKTIF DEMOKRASI PERWAKILAN (STUDI DAERAH PEMILIHAN VI (ENAM)) Ayunika Ayunika; Dessy Artina; Zulwisman Zulwisman
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

Law Number 23 of 2014 concerning Regional Government is contained in Article 108 Letter I, Article 161 Letter I, which reads "what is meant by "recurring work visits" is the obligation of members of the Regency/Municipal DPRD to meet with their constituents regularly at every period. recess, the results of which meetings with constituents are reported in writing to political parties through their factions in the Regency/Municipal DPRD”. That DPRD members among others have the obligation to absorb, collect constituents' aspirations through regular working visits, accommodate and follow up on community aspirations and complaints. DPRD members and their representatives have their respective electoral districts or abbreviated as DAPIL. One example is in the constituency VI (six) of the downstream Indragiri Regency, there are 4 sub�districts that are members of the DAPIL, namely Keritang District, Reteh District, Sungai Batang District, and Kemuning District. Here the author specializes in Keritang District and Reteh District. Where the area is not translated by peopleso that there is omission in the area. Within the DAPIL there are several council members who have their respective sub-districts who are members of the DAPIL VI (six).This study uses a sociological legal research type. This research is descriptive in nature, namely research that seeks to systematically and carefully provide facts with certain population characteristics. The results of the research conducted by the authors of the implementation of the recess, especially in Keritang District, and Reteh District, Electoral District VI, Indragiri Hilir Regency have not been implemented or have not had good implications, where council members conduct recess only for formalities, recess implementation is also carried out in certain areas. Council members conduct a recess in the regions that win the most votes at the time of the general election. Therefore, the author offers the existence of rules in the Government Regulation of the Republic of Indonesia Number 12 of 2018 concerning Guidelines for the Preparation of Orders for the Provincial, Regency, and City Regional House of Representatives regarding the obligation for members of the House of Representatives. the council conducts recess throughout the villages that are its constituencies.Keywords: Recess, DPRD, Recess Implementation.
PELAKSANAAN PERJANJIAN PEMBIAYAAN MURABAHAH DI BAITUL MAAL WATTAMWIL (BMT) JAMI’US SHOGHIR DESA TERBIT KECAMATAN TAPUNG Ulya Arif; Maryati Bachtiar; Dasrol Dasrol
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

Islamic economic development in Indonesia, particularly in the banking world is increasingly progressing very rapidly and as has started glory. This can be seen at least from two aspects, namely the aspects of Islamic banking assets and regulation. Implementation of the jurisprudence muamalah murabahah financing which is to buy the first items to be purchased by the customer after prior agreement. Once the goods are purchased on behalf of the bank, then the goods are sold to customers with an acquisition cost plus a profit margin according to the agreement, the purchase can be made in cash or deferred, either in the form of installments or all at once at a particular time.This research is a sociological juridical law, the definition of socio-juridical research is approach is to look at in terms of legislation and the fact that occur in the field, in accordance with the formulation problems expressed by the writer. While the population and samples are parties related to the issues examined in this study, the data source used, primary data, secondary data, and the data tersier. Data collection technique in this study with interviews and a review of the literature.From the results of research by the author can be concluded that, first: implementation of murabaha financing agreement by using wakalah in Baitul Maal wat tamwil (BMT) Jami'us Shoghir not in accordance with Islamic principles, both: economic factors are the main factors which is an obstacle for customers to implement their obligations. The fall or drop in palm oil prices result in some customers' revenue shortfall that automatically make customers late or even not perform its obligations in paying installments.Keywords: Implementation - Agreements - Murabahah - Baitul Maal Wat Tamwil (BMT) Jami'us Shoghir.

Page 196 of 258 | Total Record : 2579

 194   195   196   197   198 

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