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INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 2,579 Documents
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PENGARUH VICTIMBLAMING (PENYALAHAN KORBAN) TINDAK PIDANAPORNOGRAFI BALAS DENDAM TERHADAP PROSES PENEGAKAN HUKUM DALAM SISTEM PERADILAN DI INDONESIA Deby Rahmatul Fitri; Erdianto Erdianto; Ferawati Ferawati
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

Revenge pornography is an act of pornography by utilizing the possession of pornographic material that is legally obtained but disseminated with the aim of revenge. The purpose of the perpetrator is not only to spread pornographic photos but to get back the hurt he has experienced. Revenge pornography is potentially even more dangerous and lasting than real-life harassment. In this writing the author focuses on women as victims who in practice, the influence of victimblaming is still more dominant than the victim perspective approach and the victim's mental recovery. The purposes of writing this thesis are: first, to determine the extent of victimblaming's influence on victims of revenge pornography in the law enforcement process in the Indonesian judicial system. Second, to find out how ideal the protection of victims of revenge pornography crime who has experienced victimblaming in the justice system in Indonesia.The author conducts research using the normative juridical method or literature study in order to obtain secondary data through documentary studies, namely by studying and analyzing comparatively descriptive of the laws and regulations with theories that have a relationship to the problems studied. From the research results, there are two main things that can be concluded: First, the effect of victimblaming on victims of revenge pornography crime in the law enforcement process is that so far, revenge porn has mostly occurred in the context of blaming the victim, negative reactions that have emerged have made victims reluctant to report their cases and cause absence of law enforcement processes. Second, ideally the protection of victims of revenge pornography by prioritizing the mental recovery of the victim.Keywords: effect - victim - victimblaming - revenge porn - protection
PERBANDINGAN PENGATURAN SANKSI PIDANA TERHADAP PELAKU PEDOFILIA DALAM HUKUM POSITIF INDONESIA DAN HUKUM ISLAM Vidya Sanaya; Erdianto Effendi; Dessy Artina
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

This study examines the punishment for pedophiles from a perspective Indonesian positive law and Islamic law. This paper focuses on the fall penalties for pedophiles, who then compare penalties for pedophiles based on both sources of law, namely positive law and Islamic criminal law.This type of research can be classified in the type of normative research. In this study, the focus is to examine the comparison of punishments from the two sources of law, namely Indone-sian positive law and Islamic law. The data source used is secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The data collection tech-nique in this research is the literature review method, after the data is collected then it is ana-lyzed to draw conclusions.The results of the study were analyzed using a comparison of the two legal concepts. From the two sources of law, there are differences in the punishment of the two concepts of legal sources. In Indonesia's positive law, penalties for pedophiles are the main punishment in the form of imprisonment and deda as well as additional penalties in the form of announcing the identity of the perpetrator, rehabilitation, chemical castration and the installation of electronic detection devices. In Islamic law, the punishment for a pedophile if what the pedophile commits is an act of adultery, the punishment is punishment for adultery (had az zina), which is stoning to death if it is muḥṣān (married) or whipping a hundred times if not muḥṣān and exiled for a year. If what the pedophile does is liwath (homosexual), then the punishment is the death penalty, not something else. If what is done is sexual harassment (at taharusy al jinsi) which does not lead to adultery or homosexuality, the punishment is ta'zir.Keywords : Punishment – Pedophilia - Indonesian positive law and Islamic law.
PERAN KEPALA DESA DALAM PELAKSANAAN DANA DESA BERDASARKAN PERATURAN MENTERI DALAM NEGERI NOMOR 20 TAHUN 2018 TENTANG PENGELOLAAN DANA DESA DI KABUPATEN PELALAWAN Zulheri Zulheri; Dessy Artina; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Indonesia is a region with a decentralized government system, national development. In a village, there are several apparatuses that carry out all activities related to the village, and one of the village officials who has an important function in the continuity of activities in the village scope is the village head. In carrying out his duties, the village head only coordinates with the local camat and is only responsible for running the village government, implementing village development, fostering village community and empowering village communities. The village head has duties and functions for the welfare of the local community, including establishing policies regarding the implementation of, establishing policies for managing village property, taking actions that result in expenditure on the burden, establishing PPKD, approving DPA, DPPA and DPAL, approving RAK village and approving SPP. As for the purposes of writing this thesis, namely: First, to determine the function of the village head in implementing village funds in Pelalawan Regency, Second, to find out what efforts the village head can make to anticipate the misuse of village funds in Pelalawan Regency. This type of research is sociological law research, sociological, namely research on the effectiveness of the current law. Sources of data used in this study are primary data, secondary data and tertiary data. From the results of this study it can be concluded that the function of the village head in implementing village funds based on the Regulation of the Minister of Home Affairs Number 20 of 2018 concerning Village Fund Management in Pelalawan Regency can be said to be quite good in its implementation. Then related to the efforts that can be made by the village head to prevent misuse of village funds, including implementing the principles of transparency, accountability and participation in order to create better management of village funds. Keywords: Village Head - Duties and Functions - Village
MODEL ALTERNATIF PEMIDANAAN TERHADAP PENGGUNA NARKOTIKA DALAM RANGKA PEMBERANTASAN TINDAK PIDANA NARKOTIKA DI INDONESIA Febby Widya; Erdianto Effendi; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Narcotics is on the one hand a useful drug or material in a field of medicine or health care and the development of science and on the other hand can also cause a very detrimental dependency if misused or used without strict and careful control and supervision. The importance of narcotics distribution needs to be closely monitored because currently there are many uses for negative things. The regulation regarding narcotics is regulated in Act Number 35 of 2009 concerning Narcotics. Even though the Law has included a threat which is burdensome for people who commit narcotic crimes, narcotics users do not feel deterrent or are afraid of the sanctions. In reality, sanctions imprisonment for narcotics users are not effective enough, it is proven that the number of narcotics users is increasing. Imprisoning narcotics users only makes things worse for them because of widespread corruption in prison. Prisoners can get whatever they want with money, including narcotics.This research uses the typology of normative legal research or also called doctrinal legal research, which is more specifically discusses the principles of law. In this study the authors use the nature of descriptive research, because the authors describe the Alternative Model of Criminalization against Narcotics Users in the Context of Eradicating Narcotics Crimes in Indonesia.The results of the research conducted by the author are, imprisonment given to narcotics abusers is considered ineffective to be given to narcotics abusers, therefore an alternative punishment is needed to be given to the narcotics abusers. This alternative is a form of criminal law policy that will later be made by the government. The alternative is in the form of social work crime and prioritizes rehabilitation of narcotics abusers. With the existence of a criminal law policy, it can be used as a foothold for law enforcement officials to be able to make rules that provide a deterrent effect to the perpetrators so that later perpetrators of the crime do not commit the same crime a second time.
PERLINDUNGAN HUKUM TERHADAP PELAPOR DALAM TINDAK PIDANA NARKOTIKA DI WILAYAH KEPOLISIAN RESOR KOTA PADANG Amirahni Zahra Tripipo; Mexsasai Indra; Elmayanti Elmayanti
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

Revealing acts of criminal narcotics is , the apparatus not only obtain information from the actors , but the role and the community in helping officers enforcement of law to prevent and members antas abuse of narcotics . The importance of security guarantees and legal protection for whistleblowers so that the public does not feel afraid to report a crime that is associated with the offense of criminal narcotics , and with the assurance that real and Dapa t perceived by a complainant . This study aims to determine the implementation, obstacles and legal protection efforts against narcotics reporters at the Padang City Police.Type of research this can be classified into types of research sociological , because the study 's author Ian gsung conduct research into the location or field point that in carefully in order to provide an overview as complete and clear about the problem that is investigated . Research is conducted in satresnarkoba Police Padang while the population and the sample is a whole party that is associated with a problem that is investigated in the study of this source of data that is used primary data Data secondary and the data tertiary technique of collecting the data in the study is to interview and study of literature .From the results of the research there are three things staple that can be inferred . First , implementation of protection of law against the complainant in the investigation of acts of criminal abuse of narcotics in the Unit of Investigation Narcotics Police of Padang is the way : security protection , Concealing the identity of the complainant, the complainant did not present in court. Second , k endala constraints the implementation of legal protection against the complainant in a criminal offense narcotics Investigation Unit Narcotics Police of Padang, namely: Not existence of the institution the Agency in the area of West Sumatra as well , especially in the province in Padang , lack of participation of the public in reporting acts of criminal narcotics , Rapporteur still doubted the protection that would be given by officers of police , lack of budget operations and a member of the program of protection of witnesses . Third , efforts to overcome the obstacles in the legal protection against the reporting acts of criminal narcotics in Unit Detective Narcotics Police Resort Padang namely: Addition of Members and and optimization of budgetary funds, Doing dissemination to the public , provide an understanding to the public in order to not be afraid to report any acts of criminal narcotics to the apparatus of police , treat the complainant with a good and true , Giving rewards to whistleblowers . The author's suggestion is that the public is expected to participate in reporting criminal acts of narcotics, and not be afraid to report them to law enforcement officials so that the future of the nation is safe from drugs.Keywords: Legal Protection - Reporting - Narcotics
TINJAUAN YURIDIS TERHADAP KONSUMEN YANG DIRUGIKAN OLEH PELAKU PRAKTIK MONOPOLI (STUDI KASUS TENTANG KARTEL YANG DILAKUKAN OLEH PT YAMAHA DAN PT ASTRA HONDA) Alparon Azwari; Hayatul Ismi; Hengki Firmanda
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Business competition is competition between competition in carrying out production and marketing activities of goods and services. Competition is a strategy to advance the company by producing good quality products through new discoveries and ways to run a better company. This kind of competition is fair competition, where competition is justified by law and brings profits without harming competition. In addition to fair business competition there is unfair business competition, which is business competition that is carried out not in competition, against the law, and against competition.This research is a normative juridical research that conceptualizes law as a norm including values, positive law and court decisions. Legal materials are collected by means of document studies and library research, namely by combining primary, secondary and tertiary legal materials related to unfair business competition law. The analysis of legal materials is carried out by descriptive analysis, namely describing or explaining what it is about a legal event or legal condition based on primary legal norms.The conclusions that can be obtained from the results of the study are First, the Cartel Practices Conducted by PT. Yamaha and PT. Astra That Causes Loss to Consumers Based on Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition, namely Article 5 paragraph 1 and Article 47 Paragraph 2 letter f of Law No. 5 of 1999. Second, the legal consequences arising from cartel practices in the price fixing agreement between PT. Yamaha Indonesia Motor Manufacturing and PT. Astra Honda Motor Which Was Decided To Violate Law Number 5 of 1999 In Supreme Court Decision Number: 217 k/pdt.suskppu/2019, namely a fine of Rp. 25 billion and a maximum fine as regulated in Law Number 5 of 1999 concerning Prohibition of Monopolistic Practice and Unfair Business Competition. Keywords: Business Competition, Prohibited Agreements, Cartels, Pricing.
PERLINDUNGAN HUKUM TERHADAP AHLI YANG MEMBERIKAN KETERANGAN DI PENGADILAN
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Protection is all efforts to fulfill rights and provide assistance to provide security to witnesses and / or victims that must be carried out by LPSK or other institutions in accordance with the provisions of Law No. 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection Witness and Victim. Legal protection as a description and function of law is the concept where the law can provide justice, order, certainty, usefulness and peace. One of the legal pieces of evidence in the criminal justice process is expert statements. The role of experts in the trial is to provide information in accordance with their expertise in order to make light of a case. However, what is happening right now is that there are efforts to prosecute experts who have provided information in the resolution of criminal cases. The problem raised in this study is how the legal protection of experts who provide information in court.The research conducted is normative legal research. Sources and types of data obtained from secondary data obtained from various library studies and legislation, books, literature relating to the problem of this research.In the research results there are two main problems that can be concluded. First, in providing preventive legal protection regulations made to protect experts to avoid threats when providing information, when examining criminal cases, experts feel safe, without pressure from any party, and experts are also free to provide information before law enforcement officials without any elements. coercion. Second, protection regarding expert statements in the future needs to be reaffirmed in the relevant laws and provide legal certainty for an expert providing information in criminal cases.Suggestions in this paper so that the legal protection of experts in the examination of criminal cases runs well relating to the rights obtained more expanded, protection must also be given without having an expert ask for protection and also provide legal certaintyKeywords: Legal, Protection, Experts, Courts
TINJAUAN TERHADAP PELAKSANAAN PERJANJIAN KERJASAMA ANTARA PT. ANDIKA PERMATA SAWIT LESTARI (APSL) DENGAN KELOMPOK TANI NELAYAN ANDALAN (KTNA) DI DESA BONAI KECAMATAN BONAI DARUSSALAM
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Agreement law is part of the engagement law which is regulated in the third book of the Civil Code (KUHPer) entitled about engagement. One of the anatomy of agreement is Negotiation. Negotiation is a process to reach an agreement by giving consensus to one another (give and take). In a negotiation, what is being negotiated are the elements of the agreement and default (broken promise). One example of an agreement is that several small farmers form farmer groups, then collaborate and form a legal farmer group called the Andalan Fisherman Farmer Group (KTNA). Then the farmer group cooperates with PT. Andika Permata Sawit Lestari (APSL).This type of research is sociological legal research. Sociological legal research is research that is carried out directly in the location or in the field to obtain data in order to provide a complete and clear picture of the problem under study. This research is conducted at PT. Andika Permata Sawit Lestari (APSL) and Mainstay Farmers and Fishermen Group (KTNA) in Bonai Village, Bonai Darussalam District.The results of the research conducted by the author are legal measures by PT. Andika Permata Sawit Lestari (APSL) only compensates for the losses of the first party by fulfilling the first demands that do not or have not received the results. Therefore, negotiations between PT. Andika Permata Sawit Lestari (APSL) with the Mainstay Fisherman Farmers Group (KTNA) in Bonai Village, Bonai Darussalam District, which in connection with this is represented by the chairman of the Andalan Fisherman Farmers Group (KTNA), to clarify the contents of the cooperation agreement considering that every year there is a development of Family Cards ( KK) and so that the rights and obligations in the agreement can be carried out and fulfilled properly. And there should be clear legal remedies in overcoming problems in implementing the cooperation agreement between PT. Andika Permata Sawit Lestari (APSL) with the Mainstay Farmers and Fishermen Group (KTNA) in Bonai Village, Bonai Darussalam District.Keywords: Implementation, Cooperation Agreement.
POLITIK HUKUM PEMBENTUKAN UNDANG-UNDANG NOMOR 2 TAHUN 2020 TENTANG PENETAPAN PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG NOMOR 1 TAHUN 2020 TENTANG KEBIJAKAN KEUANGAN NEGARA DAN STABILITAS SISTEM KEUANGAN UNTUK PENANGANAN PANDEMI CORONA VIRUS DISEASE 2019 (COVID-2019) DAN/ATAU DALAM RANGKA MENGHADAPI ANCAMAN YANG MEMBAHAYAKAN PEREKONOMIAN NASIONAL DAN/ATAU STABILITAS SISTEM KEUANGAN MENJADI UNDANG-UNDANG DIKAITKAN DENGAN FUNGSI LEGISLASI DEWAN PERWAKILAN RAKYAT
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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In the history of the development of democracy in Indonesia, state power institutions have changed their functions and duties according to each. The division of power between the legislative, executive and judiciary provides room for mutual cooperation (Checks and Balances). Seeing the current global situation, the world is currently working hard to face the Covid-19 Pandemic which was declared by theWorld Health Organizationas a pandemic in most countries around the world, including in Indonesia which has implications for social, economic and social welfare aspects. . By issuing Law No.2 of 2020 concerning State Financial Policy and Financial System Stability for Handling the Corona Virus Disease (Covid-19) Pandemic and / or in the Context of Facing Threats Since the enactment of this Law, it has immediately drawn contra and criticism from various parties. and what is in the public spotlight on Law Number 2 of 2020 is inseparable from the existence of Article 27. TheThis type of research to be carried out is normative legal research which is also called doctrinal legal research. With literature review or literature study in searching the data using the deductive method. This research is descriptive in nature which provides data that is as thorough and detailed as the existing problems. In this paper, using qualitative data analysis, which means explaining and concluding about the data that has been collected by the author. through literature that investigates and makes an inventory of legal materials with documents, literature books, legal journals, and laws related to the object of research. From the results of the research and discussion it can be concluded that, First, the ratification of a Draft of Legislative Regulations into a Law is a form of mutual agreement between the President (Executive) and the House of Representatives (Legislative). Second, the implications of the birth of Law Number 2 of 2020. The author provides an ideal concept to the legislative body (which determines legal JOM Fakultas Hukum Universitas Riau Volume VIII No.2 Juli – Desember 2021 Page 2products) that should be closer to law than to politics itself for the sake of public welfare, not for unilateral benefits. It is also suggested that the formulation of legislation should be responsive and involve the community. Because the presence of law must always be adjusted to the development of the community. As a means of driving the progress of society because realistically in Indonesia today the function of the law does not work effectively, it is often manipulated, and even becomes an effective instrument for the accumulation of power. Keywords: Political Law - Formation of Law - Legislation of the DPR
Larangan Perkawinan Sesuku Pada Masyarakat Adat Suku Domo di Desa Rumbio Kabupaten Kampar
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Ethnic marriage is a relationship of association and marriage or marriage between a man and a woman who is still in the same ethnic relationship. There are three systems of traditional marriage, The background of this research examines that tribal marriage for the domo tribe community is a customary prohibition that must be obeyed by the indigenous community. However, in fact, the swiftness of the era of globalization has destroyed the cultural values of the domo tribe, which in the end, there has been a violation of the prohibition of inter-ethnic marriage. Violation of this prohibition has legal implications, namely that the offender is given very heavy sanctions and is not allowed to marry in the village where he lives. The purpose of this study was to determine the factors causing the prohibition of tribal marriages in the indigenous peoples of the domo tribe in Rumbio Village, Kampar Regency, and to determine the sanctions imposed on violations of the prohibition of tribal marriages in the domo tribal community in Rumbio Village, Kampar Regency.This type of research can be classified in the type of sociological research, because in this study the author directly conducts research at the location or place under study in order to provide a complete and clear picture of the problem under study. This research was conducted in Rumbio Village, Kampar Regency, while the population and sample are all parties related to the problems studied in this study, the data sources used, primary data, secondary data, and tertiary data, data collection techniques in this study are observations. , interviews and literature study.From the research, there are three main points that can be concluded. First, the factors that cause the prohibition of tribal marriages are the existence of blood relations, unqualified offspring, narrow associations, can break the ties of brotherhood, break lineages, the existence of the kowi oath, and the domo tribe that is not divided. Second, the sanctions for violations of the prohibition of inter-ethnic marriage are being ostracized in the community, evicted from the village and expelled from the five koto nagari, being fined with an ox, being fined with rice / rice as much as one Rangkiang / Lumbung Padi. Author's suggestion, first, to prevent the occurrence of inter-ethnic marriages, Ninik Mamak in Rumbio Village, Kampar Regency, is able to provide socialization to the community, especially regarding customary regulations regarding the prohibition of inter-ethnic marriages, thereby creating awareness and compliance so that no more people consider the provisions customs regarding the prohibition of tribal marriages are no longer in accordance with the times or violate human rights. Second, parents should be able to heal the spirit of education for the younger generation, which in this case must be started from parents because they have an important role in the education and association of children in society so that they have more extensive knowledge so that there is no wrong or half-understanding.Keywords: Ethnic marriage, Kampar customs, Prohibition of Customary Marriages.

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