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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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PELAKSANAAN PEMBAGIAN HARTA BERSAMA AKIBAT PUTUSNYA PERKAWINAN KARENA PERCERAIAN PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 64/PUU-X/2012 TENTANG KERAHASIAAN BANK
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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Abstract

The implementation of the sharing of shared assets can be carried out in court. The court in question is the District Court and the Religious Court / Sharia Court. On religious courts / Syariah Court, distribution of shared assets can be carried out simultaneously with the divorce and can also be separated by divorce, while in the District Court, the sharing of shared assets must be separated by divorce. In this study, the author wants to examine the implementation of the sharing of shared assets in the form of money and assets saved by one of the parties in the bank after the issuance of the Constitutional Court Decision Number 64 / PUU-X / 2012 which is testing article 40 of the banking law concerning bank secrets , the decision of the Constitutional Court is intended to protect the rights of the husband / wife to the joint assets saved by one of the parties in the bank , because the joint assets are assets acquired by the husband and wife after the marriage, so that the husband and wife are entitled to the joint property, so that in its decision the Constitutional Court added the exception to the opening of bank secrets, namely that bank secrets could be opened to resolve the problem of sharing property together in the divorce case.The purpose of this thesis is: First to find out the implementation of the sharing of joint assets due to the termination of the marriage due to divorce when the Constitutional Court Decision Number 64 / PUU-X / 2012 concerning bank secrecy. Secondly, to find out the ideal arrangement for the distribution of joint property of marriage that is registered in the bank in order to realize legal certainty regarding the rights of husband / wife in divorce cases .This type of research is normative legal research or also called doctrinal legal research and this research is descriptive. The data sources used in this study are secondary data, namely data obtained from the literature such as legal journals, books, judge decisions relating to research. This data analysis is carried out qualitatively and deductively withdrawn.From the results of this study there are two main problems that can be concluded, First, that after the decision of the Constitutional Court was issued, husbands and wives have been able to open customer and deposit dataprotected by bank secrets in divorce cases. Second, see in the Decision of the Constitutional Court that it does not specifically explain whether the a quo ruling also has binding legal force on the case of the sharing of shared assets separated by divorce cases, so as not to give legal certainty to the division of joint property separated by divorce, so according to the author there must be a renewal of the Banking Law and Bank Indonesia Regulations on Constitutional Court Decisions and are also confirmed to apply to the distribution of shared assets separated by divorce.Keywords: Marriage, Shared Assets, Bank Secrets
Politik Hukum Pembentukan Peraturan Daerah Provinsi Dikaitkan dengan Kewenangan Menteri Dalam Negeri dalam Pembatalan Peraturan Daerah Provinsi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The issuance of the Constitutional Court Decision number 56 / PUU-XIV / 2016 related to thecancellation of the regional regulation by the governor and minister. With the Constitutional Court's decision,the Minister of Home Affairs will no longer be able to revoke the provincial regulation. In the decision also theConstitutional Court stated, for the sake of legal certainty and in accordance with the 1945 Constitution of theRepublic of Indonesia according to the Court, the testing or cancellation of regional regulations became thedomain of the constitutional authority of the Supreme Court. Meanwhile, in carrying out the judicial review, theproblems faced included, among others, the mechanism that made it difficult for the community to take theprocedure to file a judicial review of the local regulation. On the other hand the Minister of Home Affairsobtained the authority to carry out executive review on the basis of the authority granted by the RegionalGovernment Law and its derivative legislation in carrying out guidance and supervision on the implementationof regional autonomy, in this case the regional regulation. So that it has implications for legal uncertainty inlaw enforcement and development in Indonesia, especially those related to whether the regulation has legalstrength or lacks legal force in its implementation, especially the provincial regulations that are passed on bythe minister of interior in 2016. There are two things from the problem research principal that can beconcluded. First, the legal politics of the establishment of provincial regulations associated with the authorityof the Minister of Home Affairs in the cancellation of 2016 regional regulations which have implications forlegal uncertainty in testing local regulations with the legal dualism between the existence of judicial review andexecutive review in the perspective of applicable legislation can cause problems . Secondly, the ideal idea in theFormation of Provincial Regulations is to provide ideas in the propemperda process so that they are inaccordance with the concept of the desired legal requirements.This This type of research is normative legal research, because in this study the author conducted astudy of legal norms, by first identifying the legal principles that have been formulated in certain laws andregulations, in order to provide an explanation of the qualitative juridical is a research procedure thatproduces descriptive analytical data, which collects all data from primary and secondary legal materialsrelating to the politics of cancellation of provincial regulations by accommodating legal theories and otherlegislation. Accompanied by data sources used in this study include: primary data, secondary data and tertiarydata.The author's suggestion, First, seeks to improve the mechanism of local regulation testing. Secondly, thelegislators should need systematic and continuous efforts to improve the capacity of DPRD members and LGsin designing good local regulations.Keywords: Establishment of Regional Regulations-Politics Law-Regional Autonomy
PERTANGGUNGJAWABAN PIDANA ATAS PEMBERITAAN YANG TERINDIKASI ADANYA PENCEMARAN NAMA BAIK DIKAITKAN DENGAN HAK JAWAB DALAM UNDANG-UNDANG NOMOR 40 YAHUN 1999 TENTANG PERS
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Criminal liability for reporting indicated by the existence of defamation associated with the right of reply in Act No. 1999 concerning the Press is a provision that must be carried out by the public or the press relating to a news. The existence of defamation cases has developed in accordance with the era not only through newspapers but also through the internet. The press is a lex specialis (more specific law) on the provisions of criminal law (KUHP) so that in this case the provisions used are the Press Law, things that are not regulated in the press will refer to the provisions in the Criminal Code. In fact, there are still press who are held accountable based on the provisions of criminal law relating to the right of reply in Article 5 paragraph (2) and in some decisions the journalists are prosecuted for these provisions. The purpose of this thesis is, firstly: To find out the criminal liability for reporting which is indicated by the existence of defamation associated with the right of reply in law number 40 of 1999 concerning the press. second: To find out the right of reply as referred to in Article 1 number 11, law number 40 of 1999 can give consideration to the judge in giving a decision on the news which indicates a defamation.This type of research is normative juridical research, namely research conducted by examining the literature discussion with secondary data sources consisting of primary legal material in the form of legislation, legal material and tertiary legal discussion in the form of a dictionary. Then the data is analyzed qualitatively, namely analyzing data descriptively obtained from secondary data.From the results of the study it can be concluded that, first, criminal liability for defamation is carried out by the press. then the person who must be accounted for in the trial is the editor in chief or the editorial field whose provisions are contained in Article 12 and based on Articles 55 and 56 of the Criminal Code. Secondly, the provisions of the right of answer stipulated in Article 5 paragraph (2), where when a press defames a person's name in a news, the press must serve the right of reply. Even though the right of answer has been carried out by the press and ethically the problem has actually been considered complete, it does not rule out the possibility that the party who feels disadvantaged continues the matter to the court, remembering the Press Law does not prohibit this.Keywords : Criminal Accountability - News - Defamation - Rights Reply.
PERLINDUNGAN HUKUM BAGI PENYEBAR KONTEN MEDIA SOSIAL YANG MENGANDUNG TINDAK PIDANA Gusti Erlangga JF; Erdianto Effendi; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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This research discusses the Legal Protection of Social Media Content Spreaders that Contain Crimes. Legal protection is an act to protect the interests of legal subjects with the rules or rules that apply to the person to take action that can meet their interests. Based on Article 27 paragraph (3) of the Transaction and Electronic Information Act, hereinafter referred to as ITE, states that it prohibits anyone from deliberately and without the right to distribute and / or transmit and / or make access to Electronic Information and / or Electronic Documents that have an insulting content. and / or defamation. The purpose of writing this thesis, namely; First, to find out Legal Protection for Social Media Content Spreaders Containing Criminal Acts, Second, To find out the ideal settings in providing Legal Protection for Social Media Content Spreaders that Contain Crimes.The type of legal research used by the author is a type of normative research. Normative legal research uses primary data and secondary data. Data collection techniques in this study with library research literature.From the results of this study the authors conclude that legal protection for disseminating social media content that contains criminal acts is seen from the freedom of expression and believes there are still some rights that are violated. The ideal arrangement in providing legal protection for disseminators of social media content that contains criminal acts is not so optimal in Indonesia.Keywords: Content Spreader - Criminal Actions - Legal Protection
PERTANGGUNGJAWABAN PT. HEROTAMA INDONUSA CABANG SUMATERA BARAT DALAM PELANGGARAN KONTRAK KERJA DENGAN KILANG PANASONIC SYSTEM NETWORKS Gladysha Indahcantika Mazalio; Firdaus Firdaus; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

The concept of the rule of law provides rights and obligations to citizens by the state, one of which is guaranteed by the state is the availability of employment for citizens. This can be seen in Article 28 D Paragraph 2 of the 1945 Constitution which states that everyone has the right to work and to receive fair and appropriate compensation and treatment in an employment relationship. Judging from this article, it states that the state must contribute to guarantee citizens for decent work. To support government policies and programs, the government issues government policies and programs in the placement of Indonesian migrant workers abroad.However, in its implementation a lot of legal violations occurred concerning Indonesian Migrant Workers working abroad, such as violating the law in a work agreement or (default). There are many incidents where Indonesian Migrant Workers who flee while doing work cause many service providers to become victims of losses for mistakes made by Indonesian Migrant Workers.The purpose of writing this thesis, namely; First, knowing the responsibility of PT.Herotama Indonusa for migrant workers who have violated the employment contract with the Panasonic refinery, Second; know the nature of the legal consequences of Indonesian Migrant Workers who violate employment contracts.From the results of the study based on two problem formulations can be concluded, First, In the responsibilities carried out by the company PT. Herotama Indonusa to the Panasonic Refinery, PT. Herotama Indonusa must compensate for actions committed by migrant workers. PT. Herotama also had consequences on the blacklist from the refinery so that this was very detrimental to PT. Herotama Indonusa. Second, the implementation of the legal consequences given to the Migrant Workers should be to impose sanctions in accordance with the contents of the employment contract agreement between the Migrant Worker and PT.Herotama Indonusa Company, but in reality the Migrant Worker does not fulfill the contents of the agreement. And also supposedly in Law number 18 of 2017 concerning the Protection of Migrant Workers regulates the obligations of Migrant Workers when committing violations or mistakes related to work contracts.Keywords: Liability-violation-employment contract
NEPOTISME DALAM PERSPEKTIF HUKUM PIDANA INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Nepotism is any act of the conduct of the state against the law that benefits the interests of his family and / or cronies above the interests of the community, nation and state. The practice of nepotism is still frequently practiced in Indonesia, it has even become a public secret in the process of recruiting new employees, both in government agencies and companies and in the private sector. Nepotism is regulated in Act Number 28 of 1999 concerning Organizers that are Clean, Corruption-Free, Collusion and Nepotism. The ratification of the Act should have been the legal basis for prohibiting the practice of nepotism, along with corruption and collusion. But in reality the case of nepotism in Indonesia has never been heard at all despite numerous complaints, statements and evidence.This type of research can be classified in normative juridical research, because this research was conducted by examining secondary data and approaches to the law, this normative study examines the principles of law. Sources of data used are primary data, secondary data, tertiary data, data collection techniques in this study are normative juridical, the data used is literature study.The results of the research conducted by the author are that the regulation of Nepotism is still very weak and the problem of law enforcement institutions authorized to enforce the law against nepotism has not been effective. Therefore to be able to enforce the rules regarding nepotism and to eradicate it, it is necessary to have an effort to reform Law No. 28 of 1999 concerning State Administrators that are Clean, Corruption-Free, Collusion and Nepotism. In addition to improvements in legal arrangements or norms regarding nepotism, cooperation is also needed between law enforcement officials in order to effectively enforce the rule of law regarding nepotism by holding special opinions needed by special investigators to prevent and eradicate the crime of nepotism. And the need for socialization by law enforcement officers to the public about the importance of knowledge of the efforts to prevent and eradicate the crime of nepotism.Keywords: Criminal Acts, Nepotism Regulation, Nepotism, Prohibiting Proof
DISPARITAS PUTUSAN PIDANA TERHADAP TINDAK PIDANA NARKOTIKA BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Judicial power is a guide for judges in forming an independent judiciary. This means the power of the judiciary is free from the intervention of the parties and the power of the State unless otherwise determined by law. The freedom of the judge in passing his decision has a negative impact, namely criminal disparity. In this paper, the author focuses on the occurrence of funding disparity against the criminal decision of narcotics abuse issued by the Pekanbaru High Court. The purpose of writing this thesis: First, to know the judge’s perspective in deciding the decision of the appellate court on narcotics crime cases under Law Number 35 of 2009 on Narcotics. Second, to know the negative impact that arises from the disparity of punishment on law enforcement of narcotics crime. Third, to know the right conviction idea to solve the problem of narcotics trafficking in Indonesia. The author conducts this research with normative research methods or library studies in order to obtain secondary data obtained from documentary studies that is by studying and analyzing descriptively comparatively to the legislation with theories related to the problems studied. From the result of the study there are three main things that can be concluded: First, the Pekanbaru High Court’s Judge has different perspectives in making decisions, thus causing disparity of punishment. Second, the negative impact from this disparity of punishment is the emergence of social jealousy and negative views by the defendant, the community and the community that have potential to commit a narcotics crime against judicial institutions. Third, the right conviction idea to solve the problem of narcotics trafficking in Indonesia can be done by establishing the idea of a “Double Track System” punishment. The author's advice, the panel of judges in imposing criminal sanction must be based on consideration that have truly provided a sense of justice to each party and the need for a guiding instrument for the administration of crimes in criminal law in Indonesia.Keywords: Disparity – Judgement – Narcotics Crime
UPAYA PENCEGAHAN TINDAK PIDANA KORUPSI YANG DILAKUKAN OLEH KEPALA DESADI KECAMATAN RETEH KABUPATEN INDRAGIRI HILIR
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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This study aims to determine the efforts to prevent corruption in the Reteh sub-district, Indragirihilir district. Eradication of corruption does not only through law enforcement (repressive) but preventive measures should be prioritized. The emergence of criminal acts of corruption as regulated in Law No. 20 of 2001 concerning the Prevention of corruption, the village government is expected to do as much as possible to prevent corruption.The type of research used in writing this law is sociological legal research. Meanwhile, if viewed from the nature of this research is descriptive.This research was conducted in Reteh sub-district, Indragiri downstream district. The results obtained in terms of efforts to prevent corruption in the reteh sub-district, Indragiri downstream district, are the village government implementing efforts in the form of transparency and inviting the community to participate in building villages. about community participation in preventing corruption and the lack of role of the village consultative body (BPD)Keywords: Implementation of Restitution, Child Victims, Sexual Violence
Penyidikan Terhadap Pelaku Tindak Pidana Penggelapan Mobil Rental oleh Kepolisian Resor Kota Pekanbaru Selvy Yustunika; Dessy Artina; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Indonesia is a developing country, in a developing country the fulfillment of economic needs and motor vehicle facilities, especially cars, is very important for its people. With the higher needs, the higher the risk of crime. The crime of embezzlement of rental cars has happened a lot in people's lives. The embezzlement was carried out by the perpetrators to fulfill the necessities of life, with many car rental fraud embezzlement now it is necessary to consider quick action by the investigators regarding the background and mode of the fraud of the rental car embezzlement as well as how criminal liability against the embezzler of the rental car embezzlement that causes the occurrence of the acts embezzlement.The type of legal research used by the author is the type of sociological research, which is field research to see the effectiveness of law. According to Soejono Soekanto that in sociological legal research can see the correlation between law and society so that it can reveal the effectiveness of the law in society and identify unwritten laws that apply to the community. This research is based on descriptive research, which is a study that aims to describe the situation or phenomenon that occurs as clearly as possible. In this case what will be described is the rule of law, the crime of embezzlement of four-wheeled vehicles, obstacles encountered in the Pekanbaru City Police Department.The conclusion is that fraud is caused by economic factors that force a person to commit a crime. To get the defendant's money, he bought a car which the defendant pawned to get the amount of money the defendant used for his daily needs. After the elements of a criminal offense have been fulfilled, the perpetrators of these crimes must be sentenced. The embezzlement crime is regulated in article 372 of the Criminal Code which carries a maximum sentence of 4 years in prison.Keywords: Investigation – Embezzlement.
PENEGAKAN HUKUM TERHADAP DEMONSTRAN YANG BERTINDAK ANARKIS BERDASARKAN UNDANG – UNDANG NOMOR 9 TAHUN 1998 TENTANG KEMERDEKAAN MENYAMPAIKAN PENDAPAT DI MUKA UMUM (STUDI KASUS DEMONSTRASI MAHASISWA DI PEKANBARU) Fredrick Constanthia Thianda; Mukhlis R; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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In Article 28 of the 1945 Constitution of the Republic of Indonesia states that everyone is free to associate, gather and express opinions orally and in writing in public. As for the forms of conveying an agreement in public, namely by way of demonstrations or associations, parades, general meetings and free forums. Then the procedures for submitting the agreement in public are regulated in the Regulation of the Head of the State Police of the Republic of Indonesia Number 7 of 2012 concerning Procedures for Providing Services, Safeguarding and Handling Cases for Submitting Opinions in Public. Lately we have seen that many people, especially students in Pekanbaru, in conveying their statements in public often end up in chaos or anarchism and clash with the Police. So that researchers need to research related to how law enforcement against demonstrations or actions carried out by students in Pkanbaru which ended in chaos or anarchism at the Pekanbaru City Police. This type of research is sociological legal research, namely research that seeks a correlation between law and society. This research is descriptive in nature, namely the researcher tries to provide a description of the case being studied. In this study using qualitative data analysis which means explainnning and concluding about the data that has been collected by the author. This research uses codified primary and secondary data. The result of this research is that law enforcement against demonstrators with an anarchic attitude that occurred in the city of Pekanbaru has never or has not been brought forward to the stage of investigation and investigation by the Police. This happened because in the case of law enforcement against anarchist demonstrators, there must first be a report to the Police that a person or a representative from this Government agency has suffered losses due to demonstrations that have been conducted by students. However, law enforcement against these demonstrators can also be carried out without any report from the injured party if in the demonstration there are protesters caught in the hands of being caught carrying sharp weapons, carrying out theft and committing vandalism. Keywords: Student – Demonstration - Anarchist

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