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INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 2,579 Documents
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PEMENUHAN HAK ANAK ASUH PADA PANTI ASUHAN DI PANTI ASUHAN YATIM AS SIDIQIYAH SIAK Astri Adillah; Hayatul Ismi; 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

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Abstract

The orphanage is designed to be a temporary shelter that provides protection for the rights of children as representatives of parents in meeting mental and social needs so that they have the opportunity to develop themselves until they reach a mature level of maturity, able to act as individuals and citizens in community life, able to live decent and independent and do not depend on others after leaving the orphanage later. The purpose of writing this thesis, namely; First, To Know the Fulfillment of the Rights of Foster Children at the Orphanage in the Orphanage of Sidiqiyah Siak Orphanage, Second, To Know the Obstacles Faced by the Orphanage of Sidiqiyah Siak Orphanage in Fostering the Rights of Foster Children.This type of research is sociological juridical. Data sources used are primary data, secondary data and tertiary data. Data collection techniques are by questionnaire, interview and literature study. Data analysis uses qualitative data analysis.The results of this study can be drawn several conclusions, First, the fulfillment of the right to shelter, education, food and drink, medication, and compassion have been given. Second, children's rights have not yet been fulfilled the freedom of children to return home, transportation facilities, possession of passbooks and mobile phones, guarantees and routine health services, work skills training, and written rules / discipline / sanctions for the benefit and good of foster children. Third, the obstacles in fulfilling the rights of foster children are more directed to the lack of interest in foster children in the development of skills, manners and character that is not good, as well as the lack of knowledge of the orphanage regarding guidelines for the fulfillment of the rights of foster children in the orphanage. Author's suggestion, that in the future orphanages pay more attention to fulfilling the rights of foster children and motivate foster children to increase awareness of the importance of skills development activities.Keywords: Fulfillment of Rights - Foster Children - Orphanages
TINJAUAN YURIDIS PERLINDUNGAN HUKUM TERHADAP PELAPOR TINDAK PIDANA KORUPSI BERDASARKAN PERATURAN PEMERINTAH NOMOR 43 TAHUN 2018 TENTANG TATA CARA PELAKSANAAN PERAN SERTA MASYARAKAT DAN PEMBERIAN PENGHARGAAN DALAM PENCEGAHAN DAN PEMBERANTASAN TINDAK PIDANA KORUPSI Tio Jatmika; Mexsasai Indra; Erdiansyah Erdiansyah
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

Corruption is a violation of social rights and economic rights of the community, so that criminal acts of corruption can no longer be classified as ordinary crimes but have become extraordinary crimes. Protection for reporters related to corruption is regulated in Government Regulation No. 43 of 2018 concerning Procedures for the Implementation of Community Participation and the Appreciation of the Prevention and Eradication of Corruption. Therefore, the formulation of the problem of this thesis writing is: First, how is the legal protection for the reporters of criminal acts of corruption based on Government Regulation Number 43 of 2018 concerning Procedures for the Implementation of Community Participation and Awarding in Prevention and Eradication of Corruption Crimes? Secondly, is legal protection given to Reporters whose reports do not contain the truth?.This type of research used by the author is normative legal research, also called doctrinal legal research. In this normative legal research, the author is interested in conducting research using the systematic criteria of law. Sources of data used, namely: primary data, secondary data and tertiary data. Data collection techniques in this study using the method of literature study that is the researcher analyzes based on books, legislation and other literature related to the problem under study. Data analysis was carried out qualitatively ie the data obtained were not using statistics or mathematics or the like. In drawing conclusions the author uses the method of deductive thinking that is a way of thinking that draws conclusions from a statement or general proposition into a statement or case that is specific.Conclusions from the results of the study, first, the rules regarding protection for reporters are not maximally provided such as protection for witnesses and victims. Article 2 of the Republic of Indonesia Law No. 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection of Witnesses and Victims provides protection for witnesses and victims at all stages of criminal justice in a court of law. Whereas the reporter who is also a witness did not receive an award for the report he reported and there was no legal certainty. Second, the reporter whose report does not contain the truth means that there is no legal protection. It should be that the Reporting Party whose report contains the truth or whose report does not contain the truth must still be given legal protection.Keywords: Corruption - Reporting - Legal Protection
ASPEK HUKUM PIDANA DALAM JASA PEMBUATAN TUGAS AKHIR MAHASISWA DI PERGURUAN TINGGI Bella Maida Sasmita; Erdianto Effendi; Davit Rahmadan
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

The thesis jockey phenomenon occurs due to a combination of the education culture in Indonesia which is oriented towards the final grades and the mentality of the students themselves, plus the absence of firm regulations. The rise of thesis writing services in several cities is a serious challenge for existing universities. This practice is an act that can be said to be disgraceful or intellectual fraud.The purpose of this research is to find out how the aspects of criminal law are in the making of final assignments in higher education and how the criminal law policy towards final assignment making services in tertiary institutions for the future. The research method used in this thesis uses normative legal research methods, namely legal research that examines statutory regulations and legal principles.From the research, there are two main points that can be concluded. First, the aspect of criminal law in the services of making final assignments in tertiary institutions, namely that it cannot be included in the criminal act of fraud or contained in the Criminal Code because the elements of fraud are not fulfilled which for its perfection must have consequences. and one of them is due to the existence of the principle of legality in criminal law which states that a person cannot be convicted if there is no law that regulates it. Even though the act of making the final project is considered despicable, criminal sanctions cannot be given. Second, criminal law policy is an effort to make good criminal law regulations essentially inseparable from the goal of overcoming crime. In criminal law policy, the provision of crimes to tackle crimes is one of the efforts in addition to other efforts. The author's suggestion, First, it is hoped that the government will pay more attention to how the implementation of the world of education in Indonesia at this time, especially in universities by providing more specific arrangements regulating final assignment making services, and the campus should better monitor the process of making student final assignments, especially as supervisors. Second, it is hoped that the government can add to the thesis jockeying act in the National Education System Law and the Higher Education Law for academic fraud in addition to just plagiarism. Even if it cannot be changed or revised, it is hoped that there will be new regulations that specifically regulate the existence of legal certainty.Keywords: Juggling, Student Final Project, College, Criminal Aspects
REFORMULASI KETENTUAN PASAL40 AYAT 2 UNDANG-UNDANG NOMOR 5 TAHUN 1990TENTANG KONSERVASI SUMBER DAYA ALAM HAYATIDAN EKOSISTEMNYA TERHADAP PELAKU EKSPLOITASI HEWAN DALAM PERSPEKTIFHUKUM PIDANA INDONESIA Rizki Pratama Kaloko; Erdianto Effendi; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

Exploitation of animals in recent times often occur in the territory of Indonesia both from the use to the destruction of these animals. In this case it is explained in Article 33 Paragraph (3) of the 1945 Constitution, which explains that "the earth and water and the natural resources contained therein are controlled by the state and used for the greatest prosperity of the people." But one problem that arises is that if we look at current reality, that the application of sanctions or penalties against the perpetrators of animal exploitation is not running properly, so it does not provide a deterrent effect on the perpetrators. The use of legal remedies, including criminal law as an effort to overcome social problems, including in the field of law enforcement policies.The type of research / approach used by the author is normative legal research, namely library law, because it makes library material as the main focus. In this normative legal research the writer conducts a study of legal systematics carried out by examining the basic understanding of the legal system contained in legislation. Where the author is guided by the provisions in force.From this research, it can be concluded that in terms of implementation related to reformulation in animal exploitation, we need to understand or know about Law Number 5 of 1990 regulating the Conservation of Living Natural Resources and Ecosystems, the utilization of which is carried out wisely to ensure the continuity of its supplies while maintaining and increasing the quality of diversity and its value. Besides that, in terms of the idea of the provisions of Article 40 Paragraph 2 of Law Number 5 of 1990 regulating the Conservation of Biological Resources and their Ecosystems against animal exploiters the need for renewal in the perspective of criminal law certainly cannot be released with the values of life and culture of a nation.Keywords: Reformulation, Animal-Exploiters
PELAKSANAAN CORPORATE SOCIAL RESPONSIBILITY (CSR) OLEH PLN UIP SUMBAGTENG CABANG SOEKARNO HATTA PADA PERUMAHAN BUMI TAMPAN LESTARI DI KOTA PEKANBARU Septriana Rahmawati Ardiani; Evi Deliana; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

CSR is one of the obligations of companies, especially state-owned enterprises. The company's obligation to CSR as one of the manifestations of social solidarity or corporate concern for the community and environment. CSR has 4 forms, namely: Philantrophy Model of CSR, Economic View of CSR, Social Web Model of CSR and Integrative Model of CSR. In this case, researchers want to know the implementation of CSR by PLN UIP Sumbagteng on Bumi Tampan Lestari housing, considering two extra high voltage airway buildings located in residential areas.The method used in this research is sociological/ empirical. Data collection was carried out by the dissemination of questionnaires on 50 people who were respondents in the Bumi Tampan Lestari housing estate. In addition, data collection is also done by means of interviews and literature studies.The results stated that PLN only implements 2 (two) types of CSR, namely Philantrphy of CSR Model and Economic View of CSR. There are still two other types of CSR that have not been implemented by the PLN. in addition, the obstacles experienced by PLN Sumbagteng in the implementation of CSR consists of internal and external. Internally, obstacles are found such as leadership in the company and the size of the area that is the tangent of PLN UIP Sumbagteng. While from external such as local cultural environment and macroeconomic political environment.Therefore, PLN is expected to carry out CSR that has not been implemented. This aims to improve the quality of life of the community and the environment that benefits both the company itself, the local community and the community in general. In its implementation CSR is also the company's commitment to participate in sustainable economic development.Keywords: Corporate Social Responsibility - Company - PLN Sumbagteng
KEBIJAKAN HUKUM PIDANA KEBIRI TERHADAP PELAKU KEKERASAN SEKSUAL PADA ANAK DIKAITKAN DENGAN SISTEM PEMIDANAAN Isfan Santia Budi; Emilda Firdaus; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

One form of protection for children to anticipate the increase in violence against children, the Government issued Perpu Number 1 of 2016 which was ratified into Law Number 17 of 2016 concerning the stipulation of Perpu Number 1 of 2016 concerning the second amendment to Law Number 23 of 2002 concerning Child protection. The regulation provides assistance on the strengthening of sexual crimes, especially children. In the Perpu criminal assistance and action. The Perpu states that the perpetrator who commits a criminal act can be given action in the form of chemical castration with rehabilitation which will be reviewed directly through the criminal system.This study aims to explain the chemical castration criminal law policy that applies in Indonesia in relation to the purpose of punishment. 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 chemical castration criminal law policies in terms of criminal law and criminal law policy theory.The conclusions that can be obtained from the research results are First, the criminal law policy in Law Number 1 of 2016 concerning the second amendment to Law Number 23 of 2002 concerning Child Protection views chemical castration against perpetrators of sexual violence in children currently considers chemical castration as an act that is separate from rehabilitation efforts does not look at chemical castration in the context of the perpetrator's rehabilitation. Second, the ideal castrated criminal law policy against perpetrators of sexual violence against children is associated with the criminal system, namely paying attention to the criminal system itself so that the criminal law policy process is mutually correlated, because in the criminal system there is such a thing as a relative theory or objective theory.Keywords: Policy, Criminal Law, Sexual Violence, Chemical Castration, Criminalization.
PENGARUH KETERANGAN SAKSI MAHKOTA TERHADAP PUTUSAN HAKIM DALAM MENJATUHKAN SANKSI DIPERSIDANGAN Asha Farzah; Evi Deliana; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

The use of crown witnesses as evidence in criminal cases is permissible because it is based on reasons of concern about the lack of evidence presented, especially with regard to criminal cases in the form of inclusion and also reasons to fulfill a sense of public justice. The normative use of crown witnesses in the process of examining criminal cases does not clearly stipulate, but their use is recognized. The background presented by the witnesses of the crown is caused by the testimony of the witnesses of the crown is something that he saw himself and he did himself with his colleagues. Although his testimony feels burdensome to the other suspects even himself.The type of research is normative research by research into legal principles. This study uses a secondary data source consisting of primary legal materials, secondary legal materials, and tertiary legal materials, data collection techniques in this study with literature studies.From the results of the research problem there are two main things that can be concluded. First, the influence of the crown witness's statement on the judge's decision in imposing sanctions at the trial can be said to assist the judge in deciding the verdict on a case in which there is a lack of valid and sufficient evidence. Second, the judge's consideration of sanctioning the crown witness in the judge's decision is to accept formal facts with valid evidence and determine them based on the judge's conviction so that the judge's decision on a case can determine the fate of the defendant / kroon geituge.Keywords: Kroon getuige- Judge's decision- Sanctions
PERTANGGUNGJAWABAN PIDANA CV. PERMATA BUNDAATAS TINDAK PIDANA KECELAKAAN LALU LINTAS OLEH PENGEMUDI BERDASARKAN UNDANG UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN DI KOTA DURI Weli Gusnanda; Mukhlis R; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Land transportation can reach all points in Indonesia. Thus, transportation is a necessity that cannot be separated from the growth of society, especially in this era of globalization, which all require a faster media. Transportation facilities in Indonesia certainly play an important and strategic role so that their implementation is controlled by the state, and their guidance is carried out by the government. Thus, it is hoped that the existence of transportation will be able to influence all aspects of life, especially the smooth flow of trade and development results. And the existence of traffic has a function in accordance with the objectives of national development, namely to form a just and prosperous society both materially and spiritually based on Pancasila and the 1945 Constitution of the Republic of Indonesia.The problem that the writer makes the basis of this research is how the criminal responsibility of CV. PermataBunda for the crime of traffic accidents by the driver of CV. PermataBunda and What are the obstacles faced in law enforcement for traffic accidents by drivers of CV. Jewel Mother in the City of Duri?This type of research used by the author is sociological legal research, which is also called doctrinal legal research. This normative research is a study that discusses legal principles, legal systematics, the level of legal synchronization, legal history and legal comparisons. From this sociological legal research, the author is interested in conducting research using legal systematic criteria. The results of this study are firstly that corporate criminalization is often associated with financial problems, but in principle it has more than that. This is supported by the fact that currently a business entity is formed to achieve prosperity, whether it is implemented by the government or by an individual or a group. The same is the case with one of the public transportation corporations located in Mandau sub-district, Duri city, namely CV PermataBunda, which in terms of solving problems that occur in traffic accidents carried out by one of the drivers or drivers, in this case the settlement made by CV PermataBunda Not at all affected by the criminal action, in this case CV PermataBunda only provides compensation to the victim but the one being convicted is the driver or the driver, in accordance with the provisions of Law Number 29 of 2009 Article 315, CV PermataBunda should also be convicted by punishment in the form of imprisonment or a fine as well as suspension of public transport permits. The two factors that influence law enforcement on traffic accidents by CV drivers. The gems of the Mother in the City of Duri are; legal factors, law enforcement factors, facilities and infrastructure factors and supporting facilities as well as community factors.Keywords: Transportation, Public Transport, accidents
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENJUALAN MIE BERFORMALIN DI KOTA PEKANBARU Nova Putri; 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

Law enforcement is a series of efforts, processes and activities to make the law work properly. One of the problems that still occur today is the criminal problem of selling formalized noodles in the Pekanbaru area. The problem of the criminal act of selling formaldehyde noodles is a very important legal problem because it can give an indication to public health, the authors still see many yellow (wet) noodle sellers who have not fulfilled proper food sales procedures maximally. so that researchers need to research related to how law enforcement related to the criminal act of selling formalin noodles in the Pekanbaru area. The purpose of writing this thesis is First to find out the law enforcement related to the criminal act of selling formalized noodles in Pekanbaru. Second, to find out obstacles in the law enforcement process related to the criminal act of selling formalized noodles in Pekanbaru. Third, to find out the ideal law enforcement solution to prevent criminal acts of selling formalized noodles in Pekanbaru.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 an overview of the cases being studied. In this study using qualitative data analysis, which means explaining and concluding about the data that has been collected by the author. This study uses codified primary and secondary data.The results of this study are law enforcement against yellow (wet) noodle sellers who are known to have problems in terms of food or the production process is not optimal. When a criminal sanction has been given, whether in the form of a warning letter of the danger of imprisonment or something else, the same case still occurs so that the prevention of this case must be carried out maximally through more stringent means or procedures. The obstacles in law enforcement are focused on one object, namely "society" itself. Starting from supervision, the lack of legal awareness and socialization in the community has not been maximal. Efforts made to overcome obstacles in carrying out law enforcement, namely the need to increase socialization in the field and the stipulated legal rules must have an impact on the community so that the same case does not happen again.Keywords : Law Enforcement-Sale-the Crime of Formalin Noodles
Penegakan Hukum Terhadap Pelaku Tindak Pidana Eksploitasi Anak Yang Dijadikan Pengemis Di Wilayah Hukum Kepolisian Resor Kota Pekanbaru Ramayana Ramayana; Emilda Firdaus; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

Children are vulnerable to becoming victims in a crime. One of the crimes against children is the exploitation of children who are made beggars, where children are employed by begging on the streets. In the child protection law, it is clear that there are prohibitions and criminal sanctions against perpetrators who exploit children, but there are still many cases of exploitation of children not followed up by law enforcers. Law enforcers should take firm action against child exploiters who become beggars based on Law Number 35 of 2014 concerning Protection. The author's research objectives are: To find out the law enforcement against the offenders of child exploitation crimes that are used as beggars, and the factors that hinder the law enforcement of the perpetrators of child exploitation crimes that are used as beggars in the Kepolresta Pekanbaru legal area.In this study the authors use the method of sociological legal research that is research that wants to see the correlation between law and society, this study was conducted in the jurisdiction of the Pekanbaru police resort town, while the population and sample are all of the parties related to the problem under study, in this study the data source used are primary data sources, secondary data, and Tertiary Legal Materials, data collection techniques in this paper that is by conducting interviews and library research, and the authors analyze the data using deductive methods namely ways of thinking that draw conclusions from a statement or proposition that is general nature into a statement that is special.From the results of the author's research, it can be concluded that; first, law enforcement against child exploitation perpetrators who are beggars in the Pekanbaru city police jurisdiction is less effective because the perpetrators of child exploitation criminals who are used as beggars never process law. Second, the servant factors faced by the police in upholding the law are the lack of awareness and awareness of the law of the community, factors of law enforcement officials, facilities and infrastructure, culture and morals of the communityKeywords: Law Enforcement - Criminal Acts - Child Exploitation

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