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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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PERANAN PUSAT PELAYANAN TERPADU PEMBERDAYAAN PEREMPUAN DAN ANAK DALAM PEMULIHAN KORBAN PELECEHAN SEKSUAL ANAK DI KABUPATEN PELALAWAN
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

Human rights are fundamental rights that are inherently inherent in human beings,are universal, and bestowed by God Almighty. In the protection of human rights, children arealso included. Child is someone who is not yet 18 (eighteen) including a child who is still in thewomb. Child protection efforts must begin as early as possible, but in reality it is still oftenheard that children are victims of sexual abuse and there are still many children whose rightshave not been fulfilled to date. The purpose of this paper is: first, to determine the extent of therole of integrated service centers for women and children empowerment in the recovery ofvictims of child sexual abuse in Pelalawan District, secondly, to find out what constraints facedby integrated service centers empower women and children in recovery of victims of childsexual abuse in Pelalawan District, thirdly, to find out what efforts should be made so that theintegrated service center for women's and children's empowerment can be maximized inrestoring victims of child sexual abuse in Pelalawan District.This type of research can be classified in the type of sociological juridical research,because in this study the author immediately conducts research on the location or place understudy in order to give a complete and clear picture of the problem under study. This researchwas conducted in Pelalawan District P2TP2A, while the population and samples were allparties related to the problems examined in this study, data sources used, primary data,secondary data and tertiary data, data collection techniques in this study with interviews andstudies literature.From the results of the problem research there are three points that can beconcluded. First, the Recovery of Victims of Child Sexual Harassment in Pelalawan District hasnot yet proceeded as it should, secondly, Constraints when dealing with parents of victims,Making agreements with the police, Conducting dialogues and mediation, Constraints thatcome from reporters and while Lack of Public Awareness, third, Effort must P2TP2A Unit doesa good collaboration between P2TP2A personnel and P2TP2A Unit so that they help andunderstand each other in carrying out their duties to provide protection for child victims. Theauthors, first, prevent and eradicate child sexual abuse, secondly, provide important guidanceto parents children, thirdly, the P2TP2A Unit and the Pelalawan District police ranks mustfurther enhance cooperation between communities.Keywords : Role-P2TP2A-Recovery of Child-Sexual Abuse-Victims
PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA MODIFIKASI RANGKA KENDARAAN BERMOTOR RODA DUA DI WILAYAH HUKUM KEPOLISIAN RESOR KOTA DUMAI Simon Albertian Redy S; 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

According to Law of the Republic of Indonesia Number 22 of 2009 concerning Road Traffic and Transportation Article 277 "Any person who enters a motor vehicle, trailer, and attached train into the territory of the Republic of Indonesia, manufactures, assembles, or modifies which causes a change in type, train. trailer, attached carriage, and special vehicles operated domestically that do not fulfill the type test obligation, will be subject to a maximum imprisonment of 1 year or a maximum fine of Rp. 24,000,000 ", but in practice there are still many motorists who modify motorized vehicles without paying attention to the provisions. - the provisions in the Law. This research is a sociological legal research, which is a study that seeks to see the unity between law and society with the gap between das sollen and das sein. The nature of this research is descriptive research, which is a method intended for exploration and clarification of a social phenomenon or reality by describing a number of variables relating to the problem and the unit under study. The data source is secondary data which is divided into 3 (three), namely primary, secondary and tertiary legal materials. The purpose of this study was to determine how law enforcement, constraints, and how the efforts to apply to traffic violations related to law enforcement against traffic violations in the form of violations of two-wheeled motor vehicle modification in the legal area of the Dumai City Police. From the results of the research, firstly about how law enforcement against perpetrators of violations of two-wheeled motor vehicle modification in the jurisdiction of the Dumai City Police, secondly What are the obstacles to law enforcement against traffic violations in the form of violations of two-wheeled motor vehicle modification crimes in the jurisdiction of the Resort Police. Dumai City, and third. How are the law enforcement efforts against traffic violations in the form of violations of the criminal act of modification of two-wheeled motor vehicles in the jurisdiction of the Dumai City Police.Keywords: Law Enforcement, Traffic Crime, Traffic Offenses, Modifications, Motor
PELAKSANAAN PERJANJIAN KERJA DI PABRIK SAWIT PT. ANUGERAH TANI MAKMUR (ATM) MAREDAN Suratun Suratun; Evi Deliana; Riska Fitriani
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

A probationary work agreement is an agreement made between a worker and a company. This is in accordance with Article 1320 of the Civil Code (hereinafter KUHPerdata) which states that the terms of the agreement must be an agreement from the party making the agreement, the ability to make an agreement, there are certain objects or things, lawful causes. The provisions of Article 52 of Law Number 13 Year 2003 concerning Manpower are a development of Article 1320 of the Civil Code, which states that the four conditions above are required for the validity of an agreement. The provisions for workers in the probationary period agreement are in Article 60 of Law Number 13 of 2003 concerning Manpower, so the probation period is not more than 3 months. Meanwhile, workers who are contract employees are not allowed to stipulate an agreement for a probation period.This type of research is sociological legal research, namely research that examines the legal aspects by looking at the applicable laws and comparing with the implementation obtained in the field, this research was conducted at PT. Anugerah Tani Makmur Maredan, Tualang District, Siak Regency. From the results of this study, there are three things that can be concluded. First, the implementation of a work agreement on probation, the second is the reason for not implementing the agreement in accordance with the Manpower Act, the third is the efforts that the parties can make.Thus the probationary work agreement that exceeds and does not comply with the provisions of Article 1320 of the Civil Code, Article 52 and Article 60 of Law Number 13 of 2003 concerning Manpower which makes the contract made null and void by law. The author's suggestion, first it is hoped that the parties in the making or stipulation and implementation of the work agreement for the probationary period of Article 1 must be corrected in the future. Second, in signing a work agreement, you must read carefully the contents of the agreement and seek deliberation with the parties to improve the contents of the agreement so that it can benefit both parties and more clearly know whether the worker / laborer is a contract / permanent employee, can be understood from the type of work agreement received.Key words: implementation-work agreement-probationary period
MEKANISME CHECK AND BALANCES DALAM PENERBITAN UNDANG-UNDANG NOMOR 2 TAHUN 2020 TENTANG KEBIJAKAN KEUANGAN DAN STABILITAS SISTEM KEUANGAN UNTUK PENANGANAN PANDEMI CORONA VIRUS DIS-EASE 2019 (COVID- 19) DAN/ATAU DALAM RANGKA MENGHADAPI AN-CAMAN YANG MEMBAHAYAKAN PEREKONOMIAN NASIONAL DAN/ATAU STABILITAS SISTEM KEUANGAN
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

Indonesia adheres to the separation of power system and adheres to the Trias politica un-derstanding, where the government system is divided into 3 rooms, legislative, executive and judicial, each of which carries out its duties and functions with a mechanism of checks and bal-ances both in normal and abnormal conditions (state of emergency). Covid-19 which became a world epidemic attacked and affected the state of a country, until Indonesia with the authority given to the 1945 Constitution to the Executive in this case the President to deal with crises and emergencies by issuing a government regulation in lieu of Law Number 1 of 2020 concerning financial policy, where it is hoped that this Government Regulation in Lieu of Law will be able to overcome the economic crisis and become a legal umbrella in terms of diverting APBN funds for the benefit of health recovery and economic recovery. The formulation of the problem pro-posed is how the mechanism of checks and balances against the government in the issuance of Law Number 2 of 2020 regarding financial policy and what is the compelling urgency in the background of the government Regulation in Lieu of Law Number 1 of 2020 concerning finan-cial policy in terms of the decision of the Constitutional Court Number 138 of 2009.This research is a normative juridical research, research conducted based on legal materials and legislation. The approach taken is close to the library approach, namely by studying books and legislation. The types of data used are primary data types, secondary data sources, namely data sources derived from books and other regulations.The theory used in this research is the theory of Trias Politica and the theory of Emergency Constitutional Law. From the research results, the trias politica theory requires a clear separation of powers in order to prevent centralized power and the issuance of government regulation in lieu of Law Number 1 of 2020 concerning financial policy into Law Number 2 of 2020 concern-ing financial policy. the important roles and tasks of the legislature, especially in terms of budg-eting or budgeting tasks with the argument to facilitate policy directions in dealing with the co-rona pandemic. And the president takes refuge in the provisions of the 1945 Constitution Article 22 paragraph (1) it is stated that in matters of urgency that force the president to have the right to stipulate government regulations in lieu of the law. This study also conducted a study on whether the issuance of this Government Regulation in Lieu of Law Number 1 of 2020 fulfilled the ele-ment of compelling urgency in accordance with the provisions of the Constitutional Court's deci-sion Number 138 of 2009.Keywords: Government regulation in lieu of law Number 1 of 2020, Trias Politica, Checks and balances, Coercive Crisis.
TINJUAN YURIDIS TERHADAP JUAL BELI YOUTUBE PREMIUM OLEH ONLINE SHOP DI MEDIA SOSIAL
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Youtube has a new service called YouTube Premium. YouTube Premium is officially available in Indonesia since November 6, 2019. A YouTube Premium subscription allows users to watch videos on YouTube without advertising on its website and mobile applications, including the YouTube Music app, and the YouTube Kids App, YouTube Music Premium and the Google Play Music service. Through this application, users can also save videos to their devices for offline viewing. Article 1320 of the Civil Code stipulates that the agreement must meet the validity requirements of the agreement and in Article 32 of Law Number 11 of 2008 concerning Electronic Information and Transactions, the methods relating to prohibited acts in connection with electronic information or electronic documents are regulated. So in the implementation of buying and selling YouTube premium by selling accounts, in fact it has been without rights or against the law in any way moving or transferring electronic information or electronic documents to other people's electronic systems that are not entitled.This type of research can be classified as normative juridical research, because this research is conducted by examining secondary data and approaches to the law. This normative research examines legal principles. Sources of data used are primary data, secondary data, tertiary data, data collection techniques in this research are normative juridical, data used is literature study.The results of the research conducted by the author are cases of buying and selling YouTube premium by online shops in social media is an illegal act. The act of buying and selling YouTube premium is an act of default because it violates the terms of YouTube paid service, as for the legal consequences of this sale and purchase is default, and dispute resolution can be carried out in court. The author's suggestion for this case is that there is a need for special arrangements regarding the sale and purchase of this premium account, premium YouTube users are also advised to read carefully the terms of this premium Youtube paid service. Youtube can also work with providers in Indonesia to provide payment methods via credit, making it easier for people to buy this premium Youtube directly to Youtube. There needs to be special arrangements related to this premium Youtube buying and selling case as well as buying and selling premium accounts for other applications. There is also a need for reprimands and sanctions that are given by Youtube to online shop people who sell Youtube premium as well as regular checks of the addresses of these premium Youtube account users.Keywords: Juridical Review, Buying and Selling, Youtube Premium.
URGENSI KRIMINALISASI TERHADAP ANAK PELAKU HOMOSEKSUAL DALAM PEMBAHARUAN HUKUM PIDANA INDONESIA Lamtiur Siregar; Erdianto Effendi; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Homosexual or same-sex sex, now is not a new thing in Indonesia.The reality of the existence of homosexuals knows no age restrictions;profession; and social and religious status. Criminalization efforts throughJudicial Review are only aimed at people with certain sexual orientation,such as LGBT or Lesbian people; Gay; Bisexual; Transgender. If you lookfurther, the Judicial Review or test material submitted by the applicant isaimed at all people regardless of their sexual orientation, both those whohave homosexual or heterosexual orientation.This type of research is normative legal research, because in variouscases the issue that is rife among Indonesian people. Children asperpetrators of same-sex acts between men and men (Gay) or women andwomen (lesbians) and even the nature of this research is descriptive, thisstudy provides an overview of the main problems namely homosexuality inthe renewal of Indonesian criminal law.From the results of this study that it is very important to do theUrgency of criminalization for children as homosexuals who should bechildren as the successor of the nation. Criminalization aims to createlegal certainty for the protection and welfare of the community, so it isvery important to do the rules in terms of actions that can be accounted foreven if the child cannot be sanctioned, the author is very enthusiastic insupporting this paper so that the rules of behavior of the child as an actorare carried out homosexuals in Indonesian society.Keywords: urgency, child homosexuals, criminalization
TINJAUAN YURIDIS TERHADAP PENYALAH GUNA NARKOTIKA MELALUI PENDEKATAN PENCEGAHAN DENGAN REHABILITASI YANG TERINTEGRASI M Sadam Husin; Mukhlis R; Davit Rahmadan
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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Addiction or addiction to Narcotics drugs causes havoc for people who use or abusers and is a threat to the life of the abuser itself be it family, national security, nation and state. In Law Number 35 Year 2009 concerning Narcotics, it is explained that Narcotics abusers are not required to be imprisoned but to be punished with Rehabilitation because the Narcotics Law guarantees the abuser to get Rehabilitation efforts (Article 4d). In this paper the author focuses on Narcotics Abusers who In practice, the view of Narcotics Defenders as criminals is still more dominant than the health and healing approaches to Narcotics addiction. The purpose of writing this thesis: first, to find out how to implement the Integrated Prevention Approach in Rehabilitating Narcotics Abusers. Second, to find out what are the obstacles to implementing the Integrated Prevention Approach in Rehabilitating Narcotics Abusers. Third, to find out what are the efforts to overcome the obstacles in implementing the Integrated Prevention Approach in Rehabilitating Narcotics Abusers.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 three main things that can be concluded: First, Prevention of Narcotics Abuse with Integrated Rehabilitation is understanding the meaning of Rehabilitation as a whole. Second, Constraints in the implementation of Integrated Rehabilitation can be seen from the perspective of law enforcement officers, the Integrated Assessment Team (TAT) and seen from the Narcotics Abuse Victims themselves. Third, efforts that can be made in facing obstacles in the implementation of Integrated Rehabilitation which are seen from the perspective of law enforcement officials, the Integrated Assessment Team (TAT) and Victims of Narcotics Abuse.Keywords: Rehabilitation - Abuse - Narcotics -Integrated
URGENSI PENGATURAN JUSTICE COLLABORATOR DALAM HUKUM PIDANA INDONESIA Batavia Putri; Evi Deliana; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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The position of the witness is very important in a judicial process, because the witness hasinformation based on what he saw and experienced to facilitate the proof of the wrongdoing of the suspectand the defendant. The regulation of Justice Collaborator is something new in Indonesia. JusticeCollaborator is a witness, who is also a perpetrator, but wants to cooperate with law enforcement in orderto dismantle a case and even return the assets resulting from the crime of corruption if the asset is in them.In Indonesia's positive law, the existence of justice collaborator has not yet been given a comprehensivearrangement, so that the existence of Justice Collaborator is responded to differently by law enforcement.The appointment of a suspect as a Justice Collaborator is expected to assist law enforcement in exposinglarger crimes or other perpetrators who should be held responsible. On the other hand, the establishment ofa Justice Collaborator will avoid a suspect or defendant in a corruption case from the most severe criminalthreat. Based on the description, the problem can be formulated as follows: First, how the JusticeCollaborator is regulated in Indonesian criminal law. Second, what is the idea of setting up a JusticeCollaborator in Indonesian criminal law.This type of research can be classified in the type of normative research, namely research oncomparative law. This study uses secondary data sources consisting of primary legal materials, secondarylegal 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, theregulation in criminal law against Justice Collaborator is spread through several regulations. But from theexisting regulations there is no guarantee of legal certainty against the Justice Collaborator. Secondly, theidea of organizing witnesses for collaborating perpetrators (Justice Collaborator) in criminal law is veryurgent. This urgency is caused because the Criminal Procedure Code (KUHAP) has not yet regulated theJustice Collaborator.Keywords: Justice Collaborator, Corruption, Legal Reform
PELAKSANAAN TANGGUNG JAWAP PT. NAGA LINE PEKANBARU TERHADAP KESELAMATAN PENUMPANG DARI PEKANBARU TUJUAN SELATPANJANG DARI TAHUN 2018-2019 Erwin Firmansyah Putra; Maryati Bachtiar; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Sea, river and lake transportation plays an important role to facilitate the transportation of people and goods. In addition, transportation also plays a role as a supporter for the growth of regions that have large natural resources. The emergence of transportation causes the level of traffic accidents of river and land transportation in Indonesia to date is still quite high. In this case, safety is once again the main thing and should be a concern by companies engaged in shipping as done by PT. Naga Line Pekanbaru. This type of research used by the author is sociological legal research, which is a study that examines the legal aspects by looking at applicable laws and comparing them with their implementation in the field by means of surveys. This study was conducted in two locations Pekanbaru and Selatpanjang, while the population and sample are all related parties involved, sources used, primary data, secondary data and tertiary data, data collection techniques in this study by observation, interviews and studies literature. The results of this study are the lack of responsibility carried out by PT. Naga Line Pekanbaru as the transporter in providing security, comfort and safety for passengers. Pursuant to Article 40 Section (1) of Law Number 17 Year 2008 concerning Sailing which essentially asserts that transport companies in the waters are responsible for the safety of passengers and / or the goods they transport. Keywords: responsibility, transportation, passenger safety
PENERAPAN PERATURAN MAHKAMAH AGUNG ( PERMA ) NOMOR 2 TAHUN 2012 TENTANG BATASAN TINDAK PIDANA RINGAN DAN JUMLAH DENDA DALAM KITAB UNDANG-UNDANG HUKUM PIDANA PADA KASUS PENIPUAN DAN PENGGELAPAN DI PENGADILAN NEGERI PEKANBARU Frestu C Simanjuntak; Mexsasai Indra; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Over time, fraud and embezzlement have become the most common crime. Minor fraud and light embezzlement with a value of less than Rp. 2,500,000.00 which was tried in court was enough to attract the attention of the public. The general public considers that it is very unfair if the cases are threatened with a sentence of 4 (four years) imprisonment as regulated in articles 378 and 372 of the Criminal Code because it is not proportional to the monetary value of the crimes committed. Then the Republic of Indonesia Supreme Court Regulation No. 2 of 2012 was issued concerning the Adjustment of Limits of Minor Crimes and the Number of Fines in the Criminal Code. The purpose of this thesis is: First, to find out the Implementation of Supreme Court Regulation Number 2 of 2012 in the Pekanbaru District Court. Second, to find out the legal consequences of the Judges' decision if they do not apply Supreme Court Regulation Number 2 of 2012.This type of research can be classified in this type of sociological juridical research, because this research author directly conduct research on the locations or places studied in order to give a complete and clear picture of the issues examined. This research was conducted at the Pekanbaru District Court, whereas the sample population is a whole party with regard to the issues examined in this study, the data source used, primary data, secondary data and data tertiary, technical data collectors in this study with interviews and literature study. From the results of the research and discussion it can be concluded that, First, the application of the Supreme Court Regulation No. 2 of 2012 in the Fraud and Embezzlement Cases in the Pekanbaru District Court has not been going well and optimally, this can be seen from the results of research conducted by the author, namely the Judges' Court The State of Pekanbaru in handling minor criminal cases still often does not apply PERMA Number 2 of 2012. Second, the consequences for Judges if they do not apply PERMA Number 2 of 2012 can be subject to sanctions by the Supreme Court, because if judges do not apply PERMA Number 2 of 2012 in adjudicate a misdemeanor then it violates the Code of Ethics and / or the Code of Conduct of judge point C about behaving fairly in section 8.Keywords: Implementationv – Supreme Court Rules – Fraud - Embezzlement

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