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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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EKSISTENSI TANAH MASYARAKAT HUKUM ADAT DI KABUPATEN PELALAWAN PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 35/PUU-X/2012 TENTANG HUTAN ADAT Maharani Maharani; Maryati Bachtiar; Ulfia Hasanah
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 existence of customary law communities is recognized in Article 18B and Article 28I paragraph (3) of the 1945 Constitution. However, there are still actions that can reduce this right, namely the Forestry Law which categorizes Customary Forest under State Forest. This has resulted in a conflict between the two forests. On this matter, the Constitutional Court issued Constitutional Court Decision Number 35 / PUU-X / 2012 recognizing the rights of indigenous peoples to their customary forests. This recognition is provided as long as in reality the customary law community concerned still exists and its existence is recognized. The objectives of this thesis are: First, the existence (existence) of the customary land of the Muara Sakal customary law community (Muaro Sako) in Pelalawan Regency after the Constitutional Court Decision No. 35 / PUU-X / 2012; Second, the inhibiting factor for the existence of the ulayat lands of the customary law community of Muara Sakal (Muaro Sako) in Pelalawan Regency the legal efforts made to maintain the existence of these ulayat lands.This type of research can be classified as a sociological juridical research type, because in this study the author directly conducted research at the location or place being studied in order to provide a complete and clear picture of the problem under study. This research was conducted at the Customary Law Community of Muara Sakal (Muaro Sako), in Langgam Village, Langgam District, Pelalawan Regency. The data sources used were primary data, secondary data, tertiary data with interview data collection techniques and literature study.Conclusions can be drawn, first, the existence / existence of the customary law community community rights in Muara Sakal, Langgam sub-district, Pelalawan district, this is indicated by the existence of the customary law community Muara Sakal as the subject of customary rights, there is still Muara Sakal customary land as the object of customary rights, and still there is a relationship between the subject and the object of customary rights. Second, the absence of a Regional Regulation or Regent Decree that provides legal certainty and regulates the protection of customary rights in Pelalawan Regency, especially the ulayat rights / ulayat land of the Muara Sakal customary community (Muaro Sako), as well as the Muara Sakal customary law community have made a number of legal efforts. to obtain legal certainty in the protection and recognition of their customary rights, but it has yet to produce results.Keywords: Existence - customary rights - Muara Sakal customary community
WANPRESTASI KONTRAK SEWA USAHA CUCIAN MOBIL/MOTOR ANTARA PERUSAHAAN DAERAH BIMEX DENGAN PENYEWA DI KOTA BENGKULU Natasya Basanida Sirait; Maryati Bachtiar; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

Lease is an agreement, whereby one party binds itself to provide enjoyment of an item to another party for a certain period of time, with payment of a price agreed by that party. For those who rent out, the rights and obligations are to obtain payment in exchange for services and deliver the rental goods to the lessee. While the rights and obligations of the lessee are to obtain the use of the leased goods and to pay the rent periodically. If the rights and obligations of each party are not fulfilled, it can be called default. The agreement will terminate if the rights and obligations of the lessor and the lessee have been carried out in accordance with the agreement.The location of this research is the Regional Company Bimex Bengkulu. This study aims to identify and analyze the implementation of a car/motorcycle laundry rental contract between a Bimex Bengkulu Regional Company and a tenant in the city of Bengkulu and to find out the form of settlement of a car/motorcycle laundry rental contract default between a Bimex Regional Company and a tenant in the city of Bengkulu.This research is an empirical juridical research, the population is Bimex Regional Companies and tenants, the samples are Director of General Affairs and Finance of Bimex Regional Companies, Head of General Division of Bimex Regional Companies and tenants. Sources of data in this study are primary, secondary, and tertiary data. The data collection techniques used were library research, interviews, and documentation. The analysis carried out is an analysis of a qualitative approach.Based on the results of this study the authors concluded that at the time of execution of the contract the lessee did not carry out his obligations in accordance with the contract. The tenant always breaks his promise and also does not become a good head of household so that by not implementing an honest and proper attitude, it causes losses for the Bimex Regional Company.Keywords: Contract, Lease, Default
ANALISIS PENYELESAIAN PEMBIAYAAN MURABAHAH BERMASALAH DI BAITUL MAAL WA TAMWIL BINA SWADAYA DURI KECAMATAN MANDAU KABUPATEN BENGKALIS Retno Nurul Yaumi; Hayatul Ismi; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

A contract of Bai'al Murabahah is the sale and purchase of goods at the original price with additional agreed benefits. A contract is the same as an agreement, that is, a legal act whereby one or more people commit themselves or bind themselves to one or more people. What was realized was an agreement between the customer as the first party and Baitul Maal wa Tamwil (BMT) Bina Swadaya as the second party engaged in the field of microfinance institutions operating based on sharia principles. This agreement includes a cooperation agreement that is classified as a named agreement. Every agreement made by the parties aims to meet the achievements, but in this agreement what happens is a default. The purpose of writing this thesis, namely: first to find out the factors causing murabahah financing problems in BMT Bina Swadaya Duri Mandau District, Bengkalis Regency, second to find out the completion of murabahah problematic financing effectively. This type of research is sociological juridical research. This research was conducted in Baitul Maal wa Tamwil Bina Swadaya which is located in Duri Mandau District, Bengkalis Regency, the data used are primary data, secondary data and data collection techniques in the form of research with interviews and literature review.From the results of the study it can be concluded that, first, the implementation of the contract between the customer and BMT Bina Swadaya was in good faith since the contract was signed. Over time, there are unfulfilled rights and obligations that lead to defaults made by customers to the BMT. As a result of having one of the contents of the agreement that was not fulfilled by the cooperative. Second, the factors causing defaults in this agreement are the economic conditions of customers who are down, natural disasters experienced by the debtor, and the lack of goodwill customers to repay loans. Third, the legal consequences of debtors who have defaulted in this agreement where the debtor is required to repay the loan or pay for the losses suffered by the creditor, where the creditor suffered material losses. Defaults made by the debtor have a negative impact on financial activities in BMT.Keywords: Murabahah-Default-Baitul Maal wat Tamwil
ANALISIS YURIDIS PERTANGGUNGJAWABAN PIDANA PEMBUAT STEMPEL YANG DIPERGUNAKAN KONSUMEN UNTUK TINDAK PIDANA DIKAITKAN DENGAN AJARAN KAUSALITAS Putri Fauziah; Erdianto Erdianto; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

In the Penal Code (Penal Code) article 263 governs the crime of mail forgery. There are several actions that belong to the type of mail forgery, one of which is the creation of stamps that can cause the stamp maker to also be held accountable. But in reality, the stamp was only used as a means of evidence in the trial. This is known from the example of the Case Verdict Number: 1293/Pid.B/2018/PN. Pekanbaru with defendant Agus Salim Ahim, Number:325/Pid.B/2013/PN. Pekanbaru with defendant Masrizal, and Number: 423/Pid.B/2017/PN. Pekanbaru with defendant Madi Permana Sesa states that the stamp is only used as a tool of evidence seized for destruction. Criminal liability is often also associated with the doctrine of causality. Causality is used as a "filter" in establishing a person's criminal accountability. As a filter, causality will filter out any factual actions committed by the perpetrator, after the factual action is netted the next will be sought legal action. By finding his legal action, a person will be held accountable.The crime of stamp forgery is already very detrimental to society. Many stamps from various government agencies are often forged by the public and even State officials. Not all actions proven by the elements can lead to the perpetrator being punished if he or she cannot be blamed so criminal responsibility cannot be held. In practice many cases involving people in good faith are also held responsible for such crimes. One of them is a stamp maker. But as the basis of the judge's consideration in making a verdict is generally the same. The purpose of writing this thesis is; first, To know the accountability of stamp makers that consumers use for criminal acts is associated with the doctrine of causality. Secondly to know the consequences of the breadth of criminal liability is associated with the doctrine of causality. This type of research is normative research, using an analytical approach. This method of thesis writing research uses normative juridical methods.Keywords :Criminal Liability, Forgery, Stamp Maker, Doctrine Of Causality
TINJAUAN YURIDIS MOSI TIDAK PERCAYA KEPADA KETUA DPRD KOTA PEKANBARU BERDASARKAN PERATURAN PERUNDANG-UNDANGAN Haris Vivera Simatupang; Mexsasai Indra; Zulfikar Jayakusuma
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

This research is related to the Juridical Review of the vote of no confidence in the chairman of the Pekanbaru City House of Representatives by its members which was reviewed based on the laws and regulations in Indonesia. The vote of no confidence is one of the efforts used to overthrow the government in parliamentary countries. While Indonesia is a country whose form of government is presidential, it needs to be studied stimulantly. First, how is the mechanism for replacing the chairman of the Pekanbaru City People's Representative Council based on laws and regulations, Second, the implications of a motion of no confidence in the chairman of the Pekanbaru People's Representative Council based on laws and regulations. This research is a sociological legal research, because it is based on field research, namely by collecting data from observations, interviews and literature reviews that are related to the problems studied, assisted by primary, secondary and tertiary data. This study uses quantitative analysis, produces descriptive data and  From the results of this study, it was concluded that,, the First mechanism for replacing the chairman of the Pekanbaru City House of Representatives based on laws and regulations does not regulate through a vote of no confidence. Reimbursement can only be made through the DPRD honorary body after the honorary body has investigated, verified and clarified the complaint. Second, the implication of the motion of no confidence in the chairman of the Pekanbaru City DPRD is only as a moral sanction, a warning for a better future.Keywords = Juridical Review - No Confidence Motion - Pekanbaru City Regional People's Representative Counci
REFORMULASI TERHADAP UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 21 TAHUN 2007 TENTANG PEMBERANTASAN TINDAK PIDANA PERDAGANGAN ORANG BAGI PEMBERIAN HAK RESTITUSI PADA KORBAN TINDAK PIDANA PERDAGANGAN ORANG Dita Febriyanti; Dessy Artina; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

Fulfillment of rights of victims of acts criminal trafficking in persons in Indonesia is an important point in determining whether a country is progressing or not in the framework of social justice for all Indonesian people. The role is not only stated in the 1945 Constitution and Legislation. But more important is the implementation of the application and its implementation. After the enactment of Law Number 21 Year 2007 concerning Eradication of the Criminal Act of Trafficking in Persons is regulated in relation to the rights of victims in the form of compensation called restitution. The concept of liability compensation has also been regulated in important aspects of law enforcement. However, in practice, verdicts on cases of trafficking in persons rarely contain restitution. Reimbursement of costs to victims stated in Article 48 of Law Number 21 Year 2007 concerning the Criminal Act of Trafficking in Persons. However, in reality this right is sometimes not fulfilled on the grounds that from the level of investigation of victims there is no information obtained for example or at the level of prosecution the Public Prosecutor is not able to present evidence related that the loss suffered by the victim and even the court rarely makes decisions related to restitution against victims in Trafficking in Persons. Add moreThe purpose of this study is to find out the weaknesses related to the regulation of the fulfillment of victims' Restitution rights in the case of the Trafficking in Persons under the Law of the Republic of Indonesia Number 21 of 2007 concerning Eradication of the Criminal Act of Trafficking in Persons and determine a new formulation of the Law of the Republic of Indonesia Number 21 Year 2007 concerning the Eradication of Trafficking in Persons for the granting of restitution rights to victims in the case of Trafficking in Persons in the future. The research method used in this research is normative legal research (legal research) or also called library research, that is, research conducted with the normative juridical approach studied is literature or secondary data, and tertiary legal materials in accordance with the discussion of the titleThe problem in terms of weaknesses is why restitution is difficult to apply in the case of Trafficking in Persons, the author believes this is caused by regulations that need to be reformulated in relation to restitution rights, especially in the case of Trafficking in Persons where regulated restitution is formulated by forming a Law The law specifically regulates restitution in it because up to now there are many laws that regulate restitution making overlapping arrangements regarding restitution of victims.Keyword : Reformulation–Restitution Right–Crimina Act of Human Traffiking
TINJAUAN YURIDIS TERHADAP PERDAGANGAN SAHAM TANPA WARKAT (SCRIPLESS TRADING) DI PASAR MODAL DALAM HUKUM PEMBUKTIAN Bayu Syafandi Tosmar; Hayatul Ismi; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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In the capital market, securities or shares are the object of sale. Advances in information technology have brought changes in the capital market industry, namely the abandonment of a manual trading system with a computerized electronic-based trading system without the delivery of physical certificates or shares or known as scripless stock trading, which changes are not in line with the provisions in The Civil Code and Law Number 40 of 2007 on Limited Liability Companies, thus complicating the dispute resolution process, especially in court evidence. The objectives of this thesis are: First, to know the implementation of scripless share trading in the Indonesian capital market, Second, to find out the certification of shares in scripless share trading, Third, to find out the proof of share ownership in scripless share trading disputes in court.This research is a type of research that is normative or what is also called doctrinal legal research, which specifically discusses legal principles. Because in this study the authors use a statutory approach, namely an approach that is carried out by examining all statutory regulations that are related to the problems (legal issues) that are being faced. The data sources used are primary data, secondary data, and tertiary data. Data collection techniques are carried out by conducting literature studies.From the research, there are three main points that can be concluded. First, scripless stock trading is carried out electronically by book-entry on the IDX. To make a transaction, an investor must become a customer in a securities company as an intermediary in the sale and purchase of shares. The traded securities must be collectively stored or deposited in the KSEI storage center and guaranteed to KPEI to process the Depository Receipts issuance.Keywords: Trade – Scripless Trading - Proof
PENEGAKAN HUKUM TERHADAP PELAKU PENGANIAYAAN HEWAN DI WILAYAH HUKUM KEPOLISIAN DAERAH RIAU Eliyani Esther Marlina; Mukhlis R; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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At this time, there are many cases of torture or killing of animals in inhuman ways. Abuse of animals is not only considered to violate moral ethics but also against positive law, because animal abuse is regulated in the laws and regulations in Indonesia. However, the implementation of the rules on animal mistreatment is still not fully implemented due to the lack of strict law enforcement given to the perpetrators of animal abuse and the lack of public knowledge and awareness of the rules related to animal mistreatment. Some cases of animal abuse that have occurred in Indonesia have only been reported. Apart from that, of the many cases of animal abuse that occurred in Indonesia, only two cases ended up being decided by the court. In Riau Province, there have also been many cases of animal abuse, both light treatment of animals in the form of neglect of animals to severe abuse of animals that cause deathThis research is a juridical empirical research or sociological legal research. Empirical juridical research is carried out by identifying the law and how the effectiveness of the law applies in society, because in this study the author directly conducted research at the location or place under study, namely the Riau Regional Police. This research is descriptive in nature, which is to provide a clear and detailed description of the problems researched by researchers, namely the Law Enforcement of Animal Abuse in Riau Regional Police. Sources of data used in this study are primary data, secondary data and tertiary data. Data collection techniques in this study were interviews and literature review.From the results of the research carried out, it can be concluded that law enforcement against perpetrators of animal abuse in the Legal Area of the Riau Regional Police has not run optimally due to the lack of seriousness by law enforcement officials to follow up on perpetrators of animal abuse. Obstacles in enforcing the law on animal mistreatment are the absence of regulations on animal mistreatment due to the low threat of criminal sanctions, the lack of seriousness of law enforcement officials and the lack of public knowledge regarding the crime of animal mistreatment Efforts taken to overcome these obstacles are by reformulating regulations related to giving heavier criminal sanctions, holding outreach and outreach to the public and increasing the capacity and seriousness of law enforcers.Keywords: Law Enforcement-Crime- Animal Abuse
PERLINDUNGAN HUKUM TERHADAP ANAK KORBAN EKSPLOITASI SEKSUAL DI KOTA PEKANBARU Sri Indrayani; Emilda Firdaus; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Children are the next generation of the nation and the next generation of development, that is, the generation prepared as subjects for implementing sustainable development and holding the future control of a country, Indonesia is no exception. The protection of Indonesian children means protecting the potential of human resources and building a just and prosperous human being, spiritual material based on the Pancasila and the 1945 Constitution of the Republic of Indonesia. Provision of protection for children as victims of sexual exploitation is to provide security from threats posed by perpetrators or other syndicates and get guidance on the mentality that has been corrupted by the perpetrators. For this reason, the role of the government is needed to prevent and eradicate the crime of sexual exploitation, so that no Indonesian children will be victims of the crime.This type of research can be classified as sociological, because in this study the authors directly conducted 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 at the Pekanbaru City Police Department, while the population and sample were all parties related to the problem examined in this study, the data source used primary data, secondary data, and tertiary data, data collection techniques in this study with observation, interviews, and literature study.From the results of the study it can be concluded that the rights of children as victims have not been fully fulfilled, in the application of providing legal protection given to children as victims of sexual exploitation there are obstacles or obstacles.Keywords : Protection-Child-Criminal Acts of Sexual Exploitation
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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