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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Law, Crime, Criminology & Criminal Justice
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Articles 2,579 Documents
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PENATAAN MEKANISME PENYADAPAN PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 5/PUU-VIII/2010 Abdul Fadli; Dessy Artina; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

The use of wiretapping or interception technology is an act commonly carried out by law enforcement officials or intelligence officials whether it is used as evidence in handling cases in court or intelligence activities. In the decision of the Constitutional Court Number 5 / PUU-VIII / 2010 which granted the petitioners' petition to fully mandate that in carrying out an arrangement it is regulated in the form of a Law, which was issued in 2010 but in its realization it has not been implemented until now. In making this law on wiretapping, it has been slow, until now there has been no synchronous regulation in the wiretapping area, thus detrimental to the constitutional rights of citizens generally.The purpose of this research is to see the Security Policy, Post-Constitutional Court Decision No. 5 / PUU-VIII / 2010 and to see the structuring of the post-Constitutional Court Decision No. 5 / PUU-VIII / 2010. The research focuses on the absence of general regulations governing thoroughly about this tapping.This research is a normative legal research, because it is based on literature research that takes quotes from reading books, literature, or supporting books that have problems which will be assisted by primary, secondary and tertiary data sources. This study uses qualitative data analysis and produces descriptive data.From the results of the research, it is stated that, First, the act of tapping is an act that is legally prohibited, because it is an act that interferes with one's privacy rights. In view of this, the Constitutional Court granted the petitioners' petition in its entirety and mandated the publication of a special law on wiretapping. Second, the absence of a legal umbrella regulating spatial arrangements which is regulated by each institution does not have a strong legal basis. The author's suggestion is, First, it is hoped that before ratifying the Draft Criminal Procedure Code, especially in the field of wiretapping and the Draft Law on Tapping, to check or reassess whether the Draft Law does not harm someone's privacy rights Second, adding to the process of conducting trials that are not open to the public such as trials of children, this is carried out only when proving the results of wiretapping, or it can also be done by pretrial proceedings first. Third, the law on regulation is regulated in a special regulation which is comprehensive and fosters all formal and material aspects.Keywords: Mechanism-Tapping-The Court's Decision
TINJAUAN YURIDIS TENTANG PERMOHONAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG YANG DIAJUKAN OLEH SATU KREDITUR (Studi Kasus Perkara Nomor 4/Pdt.Sus-PKPU/2020/PN Mdn) Farhana Halifa Putri Yoza; Hayatul Ismi; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

A debtor can only be declared bankrupt if it has been decided by the Commercial Court. However, prior to the application for bankruptcy, the debtor and creditor may apply for a Suspension of Debt Payment Obligation (PKPU) to the Commercial Court. PKPU is an alternative debt settlement to avoid bankruptcy. Basically, the granting of PKPU to debtors is intended so that debtors who are in a state of insolvency have the opportunity to submit a reconciliation plan, either in the form of an offer to pay the debt in whole or in part for the debt. The purpose of writing this thesis: First, to find out the procedure for Postponement of Debt Payment Obligations based on Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. Second, to find out the judge's considerations in case Number 4/Pdt.Sus�PKPU/2020/PN Mdn at the Medan District Court which in its decision granted the request for Suspension of Debt Payment Obligations submitted by one creditor, it is correct if it is reviewed by Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations.The type of research used in this legal research is normative legal research. the approach used by the researcher is a normative juridical approach. Analysis of the data used is the author analyzes the data qualitatively. In drawing conclusions, the writer uses deductive thinking method, which is a way of thinking that draws conclusions from a general statement or proposition into a specific statement.From the results of the research, the first is regarding the procedure for Postponement of Debt Payment Obligations based on Law Number 37 of 2004 concerning Bankruptcy and Debt Payment Delays that in the provisions of the law there are 14 (fourteen) procedures that must be passed. It should be said that the provisions of the law governing this matter can be said to be of a maximum nature. Keywords: Postponement of Debt Payment Obligations – Debtors – Creditors
Tinjauan Yuridis Pertanggungjawaban Pidana Bagi Seorang Pengidap Penyakit Gangguan Jiwa Halusinasi Dalam Tindak Pidana Pembunuhan Lawra Esperanza Asyraf; Evi Deliana; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Stuart & Laraira defines hallucinations as a response from the five senses in the absence of external stimuli. Hallucinations are a perception disorder where the patient perceives something that is not actually happening. There are five types of hallucinations, namely hearing, vision, smell, taste and touch. Hearing hallucinations are the most common type of hallucinations found to occur. Murdered by the hallucination of unseen whispers classified as various and tend to be sadistic. Some perpetrators killed the victim with a long knife, there was also killed the victim by shooting the victim many times, there were even perpetrators who killed the victim by mutilating it. This research is a normative legal research, because it is based on library research that takes excerpts from reading books, literature, or supporting books that have relation to the problem to be studied, assisted with secondary data sources. This study uses qualitative data analysis and produces descriptive data. From the results of the study, it was concluded that, First, if the defendant cannot account for his actions, the judge handed down the verdict to release the defendant from all charges as regulated in Article 44 paragraph (1) of the Criminal Code, and the judge can order the defendant to enter a mental hospital for a maximum of one year. to be checked. Second, the criteria according to the law that is said to have hallucinatory mental illnesses according to article 44 of the Criminal Code are the contents of a foreign mind from the outside into his mind, the notion of himself is controlled by a certain force from outside, the hallucinatory voice that comments continuously, and the misunderstanding of the misunderstanding settled other types. Based on the results of psychiatric examinations performed by psychiatrists. The author's suggestion is, First, in Article 44 of the Criminal Code regarding the ability to be responsible more explained in more detail who can be said to be disturbed or mentally disabled so that they cannot be held liable for criminal liability or subject to criminal sanctions. Second, the judge should decide the case above also pay more attention not only to the results of the defendant's mental examination. But also pay attention to the testimonies of those closest to the defendant who do interact with the defendant on a daily basis. Keywords: Mental Disorders, Criminal Acts, Criminal Liability
ANALISIS YURIDIS PENERAPAN SANKSI PIDANA TERHADAP OKNUM PEJABAT PEMERINTAH DESA DALAM TINDAK PIDANA KORUPSI ALOKASI ANGGARAN DESA Yolanda Oktavia; Davit Rahmadan; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Abuse of authority which has implications for the most criminal acts of corruption because the perpetrators are not only from people who stand or stand strategically in the government and state system located in the Capital City of the State. Therefore this thesis discusses the juridical analysis of the implementation of criminal sanctions against individual village government officials in the crime of village budget corruption.This type of research used in this research is to use normative research, namely the absence of a procedure between the judge's decision and the existing rules in the Corruption Eradication Act. Sources of data used, namely: primary legal materials, secondary legal materials and tertiary legal materials. Data collection techniques be it all literature books, whether primary, secondary or tertiary legal materials related to research problems. This study was analyzed using qualitative analysis.The results of this thesis research are first, the perpetrators of criminal acts of corruption committed by the village head should be charged with Article 3 of the Corruption Eradication Law, because it is very clear in Article 3 that there is an "element of abusing authority, opportunity or existing means because position or position ”, whereas in Article 2 there is no such element even though the village head can also be charged under Article 2 with the element of“ everyone ”. Because basically the village head is part of the government official who has the task and function of running the government in the village. Ideally, every perpetrator of a criminal act of corruption by unscrupulous village government officials / village heads should be convicted maximally as stipulated in Article 3 of the Corruption Eradication Law. The two basic considerations for judges and the legal basis for judges in applying Article 2 of the Law on the Eradication of Corruption in criminal acts of corruption by village government officials are because they have fulfilled the elements as perpetrators of criminal acts of corruption, namely everyone who means an individual, then against the law to do an act of enriching oneself or another person or a corporation that can harm the state or the country's economy.Keywords: Corruption Crime - Village Budget Allocation
KEBIJAKAN PEMERINTAH DAERAH KABUPATEN KUANTAN SINGINGI DALAM MENGATASI PENAMBANGAN EMAS ILEGAL DI KECAMATAN SINGINGI HILIR M. Al Haudrye Nst; Dessy Artina; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

Mining activities in Indonesia still receive a negative stigma among the community, especially in Singingi Hilir District, Kuantan Singingi Regency, this is due to illegal mining activities or mining without permits which result in more negative impacts. So far, gold mining activities without a permit in Kuantan Singingi Regency, especially Singingi Hilir Subdistrict, have not been disciplined and are directed to have a permit from the local government. Various efforts made by the Kuantan Singingi Regency Government have not been able to overcome illegal mining activities including conducting socialization and counseling and controlling mining activities to avoid the negative impacts caused by these illegal mining activities, Based on these problems, the authors are interested in knowing first, how are local government policies in overcoming Illegal Gold Mining in Singingi Hilir District? Second, what are the obstacles faced by the local government in controlling Illegal Gold Mining in Singingi Hilir District? Third, what are the efforts made by the local government in controlling Illegal Gold Mining in Singingi Hilir District?Based on the results of the research and discussion, it can be concluded that, firstly, the Regional Government Policy in Overcoming Illegal Gold Mining in Singingi Hilir District by forming an Integrated Team for Controlling Unlicensed Gold Mining (PETI) in charge of socializing, and controlling mining sites. The two obstacles of the Regional Government in Its Policy to Overcome Illegal Gold Mining in Singingi Hilir District include the lack of awareness of the local community towards the law and the environment as well as the presence of irresponsible individuals who back up the PETI activities and the absence of a local regulation that regulates PETI in the District. Kuantan Singingi. Third, Efforts to maximize Local Government Policies in overcoming Illegal Gold Mining in Singingi Hilir District include direct control of PETI locations and socialization to the public about the impact of PETI on the environment in order to increase public awareness.Keywords : Policy - Government - PETI
PENYELESAIN TERHADAP PELAKU TINDAK PIDANA ZINA MELALUI MEDIASI PENAL BERDASARKAN HUKUM ADAT MELAYU RIAU DI KABUPATEN SIAK Epraim Ketaren; Evi Deliana; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

The application of customary law which is criminal in the form of sanctions in the form of fines, sanctions being expelled from the village, sanctions and being excluded from social interactions. Especially in the customary crime in Siak Regency, in this case regarding the settlement of the perpetrator of the crime of adultery through penal mediation in the area because the people in the area still maintain and still maintain the existence of Malay customary law in the Siak Regency area. Then the settlement of the criminal act of adultery through penal mediation based on Riau Malay customary law in Siak Regency is recognized. The objectives of this thesis are: First, to find out the settlement process for adultery perpetrators through penal mediation based on Riau Malay Customary law in Siak Regency. Second, to find out the view of criminal law as positive law on the settlement of criminal acts of adultery which are resolved under the Riau Malay Customary law in Siak Regency.This type of research can be classified as a type of sociological legal research, because in this study the author directly conducts research at the location or places that are studied to provide a complete and clear picture of the problem under study. This research was conducted at the Riau Malay Customary Institution located in Siak Regency, while the population and sample were all parts related to this research. interviews and literature studies.From the results of the research and discussion it can be concluded that, first, the settlement process of the criminal fornication through penal mediation based on Riau Malay Customary law in Siak Regency is still recognized for its existence and the process consists of the preparation stage, the settlement process, the decision from the settlement process and the implementation of the . Second, the View of Criminal Law as Positive Law on the Settlement of Criminal Acts of Adultery Resolved by Riau Malay Customary Law in Siak Regency, namely: recognition of values that live in society in a modern legal system, application of penal mediation which is later legalized by the state justice system and apply penal meditation (settlement) according to society without any state interference.Keywords: Settlement - Law - Adat - Penal Mediation - Adultery
IMPLEMENTASI PERATURAN DAERAH KABUPATEN ROKAN HILIR NOMOR 3 TAHUN 2014 TENTANG KETERTIBAN UMUM TERHADAP RUMAH DI BANTARAN SUNGAI DESA TELUK NILAP KECAMATAN KUBU BABUSSALAM Hafis Hafis; Emilda Firdaus; Zulwisman Zulwisman
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

One of the Regional Regulations which is a public policy related to controlling house buildings on the banks of the river is the Rokan Hilir Regency Regional Regulation Number 3 of 2014 concerning Public Order. The conditions seen in the field are that the implementation needs to be carried out firmly by the Regional Government. The establishment of the Rokan Hilir Regency Regional Regulation Number 3 of 2014 concerning Public Order departs from the problems that occur in Rokan Hilir Regency, namely that there are still many residents who build houses on the banks of the river, which is actually contrary to the Regional Regulation. Therefore, the purpose of this study is, firstly, to determine the implementation of the Rokan Hilir District Regulation Number 3 of 2014, secondly to determine the inhibiting factors, and thirdly to determine the efforts to overcome houses on the riverbanks of TelukNilap Village, Kubu Babussalam District.  This research uses sociological juridical research. The research location is in Teluk Nilap Village, Kubu Babussalam District, namely the Regional House of Representatives of Rokan Hilir Regency, the Civil Service Police Unit of Rokan Hilir Regency and the Teluk Nilap Village Office, while the population and sample are all parties related to the problem being studied. This study used data sources in the form of primary data and secondary data, and data collection techniques were carried out by interviews, observations, and questionnaires. From this research, there are three main points that can be concluded. First, the implementation of the Rokan Hilir District Regulation Number 3 of 2014 concerning public order, especially Article 18paragraph 1, has not been carried out properly. This is because the Regional Regulation of Rokan HilirRegency No. 3 of 2014 concerning public order has not been socialized to the people who live on the riverbanks of Teluk Nilap Village. Second, the inhibiting actor in the implementation of the Rokan Hilir District Regulation Number 3 of 2014 concerning Public Order in Teluk Nilap Village is due to legal factors, law enforcement, legal culture, budget, legal socialization, lack of human resources (HR) in the district Satpol PP work environment. Downstream. Third, future efforts that can be made towards the implementation of Regional Regulation Number 3 of 2014 concerning Public Order are by controlling houses on the riverbanks of Teluk Nilap Village, providing socialization, and improving facilities andinfrastructure in an effort to implement Regional Regulation Number 3 of 2014 about public order. Keywords: Implementation - Public Order - Riverbanks
IMPLEMENTASI PELAKSANAAN HAK ASASI TERSANGKA TINDAK PIDANA PELANGGARAN PASAL 310 AYAT 4 UNDANG-UNDANG NO 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN (STUDI KASUS DI KEPOLISIAN RESOR KUANTAN SINGINGI) Henny Afrianti; Erdianto Effendi; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Human rights are the rights of every individual that must be protected and must be respected by everyone. In Indonesia, human rights are explicitly stated in the Post-Amendment 1945 Constitution. Likewise, the human rights of the perpetrators or suspects in criminal offenses in violation of Article 310 Paragraph (4) due to their negligence cause traffic accidents resulting in other deaths. In this case the referred human rights in the form of legal protection of perpetrators or suspects. Legal protection for victims of traffic accidents must be provided, as well as legal protection for offenders because of negligence is entitled to get the same protection. Because in these accidents often the mistakes are not entirely from traffic violators, negligence can be done by the victims themselves.The purpose of writing this thesis, namely: First, to find out whether fully carried out human rights against perpetrators of traffic violators or suspects because of negligence caused traffic accidents and caused others to die, Second, to find out the obstacles in implementing human rights against perpetrators of past violators cross or suspect. The research method used in this study is the type of sociological research, namely the interview method within the Kuantan Singingi Police Department.From the results of the study, based on two problem formulations can be concluded. First, the implementation of the human rights of a criminal offense in violation of Article 310 Paragraph (4) of Law Number 22 Year 2009 concerning Traffic and Road Transportation in the Kuantan Singingi Police Station in the form of legal protection for suspects is still not fully fulfilled, there are rights of the suspect which have not yet been achieved, among these rights are legal protection such as: the perpetrator is immediately secured at the nearest police station, detains the perpetrator, provides understanding / understanding to the perpetrator, makes arrests based on the rules stipulated in the Criminal Procedure Code . Second, the obstacles faced by the Kuantan Singingi District Police in carrying out the rights of suspects in traffic offenses namely the victim's family do not want to do an autopsy examination of the bodies of the accident victims, the perpetrators are difficult to question, ask the police not to proceed with the case to court, it is difficult looking for witnesses in the incident, There is a mutual agreement between the parties, the limited number of state lawyers in Kuantan Singingi Regency for suspects, cell rooms or detainees that are still lacking for suspects in traffic accident cases.Keywords: Implementation - HAM - Suspect - Traffic Accident
PERTANGGUNGJAWABAN PIDANA PELAKU TINDAK PIDANA KORUPSI DALAM PENYIMPANGAN PENYERAPAN ANGGARAN APBD PADA BELANJA HIBAH KABUPATEN BENGKALIS (STUDI PUTUSAN NO 4/PID.SUS.TPK/2017/PN.PBR).” Taufiqqul Hidayat; Mexsasai Indra; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

Grant fund corruption can occur because of the abuse of power by the authorities. The number of cases of corruption in the absorption of the grant spending APBD that occurred in Bengkalis Regency is quite high. If you look at the criminal cases of corruption, especially in the irregularities in the absorption of the APBD, grant spending committed by unscrupulous members of the DPRD actually involves many parties. The money received was intended for the defendant to fight for an additional budgetary amount included in the grant funds in the Bengkalis Regency APBD. However, in the process of asking for accountability of perpetrators of criminal acts of corruption, especially in irregularities in the absorption of the APBD, grant expenditures are not carried out thoroughly.This type of research can be classified in the type of sociological legal research (empirical), 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 in the legal area of Bengkalis Regency. The data sources used are primary data and secondary data. Data collection techniques in this study were interviews and literature review.The conclusions that can be obtained from the results of the research are First, the criminal responsibility of the perpetrators of Corruption in the Absorption of APBD Budget on the Bengkalis Regency grant expenditure (Study of Decision No.4 / Pid.Sus.TPK / 2017 / PN.PBR) involves many parties. The party held accountable is only one perpetrator. However, in the process of asking for accountability of perpetrators of criminal acts of corruption, especially in irregularities in the absorption of the APBD, grant expenditures are not carried out thoroughly. Second, Constraints in holding criminal accountability for the perpetrators of Corruption in the Absorption of APBD Budget in Bengkalis Regency grant expenditures related to the results of assets from criminal acts committed are very difficult for its flow to be traced. So that the parties involved are difficult to hold criminal responsibility. Keywords: Criminal Accountability, Corruption, Grant Expenditures
PERAN KOMISI PENYIARAN INDONESIA DAERAH RIAU (KPIDR) DALAM MEMBERIKAN AKSESIBILITAS INFORMASI PUBLIK SEBAGAI BENTUK PEMENUHAN HAK BAGI DISABILITAS RUNGU BERDASARKAN UNDANG-UNDANG NOMOR 32 TAHUN 2002 TENTANG PENYIARAN DI PROVINSI RIAU Idris Frenagen; Emilda Firdaus; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

Public service is a government responsibility. Information and communication is of course one of the important things in the public service system. This is guaranteed in article 28F of the 1945 Constitution and various other regulations, such as Law Number 39 of 1999 concerning Human Rights and Law Number 32 of 2002 concerning Broadcasting. The delivery of information and communication by television in the Riau Province has not fully guaranteed the right to accessibility for Deaf Disabilities. Regional Regulation of Riau Province Number 18 of 2013 concerning Protection and Empowerment of Persons with Disabilities guarantees the right to facilitate obtaining information for Deaf people.This type of research is sociological. This research was conducted at the Riau Regional Indonesian Broadcasting Commission, Riau Province Social Service, Riau's Tuli Lancang Kuning Community and Commission I for Information/press, the Regional Representative Council of Riau Province, while the sample population was all parties related to the problem under study. Sources of data used are primary and secondary data, data collection techniques are observation, questionnaires, interviews and literature review.In the research results, there are three main points that can be concluded. First, the implementation of Law Number 32 of 2002 concerning Broadcasting in ensuring the provision of accessibility of public information for deaf people in Riau Province has not been carried out properly. Second, the Inhibiting Factors of the Riau Regional Indonesian Broadcasting Commission in guaranteeing public services for the right to information accessibility for deaf people in Riau Province are Weaknesses of Regulation, Lack of Active Participation of Affected Communities and Lack of Budget for Broadcasting Institutions in Providing Information Accessibility for Deaf People. Third, Forms of legal remedies What can be taken by the deaf or deaf people when providing public information does not pay attention to their rights is to make an objection, send an open letter and submit a Judicial Review.Keywords: Broadcasting - Public Services - Information and Communication - Deaf Disabilities

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