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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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PERBANDINGAN PENGATURAN TINDAK PIDANA HOMOSEKSUAL MENURUT HUKUM PIDANA INDONESIA DAN HUKUM PIDANA ISLAM DI BEBERAPA NEGARA DENGAN MAYORITAS PENDUDUK BERAGAMA ISLAM Rima Rohmiati; Erdianto Erdianto; Widia Edorita
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

One of the problems that insult the Indonesian nation today is Homosexual crime. Homosexuality asa sexual orientation of the same sex, which deviates greatly from the norms, religion, law, Pancasila, moralsand customs of Indonesian citizens. Homosexual behavior often leads to the mental and psychologicalhealth of the victims. In Islam it also strictly prohibits homosexual acts, the consequences for health andpsychology are very serious. Often cases of Homosexual crimes appear and come to light after a number ofvictims report them. The effects of homosexual crime lead to mental trauma, injury to the genitals andrectum and potential future perpetrators for both boys and men. Not only the State of Indonesia, countrieswith very strict Muslim populations prohibit homosexual acts in their countries, so that homosexuality isdefined as a criminal offense in these countries.This type of research is normative legal research, namely using literature study to search the data.This research is descriptive in nature which tries to provide data as thorough and as detailed as the existingproblems. In this study using qualitative data analysis which means explaining and concluding about thedata collected by the author. This research uses secondary data or codified scientific data.The results of this study are to explain that the prohibition for homosexual perpetrators is clearlyregulated in the Al-Qur'an and Hadith. As well as in the Indonesian National Law has been regulated, but itis lacking in categories and the need for additional stops for Homosexual offenders. This regulatesregulations regarding Homosexuals in Indonesia which are not yet perfect. The author provides an idealconcept of rehabilitation for Homosexual offenders and differentiates between Homosexual offenders andnon-Homosexual sex offenders, and adds a category for Homosexual crime victims. So it is hoped that thepre-ban can minimize Homosexual crimes in the future.Keywords: Homosexual - Indonesian Criminal Law - Islamic Criminal Law
PELAKSANAAN ASAS MEMPERSULIT TERJADINYA PERCERAIAN PADA PENGADILAN AGAMA PAYAKUMBUH BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN Allifa Amelia; Hayatul Ismi; Hengki Firmanda S
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

Based on General Description Number 4 Letter e Constitution Number 1 Year of 1974 about Marriage found principle sounded, “because the marriage purpose is to form a happy, eternal, and prosperous family then this constitution embraces the principle to complicate divorce occurance to enable divorce there must be certain reasons and it must be in the court”. In year of 2017-November 2019 there was an increase of divorce at Religious Court Payakumbuh. It was caused by many factors. In this case the writing of this undergraduate thesis aims to; first, find out the implementation of principles which complicate divorce occurance at Religious Court Payakumbuh based on Constitution Number 1 Year of 1974 About Marriage; second, find out the effect of principle which complicates divorce occurance on divorce itself at Religious Court Payakumbuh.The type of this research could be categorized into sociological research. This research was conducted at Religious Court Payakumbuh, while the population and sample were the parties related to the problem being investigated. Data collection was done by using interview and literature study techniques. Data analysis used qualitative data analysis and in taking conclusion the author used deductive method.The result of the research and discussion shows that the implementation of principle which complicates divorce occurance at Religious Court Payakumbuh is implemented in accordance with the procedure regulated by the constitution and other rules. Started from the entrance of lawsuit to the court by related parties, the implementation of peace process in each trial, mediation implementation, and argumentation implementation by the parties in the trial. The effect of this principle in Religious Court Payakumbuh is not really significant because even though the implementation has been done as maximal as possible but in the end the decision depends on the heart problem of the related parties.Keywords: The principle of complicating divorce occurance-Divorce-religious court
PERLINDUNGAN HUKUM TERHADAP PELAPOR DALAM TINDAK PIDANA NARKOTIKA DI KEPOLISIAN RESOR KAMPAR Ahmad Novrian Arsyad; Evi Deliana; Elmayanti Elmayanti
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

To effort and eliminate drugs crime in Kampar need some action of the people to report that crime to the Police Department and became a witness. To convincing people to make sure them reported the drugs crime need some real action from the Police side who duty on it to protected them, wich is the protction is really importent because the protection is the only way to convince people society to report. And the witness it self are important component and is a key to reveal every single case of drugs crimes. To push the limit of drugs crime in Kampar as we known is higher level every year need someone to reporting it and to prevent it and ofcially to counter it while the crime is happened. On this thesis the problem appointed is how the police department protecting an informan in Kampar Police Department territory? And what the obstruct factor to protected the informan? The purpose of this research is to know how Kampars Police Deparment protecting the informan oncrimanl dugs caseand to knowing what the obstruct of Kampar Police Departmentin case proecting theinforman on crimanaldrugs case in Kampar. The method of this research is Sociological Law Method. The data that the writer has is the premier and seconds datawich is processed bya kualitatif way. Depend on the research we do on a discuss chapter and the we finally got one conclusion the effort of protecting an informan in Kampar territory Kampar Police Department do two protecion type wich is preventif protection and represif protection. The preventif proection is the protection wich is do by prevent something that can threatening and endanger public order and peace. And then represif protection is wich is failed to do a preventif protection by seeking a prepetator. During a do protecting to an informan founded a obstruct to tha protection wich is : 1. The fasilities to do a protection to an infoman itself. 2. The people. 3. The law enforcer.Keyword: Informan – Criminal – Drugs – Law Protection
PELAKSANAAN PERJANJIAN ANTARA DINAS KESEHATAN KOTA PAYAKUMBUH DENGAN PT ANALISA SILA KARYA TENTANG REHAB PUSKESMAS IBUH MENURUT HUKUM PERDATA Hanifah Fithriyah; Maryati Bachtiar; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The agreement as described in Article 1313 of the Civil Code is an act in which one or more persons bind themselves to one or more persons. The cooperation agreement applies the provisions of Article 1320 of the Civil Code regarding the legal requirements of an agreement, where in the cooperation agreement there is an agreement between the parties which will give rise to rights and obligations for each party. This agreement will later become binding as law for the parties who make it in accordance with Article 1338 of the Civil Code. In this paper, the author discusses the implementation of the agreement between the Payakumbuh City Health Office and PT Analisa Sila Karya regarding the rehabilitation of the Ibuh Health Center regarding the rehabilitation of the Ibuh Health Center. The purpose of writing this thesis: First, to find out the implementation of the agreement between the Payakumbuh City Health Office and PT Analisa Sila Karya regarding the rehabilitation of the Ibuh Health Center according to civil law. Second, to find out the legal consequences that occurred according to the agreement between the Payakumbuh City Health Office and PT Analisa of Sila Karya regarding the rehabilitation of the Ibuh Health Center. Third, to find out the completion of the contract between the Ibuh Health Center and PT Analisa Sila Karya.The type of research conducted is empirical juridical, namely research on the effectiveness of the law, how the law operates in society. The author's suggestion, in this research, is to the first party as a commitment maker, namely the Payakumbuh City Health Office and the second party as a provider of goods and services who have entered into a cooperation agreement. Both parties must carry out the agreement in accordance with the contents of the agreement, PT Analisa Sila Karya must complete the work on time in accordance with the agreement and the Payakumbuh City Health Office also provides additional time if the rehabilitation work of the Ibuh Health Center has problems resulting in delays.
LARANGAN PELAKSANAAN PERKAWINAN PEGITON (BERBEDA SUKU) DI DESA KEPAU JAYA KECAMATAN SIAK HULU KABUPATEN KAMPAR Weni Hartanti; Hayatul Ismi; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Marriage is abond physical and mentally between a man and woman as husband and wife with the aim of forming a family or household that is happy and enternally based on God . Not all marriages can occur, even though the marriage fulfills all the pillars and stipulated conditions. As well as a ban on native tribes between marriages in Kepau Jaya Village, Siak HuluSub-District, Kampar District. Most customary prohibitions in the Kampar District area prohibit the marriage of my ancestors because they adhere to the exogamy system but in the village of Kepau Jaya not only prohibits the marriage of my family but there is also a marriage ban for Pegiton due to prohibited vows. Problems in this thesis, namely: First, What is the reason for the prohibition of Pegiton Marriage (different ethnic groups) in the Kepau Jaya Village, Siak Hulu Sub-District, Kampar District? second, what are the factors causing the implementation of Pegiton Marriage (different ethnic groups) in the Kepau Jaya Village, Siak Hulu District, Kampar Regency?This type of research can be classified into a type of sociological juridical research, because the author directly conducts research on the location or point being examined to provide a complete and clear picture of the problem being examined. This research was conducted in Kepau Jaya Village, Siak Hulu Subdistrict, Kampar District, while the sample population was all parties related to the problems examined in this study, data sources used, primary data and secondary data, data collection techniques in this study with interviews and literature studies.From the research, there are two things that can be concluded first. The causal factor is why the pegiton marriage is banned in Kepau Jaya Village, Siak Hulu District, Kampar Regency. Second, the causes of the implementation of the ban on marriage of pegiton in the present.Keywords: Prohibition of Indigenous Marriage - Kepau Jaya Village
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA EKSPLOITASI SEKSUAL ANAK DI WILAYAH HUKUM KOTA DUMAI Tamara Aryani Siregar; Emilda Firdaus; Erdiansyah Erdiansyah
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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Children are the next generation of national ideals, have a strategic role inensuring the existence of the nation and state and getting protection from parents,family, society, nation and state. But now there are still many problems found inchildren, one of which is sexual exploitation of children. This is very alarming wherethere is no strict treatment from the police, law enforcement in the field of sexualexploitation of children is still ineffective in view of the increasing cases of sexualexploitation of children, but they are reluctant to make reports due to public doubtsabout the police.This research is sociological research which is to see the influence of positive lawon people's lives. This research was conducted in the jurisdiction of the Dumai CityResort Police, while the population and sample were all parties related to the problemsexamined in this study, data sources used, primary data, secondary data and tertiarydata, data collection techniques in this study were carried out through observation,interview and literature review.From the results of the research conducted, it can be concluded, First, preventiveand repressive law enforcement. Second, the obstacles faced are internal factors,internal factors such as the number of police personnel, the ability of personnel, thebudget of the police institution, limited facilities and infrastructure. The external factorin the form of children is not realizing that he is a victim, fear of not obeying what wasordered by the perpetrators, public distrust of law enforcement, low awareness of thevictims and lack of public awareness of the law and problems of sexual exploitation ofchildren. Third, efforts to overcome barriers, namely fixing internal deficiencies,namely by adding personnel and increasing police capabilities by holding training andeducation on a regular basis, managing finances and adding facilities andinfrastructure to existing needs, and fixing external deficiencies, namely providingunderstanding education towards children that what they do endangers them, restoreschildren's trust through treatment by psychologists, instills a religious sense of fear ofsin, restores the community's trust in the police and increases public awareness of theimportance of law and the importance of child protectionKeywords: Law Enforcement – Crime - Sexual Exploitation of Children
ANALISIS PUTUSAN NOMOR 24/PID.PRA/2018/PN.JKT. SEL TENTANG PUTUSAN HAKIM MENGENAI PENETAPAN STATUS TERSANGKA BARU DI PRAPERADILAN Vika Anggraini; Erdianto Effendi; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Pretrial is a judicial institution that only has authority limited to deciding whether the arrest or detention is valid or not, termination of the investigation, termination of prosecution, including compensation or rehabilitation for someone whose case has been terminated. But in judge Effendi Mukhtar decision as a single judge in a pretrial case Number 24 / Pid.Pra / 2018 / PN.Jkt.Sel dropped a verdict in which one of the contents stated "Establishing a suspect against Boediono, Muliaman D Hadad, Raden Pardede and others". The decision was deemed unusual because the order to determine the suspect did not include pre-trial competencies which had been valid and considered to be beyond authority because the determination of the suspect was the authority of the investigator after the minimum evidence was met, as well as the suitability of the alleged offense. The purpose of this thesis, namely: First, to determine the authority of the judge in deciding the determination of the status of a new suspect in pretrial. Second, to find out the basic reconstruction of judges' consideration in the decision to better accommodate the legal values and sense of justice that lives in the community.This type of research can be classified as normative, research conducted by examining secondary legal material or research based on the standard rules that have been recorded is also called library research.Based on the results of the study, two things can be concluded. First, even though judges may be progressive, they certainly must not violate criminal procedural law, in this case, the pretrial procedural law. Determination of a suspect is absolutely the authority of the investigator, so it should be for the sake of legal certainty, the judge cannot give the verdict as in the pretrial decision number 24 / Pid.Pra / 2018 / PN.Jkt.Sel. Second, the construction of judicial legal considerations is closely related to how judges behave. The attitude of judges is important especially as the basis of the judge in handling cases. This attitude also fortifies the judge from despicable acts. Even though the judge's attitude was reflected and regulated in the provisions of the judge's code of ethics, however, the reality showed that the judge's attitude was far from expectations.Keywords: Pretrial - Determination of New Suspects - Judge Considerations
PELAKSANAAN PERJANJIAN PEMBORONGAN RUMAH PRIBADI SECARA LISAN BERDASARKAN HUKUM PERDATA DI KABUPATEN PELALAWAN Nur Rabiah Mardatila; Firdaus Firdaus; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The house has now become a primary need for everyone, this causes many people who try to have a house to meet those needs, whether he builds himself or pays people to build the house or better known as the chartering agreement, in general this contracting agreement made verbally, causing many contracting parties to default, causing losses for those who bought up especially in Pelalawan Regency.The purpose of this study is to determine the factors that cause defaults in the contracting agreement, to find out the efforts that can be made to avoid the occurrence of defaults in the contracting agreement, as well as to determine the legal remedies that can be carried out by the contractor when the contractor occurs.This type of research is a sociological juridical study, this research was conducted in Pelalawan Regency, while the population and sample are all parties related to the problems examined in this study, data sources used, primary data, secondary data, and tertiary data, collection techniques data in this study with interviews and literature review.The cause of defaults in the contracting agreement is the contracting agreement made verbally, the weak goodwill of the contractor, the weak understanding of the contractor in the field of construction, the weak understanding of the legal parties. efforts that can be made to avoid defaults in the contracting agreement, contractual agreement made in writing, the good faith of the parties must be increased in understanding the contractor in the field of construction, increase the understanding of the parties' law.It is expected that the parties will enter into an agreement in writing, and in the implementation of the agreement in good faith, broaden the legal perspective, especially in the area of the agreement. It is expected that the contractor will add his insight in the construction sector.Keywords: Private Contracts - Chartering - Private Houses - Civil Law
Penegakan Hukum Oleh Penyidik Terhadap Anak Yang Berkerja Sebagai Pengemudi Truk di Wilayah Kepolisian Resor Rokan Hilir Rizki Amin; Evi Deliana; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Abstract

The need for transportation facilities needed at the first time is the human need for goods,services, and information in the process of life. The occurrence of more than one number of trafficfrom year to year that shows public awareness about the culture of orderly driving. To overcomethis problem, a lot of effort is needed - gelatin numbers and orderly. Traffic from year to year andcan generate a lot of information about traffic and traffic. So far, many students or students conducttraffic evaluations. One example is that many students who are underage by their parents drivetrucks that do not have a driver's license. In this case, the police are the party responsible for theimplementation of activities in realizing and maintaining traffic order. Like the dissatisfaction thatoccurred in the Rokan Hilir area. Therefore, it should be a problem and also needed.This type of research can be classified in this study classified in the type of sociological legalresearch. namely, research carried out by making legal identification and how the effectiveness ofthe implementation of the law applies in the community. This research was carried out in the RokanHilir Resort Police Area, because there are still many traffic violations in the Rokan Hilir area, oneof which is driving motorized trucks without having a SIM, namely children under the age of theage. Data collection techniques used in sociological legal research are interviews, questionnairesand literature review. In this study, the analysis carried out was qualitative analysis and the dataanalyzed did not use statistics or mathematics or the like. In drawing a conclusion a deductivemethod can be used, namely a way of thinking that draws a conclusion from a specific caseThe conclusion that can be obtained from the results of this study is Law Enforcement ByInvestigators Against Children Who Work As Truck Drivers in the Police Area of Rokan HilirResort through Preventive Law Enforcement and Repressive Law Enforcement. The Factors CauseChildren who work as Truck Drivers in the Police Area of Rokan Hilir Resort are to fulfill theirdaily needs, provide basic commodities and help the family's economyKeywords: Law Enforcement, Investigator, Child, Truck Driver
REFORMULASI PENGATURAN TINDAK PIDANA PENINDASAN (VERBAL BULLYING) YANG MENGAKIBATKAN KEMATIAN PADA ANAK Dedek Putra; Emilda Firdaus; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Verbal bullying is this type of intimidation done verbally or with bad words with the aim of belittling, hurting, and also looking down on others. bullying verbal bullying is a form of "toxic stress", the long-term health effects of verbal bullying events even leading to death, especially those that recur on the victim. The impact of verbal bullying (oppression) is still not widely known, whether done with words, statements or certain nicknames turned out to have a more powerful effect compared to bullying that is done physically or with bodily violence. To ensnare perpetrators of verbal bullying have been regulated in the Child Protection Act No. 35 of 2014 in the world of education in Article 54. First, the regulation on the current conditions regarding criminal bullying which results in death of children in Indonesian criminal law has not been implemented What should have been regulated in Law No. 35 of 2014 concerning child protection, only regulates in Article 54 the world of education. Second, the idea of regulating criminal bullying for future cases, the need for legal reform or revision of the Child Protection Law on verbal bullying in general, so that the existing law can be updated so that it can keep up with the times and so no similar case will be repeated in the future.This research method is a normative law, focusing more on the principle of legal certainty and is carried out on legal norms which are benchmarks for behavior or inappropriate behavior. Not yet running a verbal bullying regulation. Rules only become rules that are not realized if there is no control or supervision from people who have obligations, bullying cases. Lack of legal clarity in every case that is happening right now and the weak implementation of various verbal bullying regulations The need for a criminal law policy to realize the laws and regulations in order to be in accordance with the situation at a certain time (ius constitutum) and the future (ius constituendum).The need for a clear law in accordance with the development of the times in order to be able to run a rule to protect children who are victims of oppression (verbal bullying) resulting in death in children. The need for legal certainty from the authorities and the government can run a rule so that the same case does not recur in the future. It is hoped that the revision of the Child Protection Act No. 35 of 2014 in order to regulate the general (verbal bullying) not only in the world of education.Keywords: Bullying, Verbal Bullying, Legal Regulations

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