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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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PENEGAKAN HUKUM TERHADAP PRAKTIK JUAL BELI DARAH BERDASARKAN UNDANG-UNDANG NOMOR 36 TAHUN 2009 TENTANG KESEHATAN DI KOTA PEKANBARU Muhammad Rizky; Mexsasai Indra; Erdiansyah Erdiansyah
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

The use of blood as one of the drugs that has not been replaced in recent times has increased, whilethe source of blood is still from humans themselves, giving rise to a imbalance between the provision ofblood and blood needs which can cause, the emergence of buying and selling blood that is not inaccordance with the nation's philosophy. There is a practice of buying and selling blood at the hospitalwhich in addition to breaking the rules and there is no guarantee that the blood transfused to patients ishygienic and sterile.In this thesis writing, the research used is juridical psychological research, namely researchconducted by making legal identification and how the effectiveness of the implementation of the law appliesin the community. Because in this study the author immediately conducted research on the location or placeunder study to provide a complete and clear picture of the problem under study. In this study the authorsdetermined the study population related to the object of research by the authors at the Indonesian Red Crossin Pekanbaru City. As for the population in this study were the Head of the Indonesian Red Cross ofPekanbaru City, the Doctor of the Indonesian Red Cross in Pekanbaru City, the victim of the practice ofbuying and selling blood in the city of Pekanbaru.From the results of the study the authors concluded that law enforcement on the practice of buyingand selling blood based on Law Number 36 of 2009 concerning Health in Pekanbaru City can be enforcedproperly, but in the implementation of law enforcement by the police and other law enforcement officersoften experience it is this obstacle through law enforcement that the law becomes a reality. Inhibitingfactors in law enforcement against the practice of buying and selling blood based on Law Number 36 of2009 concerning Health in Pekanbaru City faced in law enforcement of criminal acts of reclamation, thereare 2 factors, namely internal and external factors.Keywords: Law Enforcement - Practices To Sell Blood.
PENERAPAN HUKUM ADAT DALAM MENYELESAIKAN TINDAK PIDANA PERZINAHAN YANG DILAKUKAN OLEH REMAJA DI KECAMATAN MANDAH KABUPATEN INDRAGIRI HILIR Arif Yuliansyah; Mexsasai Indra; Ferawati Ferawati
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

Adolescence is a phase of development between childhood and adulthood. In adolescene, it is the desire to try, to follow trends and lifestyles, and have enormous fun. So, a person’s development in childhood and adolescene will shape the person’s self development in adulthood. Article 284 of KUHP cannot be a legal basis for adolescents who commit adultrety, there fore the process of adultery committed by adolescents is completed through customary law. Customary law is an institution that forms villages that have formed themselves because of the habits of the local community. Customary law priorities the settlement by deliberation and consensus in resolving these criminal acts. The purpose of this thesis research is : fisrt, To find out the process of settlement of adultery committed by adolescents in Mandah sub-district Indragiri Hilir district. Second, to find out legal consequences of the settlement of adultery crimes committed by adolescents through customary law. This type of research of sociological legal research. Empirical juridical research or sociological legal research is research conduted directly on site or in the field to obtain data to provide a complete and clear picture of the problem in question. This research was conduted in Mandah sub-district Indragiri Hilir district. The data used primary data, secondary data, and tertiary data. Data collection techniques using interviews and literature study.Based on the results of the study and discussion it can be concluded that first, the process of resolving criminal acts of adultery committed by adolescents in Mandah sub-districh. As for the settlement process through customary law that is : One, as a family. Two, in consultation with customary leaders and community leaders. Second, Legal consequences are customary legal liability by Ninik Mamak as law enforcers by priorotizing consensus adreement in determining customary punishment that is not contrary to applicable legal norms. Suggestion, the results in the flow of the settlement process of adultery committed by adolescents in Mandah sub-distrith are final, prioritizing common interests rather that individuals so that justice is not created and is not biased, and villages make village regulations that forbid teenagers or young men and women from carrying out activities above 10 pm except held by the village of scholl. National KUHP must pay attention to the values prevailing in society. Other than that, law enforcers are expected to be able to act fairly in the application of sanctions for those who commit adultery.Keywords: The process of resolving criminal acts of adultery committed by adolescents through customary law
ANALISIS YURIDIS TERHADAP KEKUATAN PEMBUKTIAN AUDIT INVESTIGASI OLEH BADAN PENGAWASAN KEUANGAN DAN PEMBANGUNAN SEBAGAI KETERANGAN AHLI DALAM PENANGANAN TINDAK PIDANA KORUPSI PANDJY SATRIA WAHYUDI; Zulfikar Jaya Kusuma; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Indonesia is a state based on law. One of the legal rules used in a criminalprocedure, namely the criminal procedure code as a codification and legalunification. Based on the provisions of Article 184 paragraph (1) of the Law onCriminal Procedure (Criminal Procedure Law) states about legal evidence, oneof which is expert statements. In the provisions of article 1 number 28 of thecriminal procedure code it is regulated about expert statements as legal evidenceaccording to law. Disclosure of corruption through witness testimony from anexpert in the financial and development oversight body is very influential andstrengthens the confidence of the judge in considering strong and valid evidencebefore the trial. The purpose of this is: first, to find out the form of evidence of thestrength of the investigative audit by the Financial and Development SupervisoryAgency as an expert statement in handling corruption. Second, to find out thebasis for conducting an audit investigation by the Financial and DevelopmentSupervisory Agency as an expert statement in handling corruption.This research is a normative juridical. The data source is secondary dataconsisting of primary legal materials, secondary law and tertiary legal materials.Data collection techniques in this study is a review of literature and documentarystudies and data analysis use thecnical deductive method.From the results of the study it can be concluded, first, the form of thestrength of the evidence of an investigative audit by the Financial andDevelopment Supervisory Agency as an expert statement in the handling ofcriminal acts of corruption is divided into several forms, namely physical testing,confirmation evidence, documentary evidence, observational evidence, questionand answer evidence by auditing, re-implementation, and analysis procedures.Second, the basis of the strength of the evidence of investigative audit by theFinancial and Development Supervisory Agency as an expert statement inhandling corruption is as a fulfillment of the request letter from the investigatingagency or the public prosecutor in accordance with the Decision of theConstitutional Court Number 31 / PUU-X / 2012 October 23, 2012.Keyword: Corruption Crime-Investigative Audit-Expert Statement
PEMBAGIAN HARTA WARIS PADA SUKU BUGIS DI DESA PENGALIHAN KECAMATAN KERITANG KABUPATEN INDRAGIRI HILIR Said Muhammad Iqbal; Hayatul Ismi; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Adat is a reflection of the personality of a nation, and is one of the incarnations ofthe soul of the nation concerned from century to century, therefore each nation in thisworld has its own customs that are not the same. The division of inheritance in the Bugistribe follows the patrilineal system or the father's lineage, which means that boys get agreater share than girls. The division of inheritance includes houses, land and otherproperty, girls in the Bugis tribe only get the inheritance from the heir while the boys get alarger share of land and other assets. In the customary distribution of inheritance to thewidow or widower Bugis tribe does not get a share, they are only allowed to manage theinheritance for the survival of the heirs. The emergence of a dispute in the distribution ofinheritance to the Bugis tribe occurs because the girl feels she is entitled to other assets,the desire to get equality distribution of inheritance or inheritance is shared equally orfairly.The problem that the author makes the basis in this study is how the distribution ofinheritance to the Bugis tribe community in the Village Transfer of Kritang District,Indragiri Hilir Regency, how the process of resolving the dispute over the distribution ofinheritance to the Bugis tribe community in the Transfer of the Kritang District, IndragiriHilir Regency. This type of research can be classified into empirical or sociologicalresearch types, because in this study the author directly conducts research at the locationor place of study in order to provide a complete and clear picture of the problem understudy. This research was conducted in the Village Transfer of Kritang sub-district,Indragiri Hilir Regency, the source of the data used are primary data and secondary data,data collection techniques in this study by observation, interviews and literature review.The results of this study are first. The distribution of the inheritance of the Bugistribe in Pengransfer village, Keritang Subdistrict, Indragiri Hilir Regency is done in threeways including the following, first is done by Grant (Pabbere), second by Wasiat(Pappaseng), and the last by After After Death / Deliberation Heir (Deliberation) where totalk). In the distribution of inheritance from the Bugis tribe in Pengransfer village,Keritang Subdistrict, Indragiri Hilir Regency, the ratio of inheritance received by girlsand boys is not balanced, which is two to one. Secondly, the improper distribution ofinheritance between boys and girls often results in disputes where girls feel inadequatewith their inheritance, the settlement of inheritance disputes in the Bugis customaryvillage in Pengalih Subdistrict Keritang, Indragiri Hilir Regency is done in two ways, firstby means of Family Consultation (Tudang Sipulung) By customary consultation(mapahkiade)Keywords: inheritance, adat, bugis tribe
KEBIJAKAN HUKUM PIDANA DALAM PEMBERANTASAN ILLEGAL UNREPORTED AND UNREGULATED FISHING DI INDONESIA Fanny Ayunda Dwi Putri; Erdianto Effendi; Davit Rahmadan
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

Indonesia is a state of law as stated in Article 1 Paragraph 3 of the 1945 Constitution of theRepublic of Indonesia. Indonesia has an area of 5,455,675 km2 and 3,544,744 km2 of which or 2/3 of itsterritory is the ocean. Indonesia has a diversity of natural resources both biological and non-biological.Especially the living natural resources in the sea which are the biggest assets owned by Indonesia so thatit is necessary to regulate the management and legal protection related to illegal, unreported, andunregulated fishing problems due to the rampant cases that occur in Indonesia related to illegal fishing.thus causing substantial losses to Indonesia. In Law Number 31 of 2004 jo. Law No. 45 of 2009concerning Fisheries strictly regulates matters relating to the management and legal protection ofcriminal acts relating to illegal, unreported, and unregulated fishing.The purpose of this study is to analyze criminal law policies in eradicating illegal, unreported,and unregulated fishing in Indonesia. The research method used in this paper is normative legalresearch, legal research conducted by examining library materials or secondary data, can be callednormative legal research or library legal research. This study uses methodologies for legal principles.Criminal law policies in eradicating illegal, unreported, and unregulated fishing in Indonesia are veryimportant regulations to minimize the occurrence of crimes in the context of fisheries in Indonesia andare a shared responsibility of the community and other law enforcement officials so that theirsustainability can be maintained. We really need clear regulations and have very strict legal certaintyagainst criminal sanctions and other sanctions that will cause a deterrent effect on perpetrators offisheries crimes.Keywords: criminal law policy, illegal fishing, unreported, unregulated fishing.
Analisis Yuridis Terhadap Putusan Nomor: 1132/Pid.Sus/2016/Pn.Pbr Pekanbaru Pada Pelaku Tindak Pidana Penyelundupan Kosmetik Ilegal Ita Maya Sari; Mexsasai Indra; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

The crime of smuggling illegal cosmetics continues to increase, behavior that circulates illegal cosmetics goods that have been entrenched and institutionalized. The most vulnerable factors to illegal cosmetics smuggling are the supervisors who are less comparative in supervising each spot that is highlighted by smugglers and the lack of supervision by the BPOM in examining every cosmetics that are taught. The target of the perpetrators is to circulate aimed at the shop in order to get profit. Consumers must be wiser in choosing cosmetic products by paying attention to the Registration number of BPOM. The smuggling of illegal cosmetics has caused concern to the public, the perpetrators of the police spotlight only claim to get the illegal cosmetics from other people and they are entrusted. The case that came to the court was certainly a serious problem, a case that occurred in 2016 in the Pekanbaru District Court on behalf of Adi Putra Alias Awi. The judge sentenced him with light sentences with a large amount of evidence and the absence of fines. With regard to light sentences, it will certainly be difficult to make the illegal cosmetics smugglers deterrent, given the lack of supervision of illegal cosmetics smuggling that is increasingly widespread will cause harm to the Indonesian state. The purpose of writing this thesis, namely: first to find out the judge's consideration in the illegal cosmetics smuggling case in the legal cosmetic circulation of the judge's decision number 1132 / Pid.Sus / 2016 / PN.Pbr in Pekanbaru District Court, secondly, to find out the ideal idea related to the sentence given judge to the defendant related to the absence of fines in the decision. This type of research is normative juridical research or can also be called doctrinal law research. Data collection techniques in this study with the study of literature. From the results of the research problem there are two main things that were concluded, first, the growth of judges in case number 1132 / Pid.Sus / 2016 / PN.Pbr in Pekanbaru District Court, second, related to the imposition of sanctions in cases of illegal cosmetics distribution in case number 1132 / Pid .Sus / 2016 / PN.Pbr in Pekanbaru District Court. Keywords: Judge's Decision - Fines - Criminal Actions of Illegal Cosmetic Smuggling
PENEGAKAN HUKUM TERHADAP PELAKU DAN PENYEDIA TEMPAT PERJUDIAN MESIN (GELANGGANG PERMAINAN ) DI KOTA PEKANBARU OLEH KEPOLISIAN DAERAH RIAU Viandras Billy Gustama; Mexsasai Indra; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

The current criminal law in Indonesia is a criminal law that has been codified, that is, most of itand its rules have been compiled in a wetboek, called the Criminal Code, according to a particular system.Basically, criminal law does focus on regulating the problem of crimes that occur in the community. If theConstitutional Court is often referred to as The Guardian Of Constitutution, then the criminal law inrelation to crime deserves to be called The Guardian Of Security which seeks to guarantee that the peopleare not victims of crime.This research is empirical juridical research or sociological legal research. Empirical juridicalresearch is carried out by identifying the law and how the effectiveness of the law applies in society. Whilethe population and sample are parties related to the problems examined in this study, the data sources used,primary data, secondary data, and tertiary data. The technique of collecting data in this study was throughinterviews and literature review.From the results of the research the authors did can be concluded, first Law enforcement againstthe crime of gambling machines that under the guise of playing fields, with children's business permits, hasnot been optimally performed. This is evident from the fact that there are still many gambling machines thathave a game of children operating in the city of Pekanbaru. The second obstacle in law enforcement is thefirst regulation regarding gambling is still multi-interpretation. In addition to the definition of gambling, theCriminal Code does not clearly explain the prize of the game / race which can be categorized as a crime ofgambling, whether it is only money or can be replaced with other prizes.Keywords: Law Enforcement - Actors and Providers - Gambling Machines.
PENGELOLAAN PASAR RAKYAT SEBAGAI SARANA PEMENUHAN PELAYANAN PUBLIK DI KOTA PEKANBARU Rahman Mulya; Emilda Firdaus; Evi Deliana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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The People's Market In Pekanbaru City holds a very importantprogram for the community's economy in the city of Pekanbaru, but the poormanagement of the market has caused the market to become slum and poorlymaintained. In article 1 paragraph 16 Pekanbaru City Regulation No. 9 of2014 concerning the management of people's markets, shopping centers andsupermarkets, explains that the people's market is a business place that isorganized, built and managed by the Government, Regional Government,Private Sector, BUMN or BUMD in the form of shops, kiosks, shops.This study aims to describe how the implementation of public marketmanagement functions in the city of Pekanbaru, to find out the obstacles in themanagement of the community market, and to know what efforts must be madein managing the people's markets. This type of research is classified intosociological legal research, namely research that looks at the correlationbetween law and society, so as to be able to express the effectiveness of thevalidity of law in society and identify unwritten laws that apply to society.Conclusions can be obtained from the results of research that themanagement of the people's market in the city of administration emphasizesmore that government oversight in managing and running the existing publicmarkets in Pekanbaru, follow-up is needed regarding problems in thetraditional market such as resolving the problems that occur in traditionalmarkets.Keywords: Disperindag responsibility, market management, supervision
PELAKSANAAN PERJANJIAN BANK GARANSI OLEH BANK NAGARI CABANG UTAMA KOTA PADANG DENGAN CV. FEBRIANO MITRA LESTARI TERKAIT WANPRESTASI ATAS PEMBANGUNAN GEDUNG PELAYANAN PERPUSTAKAAN DI KABUPATEN DHAMASRAYA Haniva Rahmadani; Firdaus Firdaus; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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The word warranty comes from the Dutch language, Garantie which means guarantee. Bank guarantee is a guarantee given by the Bank, in the sense that the bank declares a written acknowledgment whose contents agree to bind itself to the recipient of the guarantee within a certain period of time and certain conditions if in the future it turns out that the assured does not fulfill his obligations to the recipient of the guarantee. Implementation of the work may arise defaults carried out by the parties to the agreement. In such circumstances, the provisions which must be fulfilled that arise due to default, namely the possibility of termination of the agreement, compensation or fulfillmentThe purpose of writing this thesis, namely: first, to find out the implementation of the bank guarantee agreement by Bank Nagari with CV. Febriano Sustainable Partners, second, to find out the efforts to resolve defaults made by CV. Febriano Mitra Lestari.This type of research belongs to the type of Sociological Juridical research. According to Sutrisno Hadi, Sociological Juridical research is an effort to determine, develop, and test the truth of knowledge. Efforts are made using scientific methods for the research. This research was conducted and to complete the data source, the authors conducted research on the CV. Febriano Mitra Lestari located in Padang City, the data used are primary data, secondary data and data collection techniques in the form of research with interviews.From the results of this study it can be concluded that, First, To get a Bank Guarantee from Bank Nagari Main Branch Padang, CV first. Febriano Mitra Lestari submits an application in the form of a Bank Guarantee Application Submission Letter to the Nagari Bank of Padang Main Branch with a reply letter of approval from the Bank in the form of a Bank Guarantee Approval Letter (SPPBG) to CV. Febriano Mitra Lestari. Second, the implementation of the Bank Guarantee agreement by Bank Nagari Padang Main Branch with CV. Febriano Mitra Lestari can be carried out with the applicable provisions stipulated by Bank Nagari Padang Main Branch. Third, efforts to settle the defaults carried out by CV.Keywords: Bank Guarantee-Default
PERAN KOMISI PEMILIHAN UMUM KABUPATEN KEPULAUAN MERANTI DALAM MENINGKATKAN PARTISIPASI MASYARAKAT KABUPATEN KEPULAUAN MERANTI PADA PEMILIHAN UMUMTAHUN 2014 Ade Suprenda; Ikhsan Ikhsan; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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One year after the holding of the 1999 elections, the government together with the DPR passed Law Number 4 of 2000 concerning amendments to Law Number 3 of 1999 Concerning Elections. The main content of Law Number 4 of 2000 is an important change, namely that the holding of elections is carried out by an institution called the General Election Commission (KPU) which is independent and nonpartisan. KPU has representatives in each region tasked with carrying out elections in the provinces, and districts / cities, namely the Provincial KPU, and the Regency / City KPU. In the Indonesian constitutional system, the duties, authority, and obligations of the KPU in organizing the elections are not only related to the parties participating in the election, but also involve public participation as voters in the election. There are still areas that have not yet reached the target number of voters set by the KPU of Kepulauan Meranti Regency, which is 75%. This shows the low level of community participation in elections in the Meranti Islands Regency. Evidenced by the many people who did not use their voting rights during the election. Based on the description from the background above, the writer is interested in studying more deeply about this issue with the title, "The Role of the Meranti Islands Regency Election Commission in Increasing the Participation of the People of the Meranti Islands Regency in the 2014 General Election". This type of research can be classified as empirical or sociological legal research, because in this study the writer directly conducts research at the location or place of study in order to provide a complete and clear picture of the problem under study. This research was conducted at the Meranti Islands Regency KPU. Sources of data used, namely: primary data, secondary data and tertiary data. Data collection techniques in this research were Observation, Interview, and Literature Study. The conclusion that can be obtained from the results of the first research, The role of KPU in increasing public participation in the presidential election and legislative election is to socialize to the voters regarding the presidential and legislative elections. This role was considered successful because according to data the community participation rate which was originally in 2009 amounted to 63.00% now in 2014 rose to 82.40%. Second, the obstacles encountered by the Meranti Regency KPU in increasing voter participation in the 2014 presidential election and legislative election include the distance traveled which is still considered an obstacle. Then regarding the mindset of people who are still indifferent to the democratic party, namely the presidential election and the legislative election, each has their own reasons why they did not participate. And next about the DPT, a classic problem that never ends. Keywords: Role-Commission Election-Community Participation

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