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INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 2,579 Documents
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PERTANGGUNGJAWABAN PIDANA KORPORASI DALAM ILLEGAL FISHING DI INDONESIA (STUDI KASUS PUTUSAN NOMOR 05/PEN.PID.SUS/2015/PN.AMB) Hengki Purnata; Zulfikar Jayakusuma; Mukhlis R
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

Corporate criminal liability in illegal fishingin Indonesia is contained in Article 101 of Law Number 31 of 2004 in conjunction with Law Number 45 of 2009 concerning Fisheries which states that if the criminal act is committed by a corporation, the corporation is also subject to criminal sanctions through its management. And in reality in Decision Number 05 / Pen.Pid.Sus / 2015 / PN.Amb and Decision Number 01 / Pid.Sus / Prk / 2015 / PN.Amb, corporations are not subject to criminal sanctions or alternative sanctions. So that the decision Number 05 / Pen.Pid.Sus / 2015 / PN.Amb and also in the Decision Number 01 / Pid.Sus / Prk / 2015 / PN.Amb must be scrutinized and studied to improve the decision.This type of research is structured with a normative juridical research type. The approach used in this study uses a normative approach, namely literature law research.The results of the research from the author show that the regulation regarding the criminal responsibility of illegal fishing committed by corporations must be further regulated that those who can be prosecuted for an illegal fishing act are not only those who are direct perpetrators in the field but also those who are directly behind them and in practice of responsibility Corporate crime related to illegal fishing crime should involve the corporation in the imposition of the punishment. It would be unfair to pass all the blame on the Fishing Master and his captain alone.Keywords: Accountability - Corporation - Illegal Fishing
TINJAUAN YURIDIS TERHADAP PIDANA UANG PENGGANTI UNTUK PENGEMBALIAN KERUGIAN NEGARA DALAM PUTUSAN PERKARA NOMOR:01/PID.SUS-TPK/2018/PN.PDG Rahmatul Husna; Dessy Artina; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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In the Criminal Act Article 18 paragraph (1) of Law Number 3 of 1999 concerning Eradication of Criminal Acts. In general, there are still many who question the issue of collecting money, one of which is the criminal prosecution of corruption together. The judge dropped the loan of money to the defendant. The purpose of this thesis discussion, namely: First, understand money arrangements for corruption. Second, to find out the juridical decision on spending money on state spending for case decisions Number: 01 / Pid.Sus-TPK / 2018 / PN.Pdg.This type of research is normative legal research. This study is more specific to the principle research on the court's decision by reviewing, analyzing and analyzing various related literature which also discusses interviews with Kasubsi Extraordinary Efforts and Execution of the Special Crimes of the Padang District Attorney.From the results of the research conducted, it can be concluded, First, the criminal arrangement of substitute money is regulated in Article 18 paragraph (1) letter b of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning Eradication of Corruption. The compensation payment mechanism is regulated in the Supreme Court Regulation No. 5 of 2014 concerning Supplementary Criminal Money in Corruption Crime. While the process of billing and convicted person pays for the replacement money, the mechanism for payment of the replacement money is based on the decision of the Attorney General Number: Kep-518 / JA / 11/2001 dated November 1, 2001. the mistake and the role of the defendant so that they have not been able to apply justice, expediency and great proportionality to the community or to the defendant, in accordance with the objectives of the conviction.Author's Suggestions, First, the Judge should consider the facts that have been revealed in court so as to provide justice by providing appropriate and proportionate sanctions to the accused to provide justice for the perpetrators and victims. Second, in imposing a criminal sentence on the defendant, the Judge should pay attention to the benefits of the criminal sanction.Keywords: Judicial Review-Criminal Replacement Money
PERLINDUNGAN HUKUM TERHADAP PELAKU TINDAK PIDANA KORUPSI DALAM PELAKSANAAN PERAMPASAN ASET SECARA TIDAK WAJAR DIKAITKAN DENGAN ASAS PRADUGA TAK BERSALAH Kevin Kaleb Panjaitan; Dessy Artina; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

Provisions regarding confiscation of assets resulting from criminal acts of corruption are regulated in Article 18 paragraph (1) of Law Number 31 Year 1999 jo. Law Number 20 Year 2001 Concerning the Eradication of Corruption Crime. In implementing the law enforcement apparatus will be faced with various conditions that lie in the protection of human rights, namely the rights of the suspect or the rights of the defendant, in realizing the due process of law, law enforcers must pay attention to the rights of the suspect or defendant which normatively must be have a place in the criminal justice system. However, this mechanism of expropriation without criminal charges which is considered a breakthrough contains a very crucial point. The application of the presumption of innocence must be applied by the KPK in confiscating assets resulting from criminal acts of corruption during the investigation stage. The KPK is not allowed to seize without first tracing and identifying assets. However, in fact, in some cases the plunder was carried out improperly. The confiscation of assets must be carried out by the KPK through a quality control assessment. The existence of this control is an important part so that confiscation is carried out carefully and thoroughly. The KPK is obliged to apply the presumption of innocence to assets owned by perpetrators of corruption. Applying the principle of presumption of innocence in confiscation of assets is an effort to provide legal protection and avoid confiscating assets by violating the protection of property rights.This research will be compiled using the juridical normative research type, which is research that is focused on examining the application of legal principles or norms to legal principles. By conducting identification in advance of the legal principles that have been formulated in certain legislation. The data collection technique used in this research is literature study. The approach used in this research is to use a normative approach, namely literature law research.The results of the research conducted by the author are first, the arrangement of improper confiscation of assets against perpetrators of corruption in Indonesia in Law No. 31 of 1999 jo. Law Number 20 Year 2001. The regulation stipulates that confiscation of assets without punishment can be carried out if the judge first grants a civil suit from the state attorney or agency that is injured, namely in the absence of sufficient evidence to continue the criminal process. The form of legal protection for perpetrators of corruption is linked to the presumption of innocence. Protection of Human Rights of Suspects is protected in the constitution and laws in force in Indonesia. The 1945 Constitution (UUD) is the basis for all Indonesian citizens to exercise their rights as citizens in the life of the nation and state.Keywords: Plunder - Corruption - Presumption of Innocence
ANALISIS YURIDIS TERKAIT PERSYARATAN BEBAS BERSYARAT ABU BAKAR BA’ASYIR Mardiana Andresa P; Erdianto Erdianto; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

The state guarantees the rights of prisoners as regulated in Article 14 paragraph (1) of the Law of the Republic of Indonesia Number 12 of 1995 concerning Corrections. One of the rights guaranteed in the correctional law is parole. The government plans to release Abu Bakar Ba'asyir for humanitarian reasons, so it immediately reaps the many pros and cons. Apart from the political factors that arose with the plan to release Abu Bakar Ba'asyir, it is important to study it from legal analysisThis type of research can be classified as normative legal research, namely legal research carried out by examining library materials. In this study, the authors conducted research on legal principles using descriptive methods. The data collection technique used in Normative Law Research is a library research method, namely using the library as a means of collecting data, by studying books as reference material related to the problems to be studied.The conclusion that can be obtained from the research results is that the process of granting parole to terrorism convict Abu Bakar Ba'asyir who invites controversy in a juridical perspective, there are general conditions and special conditions. Granting parole for terrorism convicts is different from granting parole for general prisoners. Terrorism convicts must attach a certificate of having participated in the Deradicalization Program from the Head of Prisons and / or the Head of the National Counterterrorism Agency. As for the object that becomes the Controversy Polemic of Abu Bakr Ba'asyir's parole, there is a requirement for Abu Bakar Ba'asyir, there are conditions that must be met. Efforts that have been made to resolve the Abu Bakar Ba'asyir Controversy in Criminal Law Perspective by referring to the continued legal basis related to parole which regulates the conditions for conditional release for terrorism convicts to be fulfilledKeywords: Legal Analysis, Controversy, Parole, Abu Bakar Ba'asyir
PERTANGGUNGJAWABAN PIDANA ADVOKAT YANG MELAKUKAN PERBUATAN MENGHALANG-HALANGI PROSES PERADILAN TINDAK PIDANA KORUPSI Rozi Agus Saputra; Evi Deliana; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Corruption eradication in Indonesia still faces many obstacles, some of which are caused by resistance from various parties. The number of actions that are blocking the judicial process of corruption. One of them is the action of an advocate who deliberately blocks the judicial process against his client. However, in the Corruption Act does not clearly regulate the criteria of conduct which is categorized as an act of obstruction of justice. In addition, an advocate feels that he cannot be held liable for criminal liability because of the inherent immunity rights in his profession.Research method / approach used by writer in this research is normative law research. The primary legal material used is Law Number 18 of 2003 concerning Advocates, Act Number 46 of 2009 concerning Corruption Criminal Court. Secondary Legal Material, in the form of a bill, research results, scientific work from the legal community and others, newspapers, internet, articles. Tertiary Legal Materials such as dictionaries, encyclopedias. Analysis of the data used is the analysis of qualitative data and describes it descriptively.From the research results it can be concluded that the obstruction of justice of the judicial process of corruption is not limited to just a few acts, the Actor only understands and knows that his actions can result in obstruction of the legal process, although in reality the legal process is not frustrated by his actions. And for advocates who commit acts to obstruct the criminal justice process of corruption, they must still be held accountable even though the company is protected by the rights of immunity because the rights of immunity still have limitations or are not absolutely valid.Keywords: Obstruction of justice, advocate, criminal liability.
PELAKSANAAN ASAS MEMPERSULIT TERJADINYA PERCERAIAN PADA PENGADILAN AGAMA PAYAKUMBUH BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN Allifa Amelia; Hayatul Ismi; Hengki Firnanda
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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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
ANALISIS YURIDIS JASA TITIP DALAM PERDAGANGAN ANTAR NEGARA YANG MEMPENGARUHI DEVISA NEGARA INDONESIA DALAM KERANGKA MASYARAKAT EKONOMI ASEAN Windy Aprila; Zulfikar Jayakusuma; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Currently there is an interesting phenomenon related to online business opportunities, namely titip service business (jastip). Jastip offers help to people who need or want to buy something but can't go where they want to. There is a deposit service fee when entering the territory of Indonesia. From the background of the problem, the formulation of the problem was born, namely, first how is the juridical analysis of titip services in trade between countries that affect the foreign exchange of The Indonesian state within the framework of the ASEAN Economic Community, Second, What countermeasures has the Indonesian government done in tackling splitting mode in titip service activities, The purpose of this writing is to know the juridical analysis of deposit services in trade between countries that affect the foreign exchange of The Indonesian state within the framework of the ASEAN Economic Community and to know the countermeasures that have been done by the Indonesian government in tackling splitting mode in the implementation of titip services. This type of research can be classified as normative-juridical research where this research is conducted on legal principles that point to the rejection of certain areas of legal system, by conducting advance identification of the legal methods that have been formulated in certain legislation. In this study, the data source used is secondary data with primary, secondary, and tertier legal materials conducted by means of literature studies. From the results of the research obtained that, first, the juridical analysis of titip services in trade between countries that affect the foreign exchange of the country in the framework of the ASEAN Economic Community, namely the increasing activity of titip services between these countries will lead to a decrease in foreign exchange in Indonesia, the law governing titip services in detail is not contained in the rules in Indonesia. This is because titip services can be done commercially or not. Titip services provide stimulus to imports within the framework of the ASEAN Economic Community, secondly, the countermeasures that have been done by the Indonesian government in tackling splitting mode in titip service activities, namely by cooperating with merchant associations and collecting information from the public, Checking Goods On Customs Custom on Passengers who cheat, Checking Purchase Documents, and anti splitting.Keywords : Jasa Titip-Perdagangan-MEA
PENEGAKAN HUKUM TENTANG TINDAK PIDANA KARTU TANDA PENDUDUK GANDA DI KECAMATAN BANGKINANG KOTA BERDASARKAN UNDANG-UNDANG NOMOR 24 TAHUN 2013 TENTANG ADMINISTRASI KEPENDUDUKAN Rika Elvita; Dessy Artina; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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KTP (Identity Card) is the official identity of the population as proof of self that is issued by the implementing agency and is valid in all regions of the Republic of Indonesia. The dual ID card crime is someone who has a KTP but has more than one KTP printed, besides the KTP he also has another KTP with different data (different NIK). In practice, there are still multiple ID cards in Bangkinang Kota District. The purpose of writing this thesis, namely: first to find out law enforcement efforts against dual ID card crimes by the police in the District of Bangkinang Kota, second to find out the obstacles faced by the police in efforts to enforce the law against dual ID cards in the District of Bangkinang City.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 in the District Police Station Bangkinang Kota, while the population and sample are all parties related to the problems examined in this study, the source of the data used are primary data, secondary data, and tertiary data, data collection techniques in this study with questionnaires, interview and literature study.From the results of the study it can be concluded that the first 2 things are preventive efforts, in this case the police conducts legal counseling to the community not yet at maximum level, the police's repressive efforts will take action against any community that violates the applicable laws and regulations. The two factors hampering the police are the lack of a service system for making ID cards and the factor of lack of support, knowledge, awareness and community participation.Keywords: Identity Card-Criminal Act-Law Enforcement
PERJANJIAN YANG DI LARANG DALAM USAHA TIDAK SEHAT TERHADAP PERBEDAAN HARGA TANGGA DI TOKO BANGUNAN PEKANBARU Hafis Ryadhie; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Business competition is competition between competition in carrying out production and marketing activities of goods and services. Competition is a strategy to advance the company by producing good quality products through new discoveries and ways to run a better company. This kind of competition is fair competition, where competition is justified by law and brings profits without harming competition. In addition to fair business competition there is unfair business competition, which is business competition that is carried out not in competition, against the law, and against competition.This type of research can be classified in the type of sociological (empirical) legal research, because in this study the authors directly conduct 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 CA Building Store, while the population and sample were CA Store Owners, Building Stores that sell the same items and Consumers. Data sources used are primary data and secondary data. Data collection techniques in this study were interviews, questionnaires, and literature review.The conclusions that can be obtained from the results of the study are First, the Practice of the Prohibited Agreement in Unfair Business Competition Against the Difference in Price of Stairs in Pekanbaru Building Stores has often happened one of them as did the CA shop. Prohibited agreements are included in the Pricing category, whereby the business actors agree to jointly determine the price of goods / services on the market for the benefit of the business actor. Article 5 Paragraph (1). Second, Efforts to Overcome the Practices of Prohibited Agreements in Unfair Business Competition Against Stairs Price Differences in Pekanbaru Building Stores, namely by reporting to the Business Competition Supervisory Commission (KPPU).Keywords: Business Competition, Prohibited Agreements, Building Stores, Stair Prices, Pricing.
ANALISIS UNSUR KESALAHAN (MENS REA) TERKAIT TINDAK PIDANA PENGANIAYAAN (STUDI KASUS PUTUSAN NOMOR : 372/PID.B/2020/PN JKT.UTR) Pengky Stephen Sigalingging; Erdianto Effendi; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Cases of criminal acts of persecution continue to be in the public spotlight, this happens because there are many cases of criminal acts of persecution that cause unrest in the community. Not only cases of criminal acts of persecution that were carried out spontaneously, but also those that were planned in advance and caused serious injuries. This study explains the problems regarding the application and proof related to the element of error (mens rea) in the form of intentional and unintentional in Decision Number: 372/Pid.B/2020/PN.Jkt Utr. As there is a discrepancy with the existing actus reus and causes the element of error in the form of intentional turning into negligence. This is because there is no definite basis that can be used in applying the element of error (mens rea) in cases of criminal acts of persecution. This thesis will explore the application of the element of error (mens rea) in the case of Decision Number: 372/Pid.B/2020/PN.Jkt Utr.This type of research is normative legal research that uses case studies of literature in collecting and searching data. In this study, the authors conducted research on legal theory, namely the theory of criminal law policy and the theory of legal certainty. This research is a descriptive research, which is a research method that describes the actual situation at the time of the research through data collection which is then interpreted with each other so that the formulation and analysis of an existing problem is obtained. Data analysis used by researchers in this study is qualitative data analysis, namely data analysis that does not use statistics or other things, but researchers simply describe descriptively or verbally based on the data obtained.The results of this study can be concluded in two main things. First, the evidence and application of the element of error (mens rea) by the Panel of Judges in the North Jakarta District Court Decision Number: 372/Pid.B/2020/PN.Jkt.Utr is considered inappropriate. As in the proof and application of the element of guilt (mens rea) in the case, the judge stated that the consequences of the act were not included in the mens rea so that the act was considered as negligence. Meanwhile, the act should have entered the realm of "deliberate" in which the Defendant was aware of the possibility of other consequences but continued to commit his actions. This shows that there is an error in the application of the element of error (mens rea) which leads to the absence of legal certainty in the criminal law enforcement process. Second, the parameters that determine the emergence of the element of error (mens rea) from each decision have a significant difference in applying the element of mens rea. The absence of a definite basis results in the application of the mens rea element not having legal certainty. The absence of legal certainty is certainly very contrary to criminal law policies which are supposed to provide certainty, justice, and benefits.Keywords: Persecution, Mens Rea, Seriously Injured.

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