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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
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Articles 2,579 Documents
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PERTANGGUNGJAWABAN PIDANA TERHADAP KELALAIAN ORANG TUA MENGAWASI ANAK YANG MENJADI KORBAN KECELAKAAN LALU LINTAS Meta Permata Sari; Dessy Artina; Erdiansyah Erdiansyah
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

Traffic accidents that often occur are caused by several factors, one of which is negligence, both driver and pedestrian negligence. Accident victims do not know the age from children to adults. Children who are victims of traffic accidents are mostly motivated by the negligence of parents watching their children when they are around the highway that causes children to become victims in traffic accidents.The purpose of this thesis research is first to find out the criminal liability of parents for negligence in supervising children who are victims of traffic accidents, secondly to find out the ideal idea of criminal liability for parental negligence. The type of research the author uses is normative legal research or better known as legal research.From the results of the research problem there are two main things that can be concluded. First, criminal liability for negligence in Article 359 of the Criminal Code does not specifically regulate negligence of parents towards children specifically. Positive law needs to be done about renewal of negligence of parents watching over children who become victims and die. Apart from the driver's mistake, negligence of the parents is a major factor in the traffic accident. Second, the ideal idea of criminal liability in the form of new regulations regarding the responsibilities of parents towards children is discussed in detail so that no more similar cases occur in children. Criminal fines can be applied as punishment to parents. Apart from the grieving parents lost their children's lives and then must be responsible with the criminal fines that must be paid, this aims so that the deterrent effect and the reduction of cases like this against children in the future. Author's suggestion, First, it is hoped that legal reforms need to be carried out so that law enforcement and legal protection are carried out more specifically and specifically so that parents understand their responsibilities towards children who naturally need family protection and supervision, especially parents, not necessarily forgetting their mistakes because of neglect. responsible. Secondly, the increasing number of traffic accidents and one of them is because negligence demands that we carry out a more optimal legal policy for road users both motorists and pedestrians to be more careful and especially for parents who bring their children to pay more attention to their children so that they cannot be separated from surveillance and becoming a victim of an accident.Keywords: Negligence - Responsibility of Parents - Children - Accidents
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PEMALSUAN TANDA NOMOR KENDARAAN BERMOTOR DI KOTA PEKANBARU M REZKY RAMADHAN; Dessy Artina; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Legal certainty without being based on the joints of justice will causedissatisfaction and invite many reactions. The law functions as a social control(social control) can be interpreted, namely as a process whether planned or not,which is educational, inviting or even forcing citizens to comply with theprevailing system of rules and values. At this time in the city of Pekanbaru, therewere many perpetrators of the Counterfeiting of Motorized Vehicle Number Signs(TNKB). According to Article 263, namely: "Anyone who makes a fake letter orfalsifies a letter that can give rise to rights, commitments or debt relief, or whichis intended as evidence of something with the intent to use or order someone elseto use the letter as if the contents are true and not forged, threatened if the usecould cause harm, due to falsification of th e letter, with a maximumimprisonment of six years. " Threatened with the same crime, anyone whodeliberately uses fake letters or falsified as if it were true, if the use of the lettercan cause harm.The writing of this scientific paper aims to: first, how is the law enforcementof falsified vehicle markings in Pekanbaru. Second, to find out what are theobstacles in the process of law enforcement for the falsification of motor vehiclemarkings in Pekanbaru. Third, to find out how to overcome the counterfeiting ofvehicle number signs in Pekanbaru.From the results of this research, it can be concluded that theimplementation of criminal law enforcement against falsification of motorizedvehicle number sign (TNKB) in Pekanbaru City is carried out by the PekanbaruCity Police Department through 2 (two) efforts, namely, Preventive efforts carriedout by providing socialization to the wider community, especially to fake licenseplate users on Motorized Vehicle Number Signs, and with repressive measures,namely by giving a reprimand and issuing a ticket to the perpetrators of fake plateviolations of Motorized Vehicle Number Signs.Keywords: Criminal Acts, Counterfeiting, Vehicle Number Signs
PELAKSANAAN EKSEKUSI OLEH PENGADILAN AGAMA TERHADAP PUTUSAN HAKIM MENGENAI HARTA BERSAMA (STUDI DI PENGADILAN AGAMA BENGKALIS) Syafira Nurhaliza; Maryati Bachtiar; Ulfia Hasanah
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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Abstract

The problem that occurs when the divorce occurs is that one of the parties does not get his rights from the assets that were obtained together during the marriage period as in the Bengkalis Religious Court Decision Number 0613 / Pdt.G / 2017 / PA.Bkls and Pekanbaru High Religious Court Decision No. 20 / Pdt.G / 2019 / PTA.Pbr. The author's interest in taking this title is that the sharing of collective assets needs to be based on aspects of justice for all parties involved. However, not all executions can run smoothly, for example the defendant had bad faith while the trial process was still running, namely transferring the disputed property to a third party.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 on JalanJend. Sudirman No. 198, Tangkerang Tengah, MarpoyanDamai District, Pekanbaru City, Riau. While the population and samples are Pekanbaru Religious High Court Judges, Attorneys / Lawyers and Parties in litigation. The 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 research are First, the basis for the judge in deciding the case for the distribution of joint assets is correct by considering the facts in the trial and the judges' considerations and has fulfilled the sense of justice. The judge in determining joint assets after divorce in the religious court based on decisions is regarding the portion of the distribution of joint assets in the Religious Court. Second, the execution by the Religious High Court of the judge's decision regarding joint assets based on the Bengkalis Religious Court Decision No 20 / Pdt.G / 2019 / PTA.Pbr yet executable. and Third, there are several obstacles in the execution of the distribution of joint assets at the Pekanbaru Religious High Court, which consists of the costs borne by the executioner, the execution officer personnel and the resistance of the execution respondent.Keywords: Execution, Judge's Decision, Joint Assets
PENEGAKAN HUKUM TERHADAP PELANGGARAN MUATAN BARANG DI WILAYAH HUKUM KEPOLISIAN RESOR DAIRI Febrianda Raja; Davit Rahmadan; Widia Edorita
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

The development of transportation which is relatively very rapid is carried out through transportation technology which is characterized by its main characteristics namely increasing vehicle speed and enlargement of transport capacity. So that all community activities are based on applicable laws, as well as on traffic rules. Traffic is a vital means, because it is directly related to transportation.This thesis, namely; First law enforcement for violations of cargo in the Dairi Resort Police jurisdiction. Secondly, there are obstacles to law enforcement against violations of cargo in the Dairi Resort Police jurisdiction. Third, efforts to overcome obstacles to the cargo cargo in the Dairi Resort Police jurisdiction.This research is classified in the type of sociological research, which examines certain legal phenomena by analyzing them, then seeking a solution to the problems that arise in the phenomena concerned. This research was conducted at the Dairi Resort Police, namely the Dairi Resort Police Traffic Unit and the Dairi District Transportation Agency. Meanwhile, the population and sample are all parties related to the problem examined in this study. Data sources used are primary data, secondary data and tertiary data, as well as data collection techniques in this study by observation, interview, submitting a list of questions and document studies.From the results of the study it can be concluded that the Lawsuits Against Offloading of Goods Overloaded in the Dairi Resort Police jurisdiction is still not going well because the legal process does not match the legal process in force by the Dairi Resort Police apparatus. Inhibiting factors occur criminal acts of violation of the cargo of goods, namely internal and external factors that are interrelated in supporting the occurrence of criminal acts of violation of the cargo of goods.Keywords : Law Enforcement – Violations - Cargo
PENAFSIRAN KITAB UNDANG-UNDANG HUKUM PIDANA TENTANG PENCURIAN DALAM KELUARGA TERHADAP PERKAWINAN DI BAWAH TANGAN PADA PUTUSAN PENGADILAN NEGERI TELUK KUANTAN NOMOR 1/PID.B/2020/PN TLK Atika Shalwani; Erdianto Erdianto; Adi Tiaraputri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Theft in the family as stipulated in Article 367 of the Criminal Code, the legislator stipulates theft as a criminal complaint (klacht delict), i.e. theft that can only be prosecuted on the basis of complaint from the aggrieved party. The type of complaint contained in the Criminal Code is a relative complaint, namely a complaint against the person who committed the theft and the absolute complaint that is his or her actions. Regarding theft in the family stipulated in Article 367 of the Penal Code, neither husband nor wife can sue each other in the event of theft between the two parties, the legal principle of marital property is that by marrying the husband and wife, then all the assets brought by the husband and wife into the marriage, enter into a group of property, called the property of unity. But based on this case, the wife has suffered losses for her husband's actions. However, the wife cannot sue her husband in positive legal rules. Plus their marital status is marriage under hand. So it is not recognized by the State and the wife is difficult to get justice for.The purpose of this research is to find out how the legal process against theft in the marital family is under hand, as well as the known interpretation of Article 367 of the Criminal Code against the case of theft in marriage under hand. This research will be compiled using a type of normative juridical research, namely research focused on examining the application of rules or norms in positive hokum. The approach used in this study is to use a normative approach that is literature law research.The result of the study conducted by the authors is that, although a delik is a complaint in this case in the form of a criminal theft in the family to conduct an investigation of the relic, it is known that the judge ruled in the case of theft in the marriage family under the hands is thus only included in the 362 Criminal Code because it fulfills the element of taking something, which is entirely or partially belonging to another person , with the intent to be unlawfully owned.Keywords: Interpretation – Marriage under Hand – Theft
PENYELESAIAN SENGKETA PERJANJIAN KERJASAMA ANTARA PT. SAFARI RIAU DENGAN KOPERASI TERANTANG JAYA MANDIRI DESA TERANTANG MANUK KECAMATAN PANGKALAN KURAS KABUPATEN PELALAWAN Tengku Indira Larasati; Zulfikar Jaya Kusuma; Dasrol Dasrol
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

The government in the context of plantation management has directed its attention to increase the productivity of plantation management through partnership patterns. People who have low education who as a whole do not understand what and how the pattern of partnerships and lack of understanding in legal and management knowledge do not rule out the possibility of causing irregularities in a partnership agreement for the benefit of the core company, as happened at PT. Riau Safari. PT. Safari Riau as a partner of oil palm farmers should build a reciprocal relationship as a mutually beneficial partner. The partnership agreement that should have been mutually beneficial in the development cooperation and management of oil palm plantations caused polemic problems that resulted in a dispute between PT. Safari Riau and Koperasi Terantang Jaya Mandiri.This study aims to determine the rights and obligations of a cooperation agreement between PT. Safari Riau and the Koperasi Terantang Jaya Mandiri and the resolution of the dispute in the development and management of palm oil in Terantang Manuk Village, Pangkalan Kuras District. This research is an analytical descriptive empirical study. Data collection techniques carried out using primary data and secondary data. The results showed that 1) Rights and obligations of PT. Safari Riau and Koperasi Terantang Jaya Mandiri in the Palm Oil Development and Management Cooperation Agreement in the Terantang Manuk Village in Pangkalan Kuras Subdistrict, namely the company's rights as a manager and to finance the development and management of oil palm on the land of Kop-TJM members by providing experts for the development and management of plsama and providing technical guidance and job training to all workers and members. Kop-TJM is required to repay loans and will not sell or transfer ownership rights to plasma plantations without company approval. The rights of Kop-TJM members are obtained from the FFB sales revenue distributed monthly based on a percentage of FFB sales revenue. 2) Settlement of Disputes between PT. Safari Riau with the Terantang Jaya Mandiri Cooperative in the Development and Management of Palm Oil in the Terantang Manuk Village, Pangkalan Kuras District has been carried out through several stages, namely the stages of negotiation, conciliation and mediation. PT. Safari Riau with the Koperasi Terantang Jaya Mandiri in the Development and Management of Palm Oil in the Terantang Manuk Village, Pangkalan Kuras District continued until the court's verdict.Keywords: Settlement of Disputes - Cooperation Agreements – Cooperatives
TANGGUNG JAWAB PENGELOLA OBJEK WISATA TERHADAP PENGUNJUNG DI TAMAN WISATA ALAM MAYANG KOTA PEKANBARU Wildaniati Wildaniati; Firdaus Firdaus; Ulfia Hasanah
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

In Pekanbaru City, there is the Alam Mayang Tourism Park, which is one of the tourist parks that people like to visit, both the people of Pekanbaru City and the migrant communities from various regions, so the tourism park must prioritize the safety and security of visitors. Article 20 of Law Number 10 of 2009 concerning Tourism Every tourist has the right to obtain accurate information about tourist attractions, tourism services in accordance with standards, legal and security protection, health services, personal rights protection and insurance protection for high-risk tourism activities. Therefore, the purpose of writing this essay, namely: first, To find out the responsibility of the tourist management of visitors to the Mayang Nature Tourism Park Pekanbaru City based on Law Number 10 of 2009 concerning Tourism. Second, to find out the constraints of the safety and security of visitors at the Mayang Nature Tourism Park, Pekanbaru City. This type of research can be classified in the type of empirical or sociological legal research, because in this study the author immediately conducts research on the location or place under study in order to provide a complete and clear picture of the problem under study. This research was conducted at the Mayang Nature Tourism Park in Pekanbaru City. Data sources used, namely: primary data, secondary data and tertiary data. Data collection techniques in this study with Interviews, Questionnaires and Literature Studies. Conclusions can be obtained from the results of the first study, as referring to several cases that occurred such as Visitors experiencing cruelty, being injured while traveling and being injured while using flying fox, in this case the manager is not responsible for the losses suffered by the Visitors, all should losses borne by the company Mayang Nature Tourism Park Pekanbaru City. Second, the factors that influence the lack of the realization of legal responsibility from the manager of the Pekanbaru City Nature Park for accidents or losses experienced by pengunung, namely lack of public awareness, inadequate facilities / facilities and weak supervision from the Government. The author's advice is to the regional government for the future in order to increase its supervision of the tourism park, whether it is the major natural tourism park in the city of Pekanbaru or other tourist parks. To the company Mayang Nature Tourism Park Pekanbaru City in order to improve its services, is responsible for the losses experienced by Visitors, provide adequate facilities, so that legal protection for visitors can be obtained and can be realized properly.Keywords: Legal Protection - Visitors of Alam Mayang Tourism Park
Pengaturan Justice Collaborator Dalam Tindak Pidana Narkotika Di Indonesia Dan Amerika Serikat Nasrullah Umar Harahap; Evi Deliana; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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The issue regarding the justice collaborator is a complex and interesting issue to be discussed in aconception or legilacy. Is a justice collaborator an offender or not a criminal offender, or is a special awardor protection and punishment needed given the very need for the role of justice collaborator in disclosing anextraordinary organized crime such as a narcotics crime. Law enforcers often encounter a deadlock todecide cases involving a justice collaborator because there is no adequate legal instrument to facilitatelegal guarantees to be obtained. The purpose of this paper is: first, the knowledge of justice collaboratorarrangements in narcotics crimes in Indonesia and the United States. Second, knowing the urgency ofjustice collaborator arrangements in narcotics crimes in Indonesia. Third, reviewing, encouraging andproviding input to be born an ideal idea of a justice collaborator arrangement in narcotics crime inIndonesia.This type of research used in legal research is a normative juridical method. Therefore, a qualitativemeasure of analysis is used which relies on the substance with data in drawing conclusions. In drawingconclusions, the writer uses deductive thinking method, which is a way of thinking that draws a conclusionfrom a statement or general proposition into a statement or case of a special nature.From the results of research and discussion it can be concluded that, First, regulation of justicecollaborators in narcotics crimes in Indonesia is still inadequate, especially in the aspect of institutionsauthorized to provide protection to justice collaborator. Second, the urgency of legal protection againstjustice collaborators in considering weighing Law Number 13 Year 2006 in conjunction with Law Number31 Year 2014 concerning Protection of Witnesses and Victims explained that guarantees of protectionagainst witnesses and victims have an important role in the criminal justice process so that with witnesstestimony and victims given freely from fear and threats can reveal a crime. In the provisions of the nextpoint it is explained that in order to disclose an overall attempt at a criminal offense, especially anorganized transnational crime, it is also necessary to protect witnesses, reporters and experts. Third, theidea of regulating a justice collaborator in the future of narcotics crimes in Indonesia (ius constituendum) isoriented to affirmation of the protection institution and the concept of a restorative justice approach.Keywords: Justice Collaborator-Narcotics Crime
IMPLEMENTASI MEDIASI PENAL TERHADAP TINDAK PIDANA PENIPUAN DI KEPOLISIAN RESOR KAMPAR Dian Oktami; Mexsasai Indra; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

In everyday life humans are often faced with an urgent need, to fulfill it, often carried out without careful thought such things will have a negative effect that is not balanced with a life of good value. To restore a good life, a responsibility of the perpetrators is needed in the form of a delegation of a sense of community discomfort that can be felt as well as the suffering or loss experienced. Delegation is carried out by an individual or group of people authorized for it as an assignment given by the community to him. Meanwhile, for the recipient of an abundance in taking responsibility for his actions, it is in the form of punishment which is called criminal and lately there are often changes in Indonesian society that are then known with a moral crisis that is one form of crime that is still very common in society, namely fraud, in positive Indonesian law the principle of criminal cases cannot be resolved outside the court, although in certain cases it is possible to settle cases outside the court. However, law enforcement practices in Indonesia are often also criminal cases resolved outside the court through the discretion of law enforcement officials, peace mechanisms, adat institutions and so on.This research is a type of sociological legal research, which is research that wants to see the unity between law and society with the gap between das solen and das sein. The study was conducted at the Kampar Resort Police because the authors describe how the Implemantation of Penal Mediation Against Fraud Crimes in the Kampar Resort Police, this location was chosen because many Fraudulent Crime cases were Penal Mediation but were not suitable for mediation, and did not filter out the appropriate cases for Mediation and which is inappropriate for Mediation.The results of the research conducted by the author are, it is expected that the implementation of the application of mediation of the penal that is in accordance with the punishment of the perpetrators of fraud in Kampar resort police in relation to the integrated criminal justice system and also this restorative justice so that the perpetrators of the criminal acts of fraud have a sense of effect to him so that in the future the perpetrators will not commit fraud again.Keywords: Crime, Fraud, Penal Mediation
TINJAUAN YURIDIS TERHADAP PERUBAHAN PERATURAN DAERAH KOTA PEKANBARU NOMOR 7 TAHUN 2017 TENTANG RENCANA PEMBANGUNAN JANGKA MENENGAH DAERAH (RPJMD) TAHUN 2017-2022 Sherly Permata Yendra; Mexsasai Indra; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

In carrying out regional development, the government requires good and accurate development planning. Consistency and directed planning based on data which is an integral part of the regional planning process, it is accurate with the details of the terms and conditions of the Regional RPJM which are regulated in detail in the Domestic Regulation Number 86 of 2017. The methods and requirements of regional development planning must refer to the contained in the legislation on development planning in order to ensure consistency and the achievement of the objectives of development planning in the regions. In the Draft Regional Regulation Number 7 of 2017 concerning the Regional Medium-Term Development Plan (RPJMD) in Pekanbaru City which revised there were several problems which if viewed the implementation of the plenary meeting was not in accordance with the laws and regulations and government regulation 12 of 2018 concerning guidelines for the preparation of rules and regulations. Regional People's Representative Council so that no decision can be taken and the Draft Regional Regulation on the RPJMD which was proposed by the Mayor to the Governor of Riau Province in fact still exists.This research is a sociological juridical legal research, namely aresearch approach that emphasizes the legal aspects (laws and regulations) regarding the subject matter to be discussed, associated with the reality in the field. This study uses primary data sources consisting of primary, secondary, and tertiary legal materials.From the results of the research and discussion carried out, there are several conclusions obtained, namely: First, when viewed from the political aspect, the amendment to the regional regulation Number 7 of 2017 concerning the RPJMD has different views of the factions in the process of changing the regional regulation, which has generated a lot of prolonged controversy that is not yet clear. direction and urgency in making changes. And if viewed from a sociological aspect, changes to the RPJMD must be adjusted to the RPJPD and other national regional development direction documents, as well as the formation of the medium-term planning of the Pekanbaru City area that has not been fully implemented based on Permendagri Number 86 of 2017 in the formation of amendments to Regional Regulation Number 7 of 2017 concerning RPJMD. Keywords: RPJMD – Regional Development – Regional Regulatio

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