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INDONESIA
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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PERLINDUNGAN HUKUM TERHADAP PEMENANG LELANG BENDA BERGERAK NON EKSEKUSI SUKARELA YANG TIDAK MENDAPATKAN AKTA RISALAH LELANG DI PT. IBID BALAI LELANG PEKANBARU Al Arif; Maryati Bachtiar; Ulfia Hasanah
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

This study aims to determine the criminal threat of online debt debt collector to online loan debtors in debt collection and to find out the obstacles or obstacles to the police in the criminal act of violence committed online debt collector loans to online loan debtors that occur in Riau province. The research method used is a descriptive sociological juridical method, where research data are obtained from field study and library research, the data analysis is done interview.Based on the results of the study, criminal acts of violence committed online debt collector loans to online loan borrowers are very detrimental to the public because in debt collection to online debt borrowers have violated the ethical rules of debt collectors in Bank Indonesia Circular Letter Number 14/17 / DASP / 2012 concerning the Implementation of Card-Based Payment Instrument Activities debt collection and have violated the ITE Law. In the criminal act of threat of violence committed by this online loan debt collector, the police experienced obstacles in finding the perpetrators of the crime, especially what was done by the debt collector through electronic media or online.Keywords: Threat of Violence, Debt Collector, Debtors
PENGATURAN SANKSI PIDANA TERHADAP KORPORASI SEBAGAI PELAKU TINDAK PIDANA PERIKANAN BERDASARKAN UNDANG-UNDANG NOMOR 31 TAHUN 2004 JUNCTO UNDANG-UNDANG NOMOR 45 TAHUN 2009 TENTANG PERIKANAN Victor Silalahi; Mukhlis R; 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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Recognition of corporations as subjects in criminal offenses in the fishery sector is contained in Article 101 of Law Number 31 of 2004, Juncto of Law Number 45 of 2009 concerning Fisheries which states that, in the event that the criminal acts referred to in this law are carried out by corporations , criminal charges and penalties imposed on the management and criminal penalties plus 1/3 (one third) of the criminal sentences. In this law the criminal target is only aimed at the management only, while the corporation cannot be sentenced. Such an arrangement will cause many weaknesses, Logically, for certain cases where the profits derived by the company are so great and / or the losses incurred by the community are so great, the imposition of imprisonment / fines "only" to the management will be out of proportion. The type of research used by the author is normative legal research that examines the principles of law, namely the principle of strict liability. The type of data used in this study is to use secondary data, namely primary legal materials (the 1945 Constitution, Laws, Maritime Affairs and Fisheries Ministerial Regulations, Government Regulations), secondary data (books relating to research results, namely the regulation of sanctions crimes against corporations as perpetrators of fisheries crime, legal journals, and legal theory), and tertiary legal materials (legal dictionaries and the internet. From the results of this study it can be concluded that the imposition of criminal sanctions only on the management alone in a fishery crime committed by a corporation is ineffective and is not sufficient to provide a guarantee that the corporation will not repeat its actions in the future. This is because the sanctions in the fisheries law are not comparable with the actions carried out by the corporation, where if there is a criminal offense in the fishery sector carried out by the corporation it will result in losses for the community such as small fishermen as well as losses against the state. The author's suggestion, first should be in the fisheries law, against corporations as perpetrators of crime, criminal sanctions imposed on the corporation, not just its managers. secondly, lawmakers are expected to formulate a fisheries law whose material contains criminal sanctions against the corporation, not just the management.Keywords: Criminal Sanctions–Corporate–Criminal Act-Fisheries
PELAKSANAAN PERJANJIAN JUAL BELI TANDAN BUAH SEGAR KELAPA SAWIT ANTARA PT. SAWIT ASAHAN INDAH DENGAN SUPPLIER TBS EXTERNAL UD RIDHO MANDIRI Luthfi Syasnur Fadjar; Maryati Bachtiar; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

Cooperation is an agreement where a person first binds himself with another party according to the will of each of the parties, in which the agreement is valid as a law to both parties. In accordance with Article 1338 of the Civil Code paragraph (1), namely all agreements made legally is valid as law for those who make them. UD Ridho Mandiri and PT Sawit Asahan Indah are companies engaged in oil palm plantations that manufactures crude palm oil into oil to be marketed to the community and used as daily necessities. This research focuses on the sale and purchase agreement between PT Sawit Asahan Indah and UD Ridho Mandiri's external supplier partnership. The purpose of writing this thesis, namely: to find out the implementation of the FFB sale and purchase agreement between UD Ridho Mandiri and UD Ridho Mandiri, to find out the obstacles faced in the implementation of the sale and purchase agreement between UD Ridho Mandiri and PT Sawit Asahan Indah, and to define the legal consequences occurred in the implementation of the sale and purchase agreement between UD Ridho Mandiri and PT Sawit Asahan Indah. This research is conducted with sociological legal research methods by conducting legal identification of the effectiveness of the appilcation of law enforcement in society.From the research results, there are three main things that can be concluded: first, the implementation of the agreement between PT Sawit Asahan Indah and UD Ridho Mandiri, in which PT Sawit Asahan Indah comitted a wrongdoing (wanprestasi) against UD Ridho Mandiri.Second, the constraints faced in the implementation of the agreement, caused by flood and COVID-19. Third, the legal consequences of the wrongdoing comitted by PT Sawit Asahan Indah in thesale and purchase agreement with UD Ridho Mandiri.The author's suggestion in this research is that PT Sawit Asahan Indah as the first party must fulfill the agreement in the form of debt repayment to UD Ridho Mandiri as the second party. This is done in order to achieve the main purpose of making an agreement, where the agreement must be mutually beneficial to the parties. There needs to be self-awareness by the first party in order to carry out its good faith as soon as possible. With this good faith and honesty, it can make a problem that starts off complicated become a little lighter.Keywords: Agreement – Trade–Cooperation
TINJAUAN YURIDIS PENGAWASAN SARANA TAPPING BOX SEBAGAI WUJUD IMPLEMENTASI PERATURAN DAERAH NOMOR 6 TAHUN 2018 PERUBAHAN ATAS PERATURAN DAERAHNOMOR 6 TAHUN 2011 TENTANG PAJAK RESTORAN DI KOTA PEKANBARU Aulia Maharani; Emilda Firdaus; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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The implementation of restaurant tax is regulated in regional regulation No. 6 of 2018 amendment to regional regulation No. 6 of 2011 concerning restaurant tax in Pekanbaru city. In article 24 paragraph 1 it is mentioned in the supervision, the mayor or appointed official can determine personnel and or equipment, both manual and computerized systems in every restaurant tax object. Tapping box is a tool supporting the transparency of tax payments by restaurant taxpayers. But in the field there are still many business actors who do not pay taxes and do not know what and how to use tapping boxes. Therefore, it is necessary to study in a stimulant. First, the effectiveness of the use of obedience monitoring facilities for restaurant taxpayers in Pekanbaru City, second, obstacles in supervision conducted by the Pekanbaru City governmenton regional regulation number 6 year 2018 restaurant, Third, future supervision by the government Pekanbaru City against regional regulation number 6 of 2018 amendment to regional regulation no. 6 of 2011 regarding restaurant tax in Pekanbaru City.This research is a sociological legal research, because it is based on field research that is by collecting data from interview, questionnaires, and literature studies that discuss research that will help support primary, secondary and tertiary data. This study uses qualitative data analysis and produces descripitive data.From the result of the study, it was concluded that, first, the implementation of regional regulation number 6 of 2018 amendment to regional regulation number 6 of 2011 has not been running opyimally, has been carried out even distribution using tapping box in every restaurant, second, download the field talks Bapenda in the needs of taxpayers so, many businesses are paid in the form of taxes. Third, future improvements are in the form of socialization assistance, optimization of supervision and sanctions for non-compliant taxpayers. The authors suggestion is, first, to make effective use of the tapping box, second, to take advantage of the supervison of restaurant tax collection, third, are discussion of the effectiveness of the tapping box in the regional regulation specifically restaurant tax.Keywords: local regulation- controlling- restaurant tax
ANALISIS YURIDIS PERTANGGUNGJAWABAN PENGURUS TERHADAP ANGGOTA ATAS PENGELOLAAN KOPERASI SIMPAN PINJAM YANG DINYATAKAN PAILIT BERDASARKAN UNDANG-UNDANG NOMOR 25 TAHUN 1992 TENTANG PERKOPERASIAN DIKAITKAN DENGAN PRINSIP KEHATI-HATIAN Jhonson Datmalem Siahaan; Maryati Bachtiar; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Cooperatives are a form of cooperation in the economic field which is held on the basis of thesimilarity in the types of fulfillment of life needs. In accordance with the provisions contained in article16 of the Law of the Republic of Indonesia Number 25 of 1992 along with an explanation stated that"the type of cooperative is based on the similarity of activities and economic interests of its members".Basic To determine the type of cooperative is the similarity of activities, interests and economic needsof its members, such as among others savings and loan cooperatives (Credit Cooperatives).Cooperatives in the context of running a business, have administrators who are devices of cooperativesthat are domiciled as members of the meeting. The formation of administrators is chosen from and bycooperative members in a member meeting forum for savings and loan cooperatives. so that in this casethe management is the person entrusted with managing the savings and loan cooperative and at thesame time as a person who can be held accountable if the savings and loan cooperative is declaredbankrupt either because of its negligence or because of intent. so that in this case the management mustprioritize the principle of prudence in managing the savings and loan cooperativeThe purpose of this thesis is: first To find out the responsibility of the management of themembers for the management of savings and loan cooperatives declared bankrupt based on law number25 of 1992. second, to know the ideal responsibility by the management of members for themanagement of savings and loan cooperatives is associated with prudence be careful.This type ofresearch is normative legal research or also called doctrinal legal research and this research isdescriptive. using legal principles, the data sources used in this study are secondary data, namely dataobtained from the literature such as legal journals, books, judge's decisions relating to research. Dataanalysis is done qualitatively and deductively withdrawnFrom the results of this study there are two main problems that can be concluded, first, that,Putusan Nomor:06/Pdt.Sus, Pembatalan Perdamaian/2016/PN.Niaga.Jkt.Pst. Jo Nomor:11/PKPU/2014/PN.Niaga.Jkt.Pst, (in accordance with the provisions of Article 34 of the cooperativelaw). So that in the case of the decision the KCKGP management did not have good faith in carryingout the request for peace (Homologation) which in the application should have the opportunity to savethe cooperative so that it was not declared bankrupt by conducting the appropriate agreement, second,the manager's ideal accountability must carry out the precautionary principle to maintain cooperativehealth and the management must have a moral responsibility to compensate both the managementtogether in a joint manner or by giving personal property without imposing any rights on the membersof the cooperative, because in this matter is fully administered by people who are given responsibilityand trust in managing cooperatives.Keywords: Cooperatives, Management of Cooperatives, Bankruptcy and the Precautionary Principle
MEDIASI PENAL SEBAGAI ALTERNATIF PENYELESAIAN PERKARA PENCURIAN RINGAN DI KEPOLISIAN RESOR KOTA PAYAKUMBUH Ryanda Putra; Erdianto Effendi; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Minor criminal acts (Tipiring) are minor or non-hazardous criminal offenses that cover minor crimes written in the second book of the Criminal Code which consist of, light animal abuse, light abuse, minor abuse, minor theft, minor embezzlement, minor fraud, light damage and light storage. The Supreme Court has issued a Supreme Court Regulation Number 2 of 2012 concerning the Limitation of Light Crimes (Tipiring) and the Amount of Fines in the Criminal Code. Penal Mediation is an alternative solution to minor crimes.This type of research can be classified in the type of sociological legal research (empirical), because in this study the author immediately conducts research on the location or place under study to provide a complete and clear picture of the problem under study. This research was conducted at the Head of Payakumbuh City Police Investigator section, Payakumbuh City Police Investigator Section and Light Burglary Actors. The data sources used are primary data, and secondary data. Data collection techniques in this study were interviews, questionnaires, and literature review.The conclusion that can be obtained from the results of the research is that the Implementation of Penal Mediation as an alternative solution to the theft of light in the Payakumbuh City Police has been implemented but has not been fully implemented as an alternative solution to minor theft cases. Many considerations from investigators, one of which is a crime that disturbs the public. Although the value of the loss of a crime is very small. The implementation of Penal Mediation has also not been supported by the basis of regulations governing reason mediation so that investigators are still hesitant to implement it. The Penal Mediation implementation has also not been supported by the basis of regulations governing penal mediation so that investigators are still hesitant to implement it. The obstacles faced by Payakumbuh City Police in the implementation of penal mediation consist of constraints of law enforcement officials, legal factors and community factors. Legal factors, namely the provisions concerning the mechanism of investigation, have actually been regulated but there is no regulatory basis governing criminal mediation, especially in light of theft so that investigators are still hesitant to submit all cases of minor theft cases handled and citizens have not fully known and understand the applicable law related to the existence of reasoning mediation as an alternative solution to minor criminal cases.Keywords: Penal Mediation, Alternative Case Settlement, Mild Theft
ANALISIS PIDANA TAMBAHAN KEBIRI KIMIA DALAM UNDANGUNDANG NOMOR 17 TAHUN 2016 TENTANG PENETAPAN PERATURAN PEMERINTAH PENGGANTI UNDANGUNDANG NOMOR 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK BERDASARKAN PERSPEKTIF HAK ASASI MANUSIA Grace Tiur Esterella Silalahi; Mukhlis R; Adi Tiaraputri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Indonesian Criminal Law only recognizes two types of crimes, namely basic crimes andadditional crimes. Chemical castration is included in additional penalties in Indonesia which areregulated in Law Number 17 of 2016 concerning Stipulation of Government Regulations in Lieu ofLaw Number 23 of 2002 concerning Child Protection which provides weighting and additionalcriminal penalties for perpetrators of sexual violence against children as regulated in article 81paragraph 7 that "The perpetrators as intended in paragraphs (4) and (5) may be subject to chemicalcastration and the installation of electronic detectors. For example, the case of Muhammad Aris (21years) sexually abused 9 children in Modjokerto. Chemical castration has not been carried out becauseof rejection from the National Human Rights Commission (Komnas HAM) expressing its disapprovalbecause it is contrary to human rights as written in the 1945 Constitution of the Republic of IndonesiaArticle 28G paragraph 2 which reads "Everyone has the right to free from torture and treatmentdegrading human dignity ”. The purpose of this study is to determine additional criminal regulationsfor chemical castration in several countries, to find out additional criminal penalties for chemicalcastration in the perspective of human rights in Indonesia, and to find out normative alternativesolutions to the problem of chemical castration in Indonesia which are regulated in GovernmentRegulation Number 70 of 2020 concerning Tata How to Perform Chemical Castration.In this study the author focuses on normative legal research on comparison of law with thedata sources used are secondary data and data collection techniques for normative legal research usethe literature review method and use descriptive analysis which provides a description of the object ofresearch based on data obtained from the subject under study.From the research results, it can be concluded that there are several countries in the world thathave imposed chemical castration punishment but in practice it is still not effective. The imposition ofadditional chemical castration punishment aims to reduce the number of sexual crimes and provide adeterrent effect on perpetrators of sexual crimes against children. However, it is contrary to humanrights as written in the 1945 Constitution Article 28G paragraph 2. By providing additionalpunishment for chemical castration, imposing maximum imprisonment, fines and rehabilitation as wellas providing counseling guidance while in a correctional institution and conducting supervision whenthe convict is free. The author's suggestion is to all countries in the world that have imposed physicaland chemical castration penalties to be more selective in diagnosing what crimes the castrationpunishment can apply to. Also, law enforcers in imposing castration penalties should consider theperpetrators' human rights more and implement alternative solutions that have been made.Keywords: Additional Crime-Chemical Castration-Human Rights
IMPLEMENTASI PASAL 25 PERATURAN DAERAH NOMOR 08 TAHUN 2014 TENTANG PENGELOLAAN SAMPAH DI KOTA PEKANBARU
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Activities carried out by the people of Pekanbaru City will have an impact on the cleanliness of the environment, which is the beauty and comfort that is expected for people who live in the area. The result of this community activity is that more and more waste is generated from materials that are used up or materials that are no longer used, which come from household, industrial, and so on. The condition of waste facilities and infrastructure in Tampan District is still lacking because there are only TPS which are very few in number and are unable to accommodate all of the community's domestic waste.The Purpose of this research was to determine implementation of Local Regulation Number 8 of 2014 about recycling waste management in Pekanbaru, the factors that become the obstacle in adequate infrastructure and facilities in Pekanbaru and government’s effort to solve the problem of unavailability of waste management infrastructure and facilities in Pekanbaru.The type of this research used was Sociological Law research with field research techniques, interviews, and literature studies. This research was conducted in Pekanbaru. To obtain result of the research, the data obtained, both primary and secondary data are then analyzed using a qualitative approach which is further described. The results of this study concluded that the implementation of Local Regulation Number 08 of 2014 about recycling waste management in Pekanbaru through the implementation of waste management with a transport collection system, the Sustainable Development Goals Program (SDG), a program to increase the role of the community, the private sector and institutions basic education. The factors that become the obstacle in adequate infrastructure and facilities in Pekanbaru were the lack of a waste management budget, where financing in waste management carried out by the Department of Environment and Hygiene Pekanbaru were sourced from the APBD and user fees.Keywords: Implementation, Local Regulations, Management, Garbage
PENYELESAIAN SENGKETA TANAH DESA KOTO TUO KECAMATAN XII KOTO KAMPAR ANTARA KELOMPOK TANI OSANG JAYA DENGAN PT. SUMATERA AGRO TUNAS Teguh Risyan Putra; Maryati Bachtiar; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Land has a very close relationship with humans. The importance of the meaning of land for human life is because human life cannot be separated from the soil at all. The phenomenon of ulayat land disputes coming to the surface is largely the result of land acquisition for development purposes. One of the land dispute cases is the ulayat land dispute between the residents of the village of Koto Tuo, sub-district XIII, Koto Kampar and PT. Sumatra Agro Tunas.This type of research can be classified in the type of sociological law research (empirical), because in this study the author directly conducts research on the location or place under study in order to provide a complete and clear picture of the problem being studied. This research was conducted in the village of Koto Tuo, District XIII, Koto Kampar, which aims to find out how the implementation of the peace agreement between the Osang Jati farmer group and PT. Sumatra Agro Tunas while the population and sample are the Village Head of Koto Tuo, District XIII Koto Kampar, Ninik Mamak, District XIII Koto Kampar, Director of PT. Sumatra Agro Tunas and Head of the Osang Jaya Farmers Group. Sources of data used are primary data, and secondary data. Data collection techniques in this study were interviews, and literature review.The conclusions that can be obtained from the results of the study are First, Settlement of customary land disputes in the village of Koto Tuo, XIII district of Koto Kampar between the Osang Jati farmer group and PT. Sumatra Agro Tunas did not run well. PT. Sumatra Agro Tunas is not subject to the agreed points of agreement and does not carry out the agreed obligations. Second, the obstacle to resolving the customary land dispute in the village of Koto Tuo, District XIII, Koto Kampar, between the Osang Jati farmer group and PT. Sumatra Agro Tunas, among others, consists of not implementing the results of the agreement by PT. Sumatra Agro Tunas, Lack of authority of the Kampar district government and the lack of details on the position of the parties and Third, Efforts made in resolving ulayat land disputes in the village of Koto Tuo, subdistrict XIII, Koto Kampar, between the Osang Jati farmer group and PT. Sumatera Agro Tunas, among others, the Kampar district government, has mediated in resolving the conflict between the residents of Koto Tuo Village, XIII Koto Kampar District and PT. Sumatra Agro Tunas.Keywords: Settlement, Dispute, Communal Land
PEMBUKTIAN DAN PENUNTUTAN TINDAK PIDANA PERJUDIAN DENGAN MODUS GELANGGANG PERMAINAN DALAM PERSPEKTIF JAKSA SELAKU PENUNTUT UMUM DI KEJAKSAAN NEGERI PEKANBARU Azmi Ramadhan; Erdianto Effendi; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Gambling is one of the delicts which is troubling the public. In connection with that in Article 1 of Law Number 7 of 1974 concerning the Control of Gambling reads "Declaring all gambling crimes as crimes" approved all acts of gambling crimes as crimes. But in the Criminal Code gambling has been regulated in article 303 paragraphs 1 to 3 of Law Number 27 of 1999 concerning Amendment to the Criminal Code relating to security of the State's security.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. The research was conducted at the Pekanbaru District Attorney's Office, while the population and sample were the Head of the General Crimes Section, the Head of the Prosecution Sub-Section, Gambling Criminals and Surrounding Communities. Data sources used are primary data and secondary data. Data collection techniques in this study were interviews and literature review.The conclusions that can be obtained from the results of the study are the First, Proof and Prosecution Efforts of Gambling Criminal Acts Using the Game Arena Mode by the Public Prosecutor in the Pekanbaru District Attorney, namely the prosecutor first describes the issues and offenses relating, whether the offender is a business actor or individual to be bright in the field of proof. Secondly, Constraints and Efforts to Overcome Obstacles in Proving and Prosecuting Gambling Crimes with the Game Arena Mode in the Pekanbaru District Attorney's Office namely there are 4 factors related to gambling. Third, the Prosecutor's Step at the Pekanbaru District Attorney's Office Against the Development of Crimes Using Technology Tools, Especially in Gambling Crimes namely there are 4 things both inside and outside the court.Keywords: Gambling, Criminal Acts, Technology, Game Venues, Proof, Prosecution.

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