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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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KEBIJAKAN HUKUM PIDANA DALAM PENYELESAIAN TINDAK PIDANA RINGAN YANG DILAKUKAN OLEH LANSIA MELALUI PENDEKATAN RESTORATIVE JUSTICE Ramadatul Fajri; Davit Rahmadan; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Nowadays, the perpetrators of criminal offense come from various circles,one of which is carried out by people who are elderly, according to existingregulations, the elderly are included in the vulnerable category which is entitledto more treatment and protection with respect to their specificity, but in practicein positive law In Indonesia, there are no rules governing the protection of theelderly who are in conflict with the law, before the law the elderly are stillequalized with perpetrators of criminal offense of productive age. In theimplementation of law enforcement against perpetrators of criminal offense of theelderly, it is still necessary to review the problem of law enforcement and effortsto resolve criminal offense, restorative justice in terms of acting as a media thatbridges the settlement of criminal offense by approaching or mediating betweenperpetrators and victims.The purpose of this study are: first, to determine legal policy towards theelderly, second, to determine the arrangements for efforts to resolve criminal actsby the elderly through a restorative justice approach. This type of research can beclassified as normative research or better known as "legal research". Thisnormative research uses a type of legal systematic research conducted byexamining library materials or secondary data. The main purpose is to identifythe main meanings or legal basisThe results of the research, there are two main things that can beconcluded, firstly that there is no regulation in positive law in Indonesia thatexplains how to implement the protection and application of the elderly who arein conflict with the law, so that policies that favor the protection of the elderlywho are in conflict with the law are needed, secondly Restorative justice takes therole of a mediator who is able to provide an agreement between the two parties.The perpetrators of criminal acts, in this case the elderly, have the opportunity toget legal remedies which do not require the perpetrators to get imprisonment butcan be replaced with criminal compensation or fines.Keywords: Elderly – Policy – Restorative Justice
ANALISIS YURIDIS TERHADAP PERTIMBANGAN HAKIM DALAM MENENTUKAN BERAT RINGANNYA PIDANA DALAM TINDAK PIDANA PENGANIAYAAN YANG MENGAKIBATKAN KEMATIAN (STUDI KASUS PUTUSAN NOMOR 373/PID.B/2020/PN.PDG) Husnul Khotimah; Mukhlis R; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The main problem in this study is how the judge's consideration in making a decision onthe criminal act of persecution that resulted in death in the decisionNumber.373/Pid.B/2020/Pn.Pdg. The purpose of this thesis is first, to find out the suitability ofthe judge's considerations which declared the defendant guilty of committing a criminal act ofpersecution that resulted in death with the actions that the defendant did in the decision Number373/Pid.B/2020/Pn.Pdg. Second, furthermore, to find out the suitability of the criminalimposition by the judge in case Number. 373/Pid.B/2020/Pn.Pdg in terms of the purpose ofpunishment.This study uses a normative juridical approach, in this study focused on the study of legalprinciples, especially on the principle of justice in Case Number 373/Pid.B/2020/Pn.Pdg. theapproach taken is to use descriptive qualitative analysis techniques, in data collection used themethod of literature review. The data sources used are primary and secondary legal materials.The conclusions obtained from the results of the study are first, the judge's considerationin the decision Number 373/Pid.B/2020/Pn.Pdg is not in accordance with the actions that thedefendant did. The judge did not consider the non-juridical aspects of the defendant, and theelements in Article 8 paragraph (2) No 48 of 2009 concerning Judicial Power and the elementsof Article 48 and Article 49 of the Criminal Code, especially the element of self-defense, thejudge also did not consider the position of the accused at that time as a security guard whocarried out his duties. Second, the judge's decision (case study Number 373/Pid.B/2020/Pn.Pdg)is not in accordance with the purpose of sentencing, the decision is contrary to the purpose ofsentencing, the defendant cannot be said to be a criminal and the defendant's actions cannot besaid to be a bad act. so that there is no reason or purpose of sentencing that can justify theconviction of the defendant.Keywords: Consideration- Judge- Heavy- Lightness-Criminal
PENERAPAN RESTORATIVE JUSTICE TERHADAP PELAKU TINDAK PIDANA PEMBAKARAN HUTAN DI WILAYAH HUKUM KABUPATEN PELALAWAN Robet Chandro Wijaya Sibuea; Zulfikar Jayakusuma; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Forest is an ecosystem unit in the form of a large expanse of landcontaining biological natural resources which are dominated by trees in theirnatural environment which cannot be separated from one another. Forest andland fires are natural disasters that often occur in Indonesia, especially duringthe dry season. These fires cause enormous environmental damage, economiclosses, and social problems. In fact, large forest and land fires result indevastating haze impacts beyond state administrative boundaries (transnationaldisasters). The regulation of lightly motivated criminal acts is a crime regulatedin the Criminal Code (KUHP) as well as in other laws and regulations, but thedifference must be seen from the background of the perpetrator, the motives andconsequences of the crime not to cause disturbing losses. in society, but thepractice of law enforcement disturbs the sense of justice a lot, because it isresolved through a court trial process which is actually not necessary or can bepursued by a process outside the court, by prioritizing peace by deliberation toreach consensus is an integral mechanism in people's lives in Indonesia, namelythe Restorative Justice path. Law enforcement against forest fires in PelalawanRegency, Riau Province based on Law Number 41 of 1999 concerning Forestryhas not been implemented as expected. Although everyone is prohibited fromburning forests, it turns out that every year forest fires routinely occur inPelalawan Regency, but there are still many land arsonists who do not get justicein the punishment they get. The type of research used by the author is sociologicallegal research, namely research that examines the legal aspect by looking at theapplicable legislation and comparing it with its implementation in the field bymeans of a survey.Keywords: Justice, Restorative justice, Forest Fire
TINJAUAN YURIDIS TERHADAP TERJADINYA PENEMBAKAN PADA TAHAP PEMERIKSAAN KASUS TINDAK PIDANA TERORISME DIKAITKAN DENGAN ASAS PRADUGA TIDAK BERSALAH Rafiqah Darwin; Erdianto Effendi; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The principle of the presumption of innocence in the criminal procedure lawin effect in our country contains two purposes. First, to provide protection andguarantees for a human being who has been accused of committing a criminal actduring the case examination process so that his human rights are not raped.Second, to provide guidelines for officers to limit their actions in carrying out anexamination because it is a human being who has the same dignity and dignity asthe person conducting the examination.This type of research is normative juridical research. In this research, theresearcher discusses legal principles, namely the principle of the Presumption ofInnocence, which is the principle in which a person is considered innocent until acourt decision finds him guilty.The conclusions that can be obtained from the results of the research arefirst, actions taken by the police against the occurrence of shootings at the stageof investigating cases of criminal acts of terrorism according to the regulation ofthe National Police Chief and Police Chief, which is the Chief of PoliceRegulation Number 8 of 2009 concerning the Implementation of Human RightsPrinciples and Standards in Carrying Out Police Duties. The Republic ofIndonesia states that the use of firearms can only be used to protect human life.Then this contradicts the Standard operational procedure (SOP) for the use offirearms issued by the Police Criminal Investigation Unit. Second, the LegalImpact on Shootings at the Investigation Stage of Criminal Acts of TerrorismLinked to the Presumption of Innocence, it means the suspect is not necessarilyguilty. Because the right to declare someone guilty is only a court with a decisionthrough a valid legal process. The act was also carried out not in a state of forceddefense, even though the suspect also has the right not to be deprived of hisliberty, except in very special cases. Meanwhile, extrajudicial killings are carriedout not in a state of forced defense and there are also no laws and regulations thatjustify extrajudicial killings even though these acts are committed againstsuspected criminal acts of terrorism, which are included as extraordinary crimes.Keywords: Crime, Terrorism, Presumption of Innocence, Police.
PELAKSANAAN RESTRUKTURISASI KREDIT PADA MASA PANDEMI COVID-19 PADA BANK RAKYAT INDONESIA UNIT BUKIT BARISAN IMAM MUNANDAR PEKANBARU RIAU. Fania Hanisa Sundjaya; Mardalena Hanifah; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The covid-19 pandemic in Indonesia has had many impact. One of them isin the health sector in Indonesia and then in the economic sector in Indonesia.One of the institutions affected by the Covid-19 pandemic is PT. Bank RakyatIndonesia, Tbk. According to it’s use, the bank distributes funds to the public inthe form of credit, the bank provides credit facilities. Although the analysis hasbeen carried out, there is no credit facility without risk. If the bank in providingcredit has seen a non performing loan, the bank must try to save the credit. In thiscase, PT. Bank Rakyat Indonesia, Tbk seeks to be able to relaunch bad loans, sothat the recipient of the credit has the ability to repay both interest and credit. Theimplementation of credit restructuring in accordance with POJK number11/POJK.03/2020 can be given to debtors affected by the spread of Covid-19,including UMKM debtors.This research is uses empirical sociological research methods, becausethe author directly conducts research at the research site to provide a completeand clear picture of the problem under study. This research was conducted in PT.Bank Rakyat Indonesia, Tbk Unit Bukit Barisan Imam Munandar PekanbaruRiau, while the population and sample are all parties, namely the bank Mr. AdiSaputra, the OJK as the policy maker, one of them Mr. Yamin, and the customer isMr. Handoko. The data sources used are primary data, secondary data, andtertiary data. The data collection techniques in this study was structuredinterviews in the form of directly with the parties involved in the implementationof credit restructuring during the Covid-19 pandemic.The result of this study there are several things that can be concluded.First, the implementation of credit restructuring during the Covid-19 pandemic atPT. Bank Rakyat Indonesia, Tbk was carried out with a type of term extension,namely interest payments only and delays in principal receivables. Second,obstacles in the implementation of credit restructuring, namely in the negotiationprocess where customers are not cooperative and the bank’s movement is limitedin conducting customer checking processes.Keywords : Credit restructuring, Pandemic period
PENYIDIKAN TINDAK PIDANA PENGGELAPAN BARANG JAMINAN FIDUSIA DI WILAYAH HUKUM POLRESTA PEKANBARU Ilham Yudha Kurniawan; Maryati Bachtiar; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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Abstract

The crime of embezzlement of fiduciary collateral often occurs inIndonesia, especially the city of Pekanbaru. Meanwhile, fiduciary guarantees as aform of engagement regulated in Law Number 42 of 1999 concerning FiduciaryGuarantees are routine activities in lending transactions because the loadingprocess is considered simple, easy and fast. Fiduciary is the transfer of ownershiprights to an object on the basis of trust provided that the object whose ownershiprights are transferred remains in the control of the owner of the object. The rise ofembezzlement crimes against fiduciary guarantees cannot be separated from therole of law enforcement, including at the level of the investigation process. Themain problem in this study is the lack of security for creditors who pledge theirvaluables to debtors. In this study, the authors wanted to know how theinvestigation process was carried out by the Pekanbaru Police and wanted to findout what obstacles occurred in the investigation process against the crime ofembezzlement of fiduciary guarantees in the city of Pekanbaru.This type of research can be classified in the type of Sociological researchbecause in this study the author directly conducts research at the location orplace under study in order to provide a complete and clear picture of the problembeing studied. This research is sourced from primary data, secondary data andtertiary data, while the population and sample are the Pekanbaru Policeinvestigators who handle cases of embezzlement of fiduciary guarantees in thePekanbaru Police jurisdiction.The results of the study indicate that in terms of the investigation process,it turns out that the Pekanbaru Police are not optimal in carrying out lawenforcement as evidenced by the 20 cases that have been submitted from 2018 to2022, only 5 cases have been sentenced to court while 15 cases have beeninvestigated, this is due to the investigation process. What is done tends to chargethe reporter to prove his report without any effort or the role of law enforcementis passive while in criminal law the investigator has the authority to activelyprove a criminal act.Keywords: Crime – Embezzlement – Fiduciary
ANALISIS YURIDIS TENTANG PERLINDUNGAN HUKUM TERHADAP HEWAN PADA TINDAK PIDANA ANIMAL ABUSE DI INDONESIA Tirza Bonita; Erdianto Effendi; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Animal abuse has recently emerged and has gone viral on social media.The high number of abandoned animals also affects the number of cases of animalabuse. The factor of the Indonesian population who also does not understandabout animal cruelty makes animal abuse often occur. Many regulations relatedto animal protection are currently unknown to the public and even lawenforcement officials themselves. Weak punishment for animal abuse in theCriminal Code is an obstacle in protecting the animals around us. Therefore,legal protection for animals in the crime of animal abuse is needed to reform toenforce the law and protect the existence of animals from human evil treatment ofanimals considering that animals are also living creatures that do not deserve tobe hurt.This type of research is normative juridical research, namely researchconducted by examining literature discussions with secondary data sourcesconsisting of primary legal materials in the form of laws and regulations,secondary legal materials from legal books, and tertiary legal materials in theform of dictionaries. Then the data were analyzed qualitatively, namely analyzingthe data descriptively obtained from secondary data.From the results of the study it was concluded that, first, the legalregulation of animal protection in Indonesia uses Law Number 41 of 2014concerning Animal Husbandry and Animal Health, amendments to Law Number18 of 2009 concerning Animal Husbandry and Health, Government RegulationNumber 95 of 2012 concerning Animal Husbandry and Animal Health. VeterinaryPublic Health and Animal Welfare and the Criminal Code. Article 302 forimposing punishment on perpetrators of criminal acts of animal abuse is Article302, which has a weak sentence and the sanctions do not provide a deterrenteffect to perpetrators of criminal acts of animal abuse. Second, the urgency ofrenewing regulations to protect animals from criminal acts of abuse is needed, toprotect animals from persecution and until now new rules regarding animalprotection are currently contained in the RKUHP which it is not yet known whenit will be ratified.Keywords: Analysis-Legal Protection-Animal-Criminal-Abuse
PELAKSANAAN PERJANJIAN PEMBIAYAAN MULTIGUNA PADA PT. MITRA PINASTHIKA MUSTIKA FINANCE (MPM) PEKANBARU Wan Rahmatullah Ramadhan; Firdaus Firdaus; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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Abstract

The high public need for consumptive goods and the need for funds(multipurpose) is characterized by limited ability or purchasing power incash/cash, making consumer finance institutions the preferred choice of thecommunity, thus making consumer finance institutions (consumer finance) haveshown an active role in supporting the economy and business in Indonesia. PT.Mitra Pinastika Musthika Finance Pekanbaru Branch, is a finance company thatcarries out its business activities in the field of consumer finance, which focuses onfinancing new motorcycles and used motorcycles, also provides loan funds withmotorcycle guarantees from debtors known as multipurpose financing, thepayment of which is done in installments or periodically by consumers.The purpose of this study was to determine and understand theimplementation of consumer financing agreements at PT. Mitra PinastikaMusthika Finance Pekanbaru Branch, as well as solving problems that arise ifthere is a default by the debtor in the implementation of the consumer financingagreement.In this study, empirical/sociological juridical methods were used. surveybecause the author went directly to the research location to get primary data,which was then analyzed descriptively, which prioritizes observations(observations) on the actual symptoms of events.The results of the study provide an overview of the consumer financingagreement, especially multipurpose, which is a debt agreement between PT. MitraPinastika Musthika Finance Pekanbaru Branch, and the consumer, the delivery oftheir belongings in this case the motorcycle BPKB and other documents ascollateral, the delivery of collateral is carried out based on trust. Consumerfinancing agreements are made in written form using standard agreements.Delayed installment payments are the debtor's obligation not because of thedebtor's intention to delay installment payments, but the debtor dies during thecontract period, leaving 3 (three) installment obligations. To terminate aproblematic contract is taken by way of deliberation to reach consensus.It can be concluded that consumer finance institutions are an alternative toobtain loan funds and other necessities, with the death of the debtor during thecontract period is categorized as an act of default.Keywords: Multipurpose Consumer Financing, Default
PERTIMBANGAN HAKIM DALAM MENERAPKAN ALAT BUKTI PETUNJUK DALAM MENJATUHKAN VONIS HUKUMAN PADA TINDAK PIDANA PERTAMBANGAN EMAS ILEGAL DI KABUPATEN KUANTAN SINGINGI Nanda Efrialis; Davit Rahmadan; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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Abstract

Based on the author's observations in the field, it can be seen that in the illegalgold mining area there are former mining excavations in the form of small lakes filledwith yellow-brown water, beside the holes are piled hundreds of cubic stones mixedwith sand from mining residue, while the trees around it looks dry. The law explainsthat the minimum prison term for activities related to the environment is one year, sothat according to the author's assumption, the application of threats in one of thesample cases is less effective. Law enforcement is the efforts taken by the government oran authority to ensure the achievement of a sense of justice and order in society byusing several devices or tools of power, both in the form of laws, to law enforcersincluding the police, judges, prosecutors, and others. lawyer.When viewed from the type, this research is classified as sociological legalresearch, namely research obtained directly from the community or primary dataresearch. The data collection method in this research is the documentation method. Tocollect the data referred to above, the following techniques were used: Libraryresearch. This is done by searching, recordifng, taking inventory, studying data in theform of library materials, and analyzing these data. Observation is a complex process,a process composed of various biological and psychological processes. Observationcan also be said as a method carried out by direct observation of the object of research.From the results of the research and discussion of considerations adjusted toArticle 158 of the Law of the Republic of Indonesia Number 3 of 2020 concerningAmendments to Law Number 4 of 2009 concerning Minerals and Coal in conjunctionwith Article 55 paragraph (1) 1 of the Criminal Code, the elements of the panel ofjudges are considering Not “everyone”, Not “who conducts mining without a permit”,Who commits, orders to do, or participates in carrying out actions. The obstaclesencountered in the application of the evidence guide for judges in passing a criminaldecision on illegal gold mining in Kuantan Singingi Regency consisted of theperpetrators not recognizing the evidence and the difficulty of evacuating the evidence.Keywords: Criminal, Judge's Consideration, and Illegal Gold Mining
AKIBAT HUKUM TERHADAP PERKAWINAN DARI LAKI-LAKI YANG MENIKAHI DUA PEREMPUAN SECARA BERSAMAAN Risti Febiawati; Mardalena Hanifah; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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Abstract

Marriage has a very important position in social life. In Indonesia, there are four laws thatregulate marriage issues, namely the Civil Code, the Marriage Law, the Compilation of Islamic Law andIslamic Law, stipulating the reasons for allowing polygamy. But in reality, there are cases of marriages ofmen marrying two women simultaneously without fulfilling the terms and conditions that have been set.The purpose of this thesis is to find out the legal consequences of the marriage of a man who marries twowomen at the same time. Second, to find out the legal position of the marriage of a man who marries twowomen simultaneously according to the Marriage Law, Compilation of Islamic Law, Civil Code andIslamic Law.This type of research is classified in the type of normative juridical research using literaturereview. Namely by making a legal comparison between the Marriage Law, Compilation of Islamic Law,Civil Code, and Islamic Law, the approach is carried out using a qualitative analysis approach bylooking for data in books, journals and other scientific works related to this research. The data sourcesused are secondary data covering primary and secondary legal materials.The conclusions obtained from the results of the study are first , the legal position of marriagefor men who marry two women simultaneously in the Marriage Law and the Compilation of Islamic Lawdoes not exist, this is because this marriage is included in sirri polygamy. The position of marriagesimultaneously in Islamic law since the marriage contract is held, the position of husband and wives is thesame. Second, the legal consequences of marriages of men who marry two women simultaneously in theMarriage Law and the Compilation of Islamic Law is an illegitimate marriage so that it does not causelegal consequences. The Civil Code adheres to the principle of monogamy so that if a polygamousmarriage occurs, Article 279 of the Criminal Code will apply. According to Islamic law, this concurrentmarriage is a legal marriage and is allowed by religion.Keywords: Marriage–Polygamy–Marriage Simultaneously

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