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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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ANALISIS YURIDIS PERLINDUNGAN PENGUNGSI DI JALUR BALKAN PADA MASA PANDEMI COVID-19 PASCA KEBIJAKAN PENOLAKAN PENGUNGSI OLEH KROASIA Muhammad Rusdiansyah; Zulfikar Jayakusuma; Evi Deliana HZ
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

At the end of 2020 the DRC (Denish Refugee Council) issued a reportthat the Croatian border security had taken action against refugees. Theuncontrolled condition of Covid-19 is the reason Croatia has refused the entryof refugees. As a participating country in The Convention Relating to theStatus of Refugees 1951, Croatia has an obligation to comply with existingregulations, including the prohibition against turning away refugees asstipulated in Article 33 paragraph 1. However, the Covid-19 pandemic hascaused Croatia to reject the entry of refugees. This has an impact on theresponsibility of providing protection to refugeesThe type of this research is normative research using literature studiesin searching for data. This research is descriptive by using the existing rulessynchronization method. In this study using qualitative methods in analyzingthe data that has been collected by the author. The data used is secondary datain the form of codified rules.The results of this study explain that the responsibility to provideprotection for refugees has changed to become the responsibility of UNHCR.This is because the condition of Covid-19 in Croatia has an impact onCroatia's inability to carry out its obligations as a participating country to the1951 Convention. The form of protection that can be provided to refugees isin the form of implementing the UNHCR program, namely Human Assistanceto protect refugees in the Balkans. the author's suggestion, namely theimplementation and implementation of the UNHCR mandate to protectrefugees, and the increase in cooperation between countries through theBalkan route and also UNHCR in implementing human assistance programsto protect refugees during the Covid-19 pandemic.Keywords: Croatia, Refugee, Covid-19
PELAKSANAAN PELAYANAN KESEHATAN RUMAH SAKIT UMUM DAERAH KOTA DUMAI BERDASARKAN UNDANG-UNDANG NOMOR 25 TAHUN 2009 TENTANG PELAYANAN PUBLIK DI MASA PANDEMI VIRUS COVID-19 Fikri Saputra; Dessy Artina; Muhammad A. Rauf
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

Health is a state of well-being of the body, soul and social life that enables sociallyand economically productive life. The law also regulates health services for its citizens,where Indonesia is currently facing several population health problems that still needserious attention from all parties because the impact will affect the quality of Indonesiain the future. The purpose of writing this thesis, namely; First, to find out theimplementation of health services at the Dumai City Hospital during the Covid-19period based on Law Number 25 of 2009 concerning Public Services, Second, to findout what are the obstacles and conveniences in carrying out Law Number 25 of 2009concerning Public Services in Services the health of the Dumai City Hospital during theCovid-19 period.This type of research is sociological juridical. The data sources used are primarydata and secondary data consisting of primary legal materials, secondary legalmaterials, and tertiary legal materials. Data collection techniques in this study usedobservation, interviews, and literature review. After the data is collected then analyzedto draw conclusions.From the results of the study it was concluded that: First, health services inhandling patients during the Covid-19 pandemic at the Dumai City General Hospitaldid not fully meet service standards according to Law Number 25 of 2009 concerningPublic Services. So it can be concluded that the services provided by the DumaiRegional General Hospital are still not good. Second, obstacles in the implementationof health services in handling patients during the Covid-19 pandemic at the Dumai CityGeneral Hospital, when viewed from indicators of the effectiveness of public serviceshave not been fully maximized, because there are several deficiencies such as: lack ofparking space, lack of rooms and beds for inpatients, lack of medical equipment, lack ofdoctors and nurses, lack of ambulances, lack of human resources in providing servicesin the laboratory department. Author's suggestion, First, Dumai City Regional GeneralHospital is a health center in Dumai City, it is hoped that nurses when providingservices will be more responsive, provide faster services to patients, provide facilitiesthat are still lacking, provide doctors, and provide more services. friendly towardspatients when providing services so that patients feel comfortable and satisfied whenreceiving services to patients. Second, efforts need to be made in order to improvehealth services at the Dumai City General Hospital by increasing the professionalquality of medical personnel, adding vehicle units from ambulances and others,laboratory services need to add medical personnel, and add doctors.Keywords: Health Services-Monitoring-Covid-19 Virus Pandemic
PERAN INDONESIA, MALAYSIA DAN SINGAPURA DALAM KESELAMATAN PELAYARAN DI SELAT MALAKA SEBAGAI SELAT INTERNASIONAL Chylsia Felyaross Lasambouw; Evi Deliana; 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

The use of the sea in state life by countries around the world is regulatedby the United Nations Convention on the Law of the Sea 1982 (United NationsConvention on the Law of the Sea of 1982, abbreviated as UNCLOS 1982). One ofthe sea water areas that is the scope of the regulation by UNCLOS 1982 is thestrait used as an international shipping lane, the Strait of Malacca is one of them.As one of the busiest straits used as a shipping lane for international trade, theStrait of Malacca is seen as still having a lack of shipping security by shipownercountries that always sail through the Strait of Malacca, including Japan, and theUnited States. Based on geographical facts, the Strait of Malacca is part ofIndonesia, Malaysia and Singapura.This research is carried out based on the normative-juridical type ofresearch which means research conducted on legal principles that are dotted withthe provisions of written law and first identify the provisions contained in certainlaws. In this study, the data sources used are secondary data with primary,secondary and tertiary legal sources based on literature studies.From the results of research on this issue it can be concluded thatUNCLOS 1982 recognizes the right of archipelagic states (the concept of thesovereignty of archipelagic states) to draw a straight baseline of islandsconnecting the outermost points of the outer islands and this has been recognizedinternationally, which means that the exercise of sovereignty or jurisdiction ofstates bordering the strait is carried out in accordance with the provisions in thissection (part III of UNCLOS 1982) and other international legal regulations. Inaccordance with what has been proven above that the geographical position ofthe Strait of Malacca which is located in the area of Indonesia, Malaysia andSingapore where the provisions regarding the legal status for the waters that arethe straits used for international shipping we can see that as a coastal state overthe strait used for international shipping this must be in accordance with itsregulations based on the rights and jurisdiction of the coastal state and the rightsand freedoms of the country.Keywords : Strait of Malacca - International Law - UNCLOS 1982International Navigation
PERTANGGUNG JAWABAN PEMILIK HEWAN PELIHARAAN ANJING YANG MELUKAI ATAU MEMBAHAYAKAN JIWA ORANG LAIN Yuri Prayoga A.; Erdianto Effendi; 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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Criminal law recognizes the principle of criminal responsibility. Ideally, regulationsthat uphold justice are not only burdensome to one party, be it the perpetrator or the victim.In this study, there are two main issues: First, what is criminal liability for dog owners whoendanger the lives of other people, second, what are the specific standards and ideas forappropriate sanctions for the future related to the problem of keeping dogs in the future.The objectives of this minithesis are: First, to solve the problem of criminal liabilityfor dog owners who endanger other people's lives. Second, To find specific standard answersand appropriate sanction ideas related to dog rearing problems in the future. The authorconducted research using normative juridical methods or literature studies.From the research results there are two main things that can be concluded. First, thecriminal liability of dog pet owners who endanger the lives of other people. In criminal law,the liability of pet owners who endanger the lives of others uses the rules on negligence.Whoever because of his fault (negligence) causes another person to die, shall be punished bya maximum imprisonment of five years or a maximum light imprisonment of one year. Second,specific standards and appropriate sanction ideas for the future related to keeping dogs in thefuture. Because there are no specific regulations related to keeping dogs, special standardsfor keeping dogs must be formulated, namely dog keeping permits, cages that are largeenough, chain ties according to the size of the pet dog, adequate and good care and feeding.Furthermore, the idea of the right sanction for the future in the case of a pet dog that killsanother person depends on the consequences caused by the dog. We also see the over capacityfactor of prisons in Indonesia. So the sanction does not have to be just imprisonment. Can bereplaced with a fine or imprisonment.The author's suggestion in this study, suggests the importance of socialization by theauthorities regarding the maintenance of good and correct dog pets in society. As we know,many Indonesian people are interested in keeping dangerous animals. Especially dogs as pets.Must remind each other in living everyday life. If there are our neighbors who keep dogs anddo not implement a security system that guarantees the safety of the owner and neighborsaround the house. Suggested that there is a need for special arrangements regarding themaintenance of dog pets in Law no. 41 of 2014 changes to Law no. 18 of 2009 concerningAnimal Husbandry and Health. Because there are no specific rules governing the maintenanceof dogs.Keywords: Criminal Liability-Pet Dogs-Special Standar
PELAKSANAAN PENYALURAN WAKAF UANG DALAM UPAYA PEMBERDAYAAN EKONOMI MASYARAKAT PADA BADAN WAKAF INDONESIA PERWAKILAN PROVINSI RIAU Derisma Wulandari; Mardalena Hanifah; Rahmad Hendra
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

Cash waqf is a legal act of waqf by separating or donating a portion ofone's money to be used for a specified period of time or forever in accordancewith the interests of the waqif used for the purposes of worship or welfare of thepeople according to Sharia law. In its implementation, there was a delay in thedistribution of cash waqf funds raised to be used to improve the welfare of thepeople. Currently, the Indonesian Waqf Agency (BWI) representative for Riauprovince is facing difficulties in managing and introducing cash waqf to thepublic. The community does not see the real results of cash waqf and does notunderstand the concept and existence of cash waqf, even though cash waqf has thepotential to improve people's well-being. The aim of writing this thesis is firstly tofind out the implementation of cash waqf distribution in an effort to strengthen thepeople's economy at the BWI representative of Riau province, secondly to find outthe obstacles and efforts in the implementation of cash waqf distribution in aneffort to strengthen the people's economy at BWI Representative of Riau Province.This research is classified as empirical legal research, namely researchinto the effectiveness of law, how law functions in society. This study wasconducted at the BWI Representative Office of Riau Province, while thepopulation and sample were waqf and waqf management and developmentdivisions related to the issues studied in this study, the data sources used wereprimary data and secondary data, data collection techniques in this studyconsisted of interviews and literature review, after the data were collected andthen analyzed to draw conclusions.The results of the investigation can be concluded: First, the BWIrepresentative of Riau Province is still in the fundraising stage and has beendeposited with the Sharia Financial Institution Receiving Money Waqf. Second,Cash waqf cannot be distributed because there is no Sharia Guarantee Institutionas guarantor or supervisor over the principal amount of the waqf to be managed.Efforts made are the existence of a governor's circular. The author's suggestionis, first, that BWI immediately distributes the benefits of cash waqf. Second, thereare regulations regarding the procedures for managing and developing cash waqffrom the Sharia Guarantee Institution's side.Keywords: Implementation - Cash Waqf - Public Welfare
PENATAAN KEWENANGAN MENTERI BADAN USAHA MILIK NEGARA DALAM PENETAPAN KOMISARIS BADAN USAHA MILIK NEGARA suhela arnis; Dessy Artina; Meriza Elpha Darnia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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Abstract

As a rule of law based on the values of Pancasila and the 1945 Constitution ofthe Republic of Indonesia, State-Owned Enterprises (BUMN) as part of separated stateassets are in order to carry out the function of state prosperity and welfare by using theconcept of a welfare state approach. which is mandated by the Constitution Article 33Paragraph (2) and Paragraph (3) of the 1945 Constitution. With the very vital role ofcommissioners in the company, the non-optimization of the board of commissioners inthe BUMN structure will indirectly reduce the quality of BUMN in achieving BUMNgoals.With the phenomenon of multiple positions, the appointment of ex-convicts incorruption cases as commissioners of BUMN, and the determination of BUMNcommissioners from non-professional circles suspected of being politically appointed,show and the need for structuring the authority of the BUMN minister in determiningthe appointment of BUMN commissioners.This research was conducted with the type of normative juridical research,namely research carried out by examining secondary legal materials or research basedon standardized rules that have been recorded which is also called, with doctrinalresearch or library research.Research results, The first is the authority of the Minister of BUMN inassigning commissioners to BUMN which is attributive (original). The second isthe need for the role of the state in carrying out government functions in structuring theauthority of the Minister of BUMN in determining BUMN commissioners andstrengthening the principles of good corporate governance. Suggestions from theauthorFirst, it is expected that the Minister of BUMN will appoint a BUMNcommissioner based on the criteria has been determined. Second, according to theauthor,According to the author, the requirements and procedures for appointingand dismissing members of the BUMN board of commissioners must be regulatedin the form of a law so that these rules are more binding,and the government actiontaken by the BUMN minister to appoint a BUMN commissioner must be seen asagoverment action so that it remains the object of supervision of the House ofRepresentatives (DPR).Keywords :Authority, Minister, Commissioner and State-owned enterprises
PENEGAKAN HUKUM TERHADAP PENGGUNAAN SENJATA API RAKITAN DI WILAYAH HUKUM KEPOLISIAN RESOR KOTA PEKANBARU Yosua Novfryan Nainggolan; Evi Deliana; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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Abstract

Assembled firearms are also called small arms because they are replicas and are assembled followingthe patterns of standard combat firearms, which are produced by illegal "home-made" gun manufacturingfactories by the public. With the ownership of homemade firearms by civil society, law enforcement must becarried out against anyone who violates the law according to applicable regulations, namely the EmergencyLaw of the Republic of Indonesia Number 12 of 1951. In this case, the Pekanbaru City Police plays the roleof law enforcer. In the 2017-2021 period, cases of the use of homemade firearms are still common, andthere are also cases that have not been resolved. The purpose of writing this thesis, namely; First, knowingthe law enforcement against the use of homemade firearms in the jurisdiction of the Pekanbaru City Police.Second, obstacles in law enforcement against the use of home-made firearms in the jurisdiction of thePekanbaru City Police. Third, efforts to overcome the use of homemade firearms in the jurisdiction of thePekanbaru City Police.This type of research is sociological legal research, namely research that seeks a correlation betweenlaw and society. This research is descriptive, that is, the researcher tries to provide an overview of the casesunder study.The results of this study are that the misuse of homemade firearms still often occurs in the community.The Pekanbaru City Police have implemented preventive and repressive law enforcement, although thereare still internal obstacles such as a lack of information by the police, as well as external obstacles such asa lack of community participation.Keywords : Homemade Firearms – Police – Public
KEBIJAKAN HUKUM PENGENAAN SANKSI TINDAKAN BERUPA PROGRAM LATIHAN KERJA BAGI ORANG TUA YANG MENGEKSPLOITASI ANAK DALAM PEMBAHARUAN HUKUM PIDANA INDONESIA Ade Mulyani; Erdianto Effendi; 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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In the explanation of Article 76I of the Child Protection Act, it is explainedthat everyone is prohibited from placing, allowing, doing, ordering to do orparticipate in economic and/or sexual exploitation. However, until now variouskinds of problems regarding child protection are still difficult to handle, sanctionsagainst parents or anyone who exploits children, both economically and/orsexually, is a maximum imprisonment of 10 years and/or a maximum fine of Rp.200 million. However, to determine criminal sanctions often cannot be applied bythe authorities for several reasons. One of them is a dilemma by the police whoare in charge of arresting the perpetrators, in cases of child exploitation becauseparents are forced to send their children to work to help them make ends meet.The main problems in this research are: How is the regulation related to childexploitation in Indonesia's current positive law; How is the effectiveness of thelegal policy regulating the imposition of sanctions for acts of exploitation ofchildren by parents in the renewal of Indonesian criminal law.The type of research used in this research is normative legal research or itcan also be called doctrinal legal research. Normative legal research is librarylaw research. This research focuses on legal principles. The legal principle usedis the principle of expediency.In connection with the application of sanctions for perpetrators of childexploitation, both economically and sexually as mentioned above, the authors didnot find a solution to the imposition of criminal sanctions and fines. This isbecause criminal sanctions and fines do not deter perpetrators, but it becomeseven more difficult when it is seen again that the factor that causes them to exploitis the absence of proper work, which is able to provide for their lives. If there areother sanctions that can provide pre-employment guidance, then the number ofcases of child exploitation will decrease because in this case the perpetratorshave received briefings to continue work in accordance with their respectiveskills. There needs to be special rules and their solutions that discuss theexploitation of children who are used by parents, especially economically. It ishoped that there will be action sanctions in applying sanctions in cases of childexploitation, in the form of a training with self-reliance development with severalJOM Fakultas Hukum Univ Riau Vol. IX Edisi 2 Juli - Desember 2022 Page 2programs such as skills to support independent businesses, which are realized inthe form of handicrafts, industry and households.Keywords: Child Exploitation - Parents - Action Sanctions.
PENEGAKAN HUKUM PIDANA ATAS PEREDARAN JAMU YANG MENGANDUNG BAHAN KIMIA OBAT BERBAHAYA DI KOTA PEKANBARU Robin Aritonang; Mukhlis R; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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BPOM Pekanbaru has issued a circular regarding the list of herbscontaining dangerous medicinal chemicals to distributors and shops so as not tosell any more herbs identified by BPOM Pekanbaru that contain hazardousmedicinal chemicals. The results of a raid conducted by BPOM Pekanbaru founda drug store selling herbal medicine containing dangerous medicinal chemicals,such as the brand Akar Dewa herbal medicine produced by UD. Image of Nature,East Java. This herbal root god is circulating freely in Pekanbaru. This herbcontains the chemical piroxicam. The use of piroxicam in high doses can causekidney damage.The type of legal research is sociological juridical, which in this research,is carried out by going directly to the field to collect primary data, and usingdescriptive methods. Meanwhile, if viewed from the nature of this research isdescriptive.The results of this study are the enforcement of criminal law on thecirculation of herbal medicine containing dangerous medicinal chemicals in thecity of Pekanbaru by conducting inspections, investigations and the application ofsanctions but has not been able to run optimally. The obstacles found in theenforcement of criminal law on the circulation of herbal medicine containinghazardous medicinal chemicals in the city of Pekanbaru are inadequatesupervision, limited authority of BBMP, lack of participation and support fromthe community, low public understanding of the law, and lack of intensity ofsocialization activities. Efforts were made to overcome the obstacles found incriminal law enforcement on the circulation of herbal medicine containinghazardous medicinal chemicals in the city of Pekanbaru, namely law enforcementoperations, socialization and optimizing cooperation with related parties and thecommunity.Keywords: Criminal Law Enforcement, Herbal Medicine, Hazardous DrugChemicals.
PENEGAKAN HUKUM TERHADAP PELAKU YANG MELAKUKAN TINDAK PIDANA PEMERASAN DI WILAYAH HUKUM KEPOLISIAN RESOR KOTA PEKANBARU Lisda Desiana; Evi Deliana; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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Extortion is an action that often occurs in people's daily life activities, extortioncan occur with various backgrounds and certain motives. Extortion in Dutch apersingand in English is called blackmail is a common crime. The word extortion in Indonesiancomes from the root word "squeezing" which can have the lexical meaning of "asking formoney and other types with threats".Type of research this can be classified into types of research sociological,because the study’s author lan gsung conduct research into the location or field poinythat in carefully in oerder to provide an overview as complete and clear about theprablem that ivestigated. Research is conducted in police of the Riau police while thepopulation and the sample is a whole party that is associated with a problem thatinvestigated in the study of this source of data that is used primary data secondary andthe data tertiary tecnique of collecting the data in the study is to interview and study ofliterature.From the results of the study, it can be concluded that law enforcement againstthe criminal case of extortion in Pekanbaru is still taking legal action in the form of aninvestigation or investigation to determine the suspect. The process of resolving the crimeof extortion, namely: the first with the investigation process, by collecting informationand a collection of documents or evidence, the second by carrying out a case title, thethird if in the implementation of the case title that the incident is a criminal act then aninvestigation is carried out by taking or collect evidence, examination, confiscation,search, arrest and detention. Meanwhile, the obstacles faced in law enforcement againstthe criminal act of extortion that occurred in the jurisdiction of the Pekanbaru city resortpolice were the lack of witnesses in handling cases of criminal acts of extortion so that ithindered the investigation process and Weakness in proving through words or threats bymouth making it difficult to prove. So the effort in overcoming the criminal case ofextortion is to complete the evidence based on Article 184 of the Criminal ProcedureCode in the form of: witness statements, expert statements, letters, instructions, andstatements from the defendant.Keywords: Law Enforcement – Domestic Violence – justice

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