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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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TINJAUAN YURIDIS TINDAK PIDANA MENERIMA GRATIFIKASI BERDASARKAN UNDANG-UNDANG NOMOR 31 TAHUN 1999 JO UNDANG-UNDANG NOMOR 20 TAHUN 2001 TENTANG PEMBERANTASAN TINDAK PIDANA KORUPSI Nadya Syafira; Erdianto Effendi; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

One form of corruption most widely disclosed at this time is corruption in the form ofgratification. Gratuity is a gift, reward or gift by a person who had received services or benefits orby persons who have or are dealing with a public or government agencies in the example to get acontract. The purpose of this thesis to determine criminal acts setting gratification as one ofcorruption in accordance with the value of living in Indonesia and to find out about the role of lawideal in setting gratification in Indonesia. This research is a normative legal research because it isdone by examining the library materials or secondary data on the crime of judicial reviewremuneration pursuant to Act No. 31 of 1999 Jo Act No. 20 of 2001. Source of data used primarylegal materials, secondary and tertiary. From the results of this study concluded, setting the crimeof graft as one of corruption in accordance with the value of life in Indonesia, that gratification isessentially not a crime. Because gratuities not be separated from the habits of society that havebeen entrenched. If a civil servant or state officials to immediately report the receipt of gratuities tothe Corruption Eradication Commission no later than 30 (thirty) days from the date of receipt ofgratuities, the criminal becomes clear. The ideal role of law in regulating graft in Indonesia, thatgratuities are expressed as corruption since the setting in the Act Eradication of Corruption ActNumber. 20 in 2001, however, must be based on the will of the people, the appropriate legalconsciousness of the people but it can be accepted by the community with full awareness.Keywords: Crime Receiving Gratuities
PENERAPAN DIVERSI DALAM PENYELESAIAN TINDAK PIDANA YANG DILAKUKAN OLEH ANAK DI PENGADILAN NEGERI PEKANBARU Manurung, Demi; Firdaus, Emilda; Effendi, Erdianto
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Abstract

Children who are in the prison environment facing exclusive environment, hanging out with inmates with different types of crime and if free will have a difficult stigma brat rehabilitated throughout his life. One solution that can be used is the implementation of the diversion. Diversion efforts as mandated by the Act to be given to the level of investigation, prosecution and court proceedings, the officer or officers who violate these provisions will be subject to administrative sanctions and criminal penalties. The purpose of this thesis, namely:First, Application Diversion in the completion of criminal offenses committed by children in Pekanbaru District Court, Second, constraints in the implementation of the settlement Diversion criminal offenses committed by children in Pekanbaru District Court, Third, efforts are being made to overcome constraints in the implementation of the settlement Diversion criminal offenses committed by children in the District Court of Pekanbaru. This type of research can be classified into types of sociological research. This type of research is descriptive analysis. Source of data used were obtained through three (3) legal materials are the primary legal materials, secondary and tertiary. The data collection techniques were performed using two methods : interviews and review of the literature. From the results of research and there are three main things that can be inferred. First, Application of diversion in the completion of criminal offenses committed by children in the District Court of Pekanbaru is still not going well because of the lack of understanding of the concept of diversion on the part of law enforcement and the community espspecially the victim's family. Second, constraints in the implementation of the settlement Diversion criminal offenses committed by children in Pekanbaru District Court, law enforcement factors still difficulties in implementing the diversion of children criminals. Third, efforts to overcome obstacles to do in application against crime diversion in progress conducted by Children In Pekanbaru District Court that law enforcement officials, especially the police have to make a special team has been trained in dealing with issues concerning children. Suggestions, First, law enforcement officials should be equipped with knowledge of child protection. Second, provide law enforcement with the knowledge of the importance of the protection of the child's future as the next generation. Third, the government should be more serious in dealing with the problems of children with and more assertive in providing sanctions for ignoring the law enforcement mandate of the Act and need special attention from parents to improve the spiritual education of the child.Keywords : Application - Diversion - Crime – Children
PENYIDIKAN TERHADAP PENYEDIA JASA PROSTITUSI MELALUI MEDIA INTERNET DI WILAYAH HUKUM POLISI DAERAH METRO JAYA Putri Widjayanti; Mexasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Abstract

During the last five years range (2009-2014) there were four cases of prostitution services provider via the Internet which handled by the Polda metro jaya. In 2009 the AT suspect who manages the website with the domain name www.wanita18theclub.com. In December 2010, the Jakarta Police succeed to capture VL and WD that manages facebook account (kine kekasih gelapku) and www.bluefame.com website. In 2012 succeed to catch RW carriers website, NA-pimp and HD-field operations that manage the website with the domain name www.krucil.net, www.bintangmawar.net, www.semprot.net. They (RW carriers website, NA-pimp and HD-field operations). In March 2014, SL SY and the US suspect was captured by managing facebook account Andi Hotel Room.Investigation on prostitution services provider via the Internet is done by cyber part of polda metro jaya's TNCC unit is to track the whereabouts of offenders by tracing the Internet Protocol address ("IP Address") actors based logs IP addresses stored in the server manager web site / homepage used as a means of suspect in prostitution online.Barriers that hold Polda metro jaya in the investigation process is increasingly difficult to conduct criminal investigations against prostitution, and it is difficult to find the real identity of the suspects because all of the suspects using electronic devices also a web site / homepage admin is outside the region Indonesian jurisdiction (such as facebook, google, twitter, yahoo, etc.). Efforts are being made for overcome factors of barriers is to enforce and implement laws and regulations that apply properly and optimally, improve the means and facilities to make it easier for law enforcement in combating prostitution service provider via the Internet, and increase public awareness in law enforcement and applying eastern culture in life.Keywords : investigation-provider-prostitution-via internet.
FUNGSIONALISASI HUKUM PIDANA DALAM PELANGGARAN JADWAL KAMPANYE PEMILIHAN UMUM DEWAN PERWAKILAN RAKYAT DEWAN PERWAKILAN DAERAH dan DEWAN PERWAKILAN RAKYAT DAERAH BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 2012 TENTANG PEMILIHAN UMUM DI KOTA PEKANBARU Atika Pramuditha S; Erdianto '; Mexsasai Indra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Abstract

Candidates for legislative elections is a form of political participation of the people in a democracy , the cleanliness , honesty and fairness of elections will reflect the quality of democracy in the country concerned . In order to protect the purity of legislative candidates were very important for democracy.Problems in this thesis is how the functionalization of criminal law in violation of the house of representatives election campaign schedule council and parliament by law number 8 of 2012 on the election of Pekanbaru ? Barriers to what is found in implementing the functionalization of criminal law in violation of the house of representatives election campaign schedule dpd and dprd based , law number 8 of 2012 concerning the elections in the city of Pekanbaru ? Any attempt to overcome the barriers to implementing the functioning of the criminal law in violation of the house of representatives election campaign schedule council and parliament by Law number 8 of 2012 on the elections in the city of Pekanbaru? whatever penelitihan goal is to know the functioning of the criminal law in violation of the house of representatives election campaign schedule council and parliament by law number 8 of 2012 on the elections in the city of Pekanbaru, to know the obstacles found in carrying out functionalization of criminal law in violation parliament election campaign schedule DPD and DPRD based , Law number 8 of 2012 concerning the elections in the city of Pekanbaru and to know what legal remedies if there are obstacles to overcome in implementing the criminal law against violations of the House of Representatives election campaign schedule Council and Parliament by Law number 8 of 2012 on the general election in the city of Pekanbaru.This type of research can be classified as socio-juridical, because in this penelitihan direct writing penelitihan held at the location or place under study in order to provide a complete and clear picture of the problems studied. Location research of Panwaslu, Bawaslu, KPU and Kepolisian the city of Pekanbaru. The data collection techniques with interviews and a literature.Based on the results of the study showed that in the implementation of the law enforcement criminal offense general election candidates in the implementation of the campaign schedule in Pekanbaru City 2014. not run in accordance with the applicable rules because there are obstacles in the implementation. The obstacle is : There are limitations to a very short time that is later than 7 days after the election violations and limitations of personnel and the ability to conduct the investigation in no way owned by members of the Election Supervisory Committee, does not have the authority to search and foreclose. Its made in overcoming obstacles are : Delivering quality elections , affirmation and synchronization between peruu existing regulations.Keywords: establishment - Criminal Act - General Elections
RESTRUKTURISASI MAJELIS PERMUSYAWARATAN RAKYAT SESUDAH AMANDEMEN UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 Alsidik Syahputra; Dodi Haryono; Junaidi '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Abstract

Institution of the People's Consultative Assembly was referred to as the supreme perpetrators of popular sovereignty even in Article 1 (2) of the Constitution of 1945 before the change formulated by the sentence: "The sovereignty of the people's hands and performed entirely by the Assembly". Now, the provisions of Article 1 (2) altered its formulation into "the hands of the people's sovereignty and implemented in accordance with the Constitution". The purpose of this study was, first, to know clearly the position of the Assembly before and after the amendment of the Constitution of the Republic of Indonesia Year 1945. Second, to determine the urgency of institutional restructuring of the People's Consultative Assembly in the state system of Indonesia. Third, to determine the implications of changes in the position of the Assembly on the principle of popular sovereignty. From this research, there are three things that can be concluded, first, notch the Assembly before the amendment is the holder of the rule or the highest power. The position of the Assembly after the amendment is no longer as the highest state institution, the position of all state agencies are aligned as state institutions. Secondly, in connection with the checks and balances it is also proposed the idea of changes to the parliamentary system of the supremacy of the Assembly became the parliamentary bicameral system (two rooms) are interwoven in a relationship of checks and balances. Third, the amendment to article 1, paragraph (2) and Article 2, paragraph (1) implicated in, reposition the role of the Assembly of the highest state institutions (the supreme body) into the joint between the House of Representatives and the Regional Representatives Council. Suggestions writer, First, people's Consultative Assembly session which is a joint forum of the Board of Representatives and Regional Representative Council does not need to be permanent so that more precise leadership of the Assembly ad hoc course, do not need a separate secretariat and leadership. Second, Reinforce a legislative system adopted whether unicameral system (one room) that the House of Representatives and the Regional Representatives Council remove institution or adopts a bicameral (two rooms), namely the House of Representatives and Regional Representative Council with the consequences of having a very strong position. Third, Indonesia should be able to follow the United States, on the relationship between the House of Representatives (DPR) and the senate in congress (parliament) who put both in a balanced legislative function and can perform mutual checks and balances.Keywords: Restructuring - MPR - amendment – Constitution of 1945
KEBEBASAN DAN KEMANDIRIAN BADAN PEMERIKSA KEUANGAN DALAM PENGAWASAN PENGGUNAAN KEUANGAN NEGARA BERDASARKAN UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 Fery Aferio; Mexsasai Indra; Junaidi '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Abstract

Management and financial responsibility of the State plays an important role in realizing the goal state, so that the founding fathers felt the need to form a special state institution which is independent, objective and free from the influence of the government to examine how the government uses the state budget approved by the House of Representatives ( DPR), such institution is the State Audit Board (BPK). One of the institutions of the State in the Constitution of the Republic of Indonesia Year 1945 is the State's financial supervisory powers stipulated in the Constitution of the Republic of Indonesia Year 1945, in article 23, letter e (1) states "To examine the financial management and responsibility of the State Audit Board held a free and independent. With the meaning of the word free and independent is expected CPC can be state institutions which can lead to the conclusion that true, objective, and critical and pro-truth and facts.The aim of this study is that the First Freedom and Independence of the State Audit Board in oversight of financial usage States under the Constitution of the Republic of Indonesia Year 1945, Second knowing Relations Working Procedures Audit Board with other institutions related to the supervision of the use of state finances by Law Law No. 15 of 2004 on the Management and State Financial Responsibility.From these results it can be concluded that the First Freedom and Independence of the CPC has been set in the 1945 Constitution in Article 23 letter e (1). The concept of freedom and kemadirian This meant that no intervention other state institutions as well as the constitutional guarantee that the work of the CPC can run optimally and objectively in accordance with the purpose of formation. The second relationship working procedures of the CPC and other state institutions, namely the House of Representatives, Parliament and the Government in order to carry out a report on the results of the examination to be followed up and taken into consideration the House if there is suspicion of a criminal act in the financial management of the country. Suggestions of Author, First expected to the government (President) and the Parliament did not intervene either in the structure of political aupun tools related to the implementation of the CPC function in each stage of the examination of the State institutions alleged to have committed irregularities use of state finances. Both are expected to be able to play its role BPK as an independent state by consolidating institutional and prioritize major cases detrimental to the State indicated in both the national and regional levels.Keywords: Freedom-Independence, The BPK.
TINJAUAN YURIDIS PELAKSANAAN KEWENANGAN BPD (BADAN PERMUSYAWARATAN DESA) DI DESA KASANG LIMAU SUNDAI KECAMATAN KUANTAN HILIR SEBERANG KABUPATEN KUANTAN SINGINGI BERDASARKAN PERDA NOMOR. 1 TAHUN 2009 Mexsasai Indra; Abdul Ghafur
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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This research was conducted in Kasang Limau Sundai Village, Kuantan Hilir Seberang District, Kuantan Singingi Regency. This type of research is a sociological study of a study in the form of empirical studies to find theories about the process and about the workings of law in society. Nature of this research is descriptive research is to provide thorough data about peoples, circumstances or other symptoms. The results showed that the implementation of the Village Consultative Body authority in the organization of government in the Kasang Limau Sundai Village, Kuantan Hilir Seberang District, Kuantan Singingi Regency according to Regulation No. 1 of 2009 have not been able to bring the regulations the new village, because the members of the BPD has not been submitted draft regulations and material to the village government. Constraints faced by BPD Kasang Limau Sundai in doing authority to draft village regulations are educational background factors BPD is still low, the lack of understanding of the procedures and the BPD Perdes formation mechanism, and the lack of cooperation with the village government. Attempts to do BPD Kasang Limau Sundai to overcome obstacles in the implementation of the authority is to follow the training and seminars related to the procedures for the formation mechanism of the village or the regulations relating to the empowerment of rural communities. Moreover, it also can be a way members of the BPD over again deepen the knowledge of the law by reading books related to the formation technique of legislation, as well as by increasing cooperation with government village that BPD can equally with the village government in the deliberations and discussions held, and took the decision to make a village regulations in order to achieve progress in the future well-being of rural communities.Keywords: Implementation, Authority, Village Consultative Body (BPD)
IMPLEMENTASI ASAS KEBEBASAN BERKONTRAK PADA PERJANJIAN KERJA WAKTU TERTENTU DI PT.CIPTA NIAGA SEMESTA PEKANBARU BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN ANDO GURNING; Maryati Bachtiar
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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By normatif, rule about its valid condition of existing agreement in Section 1320 KUHPERDATA adopted fully by Section 52 sentence Code Number 13 Year 2003 about Labour. just Only is, because is fourth of its valid condition of existing agreement in Section 1320 KUHPERDATA have related to other civil principle of justices, hence solution about its valid condition of compilation of work agreement relate to KUHPERDATA and Code Number 13 Year 2003 about Labour.But, in the execution, work agreement is designedly made by including clause limiting labour rights.This Research type is classified in research of sosiologis yuridis, because direct writer perform a research at accurate place or location. This research is conducted in PT. Cipta Niaga Semesta branch Pekanbaru in Komplek Warehousing Of Avian Block of DD 02 Road;Street of Arengka II, while and population of sampel is to represent the overall of side related to problem of accurate in this research, source of data the used is primary data, data of sekunder data and of tertier, technique data collecting of research with observation, interview, bibliography study and enquette. Result of research found by that there is the parties rights and obligations imbalance him at PKWT between PT. Cipta Niaga Semesta Pekanbaru with employees. This prove that PT. Cipta Niaga Semesta Pekanbaru designedly impinge rule of ketenagakerjaan going into effect.From result of research can be concluded is. First, the parties rights and obligations at PKWT PT. Cipta Niaga Semesta uneven Pekanbaru. Side of PT. Cipta Niaga Semesta Pekanbaru only affirming its rights as employer to employees by giving obligation to employees through PKWT. Implementation Ground freedom contract at PKWT PT. Cipta Niaga Semesta Pekanbaru have been executed by both parties. But, in the execution there are deviation to applying at PKWT steming from freedom contract in making work agreement. Both, Resistance Implementation freedom ground contract at PKWT PT. Cipta Niaga Semesta Pekanbaru, namely its minim of knowledge of employees, side of PT. Cipta Niaga Semesta Pekanbaru is not consistent run order of ketenagakerjaan observation inexistence and of local institution. Third, Effort overcome freedom ground implementation resistance contract at PKWT PT. Cipta Niaga Semesta Pekanbaru is to improve knowledge of employees to rule of ketenagakerjaan, side of PT. Cipta Niaga Semesta Pekanbaru evaluate to repeat PKWT which they make for the labour of. The change to overcome some lacking of in items of PKWT at the same time alter some clausal weighing against labour and maximize observation of local institution like On Duty Labour Town of Pekanbaru.Keyword : Implementasi-Asas Freedom Of Contract-PT.Cipta Niaga Semesta branch Pekanbaru - Certain Work agreement Time.
PERLINDUNGAN HUKUM HAK CIPTA TEHADAP PPEMILIK LAGU ATAS PERBUATAN PENGUNDUHAN LAGU MELALUI SITUS TANPA BAYAR DI INTERNET Teresia, Rita; Bachtiar, Maryati; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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The song is included in the creation of objects protected by the Copyright Act as mentioned in Article 40 paragraph (1) letter d. The act of downloading songsthrough the site without paying or illegal adverse economic rights of copyright owners and contrary to Law Number 28 Year 2014 About Copyright.Problems in this thesis includes two (2) things are, how law enforcement action against downloading of songs through the site without paying on the internetbased on Copyright Act in District Sail, Pekanbaru. and how efforts to be made by the Regional Office of the Ministry of Justice and Human Rights Riau to overcome.The general objective of this study was to fulfill the terms andthesis in order to obtain a law degree at the Faculty of Law, University of Riau, broaden knowledge, especially in the field of civil law.This research is using this type of sociological research, meaning research by examining the legal aspects to see the legislation in forceand compared with that obtained in the execution of the field by way of a survey.Analysis of materials research in this thesis using qualitative methods, in order to draw conclusions using deductive method.This study shows that the enforcement of copyright laws in the District of Sail, Pekanbaru still not running properly marked still many actors downloading of songsThe District of Sail despite socialization. Efforts made by the Regional Office of the Ministry of Justice and Human Rights Riauis to conduct socialization to urge respect and prohibit copyright infringement and conduct investigations related to the reports submittedwhich is handled by the Civil Servants (investigators) and aided by police investigators conducted in accordance with the Copyright Act.Society should appreciate the creative works of others and does not violate the existing rules,Law enforcement officers must carry out their duties and obligations properly in order to reduce the particular song copyright infringement on the Internet.Keywords: Copyright Protection, Download Songs, World Without Pay.
PELAKSANAAN PENCEGAHAN TINDAK PIDANA KORUPSI OLEH KOMISI PEMBERANTASAN KORUPSI DI INDONESIA Halim, Azimu; Efendi, Erdianto; Indra, Mexsasai
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Corruption is a serious problem that is being faced in Indonesia, particularlythe province of Riau. In law enforcement is not only necessary enforcement action butalso preventive measures. Therefore, corruption must be addressed in a rational way.One rational business is to do prevention. The purpose of this study, for to know theimplementation of prevention of corruption by the Corruption EradicationCommission in Indonesia, to know the constraints prevention of corruption by theCorruption Eradication Commission in Indonesia and to determine the prevention ofcorruption by the Corruption Eradication Commission in Indonesia. This type ofresearch is a sociological law research, because in this study the authors directlyconduct research on locations or places studied in order to give a complete and clearpicture of the problems examined. This research was conducted at the CorruptionEradication Commission of the Republic of Indonesia, the Directorate of SpecialCriminal Regional Police Riau and Riau High Court, while the sample population isa whole party with regard to the problems examined in this penelitiaan, data sourceused, primary data, secondary data and data tertiary, data collection techniques inthis study with interviews and literature study. Prevention of corruption has not beenrun up by the presence of obstacles such as budget and human resources. Efforts toovercome this obstacle is to increase the budget, build quality human resources,building a bureaucratic assessment system and promote the dangers of corruption tothe public. Parties to the Corruption Eradication Commission in implementing theprevention of criminal acts of corruption further strengthen coordination in carryingout functions with other agencies, as well as find solutions to the obstaclesencountered and maximize socialization for prevention.Keywords : Prevention - Criminal Act - Corruption

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