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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
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ANALISIS TERHADAP PUTUSAN NOMOR 19/PID.SUS-TPK/2018/PN PBR PADA TINDAK PIDANA KORUPSI PROYEK RUANG TERBUKA HIJAU DAN PEMBANGUNAN TUGU ANTI KORUPSI DI PROVINSI RIAU Nadya Junyantani; Maria Maya Lestari; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 1 (2022): Januari - Juni 2022
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The corruption case in the case of decision Number 19/Pid.Sus-TPK/2018/PN Pbrthe application of the criminal sanctions given in this decision did not provide a deterrenteffect for the perpetrators and seemed selective. The DAS defendant was sentenced to 17months in prison and paid a fine of Rp. 50 million subsidiary 1 month in prison and paycompensation for state losses of Rp. 80 million. The judge's decision was lower than thedemands of the public prosecutor, namely 2 years in prison. The formulation of theproblem in the research are: 1) How is the application of criminal sanctions in thedecision Number 19/Pid.Sus-TPK/2018/PN Pbr?, 2) What are the judges' considerationsin the decision Number 19/Pid.Sus-TPK/2018/PN Pbr?.The results of this study are the application of criminal sanctions in the decisionNumber 19/Pid.Sus-TPK/2018/PN Pbr which is lighter than the prosecutor's demands.The sanctions given to the perpetrators do not show a deterrent effect on the perpetrators.The judge's consideration in the decision Number 19/Pid.Sus-TPK/2018/PN Pbr oncriminal acts of corruption in the green open space project and the construction of ananti-corruption monument in Riau Province juridically, the judge looked at the statutoryprovisions that were used as the basis for the indictment. In non-juridical terms, judgeslook at things that are aggravating and lighten punishments outside of juridical factors.Keywords: Analysis, Decision, Crime, Corruption
PERAN UNITED NATIONS CHILDREN’S FUND SEBAGAI CHILD PROTECTION TERHADAP ANAK-ANAK YANG DIREKRUT OLEH KELOMPOK BOKO HARAM PADA KONFLIK BERSENJATA NON INTERNASIONAL DI NIGERIA Putri Dewi FS; Maria Maya Lestari; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Recruitment of children as part of the armed conflict has enormous impacts, suchas the recruitment of children who are recruited by the Boko Haram group, manychildren are recruited as spies, suicide bombers, cooks, messengers and others. Therecruitment of these children which is the involvement of children in armed conflicts is aviolation of children's rights, so the UN as an international organization gives amandate, namely to UN agencies specifically having one special organ that deals withchildren, namely UNICEF. UNICEF is a place to protect children so that they canremain free and obtain their rights. UNICEF and the UNICEF program will protectchildren from serious violations of their rights. So that the purpose of writing this thesis,namely: First to find out violations of the rights of children who become ChildProtection against the recruitment of children by the Boko Haram group, Second, therole of UNICEF as child protection for children recruited by the Boko Haram group innon armed conflicts in Nigeria, the three obstacles of UNICEF in carrying out its roleas child protection for children recruited by the Boko Haram group in non-internationalarmed conflicts in Nigeria.This type of research can be classified into this type of research, namelynormative legal research, namely a legal research conducted by examining librarymaterials with secondary data. Then, the data that has been collected will be processedand analyzed using descriptive methods by sorting the data so that a conclusion can bedrawnThe results of the research problem there are three main things that can beconcluded. First, there are many violations of children's rights against recruitment byBoko Haram. Both UNICEF as an international organization has an important positionas an IGO, and an international legal subject that has a role as an independent actorand UNICEF is carrying out its role with various efforts to protect children recruited bythe Boko Haram group by asking the Nigerian authorities to sign the Optional ProtocolThe Convention on the Rights of the Child concerning the Involvement of Children inarmed conflicts also prohibits the forced recruitment or conscription of children and thesigning of an action plan to end and prevent the recruitment and use of children. Third,there are several obstacles that occur, namely in terms of funding, access to health andothers.Keywords: Recruitment of Children- The Role of UNICEF- Child Protection
TOLOK UKUR PEMBINAAN TERHADAP NARAPIDANA DI LEMBAGA PEMASYARAKATAN DALAM PERSPEKTIF TUJUAN PEMIDANAAN DAN HAK ASASI MANUSIA Reynaldi Reynaldi; Evi Deliana; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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The community system besides aiming to restore community-assisted citizens asgood citizens also aims to protect the community against the possibility of repeatingcriminal acts by correctional assisted residents, and is an application and an inseparablepart of the values contained in Pancasila. Realizing this, for a long time the Indonesiansocial system has been more emphasized on the aspects of coaching prisoners, communityprotégés or community clients who have preventive, curative, rehabilitative andeducational characteristics. In relation to punishment, that the purpose of punishment hastwo main aspects, namely, first, aspects of community protection against criminal acts,second, aspects of protection of individuals or perpetrators of criminal acts. In addition, itoften happens that prisoners who are not very familiar with the rough life that should beresocialized through coaching in prisons, but after undergoing a period of punishmentsufficient to be able to accept the prisonization process, apparently have behaviors thatlead to a hard and rough life that characterizes most of the prisoner subcultures. So weoften hear that prisons are schools for inmates who want to get to a higher level of crime.This type of research is normative research, which is research conducted withliterature studies in the search for data. This research is descriptive which provides datathat is as accurate and detailed as possible on existing problems. In this writing, it usesqualitative data analysis which means explaining and concluding about the data that hasbeen collected by the author. This study uses secondary data or scientific data that hasbeen codified.The results of this study explain that there are still many human rights violations inprisons, such as discrimination, torture, and even murder. This is a violation of humanrights that often occurs in prisons so that counseling, supervision, and fair lawenforcement are needed to prison officers who commit human rights violations. There arestill many prisons that do not apply aspects of the purpose of punishment itself, where thesuccess of the purpose of punishment itself is inseparable from the role of the prisonofficers themselves. Furthermore, the lack of community participation in order toparticipate in the development of prisoners. It is hoped that correctional officers can fixthe acts of violence committed by prison officers because these actions can tarnish thehuman rights values of prisoners and for the community so that they can slowly reduce thestigma and perspective on prisoners so that when they return to society inmates do not feelexcluded so as not to repeat the same mistakes in the future.Keywords: Convict Training-Prisoners–Purpose of Sentencing–Human Rights
PRAKTIK NOMINEE AGREEMENT OLEH WARGA NEGARA ASING SEBAGAI SARANA PENYELUNDUPAN HUKUM DI SEKTOR AGRARIA INDONESIA Mutiara Rizkia; Zulfikar Jayakusuma; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Abstract

Many foreigners come to Indonesia to settle in the country, but are limited in their needfor housing and land. According to Indonesian law, foreigners cannot own property rights toland in Indonesia. Thus, foreigners choose a shortcut using a nominee agreement which isindicated as legal smuggling. Seeing the existence of foreign elements in the civil relations thatoccur, and the act of legal smuggling (wetsontduiking) which falls into the realm of PrivatInternational law (PIL). The purpose of this research is to find out the aspects of PIL in thepractice of nominee agreements on land by foreigners and to find out the legal consequencesof controlling land ownership rights carried out by foreigners through nominee agreements inIndonesia from an PIL perspective by first examining the legal force of nominee agreements.The results of this normative legal research are, nominee agreement is an agreementcontaining international aspects made between Indonesian citizens and someone whoaccording to the law cannot be the subject of property rights, namely in order to control landwith property rights. Nominee agreement is a form of legal smuggling to avoid the provisionsof Article 21 paragraph (1) in conjunction with Article 26 paragraph 2 of the UUPA. Based onArticle 1320 of the Civil Code, the nominee agreement does not fulfill the halal causa, so thatthe legal consequences are null and void. Legal smuggling results in fraus omnia corrumpit,namely that the legal act in its entirety is invalid.Keywords: Nominee- Legal Smuggling-Foreigners-Agrarian
TANGGUNG JAWAB BADAN HUKUM PADA TINDAK PIDANA HUMAN TRAFFICKING BERDASARKAN UNITED NATION CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME TERHADAP NEGARA INDONESIA DAN MALAYSIA Asri Qhornelis Putri; Zulfikar Jayakusuma; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Countries around the world are increasingly facing crimes that cross nationalborders, one of which is human trafficking. These crimes threaten and force countriesin the world and the United Nations to regulate a rule of law that can prevent andprosecute these crimes. In 2000, the Palermo Convention, known as the UnitedNations Convention Against Transnational Organized Crime (UNTOC), was born.This type of research is normative legal research, namely legal researchcarried out by examining library materials in the form of binding legal rules andsecondary data such as other literature related to this research through a statuteapproach and comparative approach. This research is a qualitative data analysis inwhich descriptions are made of legal data that has been collected logically andsystematically. This research uses dualisme theory and functional dictatorshiptheory.The result of this research is that Member States have an obligation toincorporate legal entities into their national law. The mandate of UNTOC hasimplications for the laws of Indonesia and Malaysia as Member States. Thatimplication is dualism in applying international law through legal transformation sothat international law can apply in the laws of Indonesia and Malaysia. The rules arecreated through policies, so that Law No. 21 of 2007 on the Eradication of the Crimeof Trafficking in Persons in Indonesia and the Anti-Trafficking in Persons Act 670 of2007 in Malaysia were born. These acts regulate legal entities (corporations) aslegal subjects to prevent, prosecute, and punish corporations for committing thecrime of trafficking in persons.Keywords: Legal Person, Human Trafficking, UNTOC
IMPLEMENTASI PERATURAN DAERAH KOTA DUMAI NOMOR 5 TAHUN 2020 TENTANG PERUBAHAN ATAS PERATURAN DAERAH KOTA DUMAI NOMOR 4 TAHUN 2012 TENTANG PAJAK SARANG BURUNG WALET Khansen Pranata Wirantober; Emilda Firdaus; Zainul Akmal
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Regional Original Revenue or commonly called PAD is one type of regional incomeor revenue which is greatly influenced by how a region maximizes its potential andresources. The greater the contribution of PAD revenue to the APBD, the higher the level ofindependence of the region and the smaller the level of regional dependence on the centerand also shows the better a region is in managing the potential and resources they have. Oneof the revenues in PAD is Regional Taxes. The central government gives great authority tothe Province to manage and collect seven types of taxes. Then for the Regency / City is giventhe authority to manage and collect nine types of taxes. One type of revenue in PAD in theRegency / City is the Swallow's Nest Tax. Swallow's Nest Tax is a tax on the collection and/orexploitation of Swallow's Nest.Given the relatively high price of swallow's nest, many people in Indonesia conductswallow cultivation by building houses or multi-storey buildings to serve as swallow habitatsto live and breed. One of the regencies/cities where many people cultivate swiftlets is DumaiCity, located in Riau Province. So that the Dumai City Government issued Dumai CityRegional Regulation Number 5 of 2020 concerning Amendments to Dumai City RegionalRegulation Number 4 of 2012 concerning Swallow Nest Tax as a judicial basis for itsimplementation. This is considered important so that the revenue of Swallow Nest Tax inDumai City can be carried out properly and maximally.Based on the results of temporary observations, the implementation of the regulationhas not gone as expected. This is based on the fact that many swallow entrepreneurs are notwell informed about this local regulation. This is further supported by data from BAPENDADumai City, namely that of the nine types of local taxes that are a source of income forDumai City, there are three taxes whose realization percentage has not reached one hundredpercent in 2021, one of which is the Swallow Nest Tax which has the lowest percentage,namely 79.12%. Then from the target and realization data specifically on swallow's nest taxin Dumai City. In 2020 and 2021 the amount of swallow's nest tax realization is still far fromthe target.Based on the description of the problems described above, the authors would like tofurther examine the implementation of the Regional Regulation on Swallow Nest Tax. Inorder to see how the implementation of the regulation, including the factors that influence theobstruction of the implementation of the regulation and what efforts can be made toanticipate the inhibiting factors of the regulation.Keywords: Swallow's nest tax, local regulations, taxpayers, Bapenda, implementation.
PENYELESAIAN SENGKETA PERJANJIAN SEWA MENYEWA RUKO SECARA LISAN DI KELURAHAN BENAI (STUDI KASUS PERJANJIAN SEWA MEYEWA RUKO SECARA LISAN DI KABUPATEN KUANTAN SINGINGI) Fiky Indra; Maryati Bachtiar; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Humans as social beings are creatures that are very dependent on oneanother because they are bound by the norms and values that exist in social life. The mainissues in this study are: How is the binding force of the shop rental agreement verballybetween the parties in Benai Village; and how to resolve a dispute over a shop leaseagreement orally between the parties in Benai Village.In the case raised by researchers in the existence of an agreement made inwriting or by carrying out an agreement verbally located in Kuantan Singingi Regency. Asdescribed in the implementation of the verbal agreement, this occurred in the people of BenaiSubdistrict, who could be said to be not backward from the Kuantan Singingi area, but whathappened illustrated the rise of spontaneous community interaction that occurred and wascarried out with awareness.The results of this study are: The strength of binding the rental agreement torent a shop orally in Benai Village, Benai District, Kuantan Regency carries out the leaseagreement verbally (not in writing) and the parties are still bound by mutual trust so that manydisputes arise, so that disputes that occur in Kelurahan This benai. Verbal settlement of leaseagreement disputes in Benai Village is carried out on the basis of the agreement of the partiesthat dispute resolution chosen out of court on the grounds of seeking resolution of the problemby the disputing parties is connected by each representative or relative of both to act as amediator in finding solutions to problems in a deliberation between the two as mediation of theparties with the result of a settlement based only on oral (non-written) testimony betweenrepresentatives of relatives present at the deliberation so that there is still the potential fordisputes to arise from the results of the deliberation.The authors, involved in resolving the dispute over the rental agreement forshophouses in Benai Village will be able to put the results of the deliberations in writing sothat later the settlement involves other authorized parties in supervising or monitoring theresults of deliberations between parties so that it can become a new way of solving problems inBenai Village.Keywords: Disputes-Lease-Oral Agreement.
PENGARUH PENGGUNAAN PRE-EMPTIVE SELF DEFENSE IN WAR YANG DIGUNAKAN OLEH NEGARA YANG SEDANG BERKONFLIK UNTUK PENGECULIAN DALAM TANGGUNG JAWAB HUKUM INTERNASIONAL (Studi Kasus : Pasukan Türkiye Menyerang Kaum Khurdis) Nathaniel Adianta Rim Manurung; Maria Maya Lestari; Zulfikar Jayakusuma
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Self-defense is the right of self-defense granted by the UN Security Councilcontained in Article 51 of the UN Charter. This right can be used by a state inorder to defend itself from an attack from another country. It is well known thatthe development of theories about state self-defense rights has overridden theconcepts of anticipatory self-defense and pre-emtive self-defense that override theprovisions requiring armed attacks before state self-defense rights arise. Article51 of the UN Charter clearly states that the right to self-defense of UN memberstates, individually as well as collectively, only arises "if an armed attack occurs".Thus a new state can exercise its martial rights if it has happened or is happening.Normative Legal Research Methods use normative juridical approachmethods. The normative approach in juridical is an approach that refers to theapplicable laws and regulations. Furthermore, normative legal research is a typeof legal research methodology that bases its analysis on applicable laws andregulations and is relevant to the legal issues that are the focus of the research.Topics of legal issues that are relevant to be researched using Normative LegalResearch Methods, including regarding; Intentarization of positive law, legalprinciples, etc.The results of the research that have been obtained prove that first ; there isa lot of neglect of the use of this principle by many countries which has resulted inmany violations that have been committed by the State. Meanwhile, the originalpurpose of making this principle according to the provisions of Article 51 of theUN charter was to protect the entity of a state against threats that would arisefrom outside that resulted in destruction and danger within the state itself.Keywords : State Accountability - Armed conflict - Preemtive of State Self-Defense
PELAKSANAAN PERJANJIAN KERJASAMA PENYALURAN LPG 3 KG ANTARA AGEN PT. SARI BUMI RAYA DENGAN PANGKALAN D’HUTAWEST Putri Rahmadani; Mardalena Hanifah; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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The implementation of the cooperation agreement is the process and method of carrying outthe agreement or agreement of the parties to do something that gives rise to a relationship of rights andobligations of the parties in achieving common goals. Channeling comes from the word channel, whichmeans flowing, forwarding. Liquefied Petroleum Gas, hereinafter referred to as LPG, is a liquefiedhydrocarbon gas under pressure to facilitate storage, transportation and handling, which basicallyconsists of propane, butane or a mixture of both. The purpose of this thesis writer, first is to find out theimplementation of the cooperation agreement for the distribution of 3 kg LPG between agents of PT. SariBumi Raya with D'Hutawest base. Second, to find out the settlement of disputes in the cooperationagreement for the distribution of 3 kg LPG between agents of PT. Sari Bumi Raya with D'Hutawest base.This type of research is sociological legal research or is called empirical legal research.Sociological legal research is legal research that is intended to study and analyze the operation of law insociety, which is manifested in the legal behavior of society. This research was conducted at theD'Hutawest base which is located in the Sukamulia Village, Sail District, Pekanbaru City, Riau. Thesample and population in this study are representatives of PT. Sari Bumi Raya employees andD’Hutawest base owners. Sources of data obtained based on primary and secondary data, data collectiontechniques in research using interviews and literature review.The result of this research, there are two things that can be concluded, the first is theimplementation of the cooperation agreement for the distribution of 3 kg LPG between the agents of PT.Sari Bumi Raya with the D'Hutawest base was not fulfilled. The D'Hutawest Base is said to be included ina default where the debtor fulfills the performance, but not as it should. Second, the settlement of disputesin the cooperation agreement for the distribution of 3 kg LPG between agents of PT. Sari Bumi Raya withthe D'Hutawest base, namely by using an out-of-court settlement is negotiation. The author's suggestion,to the agents of PT. Sari Bumi Raya is expected to be more able to provide direction or socialize aboutthe distribution of 3 Kg LPG like what is good and right to the D'Hutawest base even though there arerules that are not listed in the cooperation agreement.Keywords: Implementation, cooperation agreements, agent, base
ANALISIS YURIDIS RECOVERY ASSET MELALUI TINDAK PIDANA PENCUCIAN UANG DARI HASIL TINDAK PIDANA KORUPSI Iffana Hayu; Mukhlis R; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Eradication of criminal acts of corruption is the main agenda that must be held. Asset recoveryin corruption is the process of handling assets from the proceeds of corruption at every stage oflaw enforcement, so that the value of these assets can be maintained and returned to the state. InLaw No. 8 of 2010 Concerning the Prevention and Eradication of Money Laundering, there is apolicy related to the law on eradicating corruption and other similar laws, namely with the soleaim of narrowing down the occurrence of corruption. This means that the presence of the Law onMoney Laundering is an attempt to assist the operation of the Law on Corruption Eradication.The purpose of this study is to offer an effective and efficient strategy in returning state assetsfrom corruption through money laundering and to find out the construction of the judge's thinkingin examining and deciding money laundering cases on corruption as the predicate crime.An effective and efficient strategy in efforts to recover assets from the proceeds of corruptionthrough money laundering is to combine charges of corruption with money laundering.Accumulating criminal acts, indictments are not combined with alternative or subsidiary formsand returning assets from the proceeds of criminal acts of corruption can be carried out throughcriminal or civil instruments. The judge's thinking construction regarding evidence that has beenused in other crimes that have permanent legal force (BHT) cannot be used as evidence in othercrimes. The formulation of the crime of money laundering as a supplementary crime of corruption(predicate crime) needs to be given the same serious attention as proving that corruption is apredicate crime. The unpaid payment for the purchase of an asset becomes a consideration for thePanel of Judges that the asset is confiscated for the state.Research in making effective and efficient indictment formulations to optimally return stateassets needs to be carried out also for the future. Researchers hope that there will be more in-depth research on efforts to return state assets from the proceeds of criminal acts of corruptionthrough money laundering and other efforts as well as research in making effective and efficientindictment formulations. Efforts to return state assets outside the criminal corridor must be a moreserious concern to be carried out.Keywords: Asset Recovery, -Criminal Corruption, -Money Laundering Crimes