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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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PERAN KEPALA SUKU DALAM MENJAGA EKSISTENSI HUKUM ADAT TERHADAP KEJAHATAN PENCURIAN DI HUTAN ADAT IMBO PUTUI DESA PETAPAHAN KECAMATAN TAPUNG KABUPATEN KAMPAR Iga Arsita; Rika Lestari; Zulfikar Jayakusuma
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Indigenous peoples still use their customary laws in resolving crimes andviolations that occur in customary areas, especially crimes in theft that occur incustomary forbidden forests. The purpose of writing this thesis is first, to find outthe role of the tribal chief in maintaining the existence of customary law againstcrimes of theft in the imbo putui customary forest, Petapahan Village, TapungDistrict, Kampar Regency. Second, how is the application of customary sanctionsagainst crimes of theft in the customary forest of Imbo Putui, Petapahan Village,Tapung District, Kampar Regency.This type of research uses sociological or empirical legal researchmethods. This research was conducted in Petapahan Village, Tapung District,Kampar Regency, Riau Province. While the population and sample are all partiesrelated to the problems studied in this study, the data sources used are primarydata, secondary data and tertiary data, data collection techniques in this studyare interviews and document studies.The results of this study indicate that the important role of the tribal chiefis in maintaining the existence of customary law against crimes of theft incustomary forests and the application of customary sanctions against crimes oftheft in Imbo Putui customary forests because the perpetrators of theft assumethat the forest belongs to all people who know the forest, so the perpetrators donot know the customary law that applies in the area of the indigenous people ofPetapahan Village. The author's suggestion is for the nagari government and itsinstruments to improve oversight of the customary prohibition forest and makenagari regulations that regulate all categories of theft, so that not only timbertheft but everything that can be said to be theft is regulated in the nagariregulations and work together with local government authorities to conductoutreach to the community, so that the community knows that customary law inPetapahan Village still exists today and will not fade with the times.Keywords: The Role of the Head of the Tribe - Customary Law - ForestProhibition of Customs - Theft
PELAKSANAAN KONTRAK HARGA SATUAN PADA PAKET PERKERJAAN KONSTRUKSI PEMBANGUNAN PENGAMANAN PANTAI PULAU TERLUAR PROVINSI RIAU ANTARA PT.ALEX PUTRA SAKTI DENGAN PEJABAT PEMBUAT KOMITMEN SUNGAI DAN PANTAI DI DESA CENTAI KECAMATAN PULAU MERBAU KABUPATEN KEPULAUANMERANTI Ananda Fernando Putra; Mardalena Hanifah; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Currently, in the implementation of goods and services procurement work, including constructionservices, the total costs of which are borne by the State Budget (APBN) and the RegionalExpenditure Budget (APBD), must comply with statutory provisions. To carry out development, thegovernment needs other parties, after that the government takes the option of conducting a selectionin the form of an auction. After obtaining the winning bidder, the Government will draw up aConstruction Work Contract. In the implementation of the Construction Work Contract between theCommitment Making Officer (PPK) and PT Alex Putra Sakti in the construction of Coastal Securityfor the Outermost Islands of Riau Province in Centai Village, Merbau Island District, MerantiRegency, the implementation procedure must comply with applicable regulations. Therefore, thepurpose of this study was to find out the implementation of unit price contracts in the constructionwork package for the construction of coastal safeguards in the outermost islands of Riau Provincebetween PPK PT Alex Putra Sakti and officials making river and beach commitments in CentaiVillage, Merbau Island District, Meranti Regency.The type of research in this paper is sociological legal research, namely research conducted byidentifying and how effective it is in society or reviewing the state of the problem associated withthe applicable legal aspects and judging from its descriptive nature, namely describing the process.From the results of the research, there are two main things: First, that the Procedure forImplementation of the Construction Contract for the construction of beach security in the MerantiVillage of Centai Regency is running in accordance with the agreed work contract and inaccordance with the Law of the Republic of Indonesia Number 18 of 1999 concerning servicesconstruction. Second, in the process of carrying out the completion of the work there were obstaclesexperienced by the contractor, namely the implementation exceeded the time limit for 14 days sothat the ppk was required to make compensation for a delay of 1/1000 of the contract value that hadbeen agreed upon, this delay was due to high tide or volume from rising sea water o that theconstruction work of protecting the coast experienced delays in its implementation covid19.Keywords: Implementation of development construction work contract
PENEGAKAN HUKUM PIDANA TERHADAP PENCURIAN KELAPA SAWIT DI WILAYAH HUKUM POLRES KABUPATEN INDRAGIRI HULU Aldean Dipa Damanik; Mukhlis R; Syaifullah Yophi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The crime of theft is regulated in CHAPTER XXII of the Criminal Code (KUHP). Theperpetrators of theft are charged under Article 364 of the Criminal Code as a misdemeanourwith a maximum imprisonment of 3 months or a maximum fine of two million and five hundredthousand rupiahs. Firmer law enforcement against perpetrators of criminal acts of stealingand or harvesting plantation products is regulated in Law no. 39 of 2014 concerningplantations.The type of legal research used by the author is sociological legal research. Thissociological research is a type of research in terms of legal objectives.From the results of the study, it was found that law enforcement against the crime of palmoil theft in the Inhu Resort Police area has not run optimally because several efforts made bythe Inhu Resort Police such as preventive and repressive efforts have not been able to runoptimally. In addition, there is still recognition of a peaceful settlement in which the peacefulsettlement carried out by the local community has not been able to create a deterrent effect forthe perpetrators because there are no strict sanctions for the perpetrators. the obstacles facedby law enforcers are divided into 2 factors, namely internal factors and external factors. Theseobstacles are in the form of: a lack of Inhu Resort Police personnel, communityculture/customs, lack of funds and facilities and infrastructure of the Inhu Resort Police. Inorder to investigate the crime of palm oil theft in the Inhu Resort police area, the Inhu ResortPolice made several efforts, namely, adding Inhu Resort Police personnel, collaborating withpalm oil companies in Inhu District and also the community and minimizing the use of fundsand utilizing existing facilities and infrastructure. Author's Suggestion, First, The Inhu ResortPolice as the front guard in law enforcement, in this case the investigation of criminal acts inInhu District, the Police must work together and improve quality in dealing with any existingcriminal acts. Second, to the public to be willing to report the perpetrators of the crime of palmoil theft in Inhu District to the Inhu Resort Police. Third, to the palm oil entrepreneurs in InhuRegency to further enhance their cooperation with the Inhu Resort Police and carry out therecommendations given by the Inhu Resort Police.Keywords: Law Enforcement-Palm Oil Theft-Polres Inhu
PERLINDUNGAN HUKUM PADA PEREMPUAN SEBAGAI KORBAN DALAM PEREDARAN NARKOTIKA DIKAITKAN DENGAN TUJUAN PEMIDANAAN Aisyah Nur Roma Dani; Mukhlis R; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The crime of narcotics circulation has taken many victims, including takingadvantage of the circumstances of women living unfit to be couriers in circulating narcotics.Many of the factors that cause women to be involved not by personal desires aregeographical, economic, and sociological factors. Legal protection tends to be abstract andregulatory, which can not accommodate the rights of victims of narcotics trafficking. If theregulation has not been able to meet the needs of the victims, it certainly harms the basicrights held by the victim, especially those who are sentenced to death, especially those whoare included in the crime victim classification, of course this is very against the purpose ofconviction and death. The purpose of this study: First, the application of legal protection towomen as victims in narcotics circulation if it is linked to the purpose of conviction, Second,understand the legal weakness in providing legal protection to women as victims in narcoticscirculation in Indonesia, Third,provide legal efforts to protect women as victims of narcoticstrafficking.This study is classified as a type of normative legal research that examines librarymaterials. This study examines the legal principles approach by examining the rules of law inrelated regulations relating to legal issues to be examined. Data sources are secondary dataconsisting of primary legal materials, secondary legal materials and tertiary legal materials.The data collection technique in this study is a library research method.The results that can be obtained from this study are three points of conclusion,namely: First, in providing legal protection tends to be abstract by imposing penalties onperpetrators who are considered by some parties to meet the suffering experienced byvictims. Victims do not get the right to do legal defense and when sentenced to death, it isclearly against human rights and the purpose of conviction. Second, the regulation regardinglegal protection on victims of narcotics circulation from the regulation has not been able tomeet the needs of the victims. Third, the role of the government has a big part in making legalefforts on narcotics crimes, one of which is by carrying out criminal policies based on justice.The author suggested, First, it is necessary to renew legal efforts in the law on narcoticscrimes that accommodate the rights of the victims. Second, socializing creative media in thepublic about the drug campaign of narcotics crime. Third, the Government can pay moreattention to them as victims of crime and budget the State Budget and maximize the body ofrehabilitation in every affected area.Keywords: Legal Protection-Women-Victims-Narcotics-Purpose of Sentencing
Kedudukan Hukum Alat Bukti dalam Tindak Pidana Pelecehan Seksual di Peradilan Pidana Indonesia Kevin Mandala; Erdianto Erdianto; Sukamarriko Andrikasmi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Evidence occupies an important position. The judge in making a decision will need a lot of time tostudy and analyze in depth the existing evidence and the results of the evidence will be used as aguide in making a decision. Indonesia adheres to a system of proof according to negative law orNegative Wettelijk Stelsel, this can be seen in the provisions of Article 183 of the CriminalProcedure Code, where to convict the Defendant, the Judge must have at least two valid pieces ofevidence plus valid evidence. the judge's conviction, meaning that at least two valid pieces ofevidence, the judge obtains confidence that the crime actually occurred and the defendant was theperpetrator. Therefore, the judge must carefully, thoroughly, and maturely assess and consider thevalue of an evidence by examining the extent to which the "Power of Evidence" or minimumbewijskracht of each piece of evidence as referred to in Article 184 of the Criminal ProcedureCode and besides that the judge must also distinguish between criminal acts other with evidence ofa crime of sexual violence.The objectives to be achieved in this research are the first, namely to find out how the legalposition of evidence in the crime of sexual harassment in the Indonesian criminal court. Second, tofind out the ideal form of regulation regarding the position of evidentiary law in the crime ofsexual harassment in criminal justice in Indonesia.The author conducts research using normative juridical methods or literature studies to obtainsecondary data which is divided into 3 (three) namely primary, secondary and tertiary legalmaterials. In this study, researchers used a statutory approach to study law, namely the principleof justice associated with the problems studied.From the research results, there are three main things that can be concluded: First, regarding thelegal position of evidence in the crime of sexual harassment in the Indonesian criminal justicesystem, it plays an important role. what the defendant has done. Two ideal forms of arrangementregarding the legal position of proof in the crime of sexual harassment in the Criminal Courts inIndonesia are if it is not accompanied by a crime and other evidence that does not meet thestandards in Article 184 of the Criminal Procedure Code. Code, then the proof is useless.Indonesia still adheres to negative evidence by requiring that two pieces of evidence must bepresented in court, and this is difficult to prove in crimes of sexual violence. Therefore, the authoris of the opinion that especially with the crime of sexual violence there is no need to pay attentionto two pieces of evidence, the witness-victim testimony is the key and the perpetrator's lie detectortool is one of the expert statements.Keywords: Legal Standing, Evidence, Sexual Harassment, Criminal Justice
REFORMULASI KEBIJAKAN HUKUM PIDANA TERHADAP PENGAWALAN AMBULANS OLEH KOMUNITAS PENGAWAL AMBULANS DI INDONESIA Johannes Jum Joghi Pangaribuan; Maria Maya Lestari; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Priority vehicles as regulated in article 134 of the Road Traffic and Transportation Law must beescorted by the authorized party, namely the police. However, in practice it is very rare to find anambulance escort by the police. This then gave birth to a sense of community concern to form anambulance guard community in Indonesia. However, this reaps the pros and cons in society and alsocontradicts the positive law in force in Indonesia. The purpose of writing this thesis, namely: First, to findout the urgency of forming an ambulance escort community. Second, to find out the arrangements forescorting ambulances in Indonesian criminal law. Third, to find out the reformulation of criminal lawpolicies against ambulance escorts in the future.This research is classified into this type of research which is normative legal research or can alsobe called doctrinal legal research. Normative legal research is library law research. In this normativeresearch the authors conducted research on legal principles. Research on legal principles, namelyresearch conducted on legal principles which are benchmarks for behaving or behaving appropriately orinappropriately. This research is descriptive analysis in nature, namely describing and analyzing theproblems raised which aim to describe concretely the reformulation of criminal law policies againstambulance escorts by the ambulance escort community in Indonesia.From the results of the research and discussion it can be concluded that, first, the ambulance escortcommunity was born in the midst of anxiety and empathy from community groups who care about priorityvehicles in emergencies such as fire engines and ambulances that are stuck in a traffic jam without anyescort; secondly, in the current Indonesian criminal law, it is stipulated that only the police, in this casethe traffic police, have the right to escort priority vehicles including fire engines and ambulances; third,there needs to be an effort to reformulate or renew criminal law, namely creating a codification ofcriminal law to further regulate the escort of ambulance vehicles by the community and create legalcertainty.Keywords: Reformulation-Criminal Law Policy-Ambulance Escort
TANGGUNG JAWAB NEGARA TERHADAP PEMENUHAN HAK KESEHATAN JIWA DI MASA PANDEMI COVID-19 DALAM PERSPEKTIF HAK ASASI MANUSIA Rani Rinaldi; Dodi Haryono; Muhammad A. Rauf
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Fulfillment of mental health rights before the pandemic still had problems that had notbeen resolved by the government, until the emergence of the Covid-19 pandemic mental healthincreasingly did not receive the government's attention, causing significant problems. Laws andregulations that legitimize that mental health is health that must be considered like physicalhealth, have not been sufficiently implemented because the government has not made mentalhealth a top priority in handling a pandemic.This type of research can be classified as normative research, because in this study theauthor examines legal theories and principles and examines literature based on legalsystematics. Sources of data used, primary data, secondary data and tertiary data. Datacollection techniques in this research with literature studies found general concepts related toresearch problems.From the research results there are three main things that can be concluded. First, theright to get fulfillment of mental health during the Covid-19 pandemic is a guarantee that cannotbe released and is the responsibility of the state. Second, the mental health law is considered tostill have limited regulations regarding the fulfillment of mental health rights during the Covid-19 pandemic. Third, there needs to be a change in the rules because ideally a law and regulationalways experiences continuous development. Author's suggestion, First, the government needs tocarry out mental health management in a planned manner to thoroughly evaluate theimplementation of mental health rights during the Covid-19 pandemic. Second, the governmentin its active character needs to be required to carry out governmental tasks in accordance withthe authority it has.Keywords: State responsibility - Mental Health - Covid-19 Pandemic - Human Rights
TANGGUNG JAWAB MENARA STAR TOUR DAN TRAVEL TERHADAP PENGEMBALIAN DANA PENUMPANG PESAWAT YANG BATAL BERANGKAT KARENA PANDEMI COVID-19 Agnes Bella Bonika; Hayatul Ismi; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

One of the public transportation sectors affected by the COVID-19pandemic is air transportation. Many cities or countries have imposed a lockdownor social distancing system in their area, resulting in almost all flights beingcancelled. This is what causes many prospective passengers to cancel theirdeparture, and there are reports that there have been no refunds or delays inrefunding airplane tickets by airline ticket agents to their customers. Of course,this phenomenon causes the rights of passengers as consumers to not be fulfilled.The purpose of this thesis research is to examine, first, the responsibility of travelagents for canceling passenger plane tickets during the COVID-19 pandemic.Second, the obstacles and efforts of travel agents in carrying out theirresponsibilitiesThis type of research can be classified as sociological-juridical research.With a research location at the Travel Agent Office, Menara Star Tour & Travelis on Jalan Wahid Hasim, Pekanbaru. While the population and sample areparties related to the problem under study. This study used primary andsecondary data sources, and data collection techniques were carried out throughinterviews and a literature review.The results of the research conducted by the author are: First, when aplane ticket cancellation has been made, the Star Tour and Travel Tower will beresponsible for all refunds for plane tickets that have been traded to consumers.There are at least 10 (ten) people who have received flight ticket refunds in theform of cash returns of 100% of the plane ticket price. The airline providesresponsibility by returning 100% of the ticket price value in the form of a voucherand also applying normal regulatory refunds in cash, but with a stated time limit.Second, the obstacles experienced by Menara Star Tour and Travel in returningairplane tickets are due to several factors, namely airline policies, Income thatmust be returned, time required, and the system used. To overcome theseobstacles, Menara Star Tour and Travel has several solutions, such as ensuringthat the refund process is carried out quickly and accurately; providing clear andopen communication to consumers; solving the problem as soon as possible; andproviding responsive customer service.Keywords: Responsibility - Refund - Airline Passengers
KAJIAN HUKUM TENTANG EFEKTIVITAS PENGATURAN MASYA- RAKAT HUKUM ADAT MENGENAI PERLINDUNGAN HAK-HAK TRADISIONAL DALAM PERSPEKTIF HAK ASASI MANUSIA DI INDONESIA Dicky Wahyudi; Emilda Firdaus; Muhammad A. Rauf
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

One of the implementations of people's sovereignty is the implementation of theprotection of the traditional rights of indigenous and tribal peoples based on humanrights, abbreviated as HAM. Indonesia is known as a nation rich in customs and culture.The existence of indigenous peoples who have even existed since before the unitarystate of the Republic of Indonesia existed, it is still difficult to get recognition andprotection, including protecting their customary territories.This type of research can be classified into normative research, namely findingthe truth of coherence, that is, are there legal rules according to legal norms and arethere norms in the form of orders or prohibitions that are in accordance with legalprinciples and whether a person's actions are in accordance with legal norms or in legalresearch called research on legal principles (not just in accordance with the rule of law)or legal principles.From the results of the research problem there are two main things that can beconcluded. First, the regulation on the protection of indigenous peoples is a legal policyin an effort to protect the human rights of indigenous peoples made by the Governmentin the form of laws and regulations based on philosophical, sociological and juridicalaspects, but the current ones are not optimal and in accordance with Pancasila and whatis aspired to. by the 1945 Constitution of the Republic of Indonesia.,. Second, the idealconcept of legal politics to protect the rights of indigenous peoples based on humanrights principles is to harmonize and synchronize existing laws and regulations becausethe political law to protect the rights of indigenous peoples in the regions does not yethave clear regulations. The author's suggestion is First, the President together with theDPR must immediately pass the Draft Law on indigenous peoples so that the legalcertainty for the recognition of indigenous peoples is more secure. Second, the NationalLegal Development Agency must review the laws and regulations governing indigenousand tribal peoples so that there are no multiple interpretations of the rights of indigenousand tribal peoples so that there are no more crimes against the human rights ofindigenous and tribal peoples committed by entrepreneurs using instruments.Keywords: Keywords: -Customary Law Society, -Legislation, -Legal Politic
PENEGAKAN HUKUM TERHADAP PENJUALAN PAKAIAN BEKAS IMPOR DI KOTA SIDIKALANG KABUPATEN DAIRI SUMATERA UTARA Doni Novrian Kudadiri; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Export-Import including in economic activities or actions that are usefulfor advancing the economy of a country, many parties are involved and bothbenefit, both profits from sales and profits from fulfilling needs. Remember thatuse clothes import used very potentially endanger health and body Publicespecially consumer clothes used import so that no safe for used and utilized byconsumers , on the other hand clothes used import could hinder growth industrytextiles in country , then government Secrete regulation about ban import clothesused by Minister Trading through Regulation Minister Trading Republic ofIndonesia Number 51/M-DAG/PER/7/2015 Concerning Ban Import Clothes Used, in Article 2 mentions “ clothes used prohibited for imported to in territory of theUnitary State Republic of Indonesia”.Purpose conducted study this namely: First, for know implementationenforcement law to sale clothes used import . Second, know obstacle inenforcement law to sale clothes used import . Third, knowing efforts made _ forresolve obstacle in enforcement law sale clothes used import . Type study lawused _ writer is type study law sociological . Study sociological this is typereviewed research _ from legal purposeResults from the research conducted is that Law Enforcement AgainstImported Used Clothing Traders in Sidikalang City so far has only beensocialized to imported used clothing traders by the Department of Industry andTrade of Dairi City without following up on these used clothing traders, theobstacles experienced in carrying out law enforcement are the absence of CivilServant Investigators, the lack of awareness and concern for the communitytowards the law, the trade of imported used clothing has become entrenched, andthe geographical location of the city of Sidikalang. Author 's Suggestion , Firstvery need exists efforts to socialize not only to traders of imported used clothingbut also to the general public about the dangers and the resulting impacts useclothes used . Second, PPNS is very needed for coordinate with apparatusenforcer law others related trading clothes used the so that could followed up inthe legal process in force . Third, necessary exists something supervising agency _trading clothes used created imports _ by government area local so that Thingthis can zoom out circulation sale clothes used import .Keywords : Traders , Apparel Used Import , Socialization

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