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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Law, Crime, Criminology & Criminal Justice
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Articles 2,579 Documents
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UPAYA LEMBAGA ADAT BATAK DALIHAN NATOLU DALAM PENCEGAHAN KEKERASAN PADA ANAK DALAM KELUARGA DI KECAMATAN PANDAN KABUPATEN TAPANULI TENGAH Conny Ofta Tiani Br Tompul; Erdianto Erdianto; 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

Children are often victims of violence so that family has a very important role for children, because inessence of the family is the first place for children to acquire knowledge, mental development, and personalityformation, while the purpose of this research is to see the efforts of the Dalihan Natolu Batak TraditionalInstitute (LABDN) in preventing violence against children in the family. The customary law that applies, namelyDalihan Natolu, is a cultural system in which for the Batak people the values it contains are used as a way oflife and at the same time a source of motivation for behavior.The type of legal research used by the author is a sociological legal research. Sociological law researchis research that wants to see the correlation between law and society, so as to be able to reveal the effectivenessof the enactment of law in society. The research location was conducted in Pandan District, Central TapanuliRegency. Sources of data used are primary data and secondary data, data collection techniques in this study arequestionnaires, interviews, and literature review, and concluded with a deductive thinking method.From the results of this study it was concluded that First, efforts were made to socialize to the communityabout violence against children, working with traditional elders to apply local wisdom values, giving customarysanctions to perpetrators of violence against children. Second, the obstacles experienced by thecommunity/families are not reporting, the view that violence is for educating children, regional conditions andlack of budget.The author's suggestion is that the government should pay more attention to the existence of the DalihanNatolu Batak Traditional Institution, special institutions dealing with children are able to work together withtraditional institutions to jointly prevent child abuse and everyone should care more about the existence ofchildren so that they are wiser in educating children.Keywords : Dalihan Natolu Batak Traditional Institute – Prevention -- Violence of children
REFORMULASI SANKSI PIDANA DISKRIMINASI RAS DAN ETNIS DI INDONESIA Irfan Ariski; Syaifullah Yophi; 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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Law Number 40 of 2008 concerning the Elimination of Racial and EthnicDiscrimination, actually the law against acts of racial and ethnic discrimination can preventand accommodate a person. In practice, cases of racial and ethnic discrimination haveincreased every year. In data taken from the National Commission on Human Rights (KomnasHAM), there were at least 188 complaints. Where in 2021 there were 44 complaints.Therefore, as an effort to tackle increasing racial and ethnic discrimination, and reflecting onthe Albanian state and the importance of creating a new paradigm, it is necessary toreformulate criminal sanctions as stipulated in Article 16 of Law Number 40 of 2008concerning Elimination of Racial and Ethnic Discrimination to present laws that are moreappropriate in responding to the needs of modernization. The purpose of this research was tofind out the arrangement and application of racial and ethnic discrimination criminalsanctions in the Indonesian legal system, as well as to form the idea of reformulation ofappropriate sanctions against racial and ethnic discrimination crimes in Indonesia..This research is normative legal research supported by secondary data, carried out bymaking library materials the main focus. Also called doctrinal legal research, namely legalresearch that uses data based on library research by taking quotes from reading books, orsupporting books that have something to do with the problem to be studied. Thus, this studyuses secondary data sources consisting of primary, secondary, and tertiary legal materials.This study also uses qualitative data analysis and produces descriptive data.From the results of the discussions and research conducted, several conclusions wereobtained, namely: First, the provisions and sanctions for criminal discrimination asstipulated in Article 16 of Law Number 40 of 2008 concerning the Elimination of Racial andEthnic Discrimination are no longer implemented and do not consider the impact ofpsychological violence that can be worse than physical violence and is still very weak whencompared to other countries such as the Republic of Albania and the United States. In theend, the existing sanctions become an obstacle in projecting law as a social engineering toolthat is just and beneficial to society. In practice, this has created a gap between das sollenand das sein in the application of racial and ethnic discrimination criminal sanctions inIndonesia. Second, the reformulation of criminal sanctions in the form of limiting sanctionsand adding criminal sanctions to imprisonment and fines, as well as the existence oftreatment and/or treatment in the form of rehabilitation is an idea that was prepared bytaking into account the outlook on life, awareness and legal ideals, as well as the philosophyof the Indonesian nation which originates from Pancasila and Preamble to the 1945Constitution of the Republic of Indonesia.Keywords: Ideas - Criminal Sanctions – Racial and ethnic discrimination
PENGARUH SOSIAL EKONOMI DALAM PERLINDUNGAN HAK PEMEGANG INDIKASI GEOGRAFIS (STUDI KASUS KOPI ARABIKA SUMATERA LINTONG DI KABUPATEN HUMBANG HASUNDUTAN PROVINSI SUMATERA UTARA) HANDIKO PRASETIO SITUMORANG; Rika Lestari; Ulfia Hasanah
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

Geographical Indications are part of Intellectual Property which is the main drivingfactor for a country's economic development. This Geographical Indication Protection Objectincludes Natural Resources, handicraft products, industrial products owned by an area but notowned by other regions in the Territory of the Unitary State of the Republic of Indonesia. Thistype of protection for Geographical Indications has the peculiarity of other IntellectualProperty Rights Protection, which is characterized by communal ownership and usuallyidentifies the area as its trademark. In writing this thesis, the author tries to examine the Socio-Economic Influence on the Protection of the Rights of Geographical Indications of SumatraLintong Arabica Coffee.The objectives of writing this thesis are: first, to find out the Socio-Economic Effects inProtecting the Rights of Geographical Indications of Sumatra Lintong Arabica Coffee inHumbang Hasundutan Regency. Second, to find out the Efforts That Can Be Taken in Obtainingthe Protection of the Rights of Geographical Indications. The research method in this thesisuses a type of sociological legal research, namely research on the effectiveness of laws that livein society. The nature of this thesis research is research descriptive which describessystematically, the facts and characteristics of the object studied appropriately. The data sourceused is the data source first, seconds and tertiary, the data collection technique in this studywas by interview method, and literature review, then after the data was collected, it was thenanalysed to draw conclusions.Based on the results of the research, the first conclusion can be drawn. The socio-economic impact that occurred on the coffee farmers of the Sumatran Lintong Arabica CoffeeObserver Community (maspekal) as the owner of the right to the geographical indication ofSumatera Lintong arabica coffee is a change in people's lives from previously woodendwellings to semi-permanent and permanent, changes to agricultural management frompreviously only simple tools and using machine tools to help improve farming care and yields,especially coffee. Second, violations committed intentionally and unintentionally must bepursued by legal remedies to prevent further losses to the Sumatra Lintong Arabica CoffeeObserver Community in accordance with Law Number 20 of 2016 concerning Marks andGeographical Indications.Keywords: Geographical Indication-Legal Protection-Legal Remedies.
ANALISIS YURIDIS PENERAPAN SANKSI PIDANA TERHADAP PELAKU PEMBAKARAN LAHAN DALAM BEBERAPA PUTUSAN HAKIM DIKAITKAN DENGAN ASAS KEADILAN Maysarah Maysarah; Evi Deliana; 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 act of burning land is prohibited under article 69 paragraph (1) letter h of Law No.32 of 2009 concerning Environmental Protection and Management, article 56 paragraph (1) ofLaw No. 39 of 2014 concerning Plantations, and articles 187 and 188 of the Criminal Code. Thecriminal act of burning land does not look at the area of land that has been burned, even thoughit is only a narrow size, the perpetrators can already be punished. In practice, as long as there isa fire that burns the land, it is a criminal act. And arrests were made immediately regardless ofthe area of land burned, the status of the perpetrators and the culture of the community. Thejudge decided to follow the consideration of the public prosecutor. In the case of burning, issue680/Pid.B-LH/2019/PN Rhl on behalf of Mujito, issue number 631/Pid.B-LH/2019/PN Rhl onbehalf of Muhammad Fauzi and issue number 29/Pid.B-LH/2019 /PN Rhl on behalf of Muarnialias Ujang Kulal Bin Kulal. Arson occurred in the same area, the public prosecutor was thesame and was decided by the same judge but the sentences were different.The purpose of this study is to find out how the application of criminal sanctions toperpetrators of land burning crimes. and how the laws and regulations against the perpetratorsof land burning. This research is structured using the type of normative juridical research,namely research that formulates the application of the principles or norms in positive law. Theapproach used is a normative approach, namely library law research.The judge decided to follow the consideration of the public prosecutor. In the case ofburning, issue 680/Pid.B-LH/2019/PN Rhl on behalf of Mujito, issue number 631/Pid.B-LH/2019/PN Rhl on behalf of Muhammad Fauzi and issue number 29/Pid.B-LH/2019 /PN Rhlon behalf of Muarni alias Ujang Kulal Bin Kulal. There was burning in the same area but thepunishment was different. That the imposition was based on the consideration of the publicprosecutor. And the public prosecutor determined the indictment based on the objectives of theperpetrators of the land burning and the status of land ownership. regardless of the area ofburned land, the type of burnt land, burned plants and community customs. Weaknesses in thelaws and regulations related to the criminal act of burning land are contained in the Legislationcontained in the removal of the prohibition of "clearing land by burning" which does not explainin detail how much land is burned in order to ensnare the perpetrators. So that anyone whocauses a fire in the field can be punished.Keywords: Land Burning - Justice - Criminal Sanctions
EKSEKUSI RIIL SENGKETA TANAH ANTARA PT. JONDUL JAYA SAKTI CABANG PEKANBARU DENGAN PIHAK TAHREL DI PENGADILAN NEGERI PEKANBARU Desy Aulia Ulfa Siregar; Mardalena Hanifah; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Abstract

In carrying out a decision (execution), in essence, the losing party oftendoes not want to carry out the decision voluntarily, so that the implementation ofthe judge's decision is carried out by coercion (real execution) by the executingparty with the help of public forces such as the police and even the military. Realexecutions carried out by courts often encounter resistance from executed partieswho do not accept the judge's decision. So many factors can hinder the execution.The land dispute case between the Tahrel Party and PT. Jondul Jaya SaktiPekanbaru Branch has passed all stages of the trial starting from the FirstSession, Appeal, Cassation, even to the extraordinary judicial review. The Court'sdecision stated that the land was the property of Tahrel, but the PekanbaruDistrict Court did not carry out the execution of the land on the grounds thatthere was a lawsuit from a third party.The type of legal research is sociological, which in this research is carriedout by going directly to the field to collect primary data through interviews withthe parties involved in this case, namely the lawyers of PT. Jondul Jaya SaktiPekanbaru Branch, Tahrel, Registrar of the Pekanbaru District Court and Bailiffof the Pekanbaru District Court. This research uses a descriptive method. Thenature of this research is descriptive.The results of this study are the inhibiting factors for the real execution ofland disputes between PT. Jondul Jaya Sakti Pekanbaru Branch with Tahrel atthe Pekanbaru District Court were the losing parties (PT. Jondul Jaya SaktiPekanbaru Branch) resisted with a lawsuit from a third party. The executioncould not be carried out because it was still waiting for a lawsuit decision from athird party. Efforts made in overcoming the inhibiting factors for the execution ofreal land disputes between PT. Jondul Jaya Sakti Pekanbaru Branch with theTahrel Party at the Pekanbaru District Court, namely the winning party (Tahrel)submitted an application for forced implementation of the Judge's decisionthrough the competent District Court. Tahrel submitted a request for re-executionto the Head of the Pekanbaru District Court to carry out the execution for theumpteenth time, namely the first on 18 July 2019, the second 28 July 2019 and thethird 5 August 2019.Keywords: Real execution, land dispute, Pekanbaru District Court
PROBLEMATIKA PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA PERDAGANGAN ORANG SEBAGAI KEJAHATAN TERORGANISIR TRANSNASIONAL OLEH DIREKTORAT RESERSE KRIMINAL UMUM KEPOLISIAN DAERAH RIAU Rullyansyah Qotni Putra; Erdiansyah Erdiansyah; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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The regulation of human trafficking has been regulated in the Law Number 21 of 2007concerning the Eradication of the Crime of Human Trafficking. However, the efforts of theIndonesian government in implementing various policies to combat and prevent cases ofhuman trafficking do not reflect as we expected. This problem is derived that’s faced by theinvestigator when carrying out investigative activities in the field. The main issues in this studyare: How are the implementations of law enforcement against the perpetrators of the crime ofhuman trafficking as a Transnational Organized crime by the Directorate of General CriminalInvestigation of the Riau Regional Police; What are the obstacles and law enforcement effortsagainst the perpetrators of the crime of human trafficking as a Transnational Organized Crimeby the Directorate of General Criminal Investigation of the Riau Regional Police.This type of research is sociological legal research conducted at Sub Directorate IV ofthe Directorate of General Criminal Investigation of the Riau Regional Police. The datasources used are primary data and secondary data. Data collection techniques were carriedout by interviews and literature review. The data were analyzed qualitatively which produceddescriptive and meaningful data using deductive thinking methods.The results of this research are law enforcement against the perpetrators of humantrafficking has been divided into preventive and repressive manner. Example preventive lawenforcement efforts are in the form of counseling, outreach, seminars or outreach to the public.Meanwhile repressive law enforcement begins with investigative activities. Obstacles in thisimplementation are: the local communities being secluded and does not want to cooperate withthe investigators; Strategic location of Riau Province; Limited investigative budget;Inadequate facilities and infrastructure; Lack of human resources in Sub Directorate IV of theRiau Regional Police's Criminal Investigation Unit. Efforts that can be made to overcome theseobstacles are: Making a humane approach towards local community; Conduct an outreachand socialization efforts to the community; Establishing cooperation by making memorandumof understanding with related agencies; Submission of budget proposal; Proposing assistancein terms of additional facilities and infrastructure to support investigative and investigativeactivities; Proposal to involve investigators to attend training, courses, further educationKeywords: Trafficking in Persons – Investigations – Organized Crime
Tinjauan Yuridis Terhadap Sidang Praperadilan Berdasarkan Undang-Undang Nomor 8 Tahun 1981 Tentang Hukum Acara Pidana Abraham Desaloka S; Mexsasai Indra; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Talking about criminal law often makes people imagine everything that is evil, dirtyand full of deception. When people talk about criminal law, what comes to mind is theeradication of crime by the police, prosecutors and judges. The criminal justice system isdiscussed in the criminal justice procedural law regulated in Law Number 8 of 1981. However,in legal practice the suspect's right to take legal action in the pretrial process may not begranted by the legal authorities on the grounds that the main case has been transferred to court. And the unprofessionalism of law enforcers makes it difficult for pretrial hearings to realizepretrial as an effort to defend the rights of a suspect. The impact of the weaknesses in theexisting rules in the pretrial court case process has resulted in futile law enforcement by legalsubjects in defending their rights. So that new regulations are needed that can guarantee thatthe pretrial hearing process can run so that suspects get legal certainty.This research uses the type of normative juridical research, namely research that isfocused on examining the application of the rules or norms in law to legal principles. The datacollection technique used in this study was a literature study. The approach used in this studywas to use a normative approach, namely library law research.The results of the research conducted by the author are first, making rules regardingthe pretrial case delegation process can be said to be important, this is because in pretrialhearings there are many violations committed by law enforcers such as delaying attendance ofpretrial hearings, then rushing cases principal to court with the aim of aborting the ongoingpretrial. Second, in the process of determining suspects carried out by law enforcement, therewere many violations that were not in accordance with the criminal procedure law and alsomany violations of the code of ethics of the law enforcers themselves.Keywords; Pretrial-Criminal Procedural Law
REFORMULASI TERKAIT DENGAN PASAL 2 UNDANG-UNDANG NOMOR 21 TAHUN 2007 TENTANG PEMBERANTASAN TINDAK PIDANA PERDAGANGAN ORANG DALAM PEMBAHARUAN HUKUM POSITIF DI INDONESIA Vira Andina Putri; Mukhlis R; Sukamarriko Andrikasmi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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In Article 2 of Law Number 21 of 2007 concerning the Eradication of theCrime of Trafficking in Persons, it contains a minimum criminal sanction of 3(three) years which is deemed not to fulfill a sense of justice considering thatvictims experience violence which has an impact on the physical and psychologicalas well as morals of victims, moreover the majority victims are women and childrenwho incidentally are weak people. Therefore, as an effort to combat trafficking inpersons which is increasing and the importance of giving birth to a formulationthat is in accordance with the needs of the community, it is necessary to carry outreformulations related to criminal sanctions for trafficking in persons which arecontained in Article 2 Paragraph 1 Law Number 21 of 2007 concerningEradication of the Crime of Trafficking in Persons to present a law that is moreappropriate in responding to the modernization needs of society. The purpose ofthis research was to find out the arrangements and application of criminalsanctions for the Crime of Trafficking in Persons in the Indonesian legal system, aswell as forming ideas reformulation of appropriate sanctions against the Crime ofTrafficking in Persons.This research method is normative legal research. It is also called doctrinallegal research, namely legal research that uses data from literature that is relatedto the problem under study. Thus this study uses secondary data sources consistingof primary, secondary, and tertiary legal materials.From the results of the research conducted, several conclusions can bedrawn, namely, First, the perspective of the judge in imposing criminal sanctionsconsiders 2 (two) factors. Second, the ideal sanction in the crime of trafficking inpersons is to increase criminal sanctions in the form of imprisonment and finesaccording to how much influence the perpetrator has over this crime.Keywords: Reformulation – Criminal Sanctios – Trafficking in Persons
PEMBATALAN SEPIHAK OLEH PEMBELI DALAM SISTEM BAYAR DI TEMPAT MELALUI E-COMMERCE DI BIDANG PESAN MAKANAN ONLINE DI KOTA PEKANBARU Wigar Johan Hezekia; Firdaus Firdaus; Meriza Elpha Darnia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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E-Commerce is an online buying and selling transactionvia the internet. E-commerce can be accessed through a website orthrough an application. And the various payment methods offered,can be via account transfer, via electronic money and also with theCash on Delivery (COD) payment system. In its implementation,buying and selling transactions online creates problems. Theproblem that occurs is the unilateral cancellation made by the buyerto the merchants so that the merchants suffers a loss. The purpose ofwriting this thesis: First, to find out the arrangements for unilateralcancellation by the buyer in the on-site payment system via e-commerce in the field of online food ordering in the city ofPekanbaru according to the Civil Code. Second, what are theefforts so as not to harm business actors for unilateral cancellationsby buyers in the on-site payment system via e-commerce in the fieldof online food ordering in the city of Pekanbaru.This type of research used in legal research is sociologicallegal research. Where, this research takes an approach by lookingat legal facts and facts in a society in the city of Pekanbaru. Analysisof the data used is the author to analyze data qualitatively.The research results show that unilateral cancellationsmade by buyers cause losses to business actors. This is because themerchants has carried out his obligations but he does not receivepayment. According to the Civil Code, merchants can file a lawsuitagainst buyers who cancel unilaterally. However, the business actordid not file a lawsuit against the buyer. But merchants submitcompensation to e-commerce.Keywords: Unilateral Cancellation – E-Commerce – Cash On Delivery
ANALISIS YURIDIS PENERAPAN PASAL 112 AYAT (1) DAN AYAT (2) DIKAITKAN DENGAN PENERAPAN PASAL 127 AYAT (1) HURUF A, AYAT (2), DAN AYAT (3) UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA DALAM MEMBERIKAN KEPASTIAN HUKUM DI INDONESIA Jhon Nover Siburian; Mukhlis R; Syaifullah Yophi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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The criminal provisions in the current narcotics law, namely Law number 35 of 2009, it isclosely related to the formulation of actions committed by someone in connection with these narcotics.Penal provisions began to be regulated in CHAPTER XV from Article 111 to Article 148 of Law No.35 of 2009 . In narcotics cases, there are several articles that are often used to ensnare perpetrators,one of which is Article 112 and Article 127 paragraph (1) letter a of Law No. 35 of 2009 concerningNarcotics. The two articles, which have multiple interpretations and unclear formulation, namelyArticle 112 and Article 127 paragraph (1) letter a of Law No. 35 of 2009 concerning Narcotics.The objectives in writing this thesis are: First , to find out the judge's considerations in applyingArticle 112 and Article 127 of Law Number 35 Years 2009 About Narcotics. Second, To find out LegalCertainty in the Application of Article 112 and Article 127 of Law Number 35 Years 2009 AboutNarcotics. The type of research used in this research is normative legal research. In this normativeresearch the authors conducted research on legal principles .From the results of the study it was found that the judge's judgment in applying Article 112 andArticle 127 of Law Number 35 Year 2009 concerning Narcotics is that the judge's decision in acriminal case of narcotics abuse is not always the same, even in the same case the results of thedecisions are different, this is what is referred to as a disparity decision, where the judge decides onthe same case but with a different decision . Legal certainty in Article 112 and Article 127 of theNarcotics Law it can be said that the articles it still does not provide a legal certainty. it is becauseredaction of articles that are still multi-interpreted and contain double meanings. Author'sSuggestion, First, It is hoped that the panel of judges will give more consideration to therehabilitation aspect for narcotics users (not dealers) compared to prison sentence decisions becausethe obligation of rehabilitation is more needed for narcotics addicts . Second, make changes to theNarcotics Law, especially to Article 112. This change is really needed considering the increasingnumber of perpetrators narcotics crime that should have been charged with Article 112 but wascharged using Article 127 .Keywords: Narcotics-Legal Certainty- Criminal Acts

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