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INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 2,579 Documents
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PELAKSANAAN KEWENANGAN DINAS PEKERJAAN UMUM DAN PENATAAN RUANG TERHADAP PRESERVASI JALAN BERDASARKAN PERATURAN WALIKOTA PEKANBARU NOMOR 94 TAHUN 2016 TENTANG KEDUDUKAN, SUSUNAN ORGANISASI, TUGAS DAN FUNGSI SERTA TATA KERJA DINAS PEKERJAAN UMUM DAN PENATAAN RUANG KOTA PEKANBARU Wiraya Aidiliya Utama; Zulfikar Jayakusuma; Junaidi Junaidi
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

Article 19 Paragraph (2) of Pekanbaru Mayor Regulation Number 94 of 2016 states that thetask of the road and bridge preservation section is to preserve roads and bridges in order tomaintain steady road conditions in accordance with the level of service and ability when theroad is built and operated. However, it is still not applied, especially on roads in PekanbaruCity which is the authority of the Pekanbaru Public Works and Spatial Planning Office incarrying out road preservationThis type of research is sociological legal research, because it is based on field research,namely by collecting data from interviews, questionnaires, and literature reviews that have arelationship with the problem to be studied assisted by primary, secondary and tertiary dataThis research was conducted in the Regional People's Representative Council of PekanbaruCity, Public Works and Spatial Planning Office of Pekanbaru City, while the population andsample are all parties related to the problem studied. This study used qualitative data analysisand produced descriptive data.It can be concluded that, First, the Implementation of the Authority of the Public Works andSpatial Planning Office of Pekanbaru City on Road Preservation Based on Pekanbaru MayorRegulation number 94 of 2016 has not performed its duties well in the road preservationprogram Second, the inhibiting factors for the implementation of the authority of thePekanbaru City Public Works and Spatial Planning Office on Road Preservation based onPekanbaru Mayor Regulation number 94 of 2016 are poor drainage factors, weather factors,WWTP (Wastewater Management Plant) project factors, human resource factors and budgetfactors. Third, efforts made to overcome inhibiting factors are to preserve roads in PekanbaruCity regularly, improve drainage on damaged roads, and supervise the implementation of themayor's regulation.Keywords: Authority-Mayor Regulation-Road Preservation
PENEGAKAN HUKUM OLEH KEPOLISIAN RESOR PADANG LAWAS TERHADAP PEMERASAN YANG DILAKUKAN PREMAN Irma Laras Wati; Davit Rahmadan; 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

Incidents of extortion on the road still frequently occur, causing distress tothe community that traverses the Trans-Sumatra Highway in Padang LawasRegency. In this regard, the participation of the Padang Lawas District Police isgreatly needed to address extortion crimes in Padang Lawas Regency, ensuringthat the passing community feels safe and implementing preventive measures toprevent the recurrence of extortion crimes in Padang Lawas Regency.This type of research can be classified into the type of sociologicalresearch which is carried out by direct research at the place being studied toprovide a complete and clear picture of the problem under study. This researchwas conducted at the Padang Lawas District Police, while the population and thesample were parties related to the problems studied in this study, the data sourcesused were; primary data, secondary data, and tertiary data, data collectiontechniques in this study by interviews, questionnaires, and literature study.From the results of this research there are three main things that can beconcluded. Firstly, law enforcement by the Padang Lawas District Police againstextortion committed by thugs has not been carried out properly and effectively.Secondly, the obstacles faced by the Padang Lawas District Police in enforcingthe law against extortion committed by thugs are due to factors such asinadequate infrastructure or facilities to support law enforcement, communityfactors, and a shortage of personnel in the Padang Lawas District Police. Third,the efforts made by the Padang Lawas District Police in overcoming obstacles tolaw enforcement extortion by thugs are utilizing personnel by carrying out goodcooperation between personnel at the Padang Lawas District Police, coordinatingwith government institutions and the community, and conducting legaloutreach/socialization to the public. The author's suggestion, First, is that thePadang Lawas District Police be able to carry out more solid cooperation andcoordination with government institutions and the community. Secondly, thePadang Lawas District Police should maximize patrols and reporting systems.Thirdly, the Padang Lawas District Police and the Padang Lawas Regency LocalGovernment are expected to develop programs to address the underlying causesof extortion carried out by thugs.Keywords: Law Enforcement - Extortion - Committed by Thugs
Relevansi Undang-Undang Tindak Pidana Pencucian Uang Dalam Menghadapi Kejahatan Pencucian Uang Di Era Digital Alfa Syahda; EVi Deliana HZ; Davit Rahmadan
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

Money laundering crimes are included as white-collar crimes because theprocess of this crime is generally not carried out by ordinary people, but byintellectuals, bureaucrats, corporates, officials, politicians and criminal actorswho rely more on intellectual abilities. In writing, the author focuses on therelevance of the Law on Money Laundering in the Face of Money LaunderingCrimes in the Digital Age. The purpose of writing this thesis is first to find out therelevance of the law on money laundering in dealing with patterns of moneylaundering crimes in the current digital era. The second is to find out the idealarrangement for money laundering crimes in dealing with money launderingcrimes in today's digital era.The author conducted research using normative juridical methods orliterature studies in order to obtain secondary data through documentary studies,namely by studying and analyzing descriptively comparative laws and regulationswith theories that have a relationship to the problems studied.From the research results, there are two main things that can be concluded.First, Law no. 8 of 2010 concerning the Prevention and Eradication of MoneyLaundering Crimes has not explicitly regulated the tracking and confiscation ofthe assets of the predicate crime as well as the proceeds of money launderingusing Cryptocurrency facilities, the second is the Ideal Arrangement for MoneyLaundering Crimes in the Face of Crime Money Laundering in the Digital Era Itis necessary to reconstruct Indonesian Criminal Law by including, among otherthings, the confiscation and confiscation of proceeds and instruments of crime ina law.The author's suggestion, in this study, is to suggest that Law EnforcementOfficials (APH) make improvements to Law Number 8 of 2010 on restrictions onnon-criminal money laundering by adding rules related to money launderingwhich is carried out using digital currencies such as cryptocurrencies andcurrencies. other digital services so that law enforcement against moneylaundering crimes in this digital era can provide legal certainty.Keywords: Crime, Money Laundering, Digital Era
TINJAUAN MENGENAI TINDAK PIDANA PELECEHAN SEKSUAL DALAM SISTEM PERADILAN PIDANA DI INDONESIA DIKAJI DARI PERSPEKTIF GENDER M. Arief Deka Rizqi; Erdianto Erdianto; Davit Rahmadhan
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

As a follow-up to the incomplete regulations, the government passed Law No. 12 of 2022concerning Crimes of Sexual Violence which in the Act does not limit the perpetrators or victims.This means that harassment by men against women and vice versa or by men against men and viceversa is still considered an act of sexual violence . Even so, we cannot close our eyes that sexualharassment and violence against men does exist and needs to be eradicated just like sexualviolence against women .The purpose in writing this thesis, namely: First , To Know Formulation of the Crime ofSexual Harassment in the Criminal Justice System Reviewed From a Gender Perspective . Second,To know Criminal Law Policy Against Countermeasures Gender Based Sexual Harassment .Type research used in study This is study law normative . In study normative This writer dostudy to principles of law .From the results of the study it was found that the formulation of the crime of sexualharassment in the criminal justice system in Indonesia, especially against men, is in Article 5 andArticle 6 of the TPKS Law where the main punishment can be in the form of imprisonment andspecial rehabilitation, and additional punishment can be in the form of compensation, deprivationprofits derived from criminal acts, social work, special coaching, revocation of parental rights,revocation of political rights, and revocation of the profession. This form of punishment provides ahigher burden of deterrent effect. Not only sentenced to prison, but also other additional crimesthat are also more burdensome. Legal Policy criminal action against gender-based sexualharassment efforts is through the means at outside of criminal law ( non-penal policy ), namely inthe form of preventive measures such as provide an understanding of gender-based harassment byorganizing special classes, such as Weekend Class . This should be a crime prevention effort whoare at the forefront, because as the saying goes that prevention is better than cure.Author's suggestion, First, the Law on Sexual Violence Crimes must be implemented moreoptimally so that the use of articles in cases of sexual violence becomes more targeted.Second, protection for victims of sexually harassing behavior must be maximized and become thefocus government's role in law enforcement .Keywords: Sexual-Gender-Criminal Harassment
IMPLEMENTASI PERATURAN DAERAH KOTA DUMAI NOMOR 3 TAHUN 2021 TENTANG PENGELOLAAN SAMPAH DI KOTA DUMAI Neri Anggela; Gusliana HB; Zainul Akmal
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 problem of waste in Dumai City is still a problem, the largepopulation, limited land use and high levels of consumtion have an impact on thecleanliness and beauty of the environment which results in accumulation of wastein various corners of the city. This solid waste problem continues to increase asthe population increases. The existence of the Dumai City Regional Number 3 of2021 concerning Waste Management is a form of Dumai City goverment’s effortto show its seriousness in managing rubbish.This study aims to determine the implementation of the Dumai CityRegional Regulation Number 3 of 2021 concerning Waste Management in theCity of Dumai, the inhibiting factors in the implementation of the Dumai CityRegional Regulation Number 3 of 2021 concerning Waste Management in theCity of Dumai and the effort to implement the Dumai City Regional RegulationNumber 3 of 2021 concerning Waste Management in the City of Dumai.This study uses the type of Sosiological Law research with an approach tofield research techniques, interviews and literature studies. This research wasconducted in Dumai City. The data sources used are primary data sources andsecondary data.The result of this study concluted that the implementation of Dumai CityRegional Regulation Number 3 of 2021 concerning Waste Management in DumaiCity applies a collection and transport system that only emphasizes finalprocessing. The lack of budget result in a shortage of cleaning workers andinadequate infrasturcture in waste management as well as low public awarenessof waste disposal in its place and a lack of firmness in applaying sansctiom.Keywords: Implementation, Regional Regulation, Management, Rubbish.
ANALISIS YURIDIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 56/PUU-XX/2022 TENTANG PENGUJIAN MATERIIL PASAL 27 A AYAT (2) HURUF B UNDANG-UNDANG NOMOR 7 TAHUN 2020 TENTANG MAHKAMAH KONSTITUSI Samuel Yakub Radja Gnting Suka; Mexsasai Indra; Zainul Akmal
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

Judicial power is an independent and independent power that carriesout a judicial function in the field of justice. The Constitutional Court is a stateinstitution that carries out the functions of judicial power which is grantedconstitutional authority in Article 24 letter C of the 1945 Constitution of theRepublic of Indonesia. In addition, the Judicial Commision is part of the judicialpower but does not carry out a judicial function. Judicial Commision is only aninstitution that balances the power of the judiciary which has the authority by theConstitution to maintain and uphold the nobility and behavior of judges.The type of research used by the author is normative legal research orwhat is known as "legal research". Which means that this legal research, law isoften conceptualized as what is written in statutory regulations (law in book) orlaw. Regarding the Constitutional Court Decision Number 56/PUU-XX/2022which conducted a material review of Article 27 A paragraph (2) Letter B LawNumber 7 of 2020 Concerning the Constitutional Court.The Constitutional Court Decision Number 56/PUU-XX/2022 states that1 (one) member of the Judicial Commission as one of the elements in theHonorary Council of the Constitutional Court is contrary to the Constitution anddeleted. Meanwhile, the background or urgency for the establishment of theJudicial Commision was to overcome judicial mafia practices that hadmushroomed at that time in Indonesian courts, as well as to restore publicconfidence in the judiciary. Judicial Commision is mandated by Article 24Bparagraph (2) to protect and uphold the honor of judges, while the ConstitutionalCourt is of the opinion that the judges in question are different fromConstitutional Court judges in their positions. in the Constitution itself there is nodistinction between judges according to their position or function. It is feared thatthe Judicial Commision's exception will further open up opportunities for judicialmafia practices. In this regard, this decision will also result in a situation thatmakes the Court a super body judicial institution because there is no institutionoutside the Court that will supervise and uphold the ethics of the ConstitutionalKeywords: Decision MK, MKMK, KY Supervision
MEKANISME PARTISIPASI MASYARAKAT DALAM PEMBENTUKAN PERATURAN DAERAH DI KABUPATEN INDRAGIRI HULU Kevin Destra Volta; Mexsasai Indra; Zainul Akmal
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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The aim of this research is to find out the mechanism of communityparticipation in the formation of regional regulations in Indragiri Hulu Regency. Andto find out the arrangement of regulations related to community participation in theformation of regional regulations in Indragiri Hulu Regency. The data sourcesneeded to obtain information were the Legal Section of the Regional Secretariat ofIndragiri Hulu Regency, the Public Relations Section of the Indragiri Hulu RegencyDPRD, the Head of the Special Committee and members in the Raperda Discussion inIndragiri Hulu Regency and community representatives in making regionalregulations of Indragiri Hulu Regency. The data collection tools for this research arefield research studies or interviews and document studies (library). The research datawere analyzed using qualitative data analysis.The type used in this research is descriptive analysis. Research usingdescriptive analysis is research that merely describes the state of objects or eventswithout an intention to draw general conclusions. Legal research can be carried outusing 2 (two) approaches, which consist of normative legal research (normativejuridical) and sociological legal research (empirical juridical). So it can beconcluded for this research that leads to an empirical juridical research approach.From the research results it is known that public participation is viewed fromthe applicable laws and regulations, namely Article 136 paragraph 4, Article 139paragraph 1 Number 23 of 2014 concerning Regional Government, Article 53 of theLaw of the Republic of Indonesia Number 13 of 2022 concerning the SecondAmendment to Law Number 12 of 2011 concerning the Establishment of Legislation.Forms of community participation can be done verbally and/or in writing. Theproblem for Indragiri Hulu Regency is that online community participation is not yetavailable..Keywords: Community Participation, Formation Of Local Regulations
IMPLEMENTASI PERATURAN BUPATI INDRAGIRI HULU NOMOR 1 TAHUN 2019 DALAM HAL KEBIJAKAN PEMENUHAN SARANA DAN PRASARANA PENGELOLAAN SAMPAH RUMAH TANGGA Eci Novita Sari; Maria Maya Lestari; 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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Facilities and infrastructure for waste management are regulated inIndragiri Hulu Regent Regulation Number 1 of 2019 concerning Policies andStrategies for Indargiri Hulu Regency in the Management of Household Waste andWaste Similar to Household Waste. The purpose of writing this thesis is to: First,find out the policy for fulfilling facilities in waste management based on Article 10Paragraph (2) Indragiri Hulu Regent Regulation Number 1 of 2019 concerningPolicies and Strategies for Indargiri Hulu Regency in Managing Household Wasteand Waste Similar to Household Waste. Second, find out the policy for fulfillinginfrastructure in waste management based on Article 10 Paragraph (2) of IndragiriHulu Regent Regulation Number 1 of 2019 concerning Policies and Strategies forIndargiri Hulu Regency in Managing Household Waste and Waste Similar toHousehold Waste. Third, efforts to deal with waste in Indragiri Hulu Regency inmaximizing facilities and infrastructure based on Indragiri Hulu Regent RegulationNumber 1 of 2019 concerning Policies and Strategies for Indragiri Hulu Regencyin Managing Household Waste and Waste Similar to Household Waste.This type of research is sociological juridical research, because theauthor directly conducts research at the location or place of research in order toprovide a complete and clear picture of the problem under study. The researchlocation is Kelayang District, Rakit Kulim District, Lubuk Batu Jaya District,Sungai Lala District, Batang Peranap District, the Indragiri Hulu RegencyEnvironmental Service, the Indragiri Hulu Regency DPRD.From the results of the research problem, there are three main things thatcan be concluded. Author's suggestion, the Office is more active in managing wastein accordance with the Regent's Regulations, as well as conducting socializationwith the sub-district government so that people do not throw garbage where theyshouldn't.Keywords: Implementation- -infrastructure-facilities-Indragiri Hulu
PENERAPAN SANKSI PIDANA ADAT DALAM PENYELESAIAN PERKARA PIDANA RINGAN DI DESA SINTONG BAKTI KECAMATAN TANAH PUTIH KABUPATEN ROKAN HILIR Muhammad Fahlebvy; 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

The Unitary State of the Republic of Indonesia is a country that has many tribes andvarious cultures that make us a nation rich in values that are hereditary and are inheritedfrom generation to generation. The 1945 Constitution serves as the basis and reference inevery regulation making and implementation in the Republic of Indonesia. Article 18 bparagraph 2 of the 1945 Constitution recognizes and respects customary law communityunits and their traditional rights as long as they are still alive and in accordance with thedevelopment of society and the principles of the Unitary State of the Republic ofIndonesia, which are regulated in the law. In this case the State has clearly stated that itrecognizes and provides clear rules regarding customary law communities where thiscustom is an unwritten rule and becomes a living value in the midst of Indonesian society.This research belongs to sociological legal research, namely research that wants to seethe correlation between law and society with the gap between das sollen and das sein.This research was conducted in the areas of Sintong Bakti Village and Sintong Village,while the population and sample were the Traditional Heads of Sintong Bakti Village,Head of Sintong Bakti Village, Community Leaders and the Sintong Bakti VillageCommunity. The data sources used are primary data, secondary data and tertiary datawith data collection techniques by means of interviews and literature review.From the results that the settlement of minor cases that occurred in the village of Sintongthrough customary law is very effective, because in fact the customary law in the villageof Sintong still exists and is highly respected by the people in this village of Sintong. Andthe settlement of minor crimes through customary law can regenerate the family systemin the midst of society, so that punishment is no longer made as an arena for revenge.Through this system it can be a means to maintain local wisdom. In the application ofcustomary criminal sanctions, this becomes a challenge that customary stakeholders musthave the courage to take, considering that the case is their own nephew. In terms ofimplementation, all concepts that prioritize deliberation have been carried out.Key Words: Misdemeanor Crime, Customary Crime, Traditional Deliberation
PERJANJIAN ENDORSEMENT SECARA LISAN ANTARA INFLUENCER DENGAN ONLINE SHOP (FAMOSTA SHOP) DI TINJAU DARI HUKUM PERDATA Vira Santika; Hayatul Ismi; Meriza Elpha Darnia
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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Article 1313 of the Civil Code concerning agreements, which states that"An agreement is an act by which one or more people bind themselves to one ormore people. Endorsement agreements between Influencers and Online Shopsverbally which often lead to defaults. The purpose of writing this thesis is first, tofind out why influencers do not carry out endorsement agreements that are madeorally in terms of civil law. Second, to find out the obstacles in verbalendorsement agreements between Influencers and online shops (Famosta Shop) interms of civil law.This type of research is sociological legal research, namely researchconducted on the identification of laws and the effectiveness of laws that apply insociety. In this case, look at the reasons for influencers not carrying out theendorsement agreement verbally and what obstacles arise from the verbalagreement. The nature of the research is descriptive which provides precise dataabout humans, conditions and other symptoms.The results of this study indicate that the reasons for influencers notcarrying out endorsement agreements verbally are carried out verbally without athird person as a witness, the influencer's limitations in carrying out agreementsand the obstacles the parties have in making verbal endorsement agreements thatoften occur come from both parties. such as the lack of online shop policies inmaking agreements, influencers do not establish good communication in carryingout agreements so that defaults occur.Keywords:Agreement-Endorsement-Influencer-Online Shop

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