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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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MODEL PENANGGULANGAN TINDAK PIDANA DENGAN MENGOPTIMALKAN FUNGSI BHAYANGKARA PEMBINA KEAMANAN DAN KETERTIBAN MASYARAKAT DI WILAYAH HUKUM KEPOLISIAN RESOR KABUPATEN KAMPAR Fuad Ikmal; Davit Rahmadan; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Crime prevention is one of the primary roles of the Police in maintaining thesecurity and order of society. In carrying out their duties, the Indonesian NationalPolice (Polri) has a unit called Bhayangkara Pembina Keamanan dan KetertibanMasyarakat (Bhabinkamtibmas), which serves as the frontline in establishingrelationships with the community at the village or sub-district level. However, inthe jurisdiction of the Kampar District Police Resort, there are still several issuesthat hinder the optimization of Bhabinkamtibmas' functions.This research aims to analyze a model for combating crime by optimizingthe functions of Bhabinkamtibmas in the jurisdiction of the Kampar DistrictPolice Resort. The background of this research is based on the need to improveand enhance the effectiveness of Bhabinkamtibmas in preventing and handlingcriminal acts at the community level. The research utilizes a qualitativedescriptive method with a case study approach. Data is obtained throughinterviews with several Bhabinkamtibmas officers in the area and from relevantliterature studies.The research employs a qualitative approach with data collectiontechniques such as interviews, observations, and documentary studies. Therespondents consist of Bhabinkamtibmas officers, local communities, and otherrelevant stakeholders.The results of the research indicate that Bhabinkamtibmas plays a crucialrole in maintaining the security and order of society in the jurisdiction of theKampar District Police Resort. Bhabinkamtibmas can undertake variouspreventive actions to deter criminal activities, such as conducting routine patrolsin their respective areas, building good relationships with the community, andproviding education and information about laws and regulations. Additionally,Bhabinkamtibmas can take repressive measures against criminals bycollaborating with other security forces.Keywords: crime prevention model, Bhabinkamtibmas, communitysecurity and the Kampar District.
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENCABULAN ANAK STUDI KASUS WILAYAH KEPOLISIAN RESOR KOTA PEKANBARU Yulius Wibisono Prakosa Putro; Davit Rahmadan; Ferawati Ferawati
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 the future of the nation and the next generation for theideals ofnation-building, so that every child has the right to survival, growthand development, creation, participation, and is entitled to protection fromacts of violence and discrimination as well as civil rights and freedoms.Sexual crimes against children as victims really feel very sad to hear,especially with the current developments that have made the situation worse.One of the causes of child sexualabuse is the easy access to pornographicvideos on the internet, which creates a desire for those who watch them, sothat children are often used as an outlet for watching them. The aims of thisthesis research are: First to find out law enforcement against the CriminalAct of Child Abuse in the Case Study of the Pekanbaru City Resort Police,Second to find out the obstacles to the Criminal Actof Child Abuse in theCase Study of the Pekanbaru City Resort Police.This type of research is classified as sociological legal research. Thislegal research was conducted at the Pekanbaru Police, while the populationand sample were all parties related to the problem under study. The datasources used are primary, secondary, and tertiary data, while the datacollection technique uses interviews and literature review.From the results of the research problem, there are two conclusionsthat can be drawn, namely: First, law enforcement against criminal acts ofobscenity in the jurisdiction of the Pekanbaru City Police, the police alwaysprocess every obscenity case that comes to trial. Second, obstacles thathinder law enforcement against criminal acts of child molestation in thejurisdiction of the Pekanbaru City Police because these children receivethreats from the perpetrators so that these children do not dare to tell whathappened to other people.Keywords: Law Enforcement - Criminal - Obscenity
PENEGAKAN HUKUM TERHADAP OKNUM ANGGOTA KEPOLISIAN PELAKU TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA DI WILAYAH HUKUM KEPOLISIAN RESOR ROKAN HULU Nabilla Khaernas; 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

Narcotics abuse with perpetrators who are members of the Rokan Hulu Resort Police isincreasing every year. In 2019 as many as 3 people, 2020 as many as 5 people and 2021 as many as8 people. One of them is the case in Decision Number 286/Pid.Sus/2019/PNPrp, the sanctionimposed on the perpetrator is ten months' imprisonment. This shows that there is a contradiction inthe nature and duties of the police, which should enforce the law itself, as well as the provision oflighter sanctions compared to ordinary people who commit similar crimes.The type of research used in writing this law is sociological legal research. Meanwhile, ifviewed from the nature of this research is descriptive. This research was conducted at the RokanHulu Police.The results of this study are law enforcement against the perpetrators of the Crime ofNarcotics Abuse carried out by unscrupulous members of the police in the jurisdiction of the RokanHulu Resort Police consisting of the investigation and investigation stage, the general court stage,the code of ethics trial stage and dishonorable discharge. However, the defendant was not dismissedfrom the police force and was given the opportunity to improve himself and still received 2/3 of hissalary during his detention. Obstacles in carrying out law enforcement against unscrupulousmembers of the police who are perpetrators of criminal acts of narcotics abuse in the jurisdiction ofthe Rokan Hulu Resort Police, namely the legal factor, namely changes in regulations governing thePolice Professional Code of Ethics that always occur and have multiple interpretations, theindividual factor of Polri members is the accused member of the police already very aware of thesituation and circumstances in the office, looking for opportunities to use drugs, environmentalfactors, namely the association of police officers outside the service have a negative effect on him sothat things can happen that harm him by abusing narcotics, lack of public participation in providinginformation and complaints, and the availability of drugs. Efforts made by the Rokan Hulu ResortPolice to overcome obstacles in carrying out law enforcement against unscrupulous members of thepolice who commit narcotics abuse crimes within the jurisdiction of the Rokan Hulu Resort Police,namely more intense supervision, routine raids, surprise inspections and urine tests, outreachactivities to community and take decisive action.Keywords: Law Enforcement, Police Personnel, Narcotics, Criminal act, Rokan Hulu ResortPolice
KAJIAN TENTANG PERUBAHAN HARGA DALAM TRANSAKSI DENGAN SISTEM PEMBAYARAN CASH ON DELIVERY (COD) PADA ONLINESHOP SHOPEE MENURUT UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Putri Damayanti; Zulfikar Jayakusuma; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The development of the internet provides many conveniences for humans tocontinue to make it easier to carry out their daily activities, including buying andselling. Many people create effective and efficient systems such as e-commerce. E-commerce is experiencing very rapid development so that companies createMarketplaces, one of which is Shopee. Shopee has a variety of payment systems,one of which is the Cash on Delivery (COD) system, Payment is made when thegoods reach the by buyer's. However, in this payment system there are somedrawbacks, such as price changes that occur when paying, two case about pricechanges experienced by some consumers that the author got from the Twitterplatform and one of the author's friends did not escape the incident. Things like thisare certainly very detrimental to consumers, because they require consumers to paymore than what is stated when they want to make a transaction. Based on the case,the authors are interested in studying, researching and relating this phenomenonbased on Law Number 8 of 1999 concerning Consumer Protection in writing thisthesis.The purpose of this research is to find out the COD system works on theShopee marketplace and protects consumers as a result of price changes intransactions with the COD payment system according to Law Number 8 of 1999concerning Consumer Protection. This research was conducted using a normativejuridical research approach. The method of normative juridical research approachis library law research which is carried out by examining library materials orsecondary data. In this study, the scope of research be carried out by drawing legalprinciples, which are carried out on written and unwritten positive laws.From the results of this study, that consumers should properly know therules and be careful when doing the transaction, consumers must set awarenessabout anything that harm. An institution is needed for consumer protection, whichsupervises consumer rights in e-commerce. Business actors must uphold highintegrity in carrying out their business. Electronic service providers should createa special service and complaint procedure for consumers who feel their rights arenot being fulfilled.Keywords: COD, Consumer, Shopee
POLITIK HUKUM PENENTUAN TINGKAT PENDIDIKAN SEBAGAI SYARAT MENJADI ANGGOTA DEWAN PERWAKILAN RAKYAT DI INDONESIA DALAM PERSPEKTIF RANCANGAN UNDANG-UNDANG TENTANG PEMILIHAN UMUM Muhammad Rafi Akbar; Emilda Firdaus; Zulwisman Zulwisman
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The DPR has a central role in the constitutional system in Indonesia.Given the enormous role of the DPR in the state administration system inIndonesia, the minimum education requirements set forth in Article 240paragraph (1) letter e of Law No. 7 of 2017 concerning General Elections mustbe renewed/reformulated. Because these regulations are felt to have weaknesses,whereby an institution that has the function and authority to make and issue alegal product and determine policies may nominate themselves as a candidate formembers of the DPR with at least a high school educational background orequivalent. The aim of the reformulation of the system for nominating members ofthe DPR is so that the legal and policy products that will be issued by membersof the DPR can be better and more beneficial to the general public.This research is a normative legal research. This is based on libraryresearch which takes excerpts from reading books, or supporting books that havesomething to do with the problem to be studied. This study uses secondary datasources consisting of primary, secondary and tertiary legal materials. This studyalso used qualitative data analysis and produced descriptive data.From the results of this study it is explained that there is a need toincrease the standardization of the minimum educational requirements to becomea candidate for DPR member. The ideal concept offered by researchers is toincrease or reformulate the minimum educational requirements for candidatesfor DPR members, from a minimum high school diploma to a minimum of abachelor's degree (S1). Some of the considerations that form the basis forforming regulations are: First, on the Aspect of Justice, because to guaranteecompetence, capability and also guarantee the placement of members of the DPRin accordance with their respective portions based on their educationalbackground, so that they are more professional in carrying out their duties andfunctions. Second, on the Certainty Aspect, the minimum educationalqualification requirements for candidates for DPR members are stipulatedthrough clear legal instruments that will provide legal certainty. Third, on theUsefulness Aspect, so that in every contribution a DPR member makes incarrying out his authority, duties and functions it will be better.Keywords: Reformulation-Requirements-Education-DPR
ANALISIS YURIDIS DISPARITAS PIDANA PADA KASUS PENYERTAAN TINDAK PIDANA KORUPSI PENGADAAN BUKU DI KOTA PADANG PANJANG Nur Farah Datulaida; 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

The issue of corruption is a problem that has grown for a very long time and has takenroot in every sector of state life. This crime has damaged the good order in achieving socialwelfare. And the high number of corruption cases in the procurement of goods and services isdue to gaps in regulations that are not yet perfect. A field that accommodates a lot of things mustbe able to provide guarantees that it will provide justice to the parties involved.The type of research used in this legal research is normative juridical method. Therefore,an analysis with a qualitative measure is used which is based on substance with data collectionin drawing conclusions. In drawing conclusions the author uses the deductive thinking method,namely a way of thinking that draws a conclusion from things that are general to things that arespecific.From the results of the research and discussion it can be concluded that, first, theregulation on the procurement of goods and services, which is currently still in the form of apresidential regulation, has resulted in weak law enforcement regarding problems arising fromthe process of procurement of goods and services, including the problem of corruption. Second,that justice is when everyone gets their rights, when there is an act of corruption that takes awaythe right to the needs of the state and people's welfare and the interests of the community, thenjustice has been taken away, for this reason law enforcement and regulatory improvement tostabilize justice in its place is a must. Third, the idea of regulating the procurement of goods andservices in the future to minimize and also prevent criminal acts of corruption in this sector fromrecurring is the presence of laws that specifically regulate the procurement of goods andservices, so that violations of these articles give the power to impose penalties on those whoviolate them.Keyword: Procurement – a criminal act of corruption
PENEGAKAN HUKUM TERHADAP PELAKU PUNGLI IURAN SAMPAH DI WILAYAH HUKUM KEPOLISIAN SEKTOR TAMPAN IRFAN SUTIKNO RAMADHAN; Mukhlis R; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Illegal levies are one of the crimes committed by every legal subject, bothpeople and legal entities, directly or indirectly. Illegal levies are disgraceful actscommitted to benefit oneself by abuse of power. Illegal levies are a form of crimethat is very familiar to the public. Illegal levies are an act of violation of the lawregulated in the Criminal Code (KUHP) Article 368 of the Criminal Code andArticle 423 of the Criminal Code..The objectives in writing this thesis are: First, to find out law enforcementagainst perpetrators of garbage collection in the jurisdiction of the Handsome SectorPolice . Second, to find out the obstacles faced by law enforcers, especially theHandsome Sector Police against perpetrators of garbage collection. Third, to findout the efforts to overcome the obstacles faced by law enforcers, especially theHandsome Sector Police against perpetrators of garbage dues extortion. The type oflegal research used by the author is a 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 againstillegal levies was carried out by certain persons outside the Pekanbaru DLHKofficers, namely arrests for 1 x 24 hours and coaching for the perpetrators of theillegal levies. the obstacle faced by law enforcers is that the perpetrators of thecrime of extortion do not fulfill the elements in the crime of extortion, namely inthe absence of elements of violence or threats of violence. The efforts of the Polsekto keep law enforcement in place, namely in the form of providing direction oroutreach to the perpetrators and making a statement that they will not repeat thecrime of extortion again. Author's Suggestion, First, Cooperation between thecommunity and the police is further enhanced so that the police can uncover casesof illegal collection of garbage fees that often occur in the jurisdiction of theTampan Police. Second, it is expected that the police apparatus will make strictersupervision, especially against perpetrators of criminal acts of illegal collectionof waste fees. Third, it is hoped that the Handsome Police will add personnel sothat they can maximize the strength of the assignment of members in the context ofserving the community in order to create public order..Keywords: Law Enforcement-Illegal Fees-Police Sector Pekanbaru
PELAKSANAAN TANGGUNG JAWAB SOSIAL PT. RIGUNAS AGRI UTAMA DALAM RANGKA PENINGKATAN MUTU PENDIDIKAN MASYARAKAT DI KECAMATAN PERANAP KABUPATEN INDRAGIRI HULU Nadia Fadhilah Zendrato; Firdaus Firdaus; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 1 (2022): Januari - Juni 2022
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The implementation of corporate social responsibility is an obligation that must be carriedout by a company in carrying out its corporate activities. This is explicitly regulated in Article 47 ofLaw Number 40 of 2007 concerning Limited Liability Companies. This obligation is alsoreaffirmed geographically in the Regional Regulation of Riau Province Number 6 of 2012concerning Corporate Social Responsibility in Riau Province. PT Rigunas Agri Utama is acompany engaged in the plantation and processing of palm oil refineries. Located in Peranap sub-district, Indragiri Hulu Regency, PT Rigunas Agri Utama has been running CSR programs in theeducation sector through schools in the surrounding area. As for the legal issues are about variouskinds of CSR implementation efforts and the obstacles that often occur. The essence of theimplementation of CSR is not only in the presence or absence of CSR, but the continuity of theimplementation of CSR which continues to be carried out, especially in the field of education inorder to increase the nation's intelligence and improve the existence of the company. Therefore,this research departed on the basis of a desire to oversee every CSR implementation in theeducation sector by PT Rigunas Agri Utama. This is done, so that the CSR program is not carriedout as a mere formality without any improvement in the quality of the education sector. Especiallyin several schools in the surrounding area that still need assistance from the CSR program.This research is a sociological juridical legal research, namely a research approach thatemphasizes the legal aspects (laws and regulations) regarding the subject matter to be discussed,associated with the reality in the field. This study uses primary data sources consisting of primary,secondary, and tertiary legal materials.From the results of the research and discussion conducted, there are several conclusionsobtained, namely: First, the existence of CSR as a mandatory program for companies in the form ofPT Rigunas Agri Utama in Peranap sub-district has not been implemented properly. Weak intensityand continuity of CSR program implementation tend not to be implemented even temporarily. Thenormativity of CSR which should be used as a basic guideline that departs from the values of legalcompliance should make CSR a superior program that must be carried out regularly. Theimplementation of CSR in the field of education is also an embodiment of the company's role insupporting intelligence for the community as a state goal. Second, there are several obstacles inimplementing the CSR program, such as the COVID-19 pandemic and the lack of coordinationbetween the school and the PT Rigunas Agri Utama Company. Therefore, it is necessary to plan,implement and supervise the implementation of CSR well. Improved coordination is also neededfor the smooth distribution of CSR assistance such as infrastructure improvements, procurement ofsocial/volunteer activities, and also the provision of scholarships for outstanding andunderprivileged students.Keywords: CSR - Education – Legal Corporate
Analisis Yuridis Peran Hukum Internasional Dalam Upaya Pencegahan Pencemaran Sampah Plastik Sekali Pakai Terhadap Perlindungan Lingkungan Laut Negara Indonesia Nanda Erlangga Pranata; Maria Maya Lestari; Zulfikar Jayakusuma
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Plastic pollution is a global problem and must be tackled in a sustainable manner. Oneform of effort to protect the marine environment is found in the 1982 United NationsConvention on the Law of the Sea (UNCLOS 1982) which can be seen in article 235UNCLOS 1982, and the International Convention for the Prevention of Pollution from Ships1973, (MARPOL Convention 1973), In MARPOL 1973 Annex which regulates theprevention of marine pollution from plastic waste is Annex 5 concerning the prevention ofwaste pollution from ships, contained in Regulations 3 (Disposal of Garbage Outside SpecialAreas). This study aims to determine the role of international law in regulating issues ofsingle-use plastic waste pollution against the protection of the marine environment ofIndonesia and Indonesia's role in implementing efforts to reduce single-use plastic pollutionthrough provisions of international law.This type of research includes the type of normative juridical research. To obtain datain this legal research, the authors use several approaches, namely the statute approach, caseapproach. This research uses literature research by obtaining secondary data in the form ofliterature books, research results, journals, articles, and legal regulations related to the objectof research.From the results of the research that has been done, there are two main things that canbe concluded. First, with the continuing increase in the amount of single-use plastic wastepollution in the sea, this proves that the role of UNCLOS 1982 and MARPOL 1973 has notbeen able to stop the rate of pollution that is occurring, plus UNCLOS 1982 has notspecifically regulated plastic waste, this has had a negative impact on marine biota which canalso impact the economy, health, social. Second, International Law and National Law haveregulated the prevention of environmental pollution. Both UNCLOS 1982 and Law 32 of2009 have regulated pollution prevention rules. One of the main challenges in overcomingthe problem of marine plastic waste in Indonesia is the absence of specific laws that regulatemarine plastic pollution. Even though Indonesia already has a legal basis for protecting andmanaging the marine environment, such as Law Number 32 of 2009 concerning theProtection and Management of the Environment, and Law Number 32 of 2014 concerning theSea, there is no law that specifically deals with marine plastic waste.
PEMENUHAN HAK-HAK PEKERJA WAKTU TERTENTU PADA MASA PANDEMI COVID-19 DI PT. MEDAN BIOENERGY NUSANTARA PEKANBARU Krismo Apriyadi; Rika Lestari; Meriza Elpha Darnia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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The main problem with Government Regulation Number 35 of 2021concerning Work Agreements for Specific Periods, Outsourcing, Working Timeand Break Time, and Termination of Employment is that through this regulation,severance pay for victims of layoffs is only half of the rule if a number ofconditions are met. One of them, severance half of the provisions if the companycloses and loses money.The type of research used is sociological juridical, namely researchconducted by identifying the law and how the effectiveness of the implementationof the law applies in society. Because in this study the authors directly conductedresearch at the location or place under study to provide a complete and cleardescription of the problem under study.The conclusions that can be obtained from the research results are First,the Fulfillment of Workers' Rights for a Certain Time During the Covid-19Pandemic Period in View of Government Regulation Number 35 of 2021Concerning Work Agreements for Specific Periods, Outsourcing, Working Timeand Rest Time, and Termination of Employment Relations (Study at PT. MedanBioenergy Nusantara) where workers/laborers basically get equality and theopportunity to get treatment without discrimination under any pretext to manifestthe welfare of workers and their families without neglecting profit and businesscompetition. Second, Obstacles to Fulfilling Workers' Rights for a Specific TimeDuring the Covid-19 Pandemic Period are reviewed from Government RegulationNumber 35 of 2021 Concerning Work Agreements for Specific Periods,Outsourcing, Working Time and Break Time, and Termination of Employment(Study at PT. Medan Bioenergy Nusantara), namely that there are not verydetailed regulations governing the fulfillment of workers' rights in a pandemicsituation, so that it is biased regarding the rights and obligations of businessactors and employees.Keywords: Fulfillment of Rights, Termination of Employment, Labor,Settlement.

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