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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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ANALISIS DISPARITAS PUTUSAN HAKIM DALAM PERKARA TINDAK PIDANA DI BIDANG KEHUTANAN (STUDI KASUS PUTUSAN NOMOR 10/PID.SUS/2018/PN WNS DAN PUTUSAN NOMOR 89/PID.B/LH/2020/PN.BLS) Fitria Fitria; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Abstract

In criminal case decisions, it is known that there is a gap in sentencing which is better known asdisparity. The disparity in sentencing has a deep impact, because it contains a constitutional balancebetween individual freedom and the state's right to convict. This can be seen in the judge's decision inthe forestry crime Number 10/Pid.Sus/2018/PN Wns and Decision Number 89/Pid.B/LH/2020/PN.BlsOne decision with another decision which has the characteristics of a criminal offense are the sameand there are similarities in the articles charged but have different decisions. The purpose of writingthis thesis: First, to answer and solve the problem of disparity in decisions on forest destructioncrimes in Decision Number 10/Pid.Sus/2018/PN Wns and Decision Number 89/Pid.B/LH/2020/PN.Bls.Second , to find factors that cause disparities in criminal decisions on forest destruction in decisionsNumber 10/Pid.Sus/2018/PN Wns and Decisions Number 89/Pid.B/LH/2020/PN.Bls. The authorconducts research using normative juridical methods or literature studies in order to obtain secondarydata through documentary studies, namely by studying and analyzing in a comparative deductive waythe laws and regulations with theories that have a relationship to the problems studied.From the results of this study, there are two main problems: First, what is the analysis of thedisparity in the decision on forest destruction in the decision Number 10/Pid.Sus/2018/PN Wns andDecision Number 89/Pid.B/LH/2020/PN.Bls, Second, What are the factors causing the disparity offorest destruction criminal decisions in decisions Number 10/Pid.Sus/2018/PN Wns and DecisionsNumber 89/Pid.B/LH/2020/PN.Bls.The author's suggestion in this study is the importance of understanding the nature of the lawitself. As in the case that has been studied, one of the reasons for the difference is due to a differencein paradigm in viewing the nature of the law itself so that the desired justice is not achieved. LawNumber 18 of 2013 Concerning the Prevention and Eradication of Forest Destruction should not beinterpreted partially, which has implications for the vulnerability of people living around forest areasto being snared by this Law. The paradigm adopted and the method of interpretation applied willaffect the quality of the judge's decision. For this reason, judges need to consider all aspects inmaking a decision.Keywords : Disparity-Crime-Forestry
PENGUATAN FUNGSI PEMBENTUKAN PERATURAN DAERAH DI DEWAN PERWAKILAN RAKYAT DAERAH KABUPATEN KUANTAN SINGINGI Poni Apri Dila; Mexsasai Indra; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Abstract

Strengthening the function of forming Regional Regulations in the Regional People'sRepresentative Council of Kuantan Singingi Regency in the formation of which there is still alack of Regional Regulations produced by the Regional People's Representative Council in the2014-2019 period. Therefore, it is necessary to study first, the minimum number of RegionalRegulations made, Strengthening the function of forming Regional Regulations in the RegionalPeople's Representative Council of Kuantan Singingi Regency. Second, ideally the role of theRegional People's Representative Council in forming Regional Regulations in KuantanSingingi Regency.This research is classified as sociological juridical research. With the research location atthe Kuantan Singingi Regency Regional People's Representative Council.From the research results, it was concluded that, firstly, the lack of Regional Regulationsproduced by the Regional People's Representative Council was caused by an inadequatebudget, weak function and understanding of the Regional People's Representative Council, thestrong interests of Political Parties and several Regional Regulations that were cancelled.strengthening the function of forming DPRD Regional Regulations, namely allocating thebudget properly, increasing the capacity of the Regional People's Representative Council,increasing coordination between the executive and legislative parties, and strengthening theRegional Regulation Formation Agency. Second, the ideal role of the DPRD in formingRegional Regulations in Kuantan Singingi Regency is to understand the substance of its maintasks and functions, understand and play an active role in the stages of forming RegionalRegulations, and comply with the DPRD's Rules of Procedure.Keywords: Strengthening - Formation of Regional Regulations - Regional People'sRepresentative Council
ANALISIS PUTUSAN HAKIM NOMOR 373/Pid.Sus/2017/PN.Bnj TERHADAP PENJATUHAN SANKSI PIDNA PADA PELAKU TINDAK PIDANA PENCABULANYANG MENDERITA RETARDASI MENTAL BERDASARKAN HUKUM PIDANA INDONESIA Muhammad Rafdi; Syaifullah Yophi; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Abstract

In the Indonesian Criminal Code, there is no clear formulation regarding the abilityto be responsible. Article 44 of the Criminal Code explains the circumstances when a personcannot be sentenced to a criminal sentence because there is an inability to take responsibilityfor the perpetrator of a crime in the form of a mentally disabled or impaired due to illness. Oneexample of the case is contained in the decision Number 373/Pid.Sus/2017/PN.Bnj in thedecision Defendant G who in legal facts was proven to suffer from Moderate MentalRetardation with an IQ of 46. However, in their consideration the Majlis Judge did not considerthe Defendant's Mental Retardation condition G as a determinant of his ability to beresponsible, and stated that Defendant G could be held responsible. So the purpose of thisstudy is to determine the imposition of criminal sanctions on perpetrators of criminal acts ofsexual abuse who suffer from Mental Retardation based on Indonesian criminal law and todetermine the judge's considerations for imposing criminal sanctions for sexual abuse whosuffer from Mental Retardation based on Indonesian criminal law.Application of Article 44 of the Criminal Code on the criminal act of intercourseagainst child in Decision Number 373/Pid.Sus/2017/PN.Bnj is incorrect. Inability to beresponsible for the qualifications of Article 44 of the Criminal Code includes the ability to thinkof the perpetrators of criminal acts. Perpetrator with mental retardation problems withintellectual abilities, which also affects his ability to judge his actions are in accordance withthe rules and values the values that exist in society. The judge's considerations were not carefulin imposing criminal sanctions because several important facts were revealed at the trialregarding the condition of the Defendant. The Majlis Judge should dig deeper into mattersoutside the realm of law that arise from each trial that is presided over and summon experts tothen be asked for the clearest possible explanation in order to decide the case as fairly aspossible.Keywords: Criminal liability, Mental Retardation, Obscenity
PEMBERIAN SANKSI REHABILITASI BAGI PENYALAHGUNA NARKOTIKA BERDASARKAN PASAL 127 DIKAITKAN DENGAN PASAL 103 UNDANG-UNDANG NOMOR 35 TAHUN2009 TENTANG NARKOTIKA Thika Shalsabillah; Mukhlis R; Sukamarriko Andrikasmi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Abstract

In decision No. 1243/Pid.Sus/2022/PN.Sby the defendant was declared legallyand convincingly guilty of committing the crime of class I Narcotics abuse for himself.The Defendant was given a criminal sanction in the form of imprisonment for 2 (two)years but the Judge did not order or implement rehabilitation for the Defendant.Whereas in Article 127 paragraph (3) of Law No. 35 of 2009 clearly states that: "In theevent that the abuser as referred to in paragraph (1) can be proven or proven to be avictim of narcotics abuse, the abuser is required to undergo medical rehabilitation andsocial rehabilitation." Thus the judge's decision does not reflect legal certainty.The type of legal research is normative legal research. The data used issecondary data. Meanwhile, if seen from the nature of this research is descriptive.The results of this study are that the provision of rehabilitation sanctions fornarcotics abusers based on Article 127 is linked to Article 103 of Law Number 35 of2009 concerning Narcotics, namely judges often do not give rights to narcotics users tocarry out rehabilitation, even though in Law Number 35 of 2009 concerning Narcoticsthere is a guarantee rehabilitation for drug abusers. This article should be used as abasis for judges deciding cases of narcotics abuse for users and addicts to undergomedical rehabilitation and social rehabilitation aimed at recovering perpetrators fromnarcotics addiction. Legal certainty regarding the imposition of rehabilitation sanctionsbased on Article 127 is linked to Article 103 of Law Number 35 of 2009 concerningNarcotics against abusers and perpetrators of criminal acts, namely Law Number 35 of2009 concerning Narcotics has provided legal certainty for the sanctions given, namelyin the form of imprisonment (prison) and rehabilitation sanctions (medical and social)for each perpetrator. Law Number 35 of 2009 concerning Narcotics has 2 sides, namelya humanist side for narcotics addicts and abusers, and a tough and firm side fordealers, syndicates and narcotics dealers. However, what needs attention in itsimplementation is that imprisonment given to narcotics abusers is not an effective wayto repair damage.Keywords: Sanctions, Rehabilitation, Narcotics Abuse
IMPLEMENTASI PERATURAN DAERAH PROVINSI RIAU NOMOR 12 TAHUN 2002 TENTANG PEMBINAAN DAN PENGAWASAN PENYALURAN BAHAN BAKAR MINYAK OLEH PEMERINTAH KOTA PEKANBARU Vera Magdalena Siahaan; Emilda Firdaus; Mexsasai Indra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Abstract

Fuel is a vital need for the community, this can be seen from the high level ofpublic demand for means of transportation, currently transportation is no longer aluxury item but a basic need. in everyday life the use of fuel both in industry andtransportation is increasing. With increasing demand, fuel is not supported bynatural resources and continues to decline, therefore management must be carriedout as optimally as possible. In view of this, to ensure the safety and availability offuel, it is necessary to carry out supervision. In this case, the central governmentthrough representatives of each region or local government, namely the PekanbaruCity Industry and Trade Service, supervises the distribution of fuel in PekanbaruCity. The Department of Industry and Trade of Pekanbaru City is the agencyresponsible for the technical implementation of guidance and supervision of thedistribution of fuel in accordance with regional regulation Riau Province Number 12of 2002 concerning guidance and supervision of the distribution of fuel. The practiceof selling retail fuel oil is prohibited by PT. Pertamina as the main distributor.However, judging from the facts on the ground, there are still many people who dothis by buying fuel oil using jerry cans, purchasing in this way is clearly prohibitedand regulated in the regional regulation of Riau Province Number 12 of 2002concerning guidance and supervision of the distribution of fuel to Article 6paragraph 1 "Each SPBU/PSPD and SPBB are prohibited from selling fuel tobuyers using drums, jerry cans and the like". This research will be structured usingthe type of legal sociological research, namely research that is said to be fieldresearch by examining applicable legal provisions and what happens in people'slives. The data collection technique in this study was a literature study followed byempirical data collection obtained from relevant agencies, as well as conductinginterviews to obtain information directly from informants. The results of the researchconducted by the author are first, every result of supervision can be used as animprovement in improving the quality of service quality. Second, even though thesupervision carried out was in accordance with the procedure, the violations thatwere committed still continued to occur. Not only from within, obstacles also occurfrom outside the management. Where the manager of fuel oil who has responsibilityin the buying and selling process does not understand the applicable rules, andresults in problems for many people (community).
TINJAUAN TENTANG PENETAPAN HAK ASUH ANAK DI BAWAH UMUR KEPADA AYAH AKIBAT PERCERAIAN DI PENGADILAN AGAMA PEKANBARU Syaivanti, Sonia Putri; Lestari, Rika; Darnia, Meriza Elpha
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Abstract

Marriages can break up due to death, divorce, and court decisions. The most commoncause of legal problems that should be given an alternative solutions is the breakdown ofmarriage due to divorce. Divorce can cause several legal consequences, one of which is thelegal consequences for children and their care. In the event of divorce, child custody can begiven to the mother if the child is under the age of 18 years. But it can be ruled out, if thefather can prove if the mother is not eligible for child custody. In this case, the author takesthe example of Decision Number 1513/Pdt.G/2022/PA.Pbr, in this judgment the custody ofthe minor falls to the father, where the minor child needs love and attention from a mother.The purpose of this thesis research is to determine the judge's consideration in determiningthe custody of minors to the father due to divorce at the Pekanbaru Religious Court and tofind out the judge's consideration in determining the custody of minors to the father due todivorce based on the perspective of legal expediency theory.This type of research is a type of sociological research conducted at the PekanbaruReligious Court. The population and samples used are the Pekanbaru Religious Court Judgewho tried the case, the father who litigated, and the mother who litigated. The data sourcesused are primary data and secondary data. The data collection techniques used are literaturereview and interviews.The result of this study is that the judge's consideration in determining the custody ofminors to the father due to divorce in the Pekanbaru Religious Court is that the judge arguesthat Article 105 of the Compilation of Islamic Law letter (a) which explains that themaintenance of children who are not yet mumayyiz or not yet 12 (twelve) years old is theright of the mother. But it is not absolute, because the most important thing is the benefit forthe child himself, then the custody of the child is given to the father because the fatherbehaves better than the mother and the judge's consideration in determining the custody ofminors to the father due to divorce based on the perspective of the theory of legal expediencyin terms of the element of legal expediency has been fulfilled because the decision has had animpact and benefit to the parties and children. The author's suggestion is for the Panel ofJudges, in deciding a case in the future to ensure the condition of children in which field ispreferred for the benefit of children being cared for by mothers, fathers, or jointly and forboth parents, must remain fully responsible for their children without being hindered by timeand situation.Keywords: Child Custody - Divorce - Mumayyiz
ANALISIS YURIDIS EFEKTIVITAS PT. PEGADAIAN TANJUNG BALAI KARIMUN DALAM MELAKUKAN PENIMBANGAN BARANG BUKTI NARKOTIKA DIKAITKAN DENGAN TUJUAN HUKUM ACARA PIDANA Muhammad Alkasah; Davit Rahmadan; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Narcotics crime is a criminal offense known in Law Number 35 of 2009 concerningNarcotics. Strategic policies need to be carried out by the government so that trade inprohibited goods and users of prohibited goods such as narcotics and the like can beprevented, so that the enormous negative impact on the creation of the Unitary State ofIndonesia can be overcome. Therefore, however, every perpetrator of drug abuse must besubject to 1 severe punishment so that the perpetrator is deterred or does not repeat the act ofselling and using the prohibited item. The formulation of the problem in this study is how thelegal regulation for the implementation of weighing narcotics evidence (methamphetamine)submitted by the Tanjung Balai Karimun Police Department to PT. Pegadaian is associatedwith evidence in Tanjung Balai Karimun PN and how effective the weighing of evidencecarried out by the ditresobat to PT. Tanjung Balai Karimun pawnshop is associated withcriminal procedural law.The method in this study uses empirical juridical legal research methods. This researchis also referred to as literature research or document study. It can also be called field research.In this study, it was used to collect and find data and information through field studies at theKarimun Regional Police on the basic assumptions used in answering a problem in this study.The results of this study, the first result was obtained that, in the Legal Regulation forthe Implementation of Weighing Narcotics Evidence (shabu) submitted by the Tanjung BalaiKarimun Police Department to PT. This pawnshop cannot be applied optimally because theprocedure in weighing narcotics evidence has not been explained in writing about theprocedure or why weighing must be at PT. The pawnshop. This has an effect on supportingthe judge's performance in giving decisions so that judges have clear guidelines in imposingsanctions, the severity of criminal sanctions imposed. Second, that the effectiveness ofweighing evidence carried out by Ditresobat to PT. Tanjung Balai karimun pawnshop can besaid to have not run fully effectively. So it can be concluded that it is necessary to change thebasis to regulate more competent irregularities to be able to carry out the weighing ofevidence, especially in this serious drug crime.Keywords: Evidence, Narcotics, Code of Criminal Procedure.
KRIMINALISASI TERHADAP KORPORASI YANG TIDAK VALID DALAM MELAPORKAN PEMILIK KEUNTUNGANNYA (BENEFICIAL OWNERSHIP) Pratama, Restu Ananda; Erdianto, Erdianto; Ferawati, Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Presidential Regulation Number 13 of 2018 concerning the Principle of RecognizingBeneficial Owners of Corporations in the Context of Preventing Crimes of MoneyLaundering and Terrorism Financing is the highest legal umbrella for implementing theprinciple of recognizing beneficial ownership in Indonesia today. Reporting data onbeneficial owners of a corporation is mandatory, so data validation is a very crucial thing todo. In this presidential regulation, only matters of an administrative nature are regulated andno threat sanctions have been regulated as a means of prevention and providing a deterrenteffect to every perpetrator of violations in terms of validating data on the beneficial ownersof a corporation.This research is normative legal research supported by secondary data,carried out by using library materials as the main focus. Also called doctrinal legal research,namely legal research that uses data based on library research by taking quotations fromreading books, or supporting books that are related to the problem to be researched. Thus,this research uses secondary data sources consisting of primary, secondary and tertiary legalmaterials. This research also uses qualitative data analysis and produces descriptive data.From the results of the discussions and research carried out, several conclusionswere obtained, namely: First, the regulation regarding Reporting of Beneficial Owners of aCorporation is regulated by Presidential Regulation Number 13 of 2018. In terms of law-making procedures, a Presidential Regulation is not justified in containing criminalprovisions , because there is a principle of No Punishment Without Representatives, criminalprovisions are only included if the Regulation is issued by the Legislative Body. Second,criminalization must be created through legality which will be included later in a new law,raising the level of the Presidential Regulation to a law which contains provisions forimprisonment and fines which are prepared taking into account the outlook on life,awareness and legal ideals, as well as philosophy. the Indonesian nation which originatesfrom Pancasila and the Preamble to the 1945 Constitution of the Republic of Indonesia.Keywords: Criminalization - Corporation – Beneficial Owner
EFEKTIVITAS PELAKSANAAN PEMBINAAN TERHADAP NARAPIDANA RESIDIVIS TINDAK PIDANA NARKOTIKA DI LEMBAGA PEMASYARAKATAN KELAS II B SUNGAILIAT KABUPATEN BANGKA PROVINSI KEPULAUAN BANGKA BELITUNG Arifandi, Farros; Erdiansyah, Erdiansyah; Andrikasmi, Sukamariko
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Correctional Institutions are institutions whose principle is that guidanceand protection is the final process of criminal justice which imposes imprisonmenton convicts. It is hoped that this training will be an effective way for prisoners tolearn that the actions they have committed are wrong and deviant, and so thatthey do not repeat these crimes.This type of research can be classified as a type of sociological (empirical)legal research, because in this research the author directly conducts research atthe location or place being studied in order to provide a complete and clearpicture of the problem being studied. This research was conducted at the Class IIB Sungailiat Correctional Institution, Bangka Regency, Bangka BelitungProvince.The conclusions that can be obtained from the research results are: First,in Class II B Sungailiat Prison, the implementation of guidance for narcoticsprisoners has not been carried out effectively because only a few forms ofprograms have been carried out and this is supported by the number of narcoticscases which has increased every year so that there are more and more prisoners.Second, the obstacles faced by the Class II B Sungailiat Penitentiary in providingguidance are excess prison capacity; Lack of correctional officers; Developmentprogram for prisoners with different cases; factors from the prisoner's family; Theefforts taken by correctional officers or coaches to overcome obstacles orobstacles that arise in the coaching process are utilizing and maximizing existingprograms and officersKeywords: Development, Recidivism, Narcotics Crimes, Correctionalinstitution.
TINJAUAN HUKUM TERHADAP PEMBATALAN PERKAWINAN ATAS DASAR PERBEDAAN ORIENTASI SEKSUAL Zsa Zsa Quamila Pasyura; Mardalena Hanifah; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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In principle, a marriage can be annulled. An annulment of a marriagemeans that the marriage is considered non-existent or even never existed. At thistime, many problems occur within the family sphere, such as situations where acouple has entered into a marriage.The aim of writing this decision study is tofind out how judges consider in deciding cases of marriage annulment based ondifferences in sexual orientation and what efforts can be made to prevent andanticipate the occurrence of marriage annulments on the basis of differences insexual orientation by considering 3 (three) decisions, the analysis will focus on 3(three) decisions in order to gain comprehensive insight regarding the factorsconsidered by the judge. This research is normative juridical research using anapproach to legal principles.The results of the research can be concluded that first, in the judge'sconsideration of these decisions, the judge considered the facts, legalinterpretation, and aspects of justice in annulling marriages based on differencesin sexual orientation. Decision Number 0059/Pdt.G/2018/PA.Pts was based onmoral violations and fraud, while Decision Number 981/Pdt.G/PA.Btl stated thatmarriage annulment occurred due to different sexual orientations (homosexual).Decision Number 0877/Pdt.G/2021/PA.Krs noted the failure of reconciliationthrough counseling and mediation, and concluded that the Petitioner had thecapacity to apply for marriage annulment. Second, it is important to haveprevention and anticipation to avoid marriage annulment caused by differencesin sexual orientation. In Decision Number 0059/Pdt.G/2018/PA.Pts it is based onmoral violations. Prevention efforts that can be taken include getting to know theprospective partner you are going to marry and strengthening legal protection. InDecision Number 981/Pdt.G/PA.Btl the efforts that can be made are tounderstand that marriage is an agreement or pact between a husband and wifeand God and to provide educational facilities regarding legal consequences. InDecision Number 0877/Pdt.G/2021/PA.Krs.Keywords: Annulment of Marriage, Differences in Sexual Orientation, Judge'sConsideration.

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