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INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 2,579 Documents
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PERBANDINGAN KONSTITUSI TENTANG PEMBATASAN MASA PERIODE JABATAN PRESIDEN DI INDONESIA DAN FILIPINA SINURAT, ARGA SANDYA RAJA; Haryono, Dodi; Akmal, Zainul
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The president is the head of government (chief of executive), but also the head of state (chief of state).The term of office of the president in various countries is different. The term of office of the president inIndonesia in one period of five years can be elected twice based on Article 7 of the 1945 Constitution, whilein the Philippines the term of office of the president can only be elected once in a year. one period for six yearsbased on the Philippine Constitution Chapter 7 Article 4. Therefore, this research aims to find out and comparethe two countries in terms of similarities/differences, advantages/disadvantages, and the urgency ofcomparison to strengthen regulations limiting the period of presidential office in Indonesia and thePhilippines.This type of research can be classified as a normative research type. The research focuses on examiningthe comparison of term limits for the presidents of Indonesia and the Philippines. The data sources used aresecondary data in the form of primary legal materials, namely the 1945 Constitution and the PhilippineConstitution, secondary legal materials, namely documents and journals, and tertiary legal materials, namelylegal dictionaries. The data collection technique in this research is the literature review method, usingDescriptive analysis describes, describes and compares the Indonesian and Philippine constitutions regardingpresidential term limits.Limiting the presidential term of office for Indonesia and the Philippines has similarities/differences,advantages/disadvantages, and the urgency of strengthening the implementation of presidential termregulations. The similarities/differences are that the countries have the same principle of Trias Politica(Division of power) while the differences in this case provide for re-nomination. The advantages guaranteethe creation of democratic politics, economic growth, lack of potential for corruption while the shortcomingsalso hinder the regeneration of new leaders from the executive branch. The urgency is to limit the presidentialperiod to prevent continued political instability. That in this case the researcher provides suggestions, it ishoped that policy makers will make legal politics related to the rules for limiting the term of office of thepresident by changing the provisions governing the term of office of the president as well as communityinvolvement, political style, and modernity by giving the term of office of the president to one term withprovisions as long as one period of six years.Keywords : Constitution - Period - Limitations
PEMBENTUKAN BADAN USAHA MILIK DESA DI KECAMATAN RENGAT BARAT KABUPATEN INDRAGIRI HULU BERDASARKAN PERATURAN DAERAH KABUPATEN INDRAGIRI HULU NOMOR 5 TAHUN 2011 TENTANG BADAN USAHA MILIK DESA Harun Al Rasyid; Mexsasai Indra; 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 Village, has several community institutions, one of them is theVillage-Owned Enterprise (VOE). Based on Article 3 of the Regional Regulationof Indragiri Hulu Regency Number 5 of 2011 concerning Village-OwnedEnterprises, VOE is formed with the aim of gaining profit to strengthen theOriginal Village Revenue; Advancing village economy; Increase the villagecommunity welfare; and improve the management of existing village assets, suchas village treasury land management. From this objective, it can be seen thatVOE functions as an engine of the village economy and the welfare of the villagecommunity.This type of research is empirical juridical research or sociological legalresearch which is a research approach that emphasizes legal aspects related tothe subject matter to be discussed, associated with reality on the ground. Theresearch was conducted in VOE in the West Rengat sub district of Indragiri HuluRegency, while the sample population is all parties related to the problem understudy. The data sources used are primary data and secondary data, the datacollection techniques in this research are by observation, questionnaire,interview, and literature review.From the results of this research, there are three main things that can beconcluded: First, the implementation of the establishment of village-ownedbusiness entities in 6 (six) villages in the western Rengat sub-district of IndragiriHulu Regency has been carried out which have been poured into VillageRegulations but are problematic in the process of formation. Second, theobstacles in establishing a village-owned business entity include the low quality ofhuman resources (HR), which results in the inoperability of the basic duties andfunctions of the village head, the village apparatus not being empowered, lack ofcoordination with related parties and village deliberation, lack of publication ofVillage Regulations on VOE, and the absence of Village Regulations on thecapital participation of VOE. Third, the efforts going forward carried out by thevillage government related to the legality of VOE are to allocate a budget forhuman resource quality improvement programs, revise the Village Regulationsabout the establishment of VOE, conduct village deliberations, coordinate withrelated parties, and empower the potential of the village.Keywords: Establishment – Village – Owned Enterprises – West Rengat
ANALISIS YURIDIS TERHADAP PUBLIKASI IDENTITAS ANAK BERHADAPAN DENGAN HUKUM PADA SITUS DIREKTORI PUTUSAN MAHKAMAH AGUNG Perdana, Fharysha Irwan; Erdianto, Erdianto; Erdiansyah, Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Children who are in conflict with the law, even though they are suspectedof having committed a criminal act, still have the right to protection by the state,especially regarding their identity. The Supreme Court Decision Directory as asite that contains information about Supreme Court decisions, including asummary of decisions, legal considerations, and links to complete decisionsshould pay attention to the importance of not publishing the identity of children inconflict with the law when uploading copies of decisions. Publication of theidentity of children in conflict with the law can have a very bad impact onchildren, such as stigmatization and discrimination which can affect their future.The type of research used in this research is normative juridical legalresearch or can also be called doctrinal legal research. Normative juridical legalresearch is library legal research. The research uses qualitative analysis whichproduces descriptive data.From the results of this research, there are several main things that can beconcluded. First, the Law on the Juvenile Justice System stipulates that theidentity of children in conflict with the law must be kept confidential, both in printand electronic media, but in reality there are still many decisions that do notobscure the child's identity before being uploaded to the Supreme Court DecisionDirectory website. such as decision Number 18/Pid.Sus-Anak/2021/Pn Srg whichexplicitly shows the identity of the child as the perpetrator, the name of theparents, and the place of residence where the decision can be accessed by thepublic. Second, the Supreme Court Directory's information officer's mistake inpublishing a copy of the child's decision may result in administrative sanctions,but in enforcing these sanctions it does not provide a deterrent effect so thatcriminal regulations as an ultimum remedium or as a final resort in lawenforcement are expected to provide a deterrent effect for Directory officers. TheSupreme Court is responsible for the case.Keywords: Publications, Child Identity, Supreme Court Directory.
ANALISIS PENERAPAN RULE OF REASON DALAM PENEGAKAN HUKUM ATAS PERSEKONGKOLAN BARANG/JASA DI KEMENTERIAN PEKERJAAN UMUM DAN PERUMAHAN RAKYAT (PUPR) KALIMANTAN TENGAH Ilham Ilham; Rika Lestari; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Abstract

This research is motivated by the results of decisions in KPPU decisions Number03/KPPU-L/2018, Number 04/KPPU-L/2018, and Number 06/KPPU-L/2018 . Stakeholderemployees appointed to be on the tender implementation committee were involved in theconspiracy to win one of the business actors. The tender committee facilitated collusion withone of the tender participants. The action taken by the tender implementation committee is toorganize and win certain tender participants, namely one of the Reported Parties, by providingexclusive and preferred opportunities and to help organize the Reported Party group to be ableto win the tender by displacing other Reported Parties at the technical level even though thedocuments are complete.This research aims to determine the application of the rule of reason approach and lawenforcement regarding goods/services collusion in the Ministry of Public Works and PublicHousing (PUPR) in Central Kalimantan. The method used is descriptive normative legalresearch using a statutory-regulatory approach to regulations relating to Article 22 of the Anti-Monopoly and Unfair Business Competition Law. This research source uses primary,secondary and tertiary legal materials with data collection techniques based on literature studyand data analysis techniques using the deduction method.The research results obtained are related to the application of the rule of reasonapproach to 3 (three) KPPU decisions, namely Numbers 03/KPPU-L/2018, 04/KPPU-L/2018,and 06/KPPU-L/2018, which are still not perfectly implemented. Furthermore, regarding lawenforcement regarding goods/services collusion that occurred at the Ministry of Public Worksand Public Housing (PUPR) in Central Kalimantan, in this case to the working group as oneof the respondents, the Assembly did not follow the provisions of Article 47 Paragraph (2)Letter F which stipulates there was payment of compensation even though it was legal andproven to fulfill the elements of tender conspiracy as explained in the case above. Even thoughall of the Reported Parties have been legally and convincingly proven in accordance withArticle 22.Keywords : Tender Committe, Conspiracy, Tender
POLITIK HUKUM LARANGAN ANGGOTA BADAN PERMUSYWARATAN DESA SEBAGAI PENGURUS PARTAI POLITIK BERDASARKAN UNDANG-UNDANGNOMOR 6 TAHUN 2014 TENTANG DESA M. Agum Wira Yudha Gumelar; Junaidi Junaidi; Zainul Akmal
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

In article 67 number 8 of Law Number 6 of 2014 concerning Villages it isexplained that the Village Consultative Body is prohibited from "becoming theadministrator of a political party". Cases of multiple positions are quitecommonplace in the nation and state, but their existence cannot be fully acceptedand they are even more likely to be rejected due to many factors, for example,they can cause conflicts of interest, the occurrence of multiple incomes, weaksupervision and so on.This type of research can be classified in the type of Normative legalresearch, which reveals legislation relating to legal theories that are the object ofresearch. The approach taken uses a qualitative analysis approach by looking fordata both in books, journals and other scientific works related to this research.The data sources used are primary and secondary legal materials.The conclusions that can be obtained from the research results are First,the political law prohibiting members of the Village Consultative Council aspolitical party administrators based on Law Number 6 of 2014 concerningVillages and the impact or implications where the political law prohibitioncreates village regulations that are oriented to the function of protecting andchanneling the aspirations of the village community, the supervisory functionsupervises the performance of the village headOf course, this article still createsmisinterpretation, therefore the Village Consultative Body cannot hold concurrentpositions as administrators of political parties, especially political parties fundedby the APBN and APBD. The prohibition of concurrent positions on the VillageConsultative Council in political parties in Law Number 2 of 2008 concerningPolitical Parties also contains no provisions that specifically regulate theprohibition of concurrent positions as political party administrators. Thelegislation also does not explain the concept of multiple positions clearly.Keywords: Village Consultative Body, Political Parties, Legal Politics,Prohibition, Ideal Ideas.
Reformulasi Pengaturan Sanksi Pidana Terhadap Pelaku Kejahatan Seksual Bagi Anak Penyandang Disabilitas Lubis, Muhammad Al Amien; Erdianto, Erdianto; Ferawati, Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Abstract

Children with disabilities are children who have physical, mental, intellectual or sensorylimitations for a long period of time who, in interacting with their environment and societalattitudes, may encounter obstacles that make it difficult to participate fully and effectively basedon equal rights. Sexual violence against children is regulated in Law Number 35 of 2014concerning Amendments to Law Number 23 of 2002 concerning Child Protection. This rule iscontained in Article 76 D. Article 81 of Law Number 35 of 2014 concerning Child Protectionregulates sanctions for criminal acts of sexual violence (obscene) against children. Althoughthere are regulations governing the protection of children, there is no specific protection forchildren with disabilities. Therefore, if children with disabilities experience sexual violence,they are always at a disadvantage.The objectives to be achieved in this research are firstly to find out the weaknesses ofthe existing criminal sanction arrangements against perpetrators of sexual crimes for childrenwith disabilities in Indonesian positive law and their implementation. The second is to formulatethe ideal punishment to be imposed on perpetrators of sexual crimes for children withdisabilities.The author conducted research using normative juridical methods or literaturestudies in order to obtain secondary data which was divided into 3 (three), namely primary,secondary and tertiary legal materials. In this study, researchers used a statutory approach thatwould examine law, namely the principle of openness which has a relationship to the problemsstudied.From the research results, there are two main things that can be concluded. The firstis related to the weaknesses in the existing criminal sanctions arrangements againstperpetrators of sexual crimes for children with disabilities in Indonesian positive law and how itis currently implemented in Indonesia. The second is the ideal punishment to be imposed onperpetrators of sexual crimes for children with disabilities, because children with disabilitiesare always disadvantaged and there is no special protection for them.The author's suggestion is that the state must update or reformulate laws related tosanctions against sexual crimes against children with disabilities. So that the crime rate ofsexual crimes against children with disabilities in Indonesia can be reduced. Suggesting that theimposition of sanctions on perpetrators of sexual crimes against children with disabilities begiven severe sanctions, namely a minimum of 20 years in prison or in accordance with theweight that should be imposed, namely plus one-third of the maximum sentence and it is hopedthat with this, justice will be achieved, and suggesting that the state should improve educationmore morals and character to all generations of the nation.Keywords : Children-Persons-Disabilities-Sexual-Violence-Reformulation
RELEVANSI HUKUM PEMBENTUKAN PERMA NO 1 TAHUN 2019 TENTANG PERSIDANGAN SECARA ELEKTRONIK YANG MENGGANTI PASAL 230 KUHAP TENTANG PERSIDANGAN SECARA LANGSUNG Charin, Ilham Putra; HZ, Evi Deliana; Junaidi, Junaidi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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This research analyzes the legal relevance of the formation of Supreme CourtRegulation (PERMA) Number 1 of 2019 concerning Case Administration and TrialElectronically in Court. Prior to the creation of PERMA No. 1 of 2019, traditional courtproceedings (in-person hearings) were conducted, as explained in the Indonesian Code ofCriminal Procedure (KUHAP) Article 230 paragraph 1, which states: “Court hearingsare conducted in the courthouse in the courtroom.” The theoretical framework used toanalyze the issues in this research are theory of legislative regulation formation and thelegal hierarchy theory introduced by Hans Kelsen, which posits that the legal system is ahierarchical ladder with layered norms. Norms determined by higher legal norms providethe validity basis for the entire legal framework that constitutes a unity.Using a normative juridical research method, the findings of this research indicate thatthe establishment of PERMA No. 1 of 2019 is not in conflict with the provisions ofArticle 230 of the Indonesian Code of Criminal Procedure. This regulation does notviolate the principle of the hierarchy of legislation in Indonesia, considering that PERMAis subordinate to laws with higher authority. Therefore, PERMA is consistent with theprinciple of lex superiori derogat legi inferiori, which stipulates that lower regulationsmust not contradict higher regulations. The authority of the Supreme Court to enactPERMA is a derivative (delegated) authority. Delegation of legislative authority to theSupreme Court is carried out with the intention of filling legal gaps that cannot always beaddressed by legislation. PERMA Number 1 of 2019 serves as a legal gap filler becauseprovisions of general and abstract laws still need to be detailed through lower-levelregulations that are concrete and technical.Keywords: relevance, hierarchy, Supreme Court regulation, Indonesian Code ofCriminal Procedure, trial.
PENYELESAIAN SENGKETA PERTANAHAN PT. ARARA ABADI YANG DI KLAIM OLEH MASYARAKAT PENDATANG DESA SUNGAI GONDANG KECAMATAN MINAS PROVINSI RIAU Andrea Sakavino; Maryati Bachtiar; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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The purpose of this study is, First, to find out the factors that cause land disputes atPT. Arara Abadi which was claimed by migrant communities from Sungai GondangVillage, Minas District, Riau Province. Second, to find out the obstacles in resolving landdisputes by PT. Arara Abadi which was claimed by migrant communities from SungaiGondang Village, Minas District, Riau Province.This research uses the type of sociological legal research. The sample in this researchis Public Relations of PT. Arara Abadi, Head of DLHK Riau Province, Head of district ofWest Minas, community leaders and the community itself. The analytical tool in this studyis a qualitative method. This study found that there were things that were less than optimalin reality on the ground, so it was necessary to anticipate them with maximum effort.The results of this study, the factors causing land disputes in PT. Arara Abadi, whichwas claimed by migrant communities in Sungai Gondang Village, Minas District, RiauProvince, consisted of several factors. First, because of a certificate issued by anunscrupulous village. Second, there is an acknowledgment that the area has long beenhanded down from generation to generation. Besides that, the constraints in resolving landdisputes by PT. Arara Abadi which is claimed by the people of Sungai Gondang Village,Minas District, Riau Province consists of several points. First, due to the unclear legalityof community land ownership. Second, the reported condition of the land does not matchwhat is claimed with the reality on the ground. Third, there are differences in demandsfrom society. To prevent similar incidents from happening, the important role of PublicRelations is to routinely conduct outreach to the local Village apparatus and thecommunity about the boundaries of the company's territory and the dangers of carryingout illegal activities in forest areas. In order for this problem to be resolved, it is better forthe company's public relations to be more intense in approaching the community andrelated parties so that it is important to preserve forests and respect the provisions thathave been given by the government to companies to manage these forests. Apart from that,other forms of corporate social responsibility can also be carried out with the aim ofcreating welfare for the community and minimizing the loopholes for reclaim by a groupof irresponsible people.Keywords: Land Disputes - Company - Communit
PENGATURAN SANKSI PIDANA TERHADAP JURU PARKIR LIAR YANG MEMINTA BAYARAN TARIF PARKIR TIDAK WAJAR Sahira, Qintara; Rahmadan, Davit; Andrikasmi, Sukamariko
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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A legal problem that often occurs in parking operations is the practice ofillegal parking attendants who charge unreasonable parking fees. Currently, theexistence of illegal parking attendants who charge unreasonable parking fees isincreasing in Indonesia, while there are no regulations that can catchperpetrators of these illegal fees. The aim of this skipsi research is firstly, to findout the reasons why it is important to regulate criminal sanctions against illegalparking attendants who charge unreasonable parking rates. Second, to formulatearrangements for criminal sanctions against illegal parking attendants who askfor unreasonable parking fees in the future.The type of research used is normative legal research using librarymaterials as data and reference sources. This research requires secondary dataconsisting of primary, secondary and tertiary legal material. The data collectiontechnique used by researchers is library research. This research uses a qualitativeanalysis method by interpreting legal materials. In drawing conclusions,researchers use a deductive method, namely drawing conclusions from generalstatements or propositions to specific statements or propositions.Based on the results of the research and discussion, there are two mainthings that can be concluded. First, the importance of regulating criminalsanctions against illegal parking attendants who charge unreasonable parkingrates aims to eradicate the practice of illegal fees in parking operations. Criminalsanctions are expected to be able to prevent the practices of illegal parkingattendants who charge unreasonable parking rates and provide a deterrent effectso that the perpetrator does not repeat the crime again. Second, the formula forregulating criminal sanctions against illegal parking attendants who ask forunreasonable parking fees in the future is in the form of criminal sanctions, finesand action sanctions in the form of job training.Keyword: Regulations-Criminal Sanctions-Illegal Levies-Parking Fees
INKONSISTENSI PUTUSAN MAHKAMAH KONSTITUSI TERKAIT KEWENANGAN MENGADILI SENGKETA PEMILIHAN KEPALA DAERAH (Studi Kasus Putusan Mahkamah Konstitusi Nomor 97/PUU-XI/2013 dan Putusan Mahkamah Konstitusi Nomor 85/PUU-XX/2022) Nadhirah Putri; Emilda Firdaus; Junaidi Junaidi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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This research aims to analyze the legal considerations of the Constitutional Court judgesin deciding a decision and see the inconsistency of the Constitutional Court in interpretingConstitutional Court Decision Number 97/PUU-XI/2013 and Constitutional Court DecisionNumber 85/PUU-XX/2022.This type of research can be classified into normative juridical research. By usingsecondary data which includes primary legal materials, secondary legal materials, and tertiarylegal materials and data collection techniques using literature studies. This research also usesqualitative data analysis and draws conclusions deductively.From the results of research on the problem, First, in the Constitutional Court DecisionNumber 97/PUU-XI/2013, the Constitutional Court judges considered that regional elections arenot included in the electoral regime as regulated in the 1945 Constitution of the Republic ofIndonesia, then in the Constitutional Court Decision Number 85/PUU-XX/2022, theConstitutional Court judges consider that there is no distinction between election and regionalelection regimes. Second, the cause of the Constitutional Court's inconsistency in interpretingdecisions regarding the authority to adjudicate regional election disputes is the lack of clarity inthe 1945 Constitution regarding the regulation of elections and regional elections, differences inthe logic of thinking of Constitutional Court judges in deciding and adjudicating regionalelection disputes, changes related to the composition of the members and chairman of the panelof Constitutional Court judges in Constitutional Court Decision Number 97/PUU-XI/2013 andConstitutional Court Decision Number 85/PUU-XX/2022, and changes to statutory regulationsrelated to resolving disputes over regional head results.Keywords : Regional Head Election – Regional Head Election Dispute Resolution

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