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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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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
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

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.
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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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
Analisis Yuridis Asas Fiksi Hukum Pada Pasal 81 Undang-Undang Nomor 12 Tahun 2011 Tentang Pembentukan Peraturan Perundang-Undangan Dalam Perspektif Teori Tujuan Hukum Jumiartis, Jumiartis; Artina, Dessy; Akmal, Zainul
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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The existence of legal fiction actually assumes that everyone knows the law(presumtioiures de iure). However, many people really don't know about the existence of agood rule because of a lack of socialization from the government, not awareness of thepeople concerned. Van Apeldoorn introduced the principle of Legal Fiction and it has beennormalized in article 81 of Law Number 12 of 2011. In Latin there is also the adageignorantia jurist non excusat, ignorance of the law cannot be forgiven. There is also astatement with the same principle, namely the principle of ignorantia juris neminemexcusat ,that is, ignorance of the law is not a reason for forgiveness for someone. As for the sound ofArticle 81 of Law Number 12 of 2011 in terms of promulgation, it is so that everyone knowsit, and in its explanation it states that everyone is considered to know the law. The aim of thisresearch is to find out the reasons for ignorance of legal fiction by finding out what theurgency is and whether legal fiction is in accordance with legal objectives.This research method uses a type of normative legal research using qualitativeanalysis by outlining, explaining and describing the principles of legal fiction and legalobjectives. By using primary legal materials such as the 1945 Constitution, Law Number 12of 2011 concerning the Formation of Legislative Regulations replacing Law Number 10 of2004, Law Number 14 of 2008 concerning Openness of Public Information, also with aconceptual approach , and cases. Also other supporting legal materials.Fictional research results that appear to be intended more to encourage confidencethat a given legal outcome is just and appropriate are known as emotive fictions, and are anapology for the necessity in which the law finds itself in linking the actions of the parties tolegal consequences that they could not have anticipated. as apologetic fiction. However,looking at the situation in Indonesia where there are still people who do not know the law,both in terms of education, awareness of the law, knowledge and the reach of access toinformation is not optimal. So, apart from the role of the state in terms of legal education orsocialization and so on, action and understanding and improvement of the conditions asreferred to are needed.Keywords: Legal Fiction, Legislation, Legal Objectives.
KEBIJAKAN TERHADAP PENGATURAN TINDAK PIDANA PERDAGANGAN ORGAN TUBUH MANUSIA DI INDONESIA Masdiana Simbolon; Mukhlis R; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Trading human organs is a criminal offense regulated in Law Number 36 of 2009concerning Health. However, in this law there is no article that formulates aspects of organtrafficking and there is no confirmation that organ trafficking itself can be punished. And thereis no difference in sanctions between people who sell their own organs and people who sellother people's organs. The aim of writing this thesis is, firstly, to find out the regulation ofcriminal sanctions for the criminal act of trafficking in human organs in Indonesia. Second, tofind out the policy for regulating the criminal act of trafficking in human organs in criminallaw in IndonesiaThis research is classified as normative legal research or can also be called doctrinallegal research. Thus, this research uses secondary data sources consisting of primary,secondary and tertiary legal materials. In this research, the data analysis carried out isqualitative analysis and draws conclusions deductively.From the results of the research and discussion it can be concluded that, first, in theregulation of the criminal act of trafficking in human organs contained inLaw Number 36 of 2009 Article 64 paragraph (3), it has not explicitly mentioned theaspects of trafficking in human organs and there are no differences in sanctions in Article 192of the law. Second, there needs to be policy efforts or reform of criminal law, namelyemphasizing aspects of human organ trafficking considering that there are many ways to carryout this criminal act. As well as differentiating sanctions between people who sell their ownorgans and people who sell other people's organs as stated in the regulations of other countriessuch as Singapore and South Korea.Keywords: Policy-Regulation-Trafficking of Human Organs
PELAKSANAAN PERJANJIAN JUAL DAN SEWA BALIK (SALE AND LEASE BACK) ANTARA PT. INTAN BARUPRANA FINANCE DENGAN PT. KARYA ALAM LESTARI Karnofa, Sa’dianti Nabila; Bachtiar, Maryati; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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An agreement is a legal event where one person promises another person or twopeople promise each other to do or not do something. One form of implementation of thisagreement is that which occurs between PT. IBF (PT. Intan Baruprana Finance) with PT.KAL (PT. Karya Alam Lestari). In the case of PT. IBF (PT. Intan Baruprana Finance)with PT. KAL (PT. Karya Alam Lestari), PT. IBF as lessor and PT. KAL, who then aslessee, entered into a Sale and Lease Back Agreement with the object of collateral beingtwo units of Factory Trailer Maunted Air Foam Package in 2012.This research is sociological legal research, it is based on field research whichrefers to information from interviews and observations as well as supporting documentsthat have a correlation with the background of the problem to be studied. This researchuses secondary data sources consisting of primary, secondary and tertiary legal materials.This research uses qualitative data analysis by producing a deductive method of drawingconclusions, namely drawing conclusions from general matters to specific matters.Based on the results and discussion that have been explained previously, theauthor draws the following conclusions: Implementation of the Sale and Lease BackAgreement that occurred between PT. IBF and PT. KAL is still not implemented properly.This is proven by several negligences made by the lessee during the agreement, such asnon-payment of the Financing Rent which should have been paid monthly in the amountof Rp. 388,239,248 (three hundred eighty eight million two hundred thirty nine thousandtwo hundred forty eight thousand) and the transfer of the position of 2 units of FactoryTrailer Maunted Air Foam Package without notification and confirmation to the lessor,and the financing object was found to be rusty and not well maintained . This fulfills therequirements for breach of contract in Article 13 of the Financing Lease Deed which hasbeen agreed upon by both parties.
TINJAUAN YURIDIS PEMERASAN SEKSUAL (SEXTORTION) DALAM UNDANG-UNDANG NOMOR 12 TAHUN 2022 TENTANG TINDAK PIDANA KEKERASAN SEKSUAL Rischa Puspita Sari; Davit Rahmadan; Tengku Arif Hidayat
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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The development of information and technology has given rise to virtualsexual activity called sextortion. In Indonesia, various existing regulations havenot been able to become a legal basis to properly protect victims of sextortioncrimes. In fact, sextortion cases are one of the most widespread forms of onlinesexual violence in Indonesia. The purpose of writing this thesis is: First, to findanswers regarding the concept of sexual extortion (sextortion) in positive law inIndonesia. The second is to find a solution to the problem regarding the preciseboundaries regarding sexual extortion (sextortion) in Law Number 12 of 2022concerning Crimes of Sexual Violence.This research uses normative juridical methods. The author conductedresearch on doctrines or principles in legal science, especially on the principle oflegal certainty, which is descriptive in nature. In this research, the data sourceused is secondary data source. Data collection was carried out by means oflibrary research, with qualitative data analysis.The results of the research in writing this thesis can be concluded. Firstly,the concept of sexual blackmail (sextortion) in positive law in Indonesia isregulated in the Criminal Code, the Pornography Law, the ITE Law and theTPKS Law, however the existing regulations still have weaknesses in providingprotection to victims. Second, regarding sextortion crimes in Indonesia in LawNumber 12 of 2022 concerning Crimes of Sexual Violence, there are stillweaknesses in terms of the definition of sextortion, the threat of blackmail used insextortion crimes, information or electronic documents used in sextortion crimes,and how to obtain them. Thus, there is still a need to refine and explain theelements of the articles in the sextortion act in order to fill legal gaps and providelegal certainty in future sextortion cases.Keywords : Criminal Act – Sexual Violence – Sextortion
PELAKSANAAN PERATURAN MAHKAMAH AGUNG NOMOR 4 TAHUN 2019 TENTANG PERUBAHAN ATAS PERATURAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2015 TENTANG TATA CARA PENYELESAIAN GUGATAN SEDERHANA DI PENGADILAN NEGERI PEKANBARU Arifin, Rizki Haidir; Bachtiar, Maryati; Darnia, Meriza Elpha
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Supreme Court Regulation Number 4 2019 the change of Supreme Court Regulation Number 22015 about Small Claim Court Implementation Procedure regulate about small claim court mechanismfrom the case received by court until the call for the defendant to implement the decision or called byaanmaning, in the case number 37/pdt.g.s/2021/PN.Pbr and 27/pdt.g.s/2023/PN.Pbr there few thingsthat couldn’t applicated according to the regulation, there is the maximal time to finish the lawsuit andthe maximal time to determine aanmaning, the purpose of this research is to know how theimplementation and the obstacle of Supreme Court Regulation Number 4 2019 the change of SupremeCourt Regulation Number 2 2015 about Small Claim Court implementation procedure in PekanbaruDistrict court.Type of research used is empirical research and is supported by literature studies, the authordirectly conducted research on the location to provide a clear picture of the problem being studied. Thisresearch was conducted at the Pekanbaru District Court, the sample population in this study was Mr.Jon Kenedi as representative of the plaintiff's attorney, Mr. Boyke Amri as representative of thedefendant's attorney, Mr. Salomo Ginting and Mr. Sugeng Harsoyo as Judge of the Pekanbaru DistrictCourt, Mr. Sutanto as Registrar of the Pekanbaru District Court, data sources used, primary data andsecondary data, data collection techniques in this research using interviews, literature review and dataanalysisThe results of research on problems regarding the implementation of Supreme Court Regulation4 of 2019 can be concluded that the implementation of Supreme Court Regulation Number 4 of 2019 atthe Pekanbaru District Court has actually reduce the accumulatiion case, there are several provisionsthat have not been implemented in accordance with the Supreme Court Regulation which is caused by anumber of internal inhibiting factors. namely limited time and external, namely the absence of the partiesat the first hearing. Therefore the judges as the implement of the regulation need to know what is theobstacle of the implementation Supreme Court Regulation in Pekanbaru District Court to solve theunsuitable application of Supreme Court Regulation, and the party who involved in the determine ofaanmaning should pay attention to more details regarding the timing of the aanmaning determinationand the purpose formed of Supreme Court Regulation Number 4 2019 The Change of Supreme CourtRegulation Number 2 2015 about Small Claim Court Implementation Procedure can be achieved.Keywords: Small Claim Court-Supreme Court Regulation-Implementation.
HUKUM TINDAK PIDANA PENCURIAN DATA PRIBADI ANTARA HUKUM INDONESIA DAN HUKUM MALAYSIA Ummah, Kuntum Khaira; Jayakusuma, Zulfikar; Rahmadan, Davit
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Theft of personal data or Personal Data Theft is a crime to steal information, money, or somethingthat has value, where profit is the perpetrator's motivation. In fact, a person's personal data must receivelegal protection. This theft of personal data is very detrimental to society and includes a violation ofsomeone's privacy. Indonesia and Malaysia are two countries that have ratified the personal dataprotection law. Indonesia, which adheres to a civil law legal system, regulates the protection of personaldata through Law Number 27 of 2022 concerning Personal Data Protection, although it has regulated theprotection of personal data in Indonesia, the potential for violations of the right to privacy over personaldata not only exists in online activities but also offline activities. Potential privacy violations in masspersonal data collection activities (digital dossier), direct marketing (direct selling), social media,implementation of e-KTP programs, implementation of e-health programs and cloud computing activities.The aim of this research is first: To find out how the criminal law for theft of personal data comparesbetween Indonesian law and Malaysian law. Second: To find out what the concept of legal protection forcriminal acts of theft of personal data will be in the future. This type of research is normative juridicalresearch with a comparative legal method, which means finding the truth of coherence, namely whetherthere are legal rules in accordance with legal norms and whether there are norms in the form of orders orprohibitions in accordance with legal principles and whether a person's actions are in accordance withlegal norms (not just in accordance with legal rules) or legal principles.The results of this research are that the criminal law for theft of personal data between Indonesianlaw and Malaysian law has similarities and differences in several aspects, such as regulations related topersonal data theft, authorized institutions, and the advantages and disadvantages of each country. Thesimilarities between Indonesian law and Malaysian law can be seen in the principles of personal dataprotection and the rights of data subjects regulated in laws or regulations relating to the theft of personaldata and the concept of legal protection for criminal acts of theft of personal data in Indonesia in the future.This can be seen from two aspects, namely the substantial aspect and the structural aspect.Keywords: Comparative Law-Crime Theft of Personal Data-Indonesia-Malaysia
POLITIK HUKUM PENGATURAN PENUNJUKAN DATUK ADAT DALAM MASYARAKAT HUKUM ADAT PESUKUAN LUHAK RAMBAH DI KABUPATEN ROKAN HULU Yuli Hesman; Evi Deliana; Zainul Akmal
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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In the election of the traditional datuk in Luhak Rambah, there is an arrangement inthe form of appointment. However, in this case, conflicts and controversies often occurbetween the children and nephews of tribal groups. Therefore, this research aims to find outthe electoral system, traditional leadership structure in Luhak Rambah, and so on. This iswhat ideally happens in the Luhak Rambah community and this research can be used as areference in making a policy. So, from this research, it was found that, in the legal system forthe election of traditional datuks in the customary law community of the Luhak Rambah tribe,the election was carried out due to several factors.The first was that the replacement of the dila was due to the condition of thetraditional datuk (age and illness), so the election was carried out by means of deliberationand an appointment process. /appointed in accordance with the order of descent of thenephew's children. Second, the election is because the traditional datuk dies, so the electionis carried out by determining which nephew's son will hold the body of the grandfather forthe first time (cleaning the genitals), then that is the person who will be appointed to be thedatuk next custom. From this research, ideas/mechanisms and more relevant regulationsfrom the government are needed as guidelines and implementation rules to overcomeproblems that have occurred so that they do not happen again and can be carried outaccording to existing customs.Keywords : Electoral System, Customs, Tribal People, Luhak Rambah
IMPLEMENTASI PASAL 36 PERATURAN PEMERINTAH NOMOR 36 TAHUN 2021 TENTANG PENGUPAHAN TERHADAP PEKERJA USAHA MIKRO KECIL DAN MENENGAH DI KECAMATAN TUAH MADANI KOTA PEKANBARU Farhan, M; Firdaus, Emilda; Junaidi, Junaidi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Micro, Small, and Medium Enterprises (UMKM) are business units thathave independent productive activities, and can be run by individuals or businessentities, which operate in various economic sectors. operate in various economicsectors. Speaking of labor issues, wage issues remain a major concern inIndonesia as a developing country. The law regarding minimum wage regulationis Government Regulation Number 36 of 2021 concerning Wages. Article 6paragraph (1) of this regulation explains that the policy on minimum wage aimsto ensure that workers/laborers receive sufficient income to meet their livingneeds. Further details regarding this arrangement can be found in Chapter VI ofGovernment Regulation No. 36 of 2021 Article 36 on the Lowest Wage in Microand Small Enterprises which states that the wage is at least 50% of the averagecommunity consumption at the provincial level. However, there are still UMKMworkers who receive wages below the regulated standard.This research is a sociological legal research, namely research thatlooks at the relationship between law and society with the gap between the lawthat should and the law that actually occurs. The research was conducted at theManpower Office of Pekanbaru City and at the Manpower and TransmigrationOffice of Riau Province. This research also contains questionnaires distributed toworkers and employers in Pekanbaru City. Data collection techniques throughinterviews, questionnaires and literature review.From the results of the research that has been conducted, theimplementation has not been maximized. This is because the relevant agenciesmove only based on reports or complaints that are obtained. Factors that causeless than optimal implementation are the lack of human resources or members toinspect throughout Riau Province and the lack of facilities and infrastructureobtained from the government. Efforts made by related agencies if they get areport, namely by providing guidance, supervision and action to the reportedparty.Keyword : Wage, Labor, UMKM.

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