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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
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PROBLEMATIKA PEMENUHAN HAK-HAK NARAPIDANA TERKAIT OVERKAPASITAS DI DALAM LEMBAGA PEMASYARAKATAN DI INDONESIA Nurul Syahvira; Davit Rahmadan; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Abstract

As one of the sub-systems of criminal justice, penitentiary institutions (Lapas) have a rolein implementing the guidance of prisoners and correctional students through a correctionalsystem based on education, rehabilitation and reintegration. However, in its development, thecoaching that was carried out was not optimal because of the complexity of the problems thatoccur in prisons. One of the root causes of problems in correctional institutions/detention centersis over capacity. Various policies have been taken to overcome the problem of over capacity,including through the rehabilitation of buildings to the construction of new buildings with the aimof increasing the capacity of prisons and detention centers. However, this policy was notsignificantly able to overcome the problem of overcapacity considering that the additionalnumber of prisoners and inmates was still far greater as a result of the high crime rate in society.This study was structured using qualitative analysis. Qualitative analysis producesdescriptive data, namely collecting all the necessary data obtained from primary and secondarylegal materials. This type of research is normative juridical, namely research that is focused onexamining the application of rules or norms in positive law.The results of the research conducted by the author are, first, the problem of fulfilling therights of convicts related to overcapacity in correctional institutions in Indonesia, namelyconvicts not getting proper resting places due to limited space, overcapacity in prisons alsocauses other crimes, such as riots in correctional institutions, less optimal coaching carried outby correctional officers; Health problems; and satisfaction of the conjugal visit. Second, theideal form of granting and fulfilling the rights of convicts in correctional institutions in Indonesia,such as granting remissions, assimilation, conditional leave, leave to visit family, leave beforerelease; Application of Rehabilitation; Application of restorative justice; Relocation of convictsand construction of new land; Optimizing coaching; and good time allowance developmentprogram. The author's suggestion is that for the government this condition depends ongovernment policies to regulate existing laws and regulations and strengthen coaching programsto accelerate the reintegration of convicts; Law enforcers should prioritize the restorative justiceapproach in cases of minor crimes that harm other people or carry out rehabilitation for narcoticsabuse cases (except for recidivists).Keywords: Fulfillment, Convict Rights, Penitentiary, Overcapacity
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
PERLINDUNGAN HUKUM TERHADAP ANAK KORBAN KEKERASAN SEKSUAL OLEH UNIT PELAKSANA TEKNIS DAERAH PERLINDUNGAN PEREMPUAN DAN ANAK KOTA DUMAI Sri Asma Harahap; Syaifullah Yophi; Tengku Arif Hidayat
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Abstract

Children are buds, potentials, and the younger generationto continue the ideals of the nation, have strategic roles and have specialcharacteristics and characteristics that guarantee the continued existenceof the nation and state in the future. Children are a portrait of the nation'sfuture in the future, the next generation of the nation's ideals, so that everychild has the right to survive, grow and develop, participate and is entitledto legal protection.This type of research can be classified as sociological legalresearch, because this research was conducted by looking at the effect ofthe enactment of positive laws on people's lives. This sociological researchexamines the legal protection of child victims of sexual violence by theRegional Technical Implementation Unit for the Protection of Women andChildren. The data sources used are primary data, secondary data, datacollection techniques in this study are interviews, the data used is primaryprocessed data.From the results of the research conducted, it can beconcluded, First, legal protection in the form of Juridical or LegalServices, Medical Services and Psychological Services. Second, theobstacles faced are internal factors such as a lack of human resources(employees) and limited funding sources. external factors in the form ofchildren not realizing they are victims, fear of not obeying the perpetrator,low legal awareness on the part of victims of society, public distrust oflegal protection and lack of awareness of cases of child victims of sexualviolence. Third, efforts to overcome obstacles include improving internaldeficiencies, namely increasing human resources (employees), managingthe available budget, increasing the responsibility of the UPTD PPA. Andexternal shortcomings, namely socialization in the region, providingoutreach in schools, carrying out campaigns in the mass media.Keywords: Legal Protection - Child Victims of Sexual Violence
KEBIJAKAN HUKUM PIDANA PELECEHAN SEKSUAL SECARA VERBAL DALAM HUKUM PIDANA INDONESIA Luthfi, Saskia Salsabilla; R, Mukhlis; Rahmadan, Davit
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Sexual violence is increasingly happening, both in public places and inoffices. Problems Sexual violence is a form of human rights violations, crimesagainst human dignity, and forms of discrimination. According to his definition,sexual violence is any form of behavior that has a sexual content that is carriedout by a person or a number of people but is not liked and not expected by theperson who is being targeted so that it causes negative consequences, such as:shame, offence, humiliation, anger, loss of self-esteem, loss of holiness and so on.From the background of the problem above, the purpose of writing this thesis:first, to find out how to regulate verbal sexual harassment in Indonesian CriminalLaw. Second, to find out how to regulate verbal sexual harassment in severalcountries. Third, to find out how to regulate verbal sexual harassment inIndonesia in the future.The author conducts research using normative juridical methods. Thesource of data used is library research, namely in order to obtain secondary datathrough documentary studies, namely by studying and analyzing comparativelydescriptive laws and regulations with theories that have a relationship with theproblems studied.From the results of the study, there are three main things that can beconcluded: First, the regulation of verbal sexual harassment in IndonesianCriminal Law is seen from the Criminal Code and the Criminal Procedure Code,the regulation of verbal sexual harassment in several countries such as SexualOff. ences Act is used by 4 countries, namely Barbados, England, Bahamas andIndia, Third, the regulation of verbal sexual harassment in Indonesia in the futurewhich refers to the Law on the Elimination of Sexual ViolenceKeywords : Verbal Sexual Harassment – Verbal Sexual Arrangements -Indonesian Criminal Law
IMPLEMENTASI PENEGAKAN HUKUM TERHADAP ANAK SEBAGAI PELAKU KEKERASAN SEKSUAL DI KOTA PEKANBARU Salsabila, Putri Nanda; Erdianto, Erdianto; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Abstract

Article 76 E of Law Number 35 of 2014 concerning Amendments to LawNumber 23 of 2002 concerning Child Protection states that the criminal act ofmolesting a child which is punishable by a minimum sentence of 5 (five) years in prisonis a serious crime, but in reality in the Police Pekanbaru City Resort has several casesof fornication that have not been resolved because the police have stopped investigatingthe cases because mediation has been carried out. This type of research is sociologicallegal research, namely an attempt to see the influence of the enactment of positive lawon people's lives.This research is also descriptive in nature, namely the author tries to describelaw as a form of social control related to the establishment and maintenance of socialrules, with a basic view of the law's ability to control human behavior and createconformity in these behaviors.This research aims to find out how law enforcement is carried out by thePekanbaru City Resort Police, especially Women and Child Protection UnitInvestigators, what obstacles are faced in law enforcement and what efforts can bemade to overcome obstacles to law enforcement at the Pekanbaru City Resort Police.The results of this research explain that law enforcement carried out by thePekanbaru City Police, especially the Women and Children Protection UnitInvestigators, has not been optimal in cases of criminal sexual abuse of children. Theobstacles faced by the Police are the lack of quality and quantity of Women andChildren Unit Investigators, lack of cooperation from the victim or the victim's family inproviding information related to the case being processed, and a lack of public legalawareness. The efforts that the author offers in this research are to improve the qualityand quantity of investigators in the women's and children's unit at the Pekanbaru CityPolice Department, increasing public insight regarding the importance of legalawareness in order to create justice, benefit and public welfare.Keywords: Law Enforcement - Crime - Sexual Abuse - Children.
ANALISIS PERLINDUNGAN HUKUM BAGI KREDITUR ATAS PENETAPAN EKSEKUSI PERJANJIAN KREDIT DENGAN JAMINAN HAK TANGGUNGAN PADA PT.BANK RAKYAT INDONESIA Marissa Illahi Putri; Mardalena Hanifah; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Abstract

Credit position in the business world should receive legal protection from astrong guarantee institution and can provide legal certainty for all interestedparties regulated in a special regulation on it. The process of providing credit withcollateral often occurs that the creditor is harmed when the debtor defaults. In fact,creditors holding Dependent Rights have the right to sell the guarantee on theirown power if the debtor defaults as stipulated in Article 6 of Law No. 4 of 1996.However, in practice there is often resistance on the part of the executed debtor,thus hindering the execution of the Right of Dependent.The purpose of the studyis first, legal protection for creditors for the determination of credit agreementexecution. Second, the guarantee of the rights of dependents and the interpretationof execution based on the provisions of the Law on Rights of DependentsThis type of research can be classified into normative types of research. Byfocusing on the scope of legal principles. This research uses data sources in theform of basic norms, basic regulations and laws and regulations from primary dataand archives of execution case files from secondary data, and data collectiontechniques are carried out by library reasearch.From the results of the study, it can be concluded that the creditor's legalprotection for the determination of the execution of credit agreements withcollateral is that the Certificate of Liability has an Executive Title as stipulated inArticle 14 paragraph (2) of Law No. 4 of 1996, so that creditors have full power toexecute the guarantee and get full debt repayment if the debtor defaults. Theinterpretation of the provisions of the article in Law Number 4 of 1996 is to givethe right to sell the object of the Dependent Rights on their own power (parateexecutie) through auction without asking for assistance from the Court, and eventhough the object of the Dependent Rights has moved into the property of otherparties, creditors can still exercise their rights to exercise their rights If the debtordefaults.Keywords: Creditor - Debitor - Legal protection
ANALISIS PROSES HARMONISASI RANCANGAN PERATURAN DAERAH PROVINSI RIAU SEBAGAI BAGIAN PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN DI INDONESIA Ulhaq, Kaafin; Haryono, Dodi; Rauf, Muhammad A.
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Harmonization the draf regional regulation is an attempt to harmonize,adjusting, strengthening and rounding up the conception of a draf regionalregulatios, wheter higher, equal or more low, and other matters other than lawsand regulation, so that they are arranged systematically, not conflicting oroverlappig, regional regulations in Riau Province must of course be inaccordance with the principles of forming laws and regulations and providiondthat are in accordance with the philosophy o Pancasila and local wisdom.This research is a sociological legal research, this is based on fieldresearch which refers to interviews and observations statements as wellsupporting documents that have a corelation with the background of the problemto be studied. This study uses secondary date sources consisting of primary,secondary, and tertiary legal materials. This study uses qualitative date analysisby producing a deductive method of drawing conclusions, namely drawingconclusions from that are general to things that are specific.From the results of the discussion, it can be concluded that theharmonization, rounding and strengthening of the draft Provincial RegionalRegulations was carried out by vertical agencies, in this case the Regional Officeof the Ministry of Law and Human Rights, Riau Province. Obstacles in theprocess of harmonization of Riau Province Regional Regulations are caused byseveral factors, namely: the minimum number of human resources, the difficultyof adjusting time between agencies, and the limited budget resulting in norescheduling of the process. Efforts that need to be made so that theharmonization of the Riau Province Regional Regulation Draft can beimplemented is by providing an adequate number of human resources to carry outthe harmonization, the obligation of the relevant parties to be present whendiscussing harmonization, and the existence of an adequate budget to guaranteelegal products in the form of Regional Regulations.Keyword: Harmonization, Regional Regulation, Riau province.
URGENSI PELAKSANAAN SUMPAH JABATAN PEGAWAI NEGERI SIPIL DALAM PASAL 1 PERATURAN PEMERINTAH REPUBLIK INDONESIA NOMOR 21 TAHUN 1975 DALAM PERSPEKTIF NEGARA HUKUM DI INDONESIA M. N. Julnafid; Rika Lestari; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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In Kuantan Singingi Regency, specifically Inuman District, there are still many cultures andtraditions, one of which is "bagito". Bagito means accepting or adopting a child who is not one's owndescendant through a traditional procession with the intention of treating and caring for the child likeone's own child, then the child is called anak Bagito, the term for adopted children in Inuman District.This research is related to the implementation of Malay Kuantan customary inheritance for Bagito'schildren in Inuman District, Kuantan Singingi Regency. The purpose of this study is to find out howinheritance is divided according to customary law in Inuman District, Kuantan Singingi Regency andwhat are the criteria for a Bagito (adopted child) not to receive inheritance rights according to theninik mamak.This type of research is a sociological law research, because it is based on field research,namely by collecting data from interviews and literature studies that have to do with problems usingqualitative data analysis, producing descriptive data, and concluded with a deductive thinkingmethod.From the results of the study it was concluded that, first, the distribution of inheritanceaccording to custom has actually been carried out properly, in accordance with the rules of customarylaw. Inheritance in customary law in Inuman District can also be given to Bagito's children who havegone through a traditional ceremonial procession, Bagito's children have the position of legal heirs oftheir adoptive parents and have special rights, that is, they can still become heirs of their biologicalparents. Second, the criteria for a Bagito child not to receive inheritance rights according to the ninikmamak of Inuman District, Kuantan Singingi Regency, in terms of inheritance, Bagito's child gets thesame share as his biological child. However, according to the ninik mamak, there are 4 (four)provisions for Bagito's children not receiving inheritance rights, namely not respecting and lovingtheir adoptive parents during their lifetime, not having a good relationship with relatives of theiradoptive parents, changing beliefs or religions, and not obeying customary law. If one of them is doneaccording to the ninik mamak, Bagito's children do not have the right to inherit from their adoptiveparents. Of the 3 (three) cases of Bagito's child inheritance disputes, there is 1 (one) case of Bagito'sson not receiving inheritance rights according to ninik mamak criteria. The criteria of the ninikmamak apply in the distribution of inheritance to Bagito's children.Keywords : Customary Inheritance – Bagito’s Son – Customary Law
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
PROSES PENYELESAIAN SANKSI POLISI PENJAGA TAHANAN TERHADAP TAHANAN YANG MELARIKAN DIRI DI KEPOLISIAN RESOR KOTA PEKANBARU Donni Saputra; Mukhlis R; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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The Police Institution is a state institution that aims to create order, peaceand security in the community both in terms of prevention, eradication, andprosecution of criminal acts. One of the police authorities is detention. Detaineesare guarded by custody officers, if the detainee escapes causing a legal problem,in the implementation of the possibility of abuse of authority by custody officers,either due to lack of skills and understanding of the apparatus or due tonegligence which resulted in the detainee escaping.This type of research can be classified into empirical sociologicalresearch. With the research location located in Pekanbaru City, especially in thejurisdiction of the Pekanbaru City Resort Police, while the population and sampleare all parties related to the problem under study. This research uses data sourcesin the form of primary data and secondary data, and data collection techniquesare carried out by interview.From the research results of the problem there are 3 main things that canbe concluded. First, the process of resolving sanctions of detention guard officersagainst escaped prisoners is subject to disciplinary sanctions and disciplinarysanctions due to negligence in not carrying out their duties properly resulting inprisoners escaping. Second, the obstacles in the process of resolving the sanctionsof detention guards against escaped prisoners according to the Pekanbaru CityResort Police have no obstacles, because in the implementation process it iscarried out in accordance with statutory procedures, while according toAdvocates OBH PAHAM Riau must have obstacles in the process, because in theprocess of resolving sanctions the lack of assertiveness of the leadership towardstheir subordinates, should make the detention guard officer involved in findingdetainees, then sanctions will be given to the detention guard officer. Third, theefforts made in overcoming the obstacles are by means of leaders alwaysreminding their subordinates of their duties and responsibilities as prisoner guardofficers in order to anticipate events like this not happening again in thePekanbaru City Resort Police.Keywords : Process - Guard Officer – Prisoner.