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INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Articles 2,579 Documents
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POLITIK HUKUM PEMBUBARAN PARTAI POLITIK BERDASARKAN UNDANG-UNDANG NOMOR 24 TAHUN 2003 TENTANG MAHKAMAH KONSTITUSI NOVRILA, YUTIKA; Indra, Mexsasai; HB, Gusliana
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

Legal Politics which is the direction of a legal policy made officially by the stateregarding laws that will be enforced or will not be enforced to achieve state goals within acertain period as well as a formal-procedural mechanism that determines whether or not thislaw-making procedure is legal can be related to legal development which cannot be separatedfrom the social reality that lives in a country. The dissolution of political parties is regulated inarticles 68 to 73 of Law no. 24 of 2003 concerning the Constitutional Court. As in other cases,in an application for the dissolution of a political party, there are three (3) possible decisionsthat will be handed down by the constitutional court, namely the application is declaredinadmissible, the application is granted and the application is decided within 60 days. If theconstitutional court is of the opinion that the petition does not meet the requirements. So thatresulted in weaknesses in the constitutional court, related to the existence of Legal Standingholders for proposing the dissolution of political parties which were only proposed by thegovernment. Until now, the Constitutional Court has never decided to disband a political partybecause it has never been brought to court.The purpose of this study is to find out an idea that there is a weakness in theConstitutional Court in the dissolution of political parties in Indonesia. This type of researchis normative in which the writer tries to collect and analyze bibliographical data as a writingsource which is divided into primary, secondary and tertiary data.The results of this study are that the dissolution of political parties is due to partyactivities that are contrary to Pancasila, and the 1945 Constitution of the Republic ofIndonesia. So that there is a weakness in the Constitutional Court in dissolving politicalparties, which no longer fulfills the requirements determined by laws and regulations anddoes not carry out its obligations and does not carry out its functions in accordance withapplicable laws and regulations, in laws and regulations, legal politics has a very importantrole as a necessary reason in the formation of a statutory regulation and becomes aformulation in articles. Indonesia is a democratic country that must uphold democratic valuesand the concept of law must have an obligation to guarantee legal order, guarantee theupholding of a law as a prosperous socio-economic concept for service.Keywords: Legal Politics - Constitutional Court - Dissolution of Political Parties
PERBANDINGAN PEMOHON DALAM PERKARA PEMBUBARAN PARTAI POLITIK ANTARA INDONESIA DENGAN SLOVENIA Fhirman Sinaga; Emilda Firdaus; Junaidi Junaidi
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 hallmark of the rule of law is a democratic system of government. In aconstitutional democratic system, the existence of political parties is a necessitybecause it will be a place to convey people's aspirations. The purpose of this studyis to find out how the legal arrangements for the dissolution of political parties inIndonesia and Slovenia. The research used is normative legal research which isusually only a document study.The data used are secondary data consisting of primary legal materials,secondary legal materials, and tertiary legal materials. The method used in thisresearch is the literature method, namely by conducting research from variousreading sources related to research. This data collection technique is carried outby reading, studying, reviewing and analyzing legal materials (primary andsecondary legal materials) by adjusting the problems studied by the author. Dataanalysis is by conducting an analysis with qualitative measures that rely onsubstance with data collection that concludes.The result of the study is the arrangement of the dissolution of politicalparties in Indonesia that the government has the right as an applicant in the caseof dissolution of a political party, while Slovenia that Everyone can apply.Keywords : Dissolution, Applicant, Government, Political Party.
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
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

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
URGENSI PERLINDUNGAN HUKUM PEGAWAI PEMERINTAH DENGAN PERJANJIAN KERJA (PPPK) DALAM PEMUTUSAN HUBUNGAN KERJA OLEH PEMERINTAH Andreas, Parda Doni; 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

Government employees with a work agreement (PPPK) are Indonesian citizens whohave met the requirements and are appointed based on the work needs of government agencies.Government employees with a work agreement are appointed by civil service developmentofficials (PPK) with a work contract. If the maximum contract term limit is not strictlystipulated, it is feared that there will be potential politicization of the extension of the PPPKcontract by irresponsible individuals and then termination of PPPK employment may alsooccur. because there is a downsizing of the organization or government policy which results ina reduction in PPPK, what compensation will PPPK receive when that happens and what arethe legal remedies for termination of employment.The purpose of writing this thesis is: first, to find out the legal protection for governmentemployees with work agreements (PPPK) who are affected by termination of employment(PHK) by the government. Second, to find out the legal remedies that can be taken bygovernment employees with work agreements (PPPK) who are affected by termination ofemployment (PHK) by the government. The research method in this thesis uses a normativejuridical type of research, namely research that focuses on examining the application of therules of law. rules or norms in positive law. The nature of this thesis research isresearchdescriptivewhich systematically describes the facts and characteristics of the objectbeing studied accurately. The data source used is the data sourcefirst, seconds andtertiary, Thedata collection method used in this research is firstly literature study, which is a technique forobtaining secondary data through documents related to the problem, objectives and benefits ofthe research, then after the data is collected it is then analyzed to draw conclusions.Based on the research results, PPPK preventive legal protection, old age security,severance pay and legal assistance, then if there is a downsizing of government organizations,PPPK whose competence is still needed and the relevant regional contract has not yet endedwill be transferred to a unit that needs it in accordance with its competence, repressive effortsas The form of protection is the State Civil Apparatus Advisory Body which has the authorityto receive, examine and make decisions on Administrative Appeals, the two PPK's legalremedies in the First Layoff, through an objection mechanism which is submitted in writing tothe superior official who has the authority to punish by including the reasons for the objectionand a copy of which is submitted. to officials who have the authority to punish. Second, throughan administrative appeal mechanism submitted to the State Civil Apparatus Advisory BodyKeywords: Officials, Government, Employment Agreement
TINJAUAN HUKUM TENTANG IMPLEMENTASI TUGAS DAN FUNGSI BADAN PENGEMBANGAN SUMBER DAYA MANUSIA PROVINSI RIAU DALAM RANGKA PENGEMBANGAN KOMPETENSI PEGAWAI NEGERI SIPIL Hadra Nafila Fajriani; Evi Deliana; Muhammad A. Rauf
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 smooth implementation of government tasks and national developmentis highly dependent on the working mechanism of the state apparatus, especiallycivil servants. Civil Servants, hereinafter abbreviated as PNS, are not onlyelements of the state apparatus, but also public servants who live in the midst ofsociety and work for the benefit of society. The position and role of civil servantsin every government organization is very decisive, because civil servants are thebackbone of the government in carrying out national development.This study is based on the fact that it is important to develop humanresources by increasing skills to create administrative officers who are competentin the field of human resource management. The purpose of this study was toexamine and analyze human resource development through capacity building atthe Human Resource Development Board of Riau Province.This research is sociological legal research, namely research that looks atthe relationship between law and society with the gap between the law that shouldand the law that actually occurs. This research was conducted at the HumanResources Development Board of Riau Province. This research also containsinterviews distributed to civil servants who participated in competencydevelopment and those who did not participate in competency development. Thedata collection technique was carried out by interviews and literature review.From the results of research that has been done, the implementation hasbeen going quite well. This is because the relevant agencies are moving throughupdates for employees in competency development. The inhibiting factors areadministrative sanctions that have not gone well and the limited budget of fundsowned.Keywords: Competency Development, Civil Servants.
PENEGAKAN HUKUM TINDAK PIDANA KEBAKARAN HUTAN DAN LAHAN (KARHUTLA) DI WILAYAH KEPOLISIAN RESORT ROKAN HULU Siregar, Muharram Saidi Akbar; R, Mukhlis; Hidayat, Tengku Arif
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Abstract

Forest fires are no longer a rare phenomenon in Indonesia, especially inRiau Province. In fact, fires also occurred on small plots of land in communityvillages. Every year forest and land fires regularly occur in Riau Province andespecially in Rokan Hulu district. The rampant burning of forests and land inRokan Hulu Regency in particular is also caused by many people wanting to openoil palm plantations, because palm oil production is currently being sold at quiteexpensive prices compared to previous years. The perpetrators of forest and landburning got away with it without strict law enforcement by the Rokan Hulu Resortpolice. Various regulations regarding the criminal act of burning forests and landhave clear penalties starting from the Plantation Law, Forestry Law, and PPLHLaw.The method for writing this research was carried out by means ofsociological legal research. This research was carried out in the Rokan Huluresort police area, because from data obtained from the Rokan Hulu RegionalDisaster Management Agency (BPBD) cases of forest and land fires increaseddrastically, especially in 2022 The author took samples including the Head ofCriminal Investigation Unit of the Rokan Hulu Police, three investigators fromUnit 2 of the Criminal Investigation Unit of the Rohul Police, the Head of Head ofthe Rokan Hulu Regional Police Headquarters, and the community affected at thelocation of the fire.From the research results obtained from interviews, the first conclusioncan be drawn. The first way to enforce criminal law against perpetrators of forestand land fire crimes is to make adjustments to the applicable laws or carry outrepressive measures, namely by processes including carrying out inquiries andinvestigations. The two obstacles experienced by investigators in enforcing thelaw on forest and land fire crimes are remote crime scenes. Third, the efforts thathave been made by the Rokan Hulu Police to prevent forest and land fires havebeen coordinated with the government.Keywords: Law Enforcement-Forest and Land Fires-Crime.
ANALISIS YURIDIS PERBUATAN PENYUAPAN DALAM TINDAK PIDANA KORUPSI (Studi Putusan Nomor 10/ Pid Sus-Tpk /2021/PT DKI) Erawati C. Lbn Tobing; Davit Rahmadan; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Abstract

Corruption has become a common habit in Indonesian society, especially amongofficials and state administrators in the Republic of Idonesia. As in this case the state civilapparatus being caught in a criminal case of bribery in corruption in 2021. With their statusas a state civil apparatus, including the law enforcement profession, it should receive moresevere criminal sanctions. In reality, the crime in decision case Number 10 Pid Tpk 2021/PTDKI was actually without any weight. Apart from that, the judge’s considerations regardinggender status where the perpetrator was a woman led to considerations that made thingseasier for the perpetrator.This research aims first, to analyze the judge’s considerations regarding criminalacts of corruption in decision Number 10/Pid Sus-Tpk/2021/PT DKI based on a progressivelegal perspective. Second, to find out whether the application of criminal sanctions fordefendants of corruption in decision Number 10/Pid Sus-Tpk/2021/PT DKI is in accordancewith article 5 of the judicial power law.In this paper using normative legal research methods, namely library law research.In connection with the type of research used, namely normative research, the approach usedis a case approach and a statutory approach. Analysis was carried out on library materialsor secondary data consisting of primary legal materials and tertiary legal materials, theresult of the analysis are then described in qualitative descptive manner.The results of the study indicate that in both the juridical and non-juridicalconsiderations above, the writer considers that the basis of the judge's legal consideration isnot under the principle of equality before the law, and did not consider the status of theaccused as a law enforcement officials but instead committed a criminal act of corruption.In the concept of progressive law, judges can be more flexible in giving decisions, namely bymaking discoveries or breakthroughs related to what is currently irrelevant. However, in theimplementation of the criminal sanction against Attorney Pinangki in Decision Number10/Pis.SusTPK/2021/PT DKI if viewed based on a progressive law perspective it has notbeen fulfilled.Keywords :Criminal Acts Of Corupption, Penalty, Judge’s Consideration.
PENERAPAN KETENTUAN PASAL 42 UNDANG-UNDANG NOMOR 10 TAHUN 1998 TENTANG PERBANKAN DALAM PENYIDIKAN TINDAK PIDANA PENIPUAN MELALUI MEDIA ELEKTRONIK DI SUBDIT V DIREKTORAT RESERSE KRIMINAL KHUSUS KEPOLISIAN DAERAH RIAU Putra, Yanda Syahrul Qotni; Erdiansyah, Erdiansyah; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Abstract

The crime of fraud through electronic media is one of the cyber crimes that existtoday, and the regulation related to this crime has also been regulated in Article 28Paragraph (1) of the Law on Electronic Information and Transactions. However, theenforcement of the regulation can be considered less than optimal because during thehandling, especially during the investigation, there are several obstacles that occur, and oneof these obstacles is due to the existence of Article 42 of Law Number 10 of 1998 concerningBanking which causes obstacles to an effective investigation process. The main problems inthis research are: How is the application of Article 42 of Law Number 10 of 1998concerning Banking in the investigation of criminal acts of fraud through electronic mediain Subdit V of the Special Criminal Investigation Directorate of Riau Police; What are theobstacles faced by investigators of Subdit V of the Special Criminal InvestigationDirectorate of Riau Police in applying the provisions of Article 42 of Law Number 10 of1998 concerning Banking in investigating criminal acts of fraud through electronic media;What efforts are made by investigators of Subdit V of the Special Criminal InvestigationDirectorate of Riau Police in applying the provisions of Article 42 of Law Number 10 of1998 concerning Banking in investigating criminal acts of fraud through electronic media.The type of research conducted is sociological legal research conducted at SubDirectorate V of the Special Criminal Investigation Directorate of Riau Police. The datasources used are primary data and secondary data. The data collection techniques used areinterviews and literature review. The data is then analyzed which is descriptive, evaluativeand prescriptive to be concluded using a deductive method of thinking.The results of this research are the application of Article 42 of Law Number 10 of1998 concerning Banking in the investigation of criminal acts of fraud through electronicmedia in Subdit V of the Special Criminal Investigation Directorate of Riau Police in theinvestigation of criminal acts of fraud through electronic media, where the regulation arisesif the investigator wants to disclose information related to bank secrets, especiallyinformation about customers.Keywords: Application - Crime - Fraud - Electronic Media
TINJAUAN YURIDIS PENURUNAN SANKSI PIDANA PENJARA TINDAK PIDANA KORUPSI DALAM UNDANG-UNDANG NOMOR 1 TAHUN 2023 TENTANG KITAB UNDANG-UNDANG HUKUM PIDANA Fadia Inayah Putri; Mukhlis R; Tengku A. Hidayat
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Corruption has been considered a phenomenon that is difficult to overcome inthe history of the Indonesian nation, so there should be no compromise whatsoeverwith corruption. Indonesia should apply the Zero Tolerance principle forcorruptors. In the new Criminal Code which was passed into law on January 12023, there are significant changes regarding the specific minimum threat ofimprisonment for criminal acts of corruption. This threat is regulated in Article603, which is an improvement on Article 2 paragraph (1) of the CorruptionEradication Law which was previously in force. The minimum threat stipulated inArticle 603 turns out to be lower than that stated in the previous regulations,especially in Article 2 paragraph (1), which is the mainstay article in prosecutingcorruption cases.This research is classified as a normative juridical research type. The dataused is primary data and secondary data consisting of primary legal materials,secondary legal materials and tertiary legal materials. The data collectiontechnique uses the literature review method, namely presenting and analyzing datafrom several sources such as laws, draft laws, books and opinions of criminal lawexperts. This research was then analyzed descriptively qualitatively. The conclusiondrawing technique used is a deductive mindset.The results of this research are that the threat of minimum criminalsanctions for perpetrators of corruption is lighter, motivated by a change in theparadigm for eradicating corruption. Corruption perpetrators should not besubject to high prison sentences, but rather with additional penalties in the form ofconfiscation of all assets of those involved in corruption crimes resulting fromcorruption crimes. This is in accordance with legal principlesIt is not expedient forthe asas to be evil, namely that the perpetrator of the crime must not enjoy theproceeds of his crime.Keywords : Corruption, State Losses, Recovery Assets
STUDI PERBANDINGAN PENGATURAN PEMBERHENTIAN PRESIDEN DAN ATAU WAKIL PRESIDEN ANTARA INDONESIA DENGAN INDIA ATAS PERBUATAN TERCELA Robert Reiman Simanullang; Mexsasai Indra; Muhammad A. Rauf
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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In the constitutional system, there is an institution called impeachment. Manyparties understand that impeachment is the downfall, cessation, or dismissal ofthe President or high-ranking officials from office. In fact, the meaning ofimpeachment itself is an accusation or indictment so that impeachment focusesmore on the process and does not necessarily end with the cessation or removalof the President and other high-ranking state officials from office. Each countrythat has adopted the provisions on impeachment regulates these mattersdifferently, in accordance with the arrangements in the constitution. In Indonesia,there are grounds for impeachment of the President, one of which is misconduct,where there is still no clarity regarding the regulation of misconduct both in the1945 Constitution and other laws. Misconduct as a reason for impeachment ofthe President in Indonesia is still multi-interpreted, making it a rubber articlethat can be "played" by the House of Representatives. Therefore, it is necessaryto have a comparative country to find a clear arrangement regarding the reasonsfor misconduct as a reason for impeachment of the President, in this case, Indiais the comparative country.This research is normative legal research. It is based on library researchthat takes quotations from reading books or supporting books related to theproblem under study. This research uses secondary data sources consisting ofprimary, secondary, and tertiary legal materials. This research also usesqualitative data analysis and produces descriptive data.From the results of the research and discussion conducted, it is necessary tohave certainty regarding the regulation of criteria or standardization ofmisconduct to be used as a reason for impeachment of the President in Indonesia,so that the reason for misconduct cannot be used as a rubber article that can be"played" by the House of Representatives. There is also a need for a moreefficient dismissal mechanism so that it does not take too long.Keywords: President; Impeachment; reprehensible deeds

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