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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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PERAN DIREKTORAT RESERSE KRIMINAL KHUSUS DALAM MENANGGULANGI TINDAK PIDANA PERJUDIAN ONLINE DI WILAYAH KEPOLISIAN DAERAH RIAU Napitupulu, Yosua Alexander; Erdianto, Erdianto; 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

Advances in technology and communication have become increasinglyrapid, affecting every access to human life, In this day and age, crime in thevirtual world (cyber crime). One of the crimes that is currently developing isonline gambling crime. Therefore, the aim of this thesis research is first, to findout the factors that cause the rise of online gambling in the Riau Regional Policearea. Second, to find out the role of the Special Criminal InvestigationDirectorate in dealing with online gambling crimes in the Riau Regional Policearea. Third, to find out the obstacles for the Directorate of Criminal Investigationin tackling online gambling in the Riau Riau Regional Police area.This type of research can be classified as a type of sociological research.This research took place at the Riau Regional Police, where researchersdetermined that the population and sample were all parties related to the problembeing studied. This research uses data sources in the form of primary data andsecondary data, and data collection techniques are carried out by means ofinterviews.From the results of the research and discussions carried out, it can beconcluded that the crime of online gambling in the Riau Regional Police is still sowidespread that it requires maximum efforts, which is caused by various factors,including: First, a preemptive effort in the form of an appeal to online gamblingplayers by conducting outreach in the field of public order. Second, preventiveefforts in the form of blocking sites carried out in collaboration with the Ministryof Communication and Information. Third, repressive efforts can be interpreted ascountermeasures, namely efforts shown to someone who has become evil to helphim return to the right path, by arresting online gambling suspects.Keywords: Law Enforcement – Online Gambling Crime.
PELAKSANAAN EKSEKUSI PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL NOMOR 10/Pdt.Sus-PHI/2021/PNPbr Haga Ray Prananta Tarigan; Rika Lestari; Rahmad Hendra
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

An inkracht decision is the process of final resolution of a dispute that has been decidedby the court. In the implementation of decision No: 10/Pdt.Sus-PHI/2021/PNPbr which wasimplemented voluntarily on May 12 2021, the payment made by the company was not inaccordance with the results of the decision which should have been IDR 48,622,000-, (FortyEight Million Six Hundred Twenty Two Thousand Rupiah), but it is lower, namely IDR.40,000,000, - (forty million rupiah). Therefore, the aim of writing this thesis is: first, to find outabout the implementation of decision No: 10/Pdt.Sus-PHI/2021/PNPbr. Second, to find outwhat are the obstacles to the execution process in the implementation of decision No:10/Pdt.Sus-PHI/2021/PNPbr.The research method in this thesis uses a type of sociological legal research, namelyresearch on the effectiveness of law in society. The nature of this thesis research isresearchdescriptivewhich systematically describes the facts and characteristics of the objectbeing studied accurately. The data collection technique in this research is the interview methodand literature review, then after the data is collected it is then analyzed to draw conclusions.From the research results it was found that the implementation of decision no.10/Pdt.Sus-PHI/2021/PNPbr carried out voluntarily by PT. Cipta Daya Sejati Luhur to EbietSiallagan by paying not in accordance with the district court's decision, the shortfall must stillbe paid for the sake of legal certainty of the decision to the plaintiff, the Pekanbaru districtcourt must recall the parties to carry out the voluntary execution of the court decision in thePekanbaru district court environment witnessed by the court in accordance with the laws andregulations in force in Indonesia, then Obstacles in implementing decision number No.10/Pdt.Sus-PHI/2021/PNPbr The first is that there are no statutory regulations governing thetime limit for implementing decisions voluntarily, disbursing money fromat PT. Create SublimeTrue Power It takes quite a long time for the losing party to carry out the decision not inaccordance with the verdict.Keywords: Implementation-execution-court-decision.
IMPLEMENTASI PERIZINAN ROKOK DI KOTA BATAM BERDASARKAN PASAL 31 PERATURAN PEMERINTAH REPUBLIK INDONESIA NOMOR 41 TAHUN 2021 TENTANG PENYELENGGARAAN KAWASAN PERDAGANGAN BEBAS DAN PELABUHAN BEBAS Arsyah, Nabila Aulia; Indra, Mexsasai; 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

Free Trade Zone or commonly called FTZ is one of the containers in the SpecialEconomic Zone (SEZ) which is related to a free trade zone that provides access for thecountry in terms of exemption from import duties, Value Added Tax (VAT), Value Added Taxand Luxury Goods (STLG), and excise. The access granted by a country creates a policy thatmust be implemented, such as licensing. This is confirmed in the Regulation of the Head ofthe Batam Free Trade Zone and Free Port Regulatory Agency Number 8 of 2019 concerningthe Implementation of the Entry and Exit of Goods To and From the Free Trade Zone andFree Port of Batam Article 27 Paragraph (3), where every activity in the FTZ area must havea license, one of which is licensing the distribution of cigarettes.The high contribution of cigarettes and the existence of large profits, makes a problemarise, namely the case of illegal cigarettes. So that the state issued Government Regulation ofthe Republic of Indonesia Number 41 of 2021 concerning the Implementation of Free TradeAreas and Free Ports as a juridical basis for its implementation. This is considered importantso that state revenue related to cigarette excise, especially in Batam City, can beimplemented properly and maximally.Based on the results of temporary observations, the implementation of PP No. 41 of2021 concerning the Implementation of Free Trade Areas and Free Ports has not gone asexpected. This is based on the presence of companies that do not have distribution licensesissued by BP Batam, so that it was found that 68% of the number of cigarettes did not havedistribution licenses with a projected state loss of IDR 78.8 billion, so that the target of staterevenue is not in accordance with the number of cigarette distribution activities.Keywords: Free Trade Zone, Excise, Illegal Cigarettes.
PENEGAKAN SANKSI ADMINISTRASI TERHADAP PELANGGARAN DISIPLIN PEGAWAI NEGERI SIPIL DI BADAN PENDAPATAN DAERAH PROVINSI RIAU BERDASARKAN PERATURAN PEMERINTAH NOMOR 94 TAHUN 2021 TENTANG DISIPLIN PEGAWAI NEGERI SIPIL Rifa Ariqa; 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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Abstract

Civil Servants have a very important role in achieving national goals. To achievethese national goals, Civil Servants must have honest and responsible personalities in carryingout their duties. However, there are still employees who violate disciplinary rules so that it caninterfere with performance in their work which is in charge of serving the community. Manyemployees underestimate the regulations regarding the discipline of Civil Servants. In thisstudy, the authors conducted research at Badan Pendapatan Provinsi Riau to see how it wasimplemented, the obstacles encountered, and the efforts that could be made in upholdingdiscipline at the Regional Revenue Agency of Riau Province.This study uses the sociological legal research method, because it directly conductsresearch on the locations or points examined to provide a complete and clear picture of theproblems examined. This research is located in Badan Pendapatan Provinsi Riau with apopulation and sample, namely parties related to the problems studied in this study. Sources ofdata, namely primary data and secondary data, data collection techniques in this study wereobservation, interviews, and literature review. Qualitative data analysis, namely data stated inwriting or verbally and real behavior with deductive conclusions, namely general to specificwithdrawals.Based on the research results, the Regional Revenue Agency for Riau Province usesGovernment Regulation Number 94 of 2021 for discipline enforcement, but in practice it is stillnot appropriate due to obstacles encountered in its implementation such as lack of supervisionfrom authorized officials, weak law enforcement, limited resources people and the fading senseof self-discipline in the Civil Servants themselves. There have been various efforts made indealing with these obstacles such as by carrying out internal coaching regarding discipline,providing advice and directions to employees who violate it, imposing sanctions according tothe violations committed, and there must also be self-awareness from Civil Servants regardingdiscipline.Keywords: Civil Servants, Discipline Violations, Disciplinary Sanctions Enforcement
PELAKSANAAN PEMENUHAN HAK BURUH PASCA PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL PADA PENGADILAN NEGERI PEKANBARU Reza, Muhammad Jourdy; Firdaus, Firdaus; Hendra, Rahmad
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 Industrial Relations Court is a special court established within thedistrict court which has the authority to examine, adjudicate and make decisionson industrial relations disputes, this is stated in Article 1 paragraph 17 of LawNumber 4 of 2004 concerning Settlement of Industrial Relations Disputes.according to Article 97 of Law Number 2 of 2004 concerning Settlement ofIndustrial Relations Disputes, the decision of the Industrial Relations Courtdetermines the obligations that must be carried out and/or the rights that must beaccepted by the parties or one of the parties for any settlement of industrialrelations disputes. However, the implementation did not run smoothly whichresulted in legal uncertainty and the failure to fulfill the rights of laborers oremployees guaranteed by Article 156 paragraph 1 of Law Number 13 of 2003concerning Employment which states "In the event of termination of employment,employers are required to pay severance pay and/or service award money andcompensation money for rights that should have been received."The type of research used is empirical legal research. Empirical legalresearch is a legal research method that functions to be able to see the law in realterms and examine how the law works in a social environment, so the empiricallegal research method can also be said to be sociological legal research.This research discusses the implementation of the fulfillment of laborrights after the decision of the Industrial Relations Court at the PekanbaruDistrict Court. The results showed that the implementation of the fulfillment oflabor rights has been carried out well, although there are still some obstaclessuch as delays in submitting requests for execution by workers, delays inexecution by companies, lack of ability of workers in tracking company assets,and efforts by companies to cover up their assets. However, the PekanbaruDistrict Court has made preventive and repressive efforts to overcome theseobstacles, including by summoning both parties when giving a warning to thecompany, directing workers in tracking assets, and providing cover letters torelevant agencies in the asset confiscation process.Keywords: Industrial Relations, Labor Rights, Implementation.
PERTIMBANGAN HAKIM PENGADILAN TINGGI DALAM MEMERIKSA JUDEX FACTIE TERHADAP PENYALAHGUNA TINDAK PIDANA NARKOTIKA (STUDI KASUS PUTUSAN NOMOR 503/PID.SUS/PT PBR) Hervi Alfathira Natasya; Davit Rahmadan; Ferawati Ferawati
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

Indonesia has long taken legal steps to tackle the dangers of narcotics, boththrough making regulations in the form of legislation by issuing Law Number 22of 1997 which is now Law Number 35 of 2009. In the case of decision Number503/ Pid.Sus/2022/PT Pbr case of narcotics use which in the verdict was chargedunder Article 112 Paragraph (1) of Republic of Indonesia Law Number 35 of2009 which ignored the facts of the trial (judex factie). The first aim of thisresearch is to analyze the High Court judges' considerations in examining thejudex factie case in decision number 503/Pid.Sus/2022/PT Pbr and find out thelegal consequences. The second is to find out about high court judges in handingdown judex factie decisions at the High/Appeal Court level.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.The results of this research examine the analysis that the verdict in casenumber 503/Pid.Sus/2022/PT Pbr, the defendant was sentenced to prison for 2(two) years 6 (six) months, this is below the minimum provisions that have beenregulated and give rise to The legal consequences should be Article 127Paragraph 1 letter a of the Narcotics Law which is applied in decision number503/Pid.sus/2022/PT Pbr and the defendant can be sentenced to criminalprovisions in accordance with the Law, namely a rehabilitation sentence. Article183 of the Criminal Procedure Code states that "a judge may not impose a crimeon a person unless, with at least two valid pieces of evidence, he is convinced thata criminal act has actually occurred and that the defendant is guilty." The judgecan make a decision according to the evidence and facts revealed at the trial.Keyword: Judex factie, Narcotic Crime, Judge.
PELAKSANAAN PERJANJIAN PEKERJAAN JASA KONSTRUKSI PEMBUATAN LOKASI SUMUR EKSPLORASI ANUGERAH– 01 DAN PERBAIKAN JALAN MASUK LOKASI BLOK MARQUISA ANTARA PT. SCHINTAR MARQUISA DENGAN PT. SUKA DAMAI KONSTRUKSI DI PROVINSI RIAU Rozi, Syafilla; Bachtiar, Maryati; Hendra, Rahmad
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

Construction services are one of the economic activities that have animportant role in achieving various targets to support the realization of nationaldevelopment goals. There are two parties in construction services who enter intoa legal employment relationship, namely the service user and the serviceprovider. The work relationship between service users and service providers isbased on law, and is stated in the form of a construction work contract. A contractcan be said to be an agreement because the contract contains a mutually bindingagreement and must be agreed to by both parties. During the implementation ofthe agreement, if one of the parties breaks their promise then that party can besaid to be in default or what could be called a breach of contract.The method for writing this research was carried out using sociologicallegal research. This research was conducted in Mandau District, BengkalisRegency, Riau Province because of data obtained from PT Suka DamaiConstruction. The author took samples including the Director of PT Suka DamaiConstruction Rokan Hulu, PT Schintar Marquisa staff, and legal counsel from PTSuka Damai Construction. The data sources in this research are primary andsecondary data with primary legal materials, secondary legal materials andtertiary legal materials. The data obtained was collected through interviews andliterature review.Based on the results of research on the problem, there are two main thingsthat will be concluded. Settlement of default on Cooperation Agreement by PT.Suka Damai Construction with PT. Schintar Marquisa began with a cooperationagreement between PT. However, various efforts made by the defaulting partiesremain unresolved. Suggestions for firmness from PT. Suka Damai Constructionand, if necessary, take legal action, both non-litigation and litigation, to resolvethe breach of contract issue.Keywords: Construction Services, Contracts, Agreements, Default.
REFORMULASI SANKSI PELAKU PENGANIAYAAN TERHADAP HEWAN DALAM KITAB UNDANG-UNDANG HUKUM PIDANA NASIONAL DIKAITKAN DENGAN TUJUAN PIDANA Leonardo Sormin; Erdianto Erdianto; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Abstract

Humans and animals were created to coexist and complement each other.But in Indonesia there are often acts of animal abuse. In Indonesia, legalarrangements related to animal abuse have been regulated in articles 336-338 ofthe National Criminal Code (KUHP). However, existing sanctions in Indonesiaare still not ideal in their application, so there are still many perpetrators ofanimal abuse. The purpose of this study is to identify ideal sanctions that shouldbe applied in Indonesia in the context of criminal purposes.This research is a normative legal research, it is based on literatureresearch that takes quotations from reading books or supporting books related tothe problem under study. This study used secondary data sources consisting ofprimary, secondary, and tertiary legal materials. This study also used qualitativedata analysis and produced descriptive data.From the results of the discussion and research conducted, it is necessaryto review the sanctions for animal abuse in the Criminal Code in Indonesia. Thisis because the current sanctions are not aligned with the purpose of punishmentwhich should provide a deterrent effect and coaching opportunities to theperpetrators of these crimes. In addition to the imposition of sanctions, additionalsanctions are also needed, such as a ban on animal ownership, animal-relatedsocial work, education and counseling, and monitoring and supervision.Keywords : Criminal Act, Persecution Animal, Purpose of Punishment
TINJAUAN YURIDIS PEMBERATAN SANKSI TERHADAP APARAT PENEGAK HUKUM YANG MELAKUKAN TINDAK PIDANA KORUPSI Andhika, Muhammad Zakhri; Erdianto, Erdianto; Ferawati, Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Abstract

Corruptions in Indonesia have been very widespread, and have even beenconsidered normal. Various efforts have been made by the state to eradicate thiscorruption, although it is still far from perfect. Law enforcement officials are noexception, which are institutions or institutions whose job is to implement the law,maintain security and order, and protect the rights and interests of the community,instead committing acts of corruption. This can cause problems from various aspects,and also to our country, which is a rule of law country. Not a few people view that thedecision on criminal sanctions for corruption is considered too light as well as casesof criminal acts of corruption by law enforcement officials.The type of research is normative research using literature studies in datasearch. This research is descriptive by using the method of synchronizing existingrules. In this study using qualitative methods in analyzing the data that has beencollected. The data used is secondary data in the form of codified rules.The results of this study explain how judges consider in deciding cases ofcorruption committed by law enforcement officials, which are considered unfair ingiving decisions, and the importance of increasing criminal sanctions against this.Because a law enforcement official is someone who really understands the law bothin theory and in practice. In this case, the additional of sanctions against lawenforcement officials can be an appropriate preventive solution so that no more lawenforcement officers commit acts of corruption.Keyword : Corruption, Law Officer, Penal Addition
PERLINDUNGAN DATA PRIBADI SESEORANG YANG SUDAH MENINGGAL BERDASARKAN UNDANG-UNDANG NOMOR 27 TAHUN 2022 TENTANG PERLINDUNGAN DATA PRIBADI Manik, Damianus Sihol Marito; Firdaus, Emilda; Junaidi, Junaidi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Personal data protection is very important in today's modern world. Personal data isconfidential and sensitive information about a person. In the personal data protection law, aperson's personal data must be protected from unauthorized access or misuse. However, thequestion that arises is how is the protection of personal data of a deceased person regulatedin the personal data protection law? In fact, the protection of a deceased person's personaldata is actually also very important to consider. Even though the person has passed away,their personal data must still be kept confidential as it can still be used by irresponsibleparties. In many countries, personal data protection laws regulate the protection of personaldata of deceased persons. In Indonesia, the protection of personal data of deceased personsdoes not yet have a clear legal umbrella. The protection of the personal data of a deceasedperson is important to prevent misuse of data that can harm the family or other living partiesand the state. The personal data of someone who has died can be used for bad purposes,such as identity theft or fraud.This research aims to find out and explain how the protection of personal data of adeceased person in terms of respect for individual privacy. Even though the person is dead,there is still a right to privacy that must be respected. In this case, the government andrelated institutions must ensure that Law No. 27 of 2022 on Personal Data Protection alsocovers the protection of personal data of deceased persons. In addition, it is important tosocialize and educate the public about the importance of protecting personal data, includingthe personal data of deceased persons. Thus, the protection of personal data of deceasedpersons is an important part of the overall protection of personal data. With cleararrangements and firmness in maintaining the confidentiality of the personal data ofdeceased individuals, it is hoped that it can prevent the misuse of personal data of deceasedindividuals which can harm many parties including the state.Keywords: Protection, Personal Data, Death

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