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INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Law, Crime, Criminology & Criminal Justice
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Articles 2,579 Documents
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ANALISIS PENYELESAIAN SENGKETA PEMILIHAN KEPALA DAERAH DALAM PUTUSAN MAHKAMAH KONTITUSI NOMOR 85/PUU-XX/2022 TERHADAP PEMBENTUKAN BADAN PERADILAN KHUSUS PEMILU DI INDONESIA Nikmat Ilham; 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

The regulations regarding the authority to settle regional election resultsgiven to the Constitutional Court have experienced several polemics. The problemthat arises is that the authority of the Constitutional Court (MK) to resolvedisputes over regional head election results is now permanent. This wasconfirmed in Decision Number 85/PUU-XX/2022 in which the Court stated thephrase "until the formation of a special judicial body" if a Special Judicial Bodycan be formed, of course by studying the paradigm and system of direct regionalelection dispute resolution that has been handled by the Constitutional Court. ,then perhaps this would be the best solution to "reduce" the burden on theConstitutional Court, whose ideals are focused on handling constitutionalproblems which are the authority and obligation of the Constitutional Court(Article 23 C paragraphs (1) and (2).This type of research can be classified into the type of normative legalresearch. This study used secondary data consisting of primary legal materials,secondary legal materials, tertiary legal materials and data collection techniqueswere carried out using the library study method.From the results of research on the problem, there are two main thingsthat can be concluded. First, resolving disputes over election results (election ofgovernors, regents and mayors) has experienced significant changes in practice.This expansion stems from the Constitutional Court's authority given by law inhanding down decisions, so that there is also an expansion of the applicant's legalposition, the object of the petition, case examination, evidence, as well asdecisions handed down by the Constitutional Court, the legal enforcement ofwhich has not yet been completed or has been completed but is ignored by theorganizers. Second, the ideal format for resolving the General Election ofRegional Heads Based on the Constitutional Court Decision Number 85/PUU-XX/2022 is ideally carried out by the Special Judiciary Agency.Keywords: Constitutional Court, General Election, Special Judicial Body
TINJAUAN YURIDIS TERHADAP PENYELESAIAN TINDAK PIDANA KEKERASAN SEKSUAL YANG DILAKUKAN OLEH ANAK DI BAWAH USIA 12 TAHUN Hasdania, Nabila Triyuliani; R, Mukhlis; 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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Sexual violence is not only carried out by adults, but also by minors. LawNumber 11 of 2012 concerning the Juvenile Criminal Justice System limits theage of children in conflict with the law to 12 years old. Therefore, perpetratorswho are not yet 12 years old cannot be processed formally or in other wordscannot be punished. The rise of sexual crimes committed by children under theage of 12 certainly creates contradictions in society, considering that the crimescommitted cause serious losses to the victims but the perpetrators cannot beprosecuted because they are still minors. The aim of this research is first toexplain the regulation and enforcement of the law when criminal acts of sexualviolence are committed by children under the age of 12 years.The type of research used is normative legal research using librarymaterials as data and reference sources. This research requires secondary dataconsisting of primary, secondary and tertiary legal materials. The data collectiontechnique used by researchers is literature study. In drawing conclusions,researchers use a deductive method, namely drawing conclusions from generalstatements or propositions to specific statements or propositions.From the results of discussions and research carried out, regulation andlaw enforcement for children under 12 years old is still not in line with societaldevelopments. Law Number 11 of 2012 concerning the Juvenile Criminal JusticeSystem still does not fulfill a sense of justice for the victims because the handlingof the perpetrators is not commensurate with the losses experienced by thevictims.Keyword: Sexual Violance, Minors, Sanction
PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA PERJUDIAN ONLINE HIGGS DOMINO ISLAND OLEH KEPOLISIAN SEKTOR BUKIT KAPUR KOTA DUMAI Warni Susila; Davit Rahmadan; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Gambling is regulated in Article 303 paragraph (1) the Criminal Codewith threats for preparatos namely imprisonment for a maximum of 10 (ten) yearsand a maximum fine of Rp. 25,000.000,00 (twenty-five million rupiah). However,in reality enforcement regarding gambling is still not optimal, this can be seenfrom the large number of people who freely acces or play online gambling,especially higgs domino island which occured in Bukit Kapur, Dumai City. Thisaims to: first, to determine law enforcement against erpetrators of criminal acts ofonline gambling on higgs domino island by the Bukit Kapur sector police. Second,tooutline the obstacles in law enforcement against criminal acts of higgs dominoisland gambling in the jurisdiction of the Bukit Kapur Sector Police. Third, tooutline the efforts made by the police to overcome obstacles in enforcing criminalacts of higgs domino island online gambling.This type of research can be classified as sociological legal research,because in this research it is carried out by looking at the effect of the enactmentof posisitive law on people’s lives. This research was conducted at the BukitKapur Police, Dumai City. In this studet, the data sources used were primary dataand secondary data. Data collection techniques in this study were interviewes andliterature review.From the results of the research conductes, it can be concluded that lawenforcement carried out by the Bukit Kapur Sector Police in the City of Dumaihas not been fully effective, this is influenced by several factors, namely the legalfactors themselves, law enforcers, facilities and infrstrusture, comunity dancultural factors. Obstacles in enforcing the higgs domino island online gamblinglaw faced by the Bukit Kapur Police include factors, law enforcers, faciltaties andinfrastructure and the community. The efforts made by the police are conductingoutreach, cooperating with the community, taking strict action against onlinegambling actors.Keywords: Law Enforcment – Crime – Online Gambling
PERAN DIREKTORAT RESERSE KRIMINAL KHUSUS DALAM MENANGGULANGI TINDAK PIDANA PERJUDIAN ONLINE DI WILAYAH KEPOLISIAN DAERAH RIAU Yosua Alexander Napitupulu; Erdiansyah Erdiansyah; Sukamariko Andrikasmi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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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.
PENDIDIKAN POLITIK BAGI PEMILIH PEMULA OLEH PARTAI POLITIK DI KABUPATEN KEPULAUAN MERANTI BERDASARKAN UNDANG-UNDANG NOMOR 2 TAHUN 2008 TENTANG PARTAI POLITIK Sri Kemuning; Maria Maya Lestari; Zainul Akmal
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Political parties have a role in providing political education as stated in law number 2of 2008 concerning political parties. Political education is very important for society,especially for beginner voters, considering that beginner voters are emotionally unstable andhave minimal political knowledge.This type of research is empirical (sociological), which uses empirical facts taken fromKPU and high school data as well as interviews with political parties and first-time voters.The problem that the author raises is how to provide political education for beginnervoters in Meranti Islands Regency based on law number 2 of 2008, what are the supportingand inhibiting factors in providing political education for beginner voters in Meranti IslandsRegency, and what efforts to increase community participation especially new voters inMeranti Islands Regency in politics.The results of the research show that in Meranti Islands Regency political parties aresaid to not be running optimally and there are still shortcomings. It can be said that most ofthe political parties in the Meranti Islands Regency only focus on providing political educationto cadres or internal party members without involving the community, especially first-timevoters. The inhibiting factor for Political Parties in Kepuluan Meranti Regency in providingpolitical education is the public's distrust of Political Parties, that when participating inpolitical party events people think they will be said to be members of a Political Party. Lack ofenthusiasm from the public. And several political parties said that there were no obstacles, butpolitical education was not being implemented in the community. This means that there is alack of understanding of Political Party administrators in their function and role in providingpolitical education to the community. Author's suggestion: It is hoped that there will be anoversight institution for Political Parties in carrying out their roles and responsibilities toprovide political education, and it is hoped that Political Parties can implement the rules,duties, functions and authority of Political Parties in providing political education inaccordance with the updated Law Number 2 of 2008 again becomes Law Number 2 of 2011concerning Political Parties. And it is hoped that there will be real action from political partiesand the government, so that people are not anti-politics and it does not become a trust issuefor political parties.Keywords: novice voters, political parties, political education.
GAGASAN PENGATURAN LARANGAN PENJUALAN ROKOK ELEKTRIK/VAPE BAGI ANAK DI BAWAH UMUR 18 TAHUN DIKATKAN DENGAN UNDANG-UNDANG NOMOR 17 TAHUN 2023 TENTANG KESEHATAN Hutabarat, Memory Jesaya; Junaidi, Junaidi; Akmal, Zainul
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Indonesia is the third largest cigarette consumer in the world. As time goesby, technology continues to develop, not all cigarette products today only usetobacco as raw materials. Nowadays, many consumers are switching fromconventional cigarettes to electronic cigarettes. Electronic cigarettes, which are aninnovation from conventional cigarettes to electronic cigarettes which consist oftwo elements, namely a suction device and liquid (refill). E-cigarettes areconsidered safer than regular cigarettes. It turns out that the risk of inhaling e-cigarettes is not much different from regular cigarettes. The journal published byCirculation stated that high amounts of nanoparticles were found in e-cigarettevapor inhalers. In the absence of warning labels, danger labels and standardizationof e-cigarettes sold by business actors, the rights of e-cigarette buyers/users asconsumers have been violated, such as the right to security and safety in consuminggoods and/or services and the right to information provided. correct, clear andhonest regarding the condition of the goods.This research is a normative legalresearch.This research method uses a type of normative legal research using legalsynchronization analysis, using primary legal materials such as Law Number 17 of2023, Government Regulation Number 109 of 2012 concerning Handling ofMaterials Containing Addictive Substances in the Form of Tobacco Products forHealth, and legal materials other. This research also uses qualitative data analysisand produces descriptive data.There are conclusions obtained, namely: First, the regulations regardingelectronic cigarettes in Indonesia, both in terms of sales and use, do not yet haveclear regulations. The connotation of cigarettes referred to in Indonesian laws andregulations is defined as conventional cigarettes. The only regulation on electroniccigarettes in Indonesia is regulated only through the Regulation of the Minister ofTrade of the Republic of Indonesia Number 86 of 2017 concerning Provisions forthe Import of Electric Cigarettes. There are no specific regulations regarding theprohibition on the use of e-cigarettes, which clearly also pose dangers, especiallyto people's health rights which are protected by the constitution. Second, a ban onthe sale of cigarettes is an inevitability that must be implemented.Keywords: E-Cigarette – Health – Legal Ideas.
ANALISIS PENGANGKATAN KEPALA OTORITA IBU KOTA NUSANTARA OLEH PRESIDEN TERHADAP PASAL 18 AYAT 4 UNDANG-UNDANG DASAR 1945 DALAM PERSPEKTIF HUKUM TATA NEGARA ARDANITA, RAHAYU; Artina, Dessy; Zulhidayat, Muhammad
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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The constitutionality in Indonesia is measured based on its alignment with the 1945Constitution. The examination of the role and appointment of the Chief of Authority in theSpecial Capital Region of the National Capital is essential to comprehend its governancemechanism. The Chief of Authority of the Indonesian Capital City is directly appointed by thePresident and serves a five-year term, which, however, does not conform to the general electionmechanism stipulated in Article 18 Clause 4 of the 1945 Constitution used by other regionalleaders.The type of research utilized in this study is normative legal research. In collecting data fornormative research, a literature review method (library research) was employed. This researchalso employs qualitative data analysis and generates descriptive data.From the research findings and discussions conducted, several conclusions are derived:firstly, the appointment of the Chief of Authority of the Indonesian Capital City by the Presidentpotentially violates the principle of regional autonomy regarding the direct appointment andplacement of the Chief of Authority by the President. This violation threatens the autonomy andauthority of regions, which contradicts the principle of decentralization mandated by Article 18Clause 4 of the 1945 Constitution. Secondly, the ideal concept of appointing the Chief ofAuthority of the Indonesian Capital City by the President aims to balance power between thecentral government and regional governments by maintaining the concept of checks andbalances and regional autonomy. The concepts of checks and balances and regional autonomyare considered crucial to prevent power abuse.The recommendations include proposing a judicial review of Article 4 Clause 1 letter b,Article 5 Clause 4, Article 9, Article 10, Article 13 Clauses (1) and (2) of the Law on theIndonesian Capital City, as well as on the division of authority between the central governmentand regions in the context of the Indonesian Capital City Authority in Article 10 of PresidentialRegulation Number 62 regarding the Indonesian Capital City Authority to ensure alignment withthe principles of regional autonomy stipulated in Article 18 Clause 4 of the 1945 Constitution.Additionally, the restoration of the role of the Regional People's Representative Council (DPRD)in the governance structure of the Indonesian Capital City Authority as the representation of thepeople in accordance with the provisions of Article 18 Clause 3 of the 1945 Constitution isrecommended. Furthermore, inclusive dialogue and active participation from all stakeholders,including the central government, regional governments, civil society, and other democraticinstitutions, in formulating policies related to the appointment of the Chief of Authority.Keywords: Chief of Authority, Indonesian Capital City, Regional Autonomy
PENGUATAN SISTEM PRESIDENSIAL MELALUI PENERAPAN AMBANG BATAS PARLEMEN DALAM PEMILIHAN UMUM DI INDONESIA Dihan Elzani; Dodi Haryono; Muhammad A. Rauf
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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The parliamentary threshold is the minimum vote limit for political parties in generalelections to participate in determining the number of seats in the DPR. This parliamentarythreshold was created to stabilize the relationship between the Executive and the Legislature in ademocratic country. The aim of implementing the threshold provisions is to reduce the number ofpolitical parties in parliament in order to simplify the party system. Apart from that,parliamentary thresholds can also be used as an instrument to screen participants for the nextelection. In accordance with the mandate contained in the Constitutional Court's decisionNumber 52/PUU-X/2012, the parliamentary threshold only applies to calculating the valid votesobtained by political parties at the DPR level. Based on Law Number 7 of 2017, theparliamentary threshold for the 2019 election was again increased to a minimum of 4%.This legal research is normative legal research. Normative legal research is legalresearch carried out by examining library materials or secondary data and tertiary legalmaterials. This type of normative law is also called doctrinal legal research, also known aslibrary research or document study. It is called doctrinal legal research, because this research iscarried out or directed only at written regulations or other legal materials. Comparative legalresearch is research that finds and looks for differences in various legal systems.The conclusions that can be obtained from the research results are: First, the regulationregarding the parliamentary threshold in Indonesia continues to experience developmentstarting from the enactment of the 2009 Legislative Election at 2.5% Second, the parliamentarythreshold is a system that strengthens presidential government, because a multiparty system is aform of combination that is not compatible with a presidential government system. Indonesiashould adhere to the threshold system implemented by countries that have been successful inimplementing thresholds, such as Turkey,Keywords : Parliamentary Threshold, General Election, Presidential.
TINJAUAN TERHADAP PERKAWINAN BAGITO DI DALAM SUKUPALABIDAN SUKU PELIANG SONI MENURUTHUKUM ADATPETALANGAN DI KELURAHAN KAYUARA KECAMATANKERUMUTAN P, Mega Lestaria; Hasanah, Ulfia; Putra, Setia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Bagito marriages are still practiced despite the consequences. Manypeople who perform bagito marriages have lives that are not peaceful andsomething always happens in their family life. The people of Kayuara Villagebelieve that the life experienced by this bagito marriage is filled with manycalamities. The people of the Palabi tribe and the Paliang Soni tribe of KayuaraVillage strongly follow the existing traditional culture. Therefore, the indigenouspeople of Kayuara Village prohibit tribal marriages and Bagito marriages. butthe indigenous people say that it is better to do tribal marriages than Bagitomarriages which should not be allowed. The purpose of writing this thesis is first,to find out the role of Customary Law regulations in Bagito marriage accordingto Petalangan Custom. Second, to find out the settlement and sanctions in theevent of a Bagito marriage in the Kerumutan Subdistrict Village.This type of research is sociological legal research, which is researchconducted on the identification of laws and the effectiveness of laws that apply insociety. In this case, looking at the implementation of bagito marriage carried outby the people of the Kayuara village, the nature of the research is descriptive,which provides precise data about humans, circumstances and other symptoms.The results showed that the role of customary law regulations in bagitomarriage according to Petalangan customary law in Kayuara Village, KerumutanDistrict has an important role in marriage, including traditional norms thatinfluence the marriage process. Customary law regulations often regulateprocedures, conditions and norms of behavior during marriage. Settlements andsanctions are carried out in accordance with the customs and norms that apply inthe community. The Bagito marriage settlement process involves open discussionsbetween the families of both parties involved. Settlements are made with respectfor existing customs and traditions, and seek a mutual agreement that isacceptable to both parties.Keywords: Customary Law-Marriage-Ban-Bagito.
Gagasan Perubahan Pasal 42 Peraturan Menteri Dalam Negeri Nomor 65 Tahun 2017 Tentang Pemilihan Kepala Desa Dalam Perspektif Demokrasi Indonesia Andri Fandio Reza; Dodi Haryono; Gusliana HB
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Villages as the smallest government entity within the state framework were affirmed by theissuance of Law No. 6/2014 on Villages (Village Law). The issuance of the Village Law notonly provides regulatory changes but also provides a paradigm shift regarding the Village,which was originally seen as an extension of the regency or city into an autonomouscommunity unit that has the right and authority to regulate and manage its own territory.Therefore, Article 1 Point 3 of the Village Law mandates the existence of a Villagegovernment organizer, namely led by the Village Head and assisted by Village officialsThis research uses normative legal research. Normative legal research is library legalresearch, namely legal research conducted by making library materials as the main focus.From the results of the research it is concluded that, First, the election of the Village Headfrom the perspective of legal politics is a form of manifestation of democracy at the villagelevel by considering regional autonomy in technical related arrangements by involving thedistrict / city government. Second, the weaknesses of this regulation are quantitative-baseddemocracy or only the highest number of votes, the risk of money politics, the risk ofhorizontal conflict in the community, and conflict due to the determination of the winner ifthe results of the highest number of votes are more than one candidate. The idea ofchanging Article 42 of the Regulation of the Minister of Home Affairs Number 65 of 2017concerning Amendments to the Regulation of the Minister of Home Affairs Number 112concerning Village Head Elections does not have much to do other than rearranging thescheme for determining the winner of the village head election if the number of votes wonis the same.Keywords: Village Head Election, Democracy, Minister of Home Affairs RegulationNo. 65/2017

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