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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 2,579 Documents
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PERLINDUNGAN HUKUM TERHADAP PEREMPUAN KORBAN PELECEHAN SEKSUAL DALAM PERSPEKTIF HUKUM PIDANA INDONESIA Tomanda, Diva Beauty; Artina, Dessy; Elmayanti, Elmayanti
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

Everyone has human rights, one of which is legal protection. Victimprotection revealed that in principle it has been regulated in Law Section Number12 of 2022 concerning Crimes of Sexual Violence in articles 42 to article 47concerning Victim Protection. In accordance with the provisions of Article 4 ofthe Witness and Victim Protection Law, witness and victim protection aims toprovide a sense of security to witnesses and/or victims in providing informationduring any criminal detention process. Therefore, the aim of this thesis researchis firstly to explain the legal protection for female victims of sexual disclosurefrom the perspective of Indonesian criminal law, secondly to describe theweaknesses contained in the PSK Law regarding the legal protection of femalevictims of sexual disclosure.This research is normative legal research, referring to positive legalnorms that apply in Indonesia to answer issues that exist on the surface. This isbased on library research which takes quotations from book readings, orscientific research as support that is related to the problem to be researched. Thisresearch uses secondary data sources consisting of primary, secondary andtertiary legal materials. This research also uses qualitative data analysis andproduces descriptive data.From the results of the discussion it was concluded that, firstly, legalprotection for women who are sexually victims is discussed in the Criminal Lawin Indonesia regarding the restoration of victims' rights, while technicalprotection is mandated by the Witness and Victim Protection Law. The secondobstacle in legal protection for victims of sexual disclosure is that the realizationof the LPSK's duties and authority in the PSK Law is not specifically regulated ina separate provision or chapter, the victim is actually re-criminalized by theperpetrator through the ITE Law in the article on defamation, a culture ofblaming the victim, legal sanctions are required. For perpetrators of restitutiveviolence, many forms are open but the laws used are still the same, resulting inlegal violations. The author's suggestion is that regulations are needed thataccommodate a sense of justice for victims of sexual harassment. It requires astrong desire by each stakeholder to ensure that all stages run correctly.Keywords: Legal Protection, Victims, Sexual Harassment
IMPLEMENTASI PEMBAYARAN GANTI RUGI KEUANGAN DAERAH OLEH PEGAWAI NEGERI BUKAN BENDAHARA DI PROVINSI RIAU TAHUN 2022 Siti Nurhaliza; Evi Deliana; Zainul Akmal
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Abstract

In order to realize good governance in state administration, it is necessaryto implement professional, open and responsible state financial management inaccordance with the principles of state financial management. The embodiment ofstate financial management is outlined in the State Revenue and ExpenditureBudget (APBN) and Regional Revenue and Expenditure Budget (APBD). Mistakesin using the budget can result in State/Regional Losses. Based on interviews withthe Regional Financial and Asset Management Agency, there were several non-treasurer civil servants who caused regional losses. Settlement of regional lossescarried out is regulated in Domestic Government Regulation Number 133 of2018. The aim of this research is to find out the extent of implementation relatedto settlement of losses carried out by non-treasurer civil servants in RiauProvince, what factors hinder the settlement of compensation for losses carriedout and what efforts will be made regarding the settlement of compensation forexisting regional financial losses.This research is sociological legal research, namely looking at therelationship between law and society with the gap between the law as it should beand the law as it actually occurs. This research was conducted at the RegionalAsset Finance Agency of Riau Province and at the Riau Inspectorate. Datacollection techniques through interviews.From the results of the research that has been carried out, implementationhas not been carried out well, the factor causing it not to be carried out well isthat new regulations have just been issued that are more detailed in regulatinglosses incurred by non-treasurer civil servants in Riau Province.Keywords : Regional Losses, Non-Treasurer Civil Servants, Loss Settlement.
URGENSI PERLINDUNGAN HUKUM TERHADAP PENCIPTA KARYA ILMIAH DARI TINDAK PIDANA PENCEMARAN NAMA BAIK Frinaldi Samuel Sirait; Erdiansyah Erdiansyah; Sukamarriko Andrikasmi
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

With the rapid development of technology, the law must also be able to keep up withtechnological developments and the times, but this advancement in information technology hasnegative consequences for creators of scientific works, this is because there are no specificlaws or rules that can protect creators of scientific works from accusations of defamation, sofar many creators of scientific work have been subject to defamation articles related to theirscientific work. Criminal sanctions should be used as a last resort in resolving a legal issue,this is in accordance with the principle of ultimum remedium, there should be other sanctionsimposed on the creation of scientific works if the scientific work is deemed incorrect.This study uses a normative juridical research type, namely research that is focused onexamining the application of the rules or norms in law to legal principles. The data collectiontechnique in this research is literature study. The approach used in this research is to use anormative approach, namely library law research.The results of the research conducted by the author are first, the urgency of legalprotection for creators of scientific works from accusations of defamation can be said to beurgent/important, this is because scientific works are the result of studies or scientific facts inthe field and also so far there are many creators of works science which is sanctioned bycriminal law.Secondly, in overcoming problems related to the large number of creators of scientificworks who are charged with defamation, regulations are needed that regulate legal protectionfor creators of scientific works. Suggestions in resolving the problem regarding the largenumber of creators of scientific works being subject to defamation sanctions, the governmentand the House of Representatives must form a law to provide legal protection for creators ofscientific works.Keywords: Defamation, Creator of Scientific Work.
IMPLEMENTASI PASAL 4 AYAT (2) PERATURAN DAERAH NOMOR 2 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN DI KOTA PEKANBARU TERHADAP LARANGAN MOBIL BARANG MENGANGKUT PENUMPANG H.Silalahi, Syahron Fernando; Artina, Dessy; Rauf, Muhammad A.
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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In article 137 of Law no. 22 of 2009 concerning Road Traffic andTransportation (UU LLAJ), it is regulated that goods cars are prohibited fromtransporting people. This refers to the definitions of goods cars and passengercars which are clearly different. So, drivers must be aware and careful not tocarry passengers. Every person who drives a goods car to transport people exceptfor the reasons as intended in Article 137 paragraph (4) letters a, b and c will bepunished with imprisonment for a maximum of 1 (one) month or a fine of amaximum of IDR 250,000.00 (two hundred fifty thousand rupiah)This type of research is empirical legal research, namely research usingfield data as the main data source, such as the results of interviews andobservations. Empirical research is used to analyze law which is seen aspatterned social behavior in people's lives which always interact and relate insocial aspects.From the results of the research and discussions carried out, several conclusionswere obtained, namely: First, Regional Regulation Number 2 of 2009 Article 4Paragraph (2) Concerning Road Traffic and Transportation in Pekanbaru Cityregarding the prohibition on goods cars carrying passengers in Pekanbaru hasbeen implemented since the regulation This issue has been published, but has notbeen implemented optimally by the traffic police because there are stilldiscretionary actions in the field. Second, factors inhibiting the traffic police fromenforcing regulations prohibiting goods cars from carrying passengers, namely,Public Awareness Factor, Lack of Capability of the Police, Cultural Factors,Page 2JOM Fakultas Hukum Universitas Riau Volume X Edisi 2 Juli – Desember 2023Health Factors. Third, the traffic police's efforts to tackle the use of goods carstransporting people in the city of Pekanbaru, namely, preventive efforts such asputting up banners on the roads prohibiting goods cars from transportingpassengers and carrying out patrols and raids at various points on public roads. ,repressive efforts such as education, fines with warnings, fines with confiscatedgoods. The author's advice is that it is necessary to implement these regulations inaccordance with the sanctions contained in regional regulations. If you still usediscretion in the field, you need to give a warning to drop off passengers andadvise you to board a passenger car for safety, and the public should have theawareness to always be orderly when passing traffic, don't make it happen. goodscar to transport passengers.Keywords: Prohibition, Traffic, Goods Cars Carrying Passengers
IMPLEMENTASI PELAYANAN LEGALISASI DOKUMEN PUBLIK PADA KANTOR WILAYAH KEMENTERIAN HUKUM DAN HAM RIAU BERDASARKAN PERATURAN MENTERI HUKUM DAN HAM NOMOR 6 TAHUN 2022 TENTANG LAYANAN LEGALISASI APOSTILLE PADA DOKUMEN PUBLIK Putri, Dini Cantika; Junaidi, Junaidi; Rauf, Muhammad A.
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Abstract

One of the tasks of general legal administrative services in the legal divisionat the Riau Ministry of Law and Human Rights is to provide administrative servicesrelated to the legalization of documents that will be used domestically and abroad.Documents that will be used to travel inside or outside the country have a very longbureaucracy which then the Government of Indonesia through the Ministry of Lawand Human Rights has initiated to ratify the 1961 Apostille Convention, thusmaking Indonesia part of the Convention member state.The type of research used is sociological juridical, namely researchconducted by identifying the law and how the effectiveness of the implementation ofthe law applies in society. Because in this study the authors directly conductedresearch at the location or place under study to provide a complete and cleardescription of the problem under study.The conclusions that can be obtained from the research results are First,the implementation of Public Document Legalization services at the Riau RegionalOffice of the Ministry of Law and Human Rights has challenges related to fieldproblems, limited resources, process complexity, time, conflicts with Article 8 ofPermenkumham No. 6 of 2022 and the need for proper enforcement of rules andlegal suitability. Simplified and more accessible services reflect efforts to adhere tothe principles of legality and efficiency. Second, Supporting and inhibiting factorsin the Public Document Legalization service system at the Riau Regional Office ofthe Ministry of Law and Human Rights basically have a number of supportingfactors that strengthen the public document legalization service system such asAdoption of Technology and Online Systems. Third, the efforts of the Ministry ofLaw and Human Rights Riau in overcoming problems regarding the service ofLegalization of Public Documents (Apostille) by involving steps that includedigitization of services, increased access to information, infrastructure investment,collaboration with related parties, and improvement of processes and services.Keywords: Implementation, Service, Document Legalization, Public Service.
PENYELESAIAN KREDIT BERMASALAH PADA PERJANJIAN PINJAMAN ANTARA UNIT PENGELOLA KEGIATAN LEMBAGA KESWADAYAAN MASYARAKAT FAJAR GEMILANG DENGAN KELOMPOK SWADAYA MASYARAKAT KELURAHAN MUARA FAJAR TIMUR KOTA PEKANBARU Martuah, Ali; Bachtiar, Maryati; Darnia, Meriza Elpha
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Abstract

Revolving economic loans are an activity carried out by Community Self-SufficiencyAgencies/Institutions through the Activity Management Unit (UPK) to provide capital to poorpeople through a group mechanism and returned in installments. The advantage of this pro-gram is that there is no collateral requirement as a condition for entering into a credit agree-ment. Unsecured loans are very vulnerable to failure to pay credit. The aims of this researchare; Firstly, to find out what factors cause problematic credit to occur in the Revolving Fundloan agreement between the Fajar Gemilang Community Self-Help Institution UPK and theMuara Fajar Timur Village Community Self-Help Group, Pekanbaru City. And secondly,knowing how to resolve problem loans in the Revolving Fund loan agreement between theFajar Gemilang Community Self-Help Institution UPK and the Muara Fajar TimurCommunity Self-Help Group, Pekanbaru City.The type of research used is sociological research, sociological research is a study thatexamines legal aspects by looking at applicable laws and regulations and comparing themwith implementation in the field. The location of the research was at the Activity ManagementUnit of the Fajar Gemilang Community Self-Reliance Institution, Muara Fajar Timur Vil-lage, Pekan Baru City. The data sources used are Primary Data, Secondary Data and Ter-tiary Data with Data Collection Techniques using Interviews and Literature Review.The results of this research conclude that the factors causing problematic credit in theFajar Gemilang Activity Management Unit are; First, misuse of credit funds, second, debtorsnot in good faith, third, crop failure in the agricultural sector, fourth, decline in businessturnover, fifth, decline in agricultural selling prices, sixth, absence of BI Checking, seventh,lack of collateral in the loan application process. Efforts to resolve the problem of debtorswho are in default are first, collecting arrears from the debtor's house and giving warningletters I, II and III. Second, settling arrears by forming a debt collection team. As well as res-cuing problematic loans by; Rescheduling (rescheduling), Reconditioning (reconditioning),and Restructuring (rearranging). Collection through legal channels is not recommended inresolving problem loans, prioritizing deliberation and amicable channelKeywords: Credit agreement, Problem Credit, and Revolving Funds.
KEDUDUKAN PENETAPAN PENGADILAN NEGERI TERKAIT PERKAWINAN BEDA AGAMA DALAM PERSPEKTIF SURAT EDARAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2023 Milenia, Cantika Ayu; Firdaus, Emilda; Zulhidayat, Muhammad
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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The diversity of religions and beliefs in Indonesia has led to the occurrence of marriagesbetween followers of different religions and beliefs, commonly referred to as interfaithmarriages. Interfaith marriages should not occur based on Article 2 paragraph (1) inconjunction with Article 8 sub f of the Marriage Law and the Supreme Court Circular LetterNumber 2 of 2023. This study discusses the Position of the District Court Decision Number423/Pdt.P/2023/PN Jkt.Utr in adjudicating interfaith marriage applications from theperspective of the Supreme Court Circular Letter Number 2 of 2023 and the Synchronizationof the District Court Decision Number 423/Pdt.P/2023/PN Jkt.Utr with the Supreme CourtCircular Letter Number 2 of 2023.This research employs a normative legal research method by examining the core issuesthrough a legislative and regulatory research approach related to legal issues. The data sourcesconsist of secondary data, which includes primary legal materials, secondary legal materials,and tertiary legal materials. The data collection method was conducted through literature study,followed by normative qualitative data analysis methods.Based on the research results and discussion, the Position of the District Court DecisionNumber 423/Pdt.P/2023/PN Jkt.Utr contradicts the Guidelines in the Supreme Court CircularLetter Number 2 of 2023. The District Court Decision Number 423/Pdt.P/2023/PN Jkt.Utr andthe Supreme Court Circular Letter Number 2 of 2023, based on the theory of the legislativehierarchy, do not synchronize. The Supreme Court Circular Letter No. 2 of 2023 contains policyregulations and guidelines for judges in adjudicating interfaith marriage applications. However,the District Court Decision Number 423/Pdt.P/2023/PN Jkt.Utr, in approving the interfaithmarriage case, only refers to Article 35 Letter a of Law Number 23 of 2006 concerningPopulation Administration. Judges should be more cautious in deciding on interfaith marriageapplications and also refer to the Marriage Law, Supreme Court Circular Letter Number 2 of2023, and other related regulations regarding the regulation of interfaith marriages so that legalcertainty in a court decision is properly implemented.Keywords: Court Decision, Interfaith, Circular Letter
IMPLEMENTASI PERATURAN BUPATI LIMA PULUH KOTA NOMOR 37 TAHUN 2017 TENTANG PEDOMAN PENYELENGGARAAN PENANGANAN PENYANDANG MASALAH KESEJAHTERAAN SOSIAL (PMKS) ( Studi Kasus Di Kecamatan Bukik Barisan ) Bionti, Gilang Dasoma; HZ, Evi Deliana; Zulhidayat, Muhammad
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Social welfare development is an embodiment of efforts to achieve the nation's goalsmandated in the 1945 Republic of Indonesia Constitution. The emergence of the PMKS problem isstill a complex problem in every region in Indonesia. These social welfare problems show that thereare citizens whose rights to their basic needs have not been fulfilled properly because they have notreceived services from the state. Efforts to overcome PMKS are a priority that need to beimplemented in every development program implementation. In this regard, the local government ofLimapuluh Kota Regency has stipulated Limapuluh Kota Regent Regulation Number 37 of 2017concerning Guidelines for Implementing Handling of People with Social Welfare Problems(PMKS). In this writing the author focuses on the implementation of the Fifty Cities RegentRegulation Number 37 of 2017. The purpose of writing this thesis is; First, to find out how toimplement of the Fifty Cities Regent Regulation Number 37 of 2017 in Bukik Barisan District,Second, to find out the obstacles in implementing of the Fifty Cities Regent Regulation Number 37of 2017 in Bukik Barisan District, Third, to find out efforts In Overcoming Obstacles inImplementing of the Fifty Cities Regent Regulation Number 37 of 2017 in Bukik Barisan District.Based on the problems posed, the type of legal research used by researchers is empirical juridicalresearch or sociological legal research. The method used in this research is a survey methodbecause in this research the author went directly to the research location. The nature of thisresearch is descriptive, namely research that prioritizes observation of symptoms, events andcurrent events.From the results of research on the problem, there are three main things that can beconcluded. First, the implementation of handling PMKS in Bukik Barisan District is not going well.Second, obstacles in implementing PMKS handling are the lack of budget for carrying out PMKShandling programs, inaccurate validation of PMKS data, and errors in handling PMKS. Third,efforts to overcome obstacles to the implementation of handling PMKS, namely reviewing thedetermination of the Social Service budget, emphasizing the Social Service in Data Validation, andimplementing preventive efforts for several PMKS categories. The author's suggestions, First,Recommend that the Regent and DPRD in determining the Social Service budget be adjusted tocurrent conditions. Second, Suggest that the Regional Government and Social Service be moreactive and thorough in validating data and be more selective in selecting humanresources/apparatus in the Social Service. Third, recommend that every government agencyauthorized to administer social welfare coordinate with each other and work together as well aspossible in handling PMKS.Keywords: Implementation - Treatment - Persons - Problems - Welfare - Social
URGENSI PEMBENTUKAN PERATURAN DAERAH PROVINSI RIAU TENTANG PENCEGAHAN DAN PENANGGULANGAN TINDAK KEKERASAN DI LINGKUNGAN SATUAN PENDIDIKAN Pratiwi, Hanna; HZ, Evi Deliana; Akmal, Zainul
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Schools as an educational environment are mandated as a forum for developingstudents' potential and forming a dignified national character and civilization in order tomake the nation's generatuion more intelligent. However, unfortunately schools to datecannot be considered a completely safe environment for children. Reflecting on RiauProvince itself, recently violence has often occurred in the educational environment itself.However, it turns out that Riau Province does not have regulations governing children'sthat guarantees safety from acts of violence in educational environments. This research isaimed at finding out what is the urgency of forming Riau Province Regional RegulationsConcerning Prevention and Handling of Acts of Violence in Education Unit Environments,then to find out what things need to be regulated in the formation of Riau Province RegionalRegulations Concerning Prevention and Handling of Violence in Education UnitEnvironments.This research uses a sociological approach which will be carried out in RiauProvince, specifically at the Riau Province Education Official, the Women's Empowermentand Child Protection Service, the Riau Province Regional Secretary's Legal Bureau, andthe Riau Community Malay Traditional Institute. This research uses the interview method,then analyzes the data using qualitative analysis which is described into sentences that arearranged systematically. And in making decisions, researchers use deductive thinkingmethods that draw conclusions from a general statement to a specific statement.Based on the research results, there is a lot of urgencies to form a RegionalRegulation for Riau Province Concerning the Prevention and Management of Acts ofViolence in the Educational Unit Environment, namely the number of cases of violence inthe educational environment per year in Riau Province which massively increasing, theminimal contribution of schools in following standards "Child Friendly School" program,lack of school transparency, minimal contribution from the Education Department incarrying out supervision, limited authority of the STIU for the Protection of Women andChildren, child protection regulations in Riau Province which are considered to be laggingbehind, and minimal coordination between institutions responsible for education in RiauProvince.Keywords: Regional Regulation, Acts of Violence in Educational Environtment
IMPLEMENTASI PERATURAN MENTERI PENDIDIKAN, KEBUDAYAAN, RISET, DAN TEKNOLOGI NOMOR 39 TAHUN 2021 TENTANG INTEGRITAS AKADEMIK DALAM MENGHASILKAN KARYA ILMIAH DI UNIVERSITAS RIAU Handika, Yoga; HB, Gusliana; Haryono, Dodi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Higher education institutions in realizing the implementation of education,research and community service, always uphold the values and norms in order to createa conducive academic climate. Guidance regarding academic integrity is an effort madeby higher education institutions in order to shape the character of academicians withintegrity, and maintain academic culture in higher education. Based on Article 5 ofPermendikbudristek Number 39 of 2021, it is stated that the guidance of academicintegrity values is carried out, one of which is through the establishment of regulationsregarding academic integrity in producing scientific works. The purpose of writing thisthesis is; First, to find out the Implementation of Permendikbudristek Number 39 of 2021concerning Academic Integrity in Producing Scientific Works at the University of Riau.Second, to find out the inhibiting factors and efforts to overcome obstacles to theImplementation of Permendikbudristek Number 39 of 2021 concerning AcademicIntegrity in Producing Scientific Works at the University of Riau.This type of research is empirical legal research, namely a research approach thatemphasizes legal aspects related to the main problem to be discussed, linked to the realityin the field. This research was conducted at the University of Riau. From the results ofthe problem research, there are two main things that can be concluded. First, theimplementation of Permendikbudristek Number 39 of 2021 at the University of Riau hasnot been optimally implemented. The implementation of academic integrity in producingscientific works at UNRI in the process of its implementation is still guided by the oldregulations and the new regulations are still in draft form which have not been stipulatedin the Chancellor's Regulation. Second, the technical regulations related to academicintegrity in producing scientific works with the Chancellor's Regulation have not beenstipulated due to the busyness of the UNRI apparatus and leadership. And the effortsmade to overcome this are that the Senate has written to the parties involved in thepreparation of the draft to immediately complete the formulation of the regulations, willimmediately optimize massive and sustainable socializationKeywords: Academic Integrity – Scientific Work – University of Riau –Plagiarism

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