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INDONESIA
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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TINJAUAN HUKUM PERAN IMF (INTERNASIONAL MONETARY FUND) DALAM MENGATASI RESESI EKONOMI PADA NEGARA INDONESIA PADA MASA COVID-19 Gunawan, Agus
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 IMF is an international organization that is responsible for managing theglobal financial system and providing loans to its member countries to help withproblems of balancing each country's financial balance. The objectives of the IMF arestated in the articles of agreement of the international monetary fund, in articles (i) to(vi), one of which is to provide financial assistance to member countries. The IMF'stasks are broadly divided into three, namely: supervision, capacity building andlending. On August 21 2021, the IMF granted Special Drawing Rights (SDR) equivalentto around US$ 650 billion to take effect on August 23 2021 as a form of preventing aneconomic recession due to Covid-19.The type of research used by researchers is normative legal research. Normativelegal research is legal research carried out by examining library materials orsecondary data. Normative legal research uses normative case studies in the form oflegal behavioral products, for example reviewing laws. So normative legal researchfocuses on positive law inventory, legal principles and doctrine, legal discovery in casesin concreto, legal systematics, level of synchronization, legal comparison and legalhistory.The results of this research are First, in carrying out its duties the IMF has therole of monitoring the economic conditions of member countries, apart from that theIMF also provides loans to member countries as a precaution to prevent crises fromoccurring, as well as a consulting role in the economic sector as part of preventivemeasures. with the results of the publication of the IMF's annual report. Second, as aninstitution that is active in maintaining world economic stability, the IMF will provideassistance funds that will help member countries face the economic crisis according tothe member countries' conditions. One of the assistance provided by the IMF as a formof control due to the Covid-19 pandemic is: emergency funds or Special Drawing Rights(SDR), which have been provided to member countries without any additional policiesfrom the IMF. The provision of SDR is a form of agreement by member countriesexperiencing an economic crisis during the Covid-19 period.Keywords: IMF, Lending, Special Drawing Rights
IMPLEMENTASI PERATURAN KEJAKSAAN REPUBLIK INDONESIA NOMOR 10 TAHUN 2019 TENTANG PERUBAHAN ATAS PERATURAN JAKSA AGUNG NOMOR PER-002/A/JA/05/2017 TENTANG PELELANGAN DAN PENJUALAN LANGSUNG BENDA SITAAN ATAU BARANG RAMPASAN NEGARA ATAU BARANG SITA EKSEKUSI DI KEJAKSAAN NEGERI KUANTAN SINGINGI Nurjannah, Miftah; Artina, Dessy; Rauf, Muhammad A.
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Abstract

The Prosecutor’s execution auction come from found items and looted itemsrelated to evidence in criminal cases. The Prosecutor’s office is executor of courtdecisions that have been determined for evidence that has been decided to be returned,confifcated for destruction, confiscated for the state or auctioned.The type of research used is sociologicalresearch, using primary data obtaineddirectly at the research location throughdirect interviews with related parties andssecondary data obtained by means of library research in the form of books, scientificworks, related documents and internet sites related to the research this. The porposeof thisresearch is to determine the imp;ementation of the evidence auction at the KuantanSingingi District Prosecutor’s Office based on Prosecutor’s Regulation Number 10 of2019 and then obstacles to the implementation of the Prosecutor’s Office evidenceauction.Based on the research results, it is clear that the auction process for the executionof confiscated goods carried out by the Kuantan Singingi District Prosecutor’s Officeshows that there are still obstacle in its implementation. Coordination between variousgovernment agencies requires time because determining the limit price for goods to beauctioned cannotbe determined directly without a physical inspection of the goods. Thelow interest of auction participants also influences the implementation of the auctionbecause the large number of auction participants determines whether or not the items tobe auctioned will sell.Keywords: Prsecutor’s Office, Auction, Evidence.
KEBIJAKAN PENETAPAN PENGELOLAAN TARIF PARKIR BERDASARKAN PERATURAN WALIKOTA PEKANBARU NOMOR 41 TAHUN 2022 TENTANG TARIF LAYANAN PARKIR Agustiyan, Agustiyan; Junaidi, Junaidi; Akmal, Zainul
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Abstract

Legislation at the central level gives authority to regions to determineparking levy rates. Pekanbaru city regional regulations set a parking fee of 1000rupiah and in 2022 it will increase to 2000. In 2024 there will be a decrease inparking rates at government-managed traditional markets. Some people protestedagainst the increase in parking rates, which means that the 2022 regulations needto be readjusted so that they can be accepted by the community. The aim of thisresearch is to find out how parking rate management is determined and to find outwhat the ideal form of parking rate management is in the city of Pekanbaru.The type of research used in this research is normative legal research.Data collection techniques include case studies of law journals, books related tothe topic of the problem in the research. From literature study. The data sourcesused are secondary and primary data legal materials. With qualitative dataanalysis, which is a procedure that produces descriptive data.From the results of this research, it can be concluded that the increase inparking rates carried out by the government is purely to increase Pekanbaru cityPAD without paying attention to the sense of justice among the community andoptimizing supervision of the implementation of parking levy collection. Then, inits management, rights and obligations need to be regulated, there also needs tobe facilities and there needs to be accountability from the Pekanbaru citygovernment and it is also necessary to pay attention to the sense of justice in thecommunity.Keywords: Policy, Parking Rates, Management
TINJAUAN YURIDIS PENGISIAN KEKOSONGAN JABATAN WAKIL KEPALA DAERAH DALAM SISTEM KETATANEGARAAN INDONESIA Nurhakim, Yori Imam; Firdaus, Emilda; Junaidi, Junaidi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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The position of the deputy regional head in Indonesia is not actually statedand stated clearly in the constitution, but in normative juridical terms the positionof the deputy regional head in Indonesia can be seen from Article 66 paragraph(1) of the law on regional government number 23 of 2014.The main problem in this research is regarding the vacancy of the deputygovernor, and the vacancy of the deputy regent which creates political intereststhat clearly show that the elite is not taking sides with the broad public benefit.The vacant positions of Deputy Governor, Deputy Regent and Deputy Mayor willbe filled if the remaining term of office is more than 18 (eighteen) months from thevacancy of the position.This research is normative legal research. This is based on libraryresearch which takes quotations from reading books, or supporting books that arerelated to the problem to be researched. This research uses secondary datasources consisting of primary, secondary and tertiary book materials. Thisresearch also uses qualitative data analysis and produces descriptive data.From the results of the research and discussions carried out, severalconclusions were obtained, namely: First, the procedures for filling vacancies fordeputy regional heads who come from political parties and combinations ofpolitical parties in this context give rise to multiple interpretations. Therefore theauthor conducted this research. Second, there are several efforts that thegovernment can take, namely normative juridically in Law Number 10 of 2016Regarding the Second Amendment to Law Number 1 of 2015 concerning theStipulation of Government Regulations in Lieu of Law Number 1 of 2014concerning the Election of Governors, Regents and Mayors into Law, precisely inthe provisions of Article 176 paragraph (4) requires the filling of vacant positionsdeputy regional heads who still have more than 18 (eighteen) months remaining inoffice.Keywords: Juridical Review-Filling the Position of Deputy Regional Head.
PERLINDUNGAN HUKUM TERHADAP HAK ASASI MANUSIA BAGI NARAPIDANA NARKOBA DALAM SISTEM PEMASYARAKATAN PADA RUMAH TAHANAN (RUTAN) SIALANG BUNGKUK PEKANBARU Luthfia, Naura
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 2 (2024): Juli - Desember 2024
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Imprisonment is one of the main forms of punishment served by prisoners based on thejudge's decision, where prisoners are placed in correctional institutions, hereinafterreferred to as LAPAS, which is a place to carry out guidance for prisoners. Or DetentionCenter, hereinafter referred to as RUTAN, is a place where suspects or defendants aredetained during the investigation process. Prisoners' rights are regulated in theprovisions of Article 9 of Law Number 22 of 2022 concerning Corrections. Convicts asconvicts serving prison sentences have rights protected by Human Rights andIndonesian Law, one of which is the provision of remissions.This research aims to determine the legal protection of human rights for drugconvicts in the correctional system at the Siang Bungkuk Pekanbaru detention center(RUTAN) and as information material for the community and parties involved inupholding human rights. This research uses sociological legal research wheresociological legal research is research carried out directly on location or in the field toobtain data to provide a complete and clear picture of the problem being studied. Thepopulation was determined to be 500 narcotics prisoners with a sample of 5 narcoticsprisoners. Based on the research results, it can be seen that in the implementation oflegal protection of human rights for drug convicts in the correctional system at the SiangBungkuk Pekanbaru detention center (RUTAN). The research results show that thereare differences in the implementation of human rights protection for prisoners with LawNumber 22 of 2022 concerning Corrections.The implementation of prisoner's rights at the Sialang Bungkuk DetentionCenter has gone quite well, but the issue of remission has not gone well. Theimplementation of the rights of prisoners in the Sialang Bungkuk Detention Center hasbeen going quite well, especially for the rights contained in Article 9 of Law Number 22of 2022 concerning Corrections as well as human rights which cannot be reduced evenwhile serving a prison sentence have also been implemented. by RTAN SialangBungkuk, however, the prisoners' rights contained in article 10 of Law Number 22 of2022 concerning Corrections regarding the issue of granting remissions are still noteffective due to a lack of socialization by the Rutan, therefore the need for socializationby the Rutan to prisoners.Keywords: Legal Protection, Human Rights, Prisoners.
PRAKTEK PENGUASAAN PASAR OLEH PT SUMATERA RESOURCE INTERNATIONAL (SRI) TERHADAP HASIL GAMBIR DI KABUPATEN LIMA PULUH KOTA Putra, Rian Dika; Jayakusuma, Zulfikar; Dasrol, Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 2 (2024): Juli - Desember 2024
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The practice of market control is prohibited in Article 19 of Law Number 5 of1999 concerning Prohibition of Monopoly Practices and Unfair Business Competition.The practice carried out by PT Sumatra Resource International (SRI), which has marketcontrol, is to become the sole recipient of the supply of gambier products in LimapuluhKota Regency. This research was conducted to determine the form of market controlcarried out by PT SRI over gambier products in Limapuluh Kota Regency and todetermine the government's efforts to overcome the occurrence of monopolistic practicesby PT SRI This type of research uses empirical juridical research, in other wordssociological research or is called field research. The samples in the research were theDepartment of Industry and Manpower of Limapuluh Kota Regency, Public Relations ofPT SRI, Gambir Farmers and Middlemen in Limapuluh Kota Regency. The data sourceis primary data, through research instrument data collection with interviews, secondarydata consists of primary legal materials, secondary legal materials and tertiary legalmaterials. Sociological research data collection using interviews was analyzedqualitatively. In drawing conclusions the author uses an inductive thinking method,namely drawing specific conclusions into a general statement.Based on the research results, it can be concluded. First, PT SRI is the sole recipientof supplies and has market power over gambier produce in Lima Pulu Kota district, whichresults in price fluctuations, unilateral price determination and leads to weak gambierprices. Second, the Limapuluh Kota Regency government has made efforts to overcomethis problem. These efforts, such as the Warehouse Receipt System (SRG), are stillhampered by costs and plans to create regulations regarding standardization of pricesand quality of gambier to provide certainty in the price of gambier commodities.Keywords : Market Control, Anti-Monopoly, Business Competition, Unfair BusinessCompetition.
TINJAUAN YURIDIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 90/PUU-XXI/2023 TERKAIT PERSYARATAN CALON PRESIDEN DAN CALON WAKIL PRESIDEN DIKAITKAN DENGAN ASAS PEMBAGIAN KEKUASAAN Sahara, Iman Fadilah Erian; Firdaus, Emilda; Artina, Dessy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 2 (2024): Juli - Desember 2024
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The 1945 Constitution (UUD 1945) is one of the sources of Indonesianlaw. The age limit is stated in Article 169 letter q of Law Number 7 of 2017concerning Elections so it is felt to be inappropriate because the ConstitutionalCourt is a judicial institution or negative legislator, which means it does notimmediately make new rules and add legal norms to Law Number 7 2017concerning General Elections. The Constitutional Court has no authority toreplace or insert new norms into the content (paragraphs, articles and/or parts)of laws that have been declared contrary to the 1945 Constitution and thereforedo not have binding legal force.This type of legal research can be categorized as using a normative type oflegal research. Normative legal research is library legal research. The datasources used are secondary data consisting of primary legal materials, secondarylegal materials and tertiary legal materials. The data collection technique comesfrom the library research method. After the data is collected, conclusions aredrawnFrom the results of the research, 2 (two) main things were obtained,namely first, even though a judicial tip occurred, a criminal act or violation of thecode of ethics committed by a judge, does not make the Constitutional Court'sdecision invalid or wrong. Second, in this case the role of the ConstitutionalCourt is as a judicial institution which has the task of examining laws that arealready in force or that have been passed.Keyword: Constitutional Court, Ethics, Conflict of Interest
PROBLEMATIKA HUKUM PUTUSAN RECHTERLIJK PARDON DALAM SISTEM PEMIDANAAN DI INDONESIA Lase, Jovial Kristian; R, Mukhlis; Rahmadan, Davit
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 2 (2024): Juli - Desember 2024
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The background of the concept of rechterlijk pardon is rooted in theprevalence of defendants who have actually fulfilled the burden of proof, butsentencing them would result in a conflict between legal certainty and justice. Onthe other hand, the qualification procedure for rechterlijk pardon must be strictlyregulated to ensure that pardons are not granted without guidelines, given thewide discretion available to judges. Rechterlijk pardon in the penal systemprimarily concerns the imposition of penalties where judges may decide not toimpose a sentence on proven guilty defendants based on the goals of sentencing.The analysis employs normative research using a qualitative approach,specifically conceptual and legislative approaches, to uncover how judges weighdecisions and the constraints that govern judges in rechterlijk pardon rulings.The findings of this research suggest that legal reasoning by judges mustalign with moral reasons consistent with Pancasila values and civilized law, andshould focus on individualizing punishment and subsociality in formulatingsentencing goals. Sentencing guidelines are intended as a controlling function.The highly individual characteristics of criminal cases should be autonomouslyjustified with sufficient consideration of legal principles and the principle of culpain causa.Keywords: Rechterlijk Pardon, Verdict, Penal System
KETAHANAN PANGAN DUNIA SEBAGAI DAMPAK PERANG UKRAINA RUSIA BERDASARKAN HUKUM INTERNASIONAL Nababan, Desvo Richat
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 2 (2024): Juli - Desember 2024
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In recent years, the war between Russia and Ukraine has had an impact on countries inthe world that are dependent on the conflicting countries in terms of food security which hascaused a food crisis which has caused world hunger rates to increase and created a situationof economic and political instability in the world. The right to food is a basic human rightrecognized in international, regional and national instruments. Therefore, the researchobjectives of this thesis are: first, to determine the impact of world food security as a result ofthe Ukraine-Russia war based on international law. Second, to find out the role of InternationalLaw in overcoming food security due to the impact of the Ukraine-Russia war.The type of research used by the author is normative legal research or what is known as"legal research". which means that legal research is conceptualized as what is written in thestatutory regulations (law in book) or law.From the research results, there are two main things that can be concluded. First, theUkraine-Russia War has implications for world food security, especially if the fighting involvesareas that are fertile and important for global food production, resulting in the destruction ofagricultural infrastructure, disrupting food production, and causing losses in global supplychains. This can lead to food shortages and increased food prices throughout the world. Inaddition, the war between Ukraine and Russia has an impact on food security that is not limitedto the conflict area, but can spread globally due to economic dependence and internationaltrade. Second, International Law plays an important role in overcoming the impact of theRussia-Ukraine war on food security. In this case, humanitarian law is present in upholdinghumanitarian principles in war situations, especially in maintaining access to world food forcountries that are food dependent on Ukraine and Russia.Keywords: Food Security, Ukraine, Russia, International Law.
ANALISIS YURIDIS PENGGANTIAN HAKIM MAHKAMAH KONSTITUSI DALAM MASA JABATANNYA OLEH DEWAN PERWAKILAN RAKYAT Suhendri, Dicky
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 2 (2024): Juli - Desember 2024
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The Constitutional Court is a high state institution in the Indonesianconstitutional system which has constitutional authority to adjudicate at the firstand final level to decide disputes over the authority of state institutions, thedissolution of political parties, disputes over general election results, and judicialreview of the 1945 Constitution. The constitution acts as the guardian of theconstitution whose task is to ensure that all legal products and actions of stateinstitutions do not conflict with the constitution.This research is normative research. This is based on library researchwhich takes quotations from reading books, or supporting books that are relatedto the problem to be researched. This research uses secondary data sourcesconsisting of primary, secondary and tertiary book materials. This research alsouses qualitative data analysis and produces descriptive data.From the results of the research and discussions carried out, severalconclusions were obtained, namely: First, Article 10 paragraph (1) PMK 4/2012clearly states that the replacement or removal of Constitutional Court Judgesfrom their positions can only be carried out by presidential decree at the requestof the chairman of the Constitutional Court ., Second, the removal ofConstitutional Judge Aswanto by the DPR is an attempted intervention against theConstitutional Court Judge, in this case the Judicial Authority should havefreedom and independence in carrying out the duties and functions of theConstitutional Court. So it can be concluded that the dismissal of Judge Aswantoand appointing Guntur Hamzah as Constitutional Court Judge is not can bejustified because it is contrary to law. The author's suggestion is that thePresident is expected to show firmness in handling the replacement ofConstitutional Justice Aswanto. In this case, the President is not obliged to payattention to the letter from the DPR regarding the replacement of ConstitutionalJustice Aswanto with Guntur Hamzah, or provide a response that the Presidentcannot carry out the replacement because the process is wrong.Keywords: Constitutional Court-Replacement of Judges-People'sRepresentative

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