Garuda - Garba Rujukan Digital

TINJAUAN YURIDIS AUTOPSI ULANG KORBAN TINDAK PIDANA DAN KEKUATAN HUKUM PEMBUKTIANNYA Riandra, Daffa Azta; Erdiansyah, Erdiansyah; Hidayat, Tengku Arif
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

In criminal cases, evidence is always a principal and crucial matter,because sometimes in processing a case. Witnesses, victims and perpetrators aresilent, meaning they do not want to provide information. Because it makes proofsomething important. In practice, autopsies are performed more than once. Thefunction of the autopsy is as a criterion in determining the criminal liability of theperpetrator. If there is a re-autopsy whether the judge ignores one of them, and ifthere are two autopsy results how the judge assesses each autopsy because notnecessarily the results of the re-autopsy are correct. This raises the uncertainty ofthe position of the re-autopsy results for the purposes of trial evidence. Then inthe forensic regulation in Indonesia, it does not clearly regulate re-autopsy,including the conditions that must be met if you want to do a re-autopsy, the timelimit for re-autopsy and how many times a re-autopsy is carried out. Theregulation of re-autopsy in Indonesia is not regulated in legislation and has notclearly regulated the position of re-autopsy evidence and its legal certainty.This research is classified into normative juridical research. The data usedare primary data and secondary data consisting of primary legal materials,secondary legal materials, and tertiary legal materials. The data collectiontechnique uses the literature review method, namely describing and analyzingdata from several sources such as laws, books and opinions of criminal lawexperts. This research was then analyzed descriptively qualitatively. The inferencetechnique used is by doing a deductive mindset.The results of this study are that re-autopsy is valid because it strengthensthe search for material truth of a criminal act and re-autopsy re-autopsy forevidentiary purposes depends on the judge's consideration in assessing the resultsof the re-autopsy. Because the value of the evidentiary power is free, it is hopedthat the judge will consider justice, expediency and legal certainty in decidingcriminal cases so that there will be no misguided decisions.Keywords : Autopsy,Victim,Criminal Act,Evidence

TINJAUAN YURIDIS RANGKAP JABATAN WAKIL MENTERI BADAN USAHA MILIK NEGARA MENURUT UNDANG-UNDANG NOMOR 39 TAHUN 2008 TENTANG KEMENTERIAN NEGARA Yanti, Anisya Ismi; Indra, Mexsasai; Rauf, Muhammad A.
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Indonesia is a constitutional state which is not only based on power, but onexisting rules or laws. The government runs on the basis of the constitution and isnot absolutism (unlimited power) in accordance with the Provisions contained inArticle 1 paragraph 3 of the 1945 Constitution of the Republic of Indonesia whichstates that Indonesia is a state of law.The presidential system is a system of government that is centered on theposition of the president as head of government as well as head of state. In thissystem, the executive branch, which is represented by the president, is notresponsible to the legislature, which, if exemplified in the Indonesian governmentsystem, is represented by the DPR. The position of the executive body is strongerin dealing with the legislature. A presidential system can be said to be arepresentative government of the people, with a system of strict separation ofpowers. The separation between the executive and legislative powers means thatthis executive power is held by an agency or organ which, in carrying out itsduties, is not responsible for the people's representative body.This concurrent position in the Ombudsman's assessment will causeseveral losses. Starting from the existence of conflicts of interest, issues ofcompetence and capability of officials who are concurrently not in accordancewith the position of commissioner, and the emergence of double income. In theview of the State Civil Apparatus Commission (KASN), the phenomenon ofmultiple positions apart from causing a conflict of interest, is also the root offraud. Concurrent positions of SOE commissioners by public officials areopportunities for corruption.Multiple Positions is an action carried out by a person in two or morepositions in the same or different environments. Being in power means that whena person has concurrent positions, it is undeniable that the holder of the positionwill not be able to optimally carry out one of the positions held due to negligence.So that the worst possibility is not carrying out the duties optimally in bothpositions.Keywords: Multiple Positions, Minister, Position, Constitutional Court.

TINJAUAN TENTANG KEPEMILIKAN TANAH SECARA ABSENTEE / GUNTAI DI DESA PANDAU JAYA KECAMATAN SIAK HULU BERDASARKAN PERATURAN PEMERINTAH NOMOR 41 TAHUN 1964 TENTANG PERUBAHAN DAN TAMBAHAN PERATURAN PEMERINTAH NOMOR 224 TAHUN 1961 TENTANG PELAKSANAAN PEMBAGIAN TANAH DAN PEMBERIANGANTI KERUGIAN Maha, Fandi Wahyudi; 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

Show Abstract | Download Original | Original Source | Check in Google Scholar

As an implementation of Law Number 5 of 1960 concerning Basic Regulationson Agrarian Principles (UUPA), the government issued Law Number 56 of 1960concerning Determination of Agricultural Land Area with the Implementation of PPNumber 224 of 1961 concerning Implementation of Land Distribution and ProvidingCompensation, in Article 3 paragraph (1) of PP Number 224 of 1961 in conjunctionwith Article PP Number 41 of 1964 regulates the Prohibition of Absentee LandOwnership, in reality There are still people who own agricultural land in absentee inPandau Jaya Village, Siak Hulu District, so in practice the regulations regarding theprohibition of absentee land cannot be implemented effectively.This type of research is classified as sociological legal research. Insociological legal research, the data sources are primary data sources and secondarydata sources consisting of primary legal materials, secondary legal materials andtertiary legal materials. Collecting normative legal research data uses datacollection techniques by interview and literature study. Data obtained throughliterature study will be analyzed qualitatively. In drawing conclusions the author usesan inductive thinking method, namely a way of thinking that draws conclusions froma specific statement or proposition to a general statement.Based on the research results, it can be understood that the factors that occurin absentee land ownership by inheritance in Pandau Jaya Village, Siak HuluDistrict, Kampar Regency include: buying and selling factors, inheritance factors,village coordination factors, absentee land data completeness factors and legalconsequences of absentee land ownership by inheritance in the Village Pandau Jaya,Siak Hulu District, Kampar Regency. In accordance with the principles of landreform contained in article 10 of the Basic Agrarian Law Number 5 of 1960 whichprohibits owning land in absentee. So, indirectly, absentee ownership of land resultsin the agricultural land not being able to be registered with BPN Kampar Regency asa Certificate of Ownership.Keywords: Ownership – Absentee Land – Pandau Jaya Village

IMPLEMENTASI PEMBERIAN BANTUAN HUKUM TERHADAP PEREMPUAN YANG MENGALAMI PERMASALAHAN KEKERASAN SEKSUAL DI KOTA PEKANBARU Saragih, John Meidi; Rahmadan, Davit; 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

Show Abstract | Download Original | Original Source | Check in Google Scholar

Sexual violence is a crime that is currently receiving a lot of publicattention. The media often covers news about sexual violence crimes. As a type ofclassic crime, this crime has existed for a long time and will continue to exist anddevelop along with human culture. The aim of this research is to find out how thePekanbaru legal aid system helps victims of sexual violence. Sociological legalresearch is the research approach used in this research. A literature review andinterviews in the field of law constitute this research. The implementation of legalaid for women who experience sexual violence in Pekanbaru is the focus of thisresearch debate. Primary, secondary and tertiary legal sources are used as datasources. As legal aid institutions, PBH Pekanbaru, UPT PPA Pekanbaru City,LBH Putra Bangsa Justice Forum and PBH Adin Siak.A woman who is a victim of sexual violence faces too many obstacles whenit comes to accessing justice or needing legal protection. Weak laws and negativeviews of victims of violence are considered to be the basic reasons why not manywomen report the violence they experience. And it becomes more difficult inlayers when the perpetrator is a public official or public figure. There is animbalance in power relations where the perpetrator may use his relations andpower to influence the victim's access to justice. This results in impunity forperpetrators while victims of violence do not have their rights to justice, truth andrecovery fulfilledLegal aid institutions As part of its initiative to protect women andchildren from sexual violence, the Indonesian government has offered legal aidthrough the Women and Children Protection UPT. People in Indonesia have feltthe benefits of community and government efforts in providing legal assistance.Based on a study by the Pekanbaru Legal Aid Center, PBH Pekanbaru as a lawfirm should naturally take legal action to help all its customers. The first line ofdefense against sexual violence is Psychosocial, Paralegal Post, Advocacy andSafe House.Keywords: Implementation, Provision Of Legal Aid, Women, Sexual Violence.

IMPLEMENTASI ELEKTRONIK JUSTICE SYSTEM E-COURT DALAM PROSES BERPERKARA TINGKAT PERTAMA DI PENGADILAN NEGERI PEKANBARU BERDASARKAN PERATURAN MAHKAMAH AGUNG NO 1 TAHUN 2019 TENTANG ADMINISTRASI PERKARA DAN PERSIDANGAN DI PENGADILAN SECARA ELEKTRONIK Zahra, Tasya Alfiya; Firdaus, Emilda; Junaidi, Junaidi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

A person with visual impairment is any person who has limited vision dueto one thing or another who in interacting with the environment experiencesobstacles and difficulties to participate fully and effectiveli in the socia. E-Courtis an instrument in court as a form of service to the public in terms of online caseregistration, online payments, online summons, and online trials. The E-Courtapplication itself is an implementation of information technology where thegovernment must be sharp in seeing opportunities with the presence oftechnology, so an internet-based application called E-Court was created.In accordance with the background above, the author formulates the mainproblem to be studied, namely: 1) How is the Justice Information System (E-Court) implemented in the Pekanbaru District Court? 2). What are the inhibitingfactors faced in implementing the E-Court application at the Pekanbaru DistrictCourt? 3). What are the appropriate efforts to optimize the implementation of theE-Court application at the Pekanbaru District Court?Based on the research results, it is known that the implementation of theJustice Information System (E-Court) at the Pekanbaru District Court is aneffective, efficient and hassle-free process, carried out quickly and case costsincurred can be borne by the case parties. Furthermore, monitoring andevaluation of the performance of all ASNs in implementing the E-Court within thePekanbaru District Court, and to the community in the jurisdiction of thePekanbaru Court and carry out recruitment of additional employees at thePekanbaru District Court whose functions are assigned specifically to the E-Court Corner.Keywords: Implementation, E-Court, Pekanbaru District Court.

IMPLEMENTASI PENEGAKAN HUKUM TERHADAP ANAK SEBAGAI PELAKU KEKERASAN SEKSUAL DI KOTA PEKANBARU Salsabila, Putri Nanda; Erdianto, Erdianto; 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

Show Abstract | Download Original | Original Source | Check in Google Scholar

Article 76 E of Law Number 35 of 2014 concerning Amendments to LawNumber 23 of 2002 concerning Child Protection states that the criminal act ofmolesting a child which is punishable by a minimum sentence of 5 (five) years in prisonis a serious crime, but in reality in the Police Pekanbaru City Resort has several casesof fornication that have not been resolved because the police have stopped investigatingthe cases because mediation has been carried out. This type of research is sociologicallegal research, namely an attempt to see the influence of the enactment of positive lawon people's lives.This research is also descriptive in nature, namely the author tries to describelaw as a form of social control related to the establishment and maintenance of socialrules, with a basic view of the law's ability to control human behavior and createconformity in these behaviors.This research aims to find out how law enforcement is carried out by thePekanbaru City Resort Police, especially Women and Child Protection UnitInvestigators, what obstacles are faced in law enforcement and what efforts can bemade to overcome obstacles to law enforcement at the Pekanbaru City Resort Police.The results of this research explain that law enforcement carried out by thePekanbaru City Police, especially the Women and Children Protection UnitInvestigators, has not been optimal in cases of criminal sexual abuse of children. Theobstacles faced by the Police are the lack of quality and quantity of Women andChildren Unit Investigators, lack of cooperation from the victim or the victim's family inproviding information related to the case being processed, and a lack of public legalawareness. The efforts that the author offers in this research are to improve the qualityand quantity of investigators in the women's and children's unit at the Pekanbaru CityPolice Department, increasing public insight regarding the importance of legalawareness in order to create justice, benefit and public welfare.Keywords: Law Enforcement - Crime - Sexual Abuse - Children.

ANALISIS PUTUSAN PENGADILAN NEGERI JAKARTA PUSAT NOMOR 757/PDT.G/2022/PN JKT.PST TENTANG PENUNDAAN PEMILIHAN UMUM SERENTAK TAHUN 2024 Syanur, Fitre Nesi; Junaidi, Junaidi; 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

Show Abstract | Download Original | Original Source | Check in Google Scholar

General elections are an important pillar in a democratic country as a legitimatemechanism for changing state power, resulting in the formation of the Election Law. However, inpractice, conflicts of interest often occur which result in elections being held. The dispute raisedin this research is the PRIMA Dispute with the KPU which resulted in a decision by the CentralJakarta District Court with case registration number 757/Pdt.G/2022/PN Jkt.Pst. This decisioncontains crucial points that decide the postponement of the simultaneous general elections in2024. The aim of this thesis research is first, to analyze the absolute and relative permission ofthe Central Jakarta district court in examining and deciding the a quo case. Second, analyze theinterpretation method used in the a quo decision. Third, examine the settlement process thatshould be carried out in this case, especially the position of the Central Jakarta District Courtthat should be taken in the a quo case and the legal efforts that should be taken by PRIMA.This type of research can be classified into normative research and focuses on legalprinciples. This research uses data sources in the form of secondary data with data collectiontechniques based on literature study.From the results of research on the problem, there are three main things that can beconcluded. First, based on Law Number 7 of 2017 concerning General Elections, the CentralJakarta District Court has absolutely no absolute or relative authority in examining anddeciding a quo cases. This case clearly falls under the absolute authority of the StateAdministrative Court based on Article 470 of the Election Law and Article 2 of PERMA RINumber 2 of 2019. Second, the interpretation method used in the a quo decision is an extensiveand systematic interpretation method. Third, the resolution path that PRIMA should take is toreject the a quo case during the preliminary examination by the head of the court or give a NietOntvankelijke Verklaard (NO) decision or it cannot be accepted because there are formal defectsin the lawsuit, which is the limit of the district court's absolute authority. PRIMA can take legalaction through a lawsuit to the Jakarta PTUN with the judicial object being Bawaslu Decision002/PS.REG/BAWASLU/IX/2022.Keywords : Authority - District Court - Postponement of Elections

ANALISIS POLITIK HUKUM PENGATURAN PRESIDENTIAL THRESHOLD BERDASARKAN UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 Ridho, Havid; Haryono, Dodi; Junaidi, Junaidi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Article 222 No. 7 of 2017 concerning General Elections as an entry point forpolitical cartels, both the requirements for presidential candidates and vice presidentialcandidates and the procedures for presidential elections in the 1945 Constitution do notregulate the requirement sthreshold and the 1945 Constitution does not delegate laws toregulate condition shreshold and Article 222 does not provide legal certainty becauseneither new parties nor old parties that do not have 20% of the seats or 25% of the validnational vote can nominate presidential and vice presidential candidates.The purpose of writing this thesis is: first, to understand the political and legalregulations Presidential Threshold in the election of President and Vice President asregulated in Law Number 7 of 2017. Second, to find out about the arrangementsPresidential Trheshold In the General Election, it is in accordance with the Political andLegal Analysis of the 1945 Constitution. Third, to find out the Analysis of Legal PoliticalConformity Presidential Trheshold in Law Number 7 of 2017 Linked to the 1945Constitution. The research method in this thesis uses normative juridical research, namelyresearch that focuses on examining the application of rules or norms in positive law. Thedata source used is the data sourcefirst, seconds andtertiary, The data collection methodused in this research is firstly literature study, which is a technique for obtainingsecondary data through documents related to the problem, objectives and benefits of theresearch, then after the data is collected it is then analyzed to draw conclusions.Based on the research results, the first conclusion can be drawn that political legaldetermination Presidential Threshold in the election of the president and vice presidentregulated in law no. 7 of 2017 in the Law of the Republic of Indonesia of 1945 presentedas a form of strengthening the presidential system, and requiring a government thatisbalanced and mutually controlled Second Arrangement presidential threshold in theElection Law, this actually creates a contradiction or incongruity with the spirit of theconstitution, which has actually opened up the widest possible space for political partiesparticipating in the election to nominate presidential and vice presidential candidateswithout being limited by the threshold for obtaining votes or seats in parliament.Keywords: Election, presidential threshold, 1945 Constitution

TINJAUAN TENTANG JUAL BELI UANG RUSAK DALAM PERSPEKTIF PASAL 1320 KITAB UNDANG-UNDANG HUKUM PERDATA (STUDI KASUS DI PASAR KODIM KECAMATAN SENAPELAN KOTA PEKANBARU) Umary, Fajrika Adil; Bachtiar, Maryati; Putra, Setia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Buying and selling damaged money (Bakul Duit Keliling) is a transactionactivity of buying and selling damaged money to people who have damagedmoney and replacing it with half or more than half the nominal amount ofdamaged money owned by the community. Therefore, the aim of this thesisresearch is first, the buying and selling of damaged money that occurs at theKodim Market, Senapelan District, Pekanbaru City is in accordance with thelegal terms of the agreement. Second, the legal consequences of buying andselling damaged money that occurred at the Kodim Market, Senapelan District,Pekanbaru City from the perspective of Article 1320 of the Civil Code.The type of research that the author uses is Sociological legal research.The research location was carried out at the Kodim Market, Senapelan District,Pekanbaru City. Meanwhile, the population and sample are all parties related tothe problem examined in this research, the data sources used, primary data andsecondary data, data collection techniques in this research using interviews,literature review and data analysis.As for the results of the research problem, there are two main things thatcan be concluded. Firstly, buying and selling damaged money at the SenapelanDistrict Kodim Market involves mobile Money Baskets (Buyers of DamagedMoney) and traders selling at the Senapelan District Kodim Market. Second, thelegal consequences of buying and selling damaged money that occurred at theKodim Market, Senapelan District, Pekanbaru City, are null and void.Keywords : Agreement - Buying and Selling Damaged Money - LegalConditions

TINJAUAN YURIDIS AUTOPSI ULANG KORBAN TINDAK PIDANA DAN KEKUATAN HUKUM PEMBUKTIANNYA Riandra, Daffa Azta; Erdiansyah, Erdiansyah; Hidayat, Tengku Arif
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

In criminal cases, evidence is always a principal and crucial matter,because sometimes in processing a case. Witnesses, victims and perpetrators aresilent, meaning they do not want to provide information. Because it makes proofsomething important. In practice, autopsies are performed more than once. Thefunction of the autopsy is as a criterion in determining the criminal liability of theperpetrator. If there is a re-autopsy whether the judge ignores one of them, and ifthere are two autopsy results how the judge assesses each autopsy because notnecessarily the results of the re-autopsy are correct. This raises the uncertainty ofthe position of the re-autopsy results for the purposes of trial evidence. Then inthe forensic regulation in Indonesia, it does not clearly regulate re-autopsy,including the conditions that must be met if you want to do a re-autopsy, the timelimit for re-autopsy and how many times a re-autopsy is carried out. Theregulation of re-autopsy in Indonesia is not regulated in legislation and has notclearly regulated the position of re-autopsy evidence and its legal certainty.This research is classified into normative juridical research. The data usedare primary data and secondary data consisting of primary legal materials,secondary legal materials, and tertiary legal materials. The data collectiontechnique uses the literature review method, namely describing and analyzingdata from several sources such as laws, books and opinions of criminal lawexperts. This research was then analyzed descriptively qualitatively. The inferencetechnique used is by doing a deductive mindset.The results of this study are that re-autopsy is valid because it strengthensthe search for material truth of a criminal act and re-autopsy re-autopsy forevidentiary purposes depends on the judge's consideration in assessing the resultsof the re-autopsy. Because the value of the evidentiary power is free, it is hopedthat the judge will consider justice, expediency and legal certainty in decidingcriminal cases so that there will be no misguided decisions.Keywords : Autopsy,Victim,Criminal Act,Evidence

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name
-

Contact Email
-

Phone
-

Journal Mail Official
-

Editorial Address
-

Location
Kota pekanbaru,

Riau

INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name -

Contact Email -

Phone -

Journal Mail Official -

Editorial Address -

Location Kota pekanbaru, Riau INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
-

Contact Email
-

Phone
-

Journal Mail Official
-

Editorial Address
-

Location
Kota pekanbaru,

Riau

INDONESIA