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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 Yuridis Kewenangan Komisi Pemberantasan Korupsi Dalam Monitoring Pemberantasan Tindak Pidana Korupsi Di Indonesia Ferris Sustiawan; Erdianto Efendi; Mexsasai Indra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Abstract

Combating Corruption Commission (KPK) is a special institution established as an institution for combating corruption is formed by Act No. 30 of 2002 on the Corruption Eradication Commission. The Commission has the authority that an arbitrary one of the main organizers is to monitor the state government. Monitoring is an activity that is carried out to check the appearance of the activity that is being done. Sector Monitoring Commission, in charge of running the oversight of government agencies, especially that could affect the growth or shrinkage of the corruption perception index. commission work together with the Commission's internal watchdog agency to talk about how to create an effective supervision. Internal watchdog agency is spearheading the supervision of an institution or department. They are expected to be able to detect irregularities in advance or even prevent the occurrence of financial irregularities.Keywords: Authority - Monitoring - Combating Corruption Commission (KPK).
PENYIDIKAN PELAKU TINDAK PIDANA PENYELUNDUPAN MANUSIA BERDASARKAN KITAB UNDANG-UNDANG HUKUM ACARA PIDANA OLEH KEPOLISIAN RESOR KOTA PEKANBARU John Nardy; Erdianto '; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Human smuggling (people smuggling) occurred in the city of Pekanbaru, this is because pekanbaru a place where the border regions directly adjacent to some neighboring countries such as Singapore and Malaysia, so it becomes a shortcut or transit for human trafficking, human smuggling that occurred during this The Regional Police Pekanbaru city there is only one case that happened on 28 August 2014 performed by supiono as criminal human smuggling that took seven foreign nationals who come from Afghanistan, the Pekanbaru City Police managed to capture supiono to conduct raids The combined so terbongkarlah case of human smuggling. This type of research is quite juridical sociological research, because in this study the authors directly conduct research on locations or places studied in order to give a complete and clear picture of the problems examined. This research was conducted at the Regional Police Pekanbaru, while the sample population is a whole party with regard to the issues examined in this study, the source of the data used primary data and secondary data, while data collecting technique in this research is done with interviews / interview and study data using deductive method is to analyze the problems of a general nature subsequently withdrawn padfa specific conclusions based on existing theories. Results of the discussion of this paper is, first, that the crime of human smuggling in the region pekanbaru town in handling the Immigration and Police are not yet optimal, secondly, the lack of public knowledge about immigrants and the danger of human trafficking crimes, criminals organized human smuggling , the apparatus is less responsible, third, the efforts made in addressing the crime of human smuggling to act effectively and efficiently in handling criminal cases of human trafficking, conduct raids combined with other law enforcement officers on the borders or ports of existing.
Perlindungan Terhadap Korban Sekaligus Pelaku Pada Tindak Pidana Penyalahgunaan Narkotika Berdasarkan Putusan Nomor. 104/Pid.B/2014/PN.BJ Weni Safitri Ismail; Erdianto Effendi; Mexsasai Indra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Abstract

The criminal misuse of narcotic basically only considered a suspect of an act that iswhere the real perpetrators are also victims of drug abuse of narcotic crime itself. As is thecase based on the decision of the District Court Binjai No.104 / Pid.B / 2014 / PN.BJ. Againstthe defendant shall be punished with imprisonment of 1 (one) year and set a period ofdetention already served by the accused entirely deducted from the sentence imposed.Whereas in Act 35 of 2009 Article 54 has been explained that addicts and drug abusers shallbe rehabilitated. The purpose of this thesis are: First, to determine the urgency of theprotection of victims and perpetrators in the crime of drug abuse. Secondly, To find out theverdict in the case No. 104 / Pid.B / 2014 / PN.BJ has provided protection against the accusedwho is the perpetrator and victim.This type of research used by the author in this study is normative. Source of dataused are secondary data. Data collection techniques in this study using literature.From the research problem there are two main things that can be inferred. First, protectionagainst perpetrators who are also victims of drug abuse in a criminal act is necessary.Secondly, the Decision Case Number. 104 / Pid.B / 2014 / PN.BJ. This does not giveprotection to sipelaku drug users which in this case can also be mentioned as a victim of thecrime of narcotics. Suggestions author, First, the judge in this case represents the state toprotect society should provide decision useful for individuals themselves and for society bypromoting prinsi fairness and in accordance with regulations or laws applicable. Secondly, interms of decision Case Number. 104 / Pid.B / 2014 / PN.BJ not provide that protection basedbecause the judge simply looked at the accused as the perpetrator and does not pay attentionto aspects of the victimKeywords : Protection - Victims - Perpetrators - Abuse - Narcotics
REKLAMASI SINGAPURA TERHADAP KEDAULATAN WILAYAH REPUBLIK INDONESIA BERDASARKAN HUKUM LAUT INTERNASIONAL FELLA DEFILLA; Dodi Haryono; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Abstract

Indonesia is the largest archipelago in Southeast Asia which borderswith Malaysia and Singapore. As a state directly adjacent, not infrequenlyIndonesia seized conflict with the neighboring countries, including borderconflicts. Singapore has conducted reclamation activities sice 1966. The case ofreclamation conducted by Singapore is related to the Law of Sea Convention1982. As the one reference for countries experiencing problem or conflict overmarine areas. Indonesia as one of the countries that have ratified UNCLOS in1982, of course, can make a reference in the 1982 UNCLOS reclamation issue.The purpose of this thesis are; First, to determine the settings reclamation ininternational maritime law; Second, to determine the reclamation by Singaporecould threaten the sovereignty of the Republic Indonesia based on theInternational Law of theSea.Type of research used in this study, using a normative legal research. Atthis research the author concentrated on research that examines the level ofsynchronization law more in the case of sea reclamation in accordance withInternational Law and the connected the bilateral agreements between Indonesiaand Singapore with UNCLOS 1982.The result of the research, conclude two main points, First, in the UnitedNations on the Law of Sea in 1982 there were four of Article related toreclamation activities namely, Article 11, Article 56, pargraph 1, letter b, Article60, and Article 80. Secondly, reclamation conducted by Singapore can notthreaten the sovereignty of the Republic Indonesia unfder Article 11 and 60 poin 8of the United Nations on the Law of the Sea 1982.Keyword: Reclamation, Sovereignty, International Sea or UNCLOS
TINJAUAN YURIDIS EKSEKUSI MATI UNTUK WARGA NEGARA ASING DAN KAITANYA DENGAN HUBUNGAN INTERNASIONAL INDONESIA DENGAN NEGARA LAIN Wulandari, Natalia Desi; ', Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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The death penalty as one of the main criminal contained in article 10 of the Code of Penal always been an endless debate to this day. Others argue the pros against the death penalty and many cons. Especially it concerns the implementation to foreign nationals, where many countries that do not agree with the death penalty, particularly the socialist countries. Most of the socialist countries abolished the death penalty on the grounds of protection of human rights, according to the UN declaration of 1975 on guarding everyone from the tortured or treated or punished in a cruel, inhuman and debased. Moreover.The objectives to be accomplished author in this study are to determine the procedures for the execution of foreign nationals, to know the reaction of the countries in the world to die for the execution of foreign nationals in Indonesia and to determine the effectiveness of the death penalty in the world. This study is a normative legal research, the research uses the literature study will be concluded so deductively. Namely the conclusion initiated by the things that are common to the things that are special.While the results of this research will explain about the definition of a link between the death penalty and executions of human rights in relation to Indonesia as a state of law and the status of the death penalty in Indonesian positive law and historical procedures for executions in the world. Besides the core of this study is that the authors will explain the procedure of execution for foreign nationals in Indonesia are regulated in Presidential Edict No. 2 of 1964 which is also listed in the State Gazette No. 38 of 1964 on the Procedures for Execution of Death in the Region General Court and the Court military, the reaction of countries in the world, especially Australia, Brazil and France .Keywords: Execution Dead, foreigners, International Relations
PERANAN WWF (WORLD WILD FUND FOR NATURE ) DALAM UPAYA PELESTARIAN DAN PENANGGULANGAN KERUSAKAN HUTAN TAMAN NASIONAL TESSO NILO TERHADAP KELANGSUNGAN HIDUP SATWA ENDEMIK DI KABUPATEN PELALAWAN PROVINSI RIAU Nilam Hananti; Dodi Haryono; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Indonesia has 20 million hectares of peatlands is mainly located in Sumatra (7.2 million ha) and Borneo. Riau is a province which has the largest peat land approximately 4.044 million ha or 56.1% of the total area of peatlands in Sumatera.Indonesia is one of the countries that suffered environmental problems, such as the problem of flooding, forest encroachment, until the destruction of the National Parks in several regions in Indonesia , One of the encroached forest is Tesso Nilo National Park (TNNP) located in three districts in the province of Riau, namely Pelalawan, Kampar and Kuantan Singingi.Seeing the forest conditions are constantly degraded, the WWF (World Wild Fund For Nature). Then make efforts to urge the government to immediately produce policies that support forest conservation. According to the WWF if the destruction of peatlands in the Tesso Nilo National Park continues, then it is not Indonesia who will suffer the consequences, but the regional and global community will also feel the consequences. WWF as one of the non-profit environmental organizations in Indonesia, has a vision, mission and goals of the organization. The main purpose WWFadalah to stop and repair the environmental damage and to build a future in which humans live in harmony with the WWF alam.Upaya do is save the species diversity by promoting the preservation of the social and economic benefits to local communities in a sustainable manner.Keyword: WWF – Tesso Nilo- -Forestry
PERTANGGUNGJAWABAN NEGARA TERHADAP PENCEMARAN LAUT TIMOR OLEH TUMPAHAN MINYAK AUSTRALIA BERDASARKAN UNCLOS III 1982 DAN HUKUM LINGKUNGAN INTERNASIONAL Novia Kusma Ningsih; Mexsasai Indra; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Abstract

Border management state of work never ending since that state born. This is thing based of state constitution one of state ,except country, government, and ability to interaction with international world and there is recognition of other countries. Contamination of path be important trauble to indonesian, because has contamination sea of indonesia until exclusive economic zone. Base philosophical based in article 192 United Nations Convention on the Law of The Sea (UNCLOS) 1982, that every country should keep of the sea, and that mean is article give pressed that ecosystem of sea is a part should to keep and long lasting for every countries. Research purpose is first about dispute resolution in international law that use as method to dispute settlement cases contamination of the sea timor; and second state responsibility of explode examination into sea timor.As for result is first, dispute resolution that taken during this among parties involved into dispute that is, Indonesia and PTTEP Australasia is diplomacy. Second, form of responsibility among australia, and indonesia is in the case of tort claim and compensation.
ANALISIS YURIDIS PROSES HUKUM TERHADAP PEJABAT DIPLOMATIK YANG MELAKUKAN PERBUATAN MELAWAN HUKUM DI NEGARA PENERIMA (STUDI KASUS ASUSILA PEJABAT DIPLOMAT MALAYSIA DI WELLINGTON, SELANDIA BARU) Oktaviana, Ruth; Bachtiar, Maryati; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Immunity of diplomatic officials is freedom from arrest or detention. This freedom is a guarantee for one diplomatic official in conducting its functions. Each emphasis directly against a diplomat who represented his country could be considered as aimed directly against the countries they represent, but a diplomat are also obliged to respect the rules and laws of the recipient country.This study aims to determine the provisions of Vienna Convention of 1961 that regulates the immunity and privileges of diplomatic officials and legal processes that must be followed by a diplomatic official who committed an unlawful act in the recipient country.This research is a form of literature studies, which are guided by the development of science of international law, especially in the diplomatic field. From this research can be seen the advantages of immunity and inviolability, which is given to diplomatic officials, associated with the execution of their functions and duties. However, from the advantages it can be seen the individuals who misuse these immunity.Results from this study would be refers to the case between New Zealand and Malaysia with the provisions on the rights of immunity and the privileges of an officials diplomatic for contained in the 1961 Vienna Convention.The provisions about the waiver of immunity and the rule of law are stated in Section 32 of the Vienna Convention 1961. Immunity of jurisdiction of diplomatic officials and those who enjoy the immunity contained in Section 37 of the Vienna Convention 1961 can be removed by the sending country. Dismantlement of immunity the diplomat who violate depends on the good faith of the sending country in ensuring that the diplomat will get fair treatment in the country. Because in Vienna Convention 1961 on Diplomatic Relations does not explain about the standard or a reason to be abandon immunity of a diplomat who commit violations.Thus, the authors suggest for more coordination between the government and the police related to the arrest and detention of diplomatic officials who proved to have committed acts of crime in the territory of New Zealand, so that all processes that run against diplomatic officials can be run in accordance with the rules of international law applicable in New Zealand.Keywords: Immunities and Privileges of Diplomatic Officials, Legal Process of Diplomatic officials, associated with cases immoral.
PENGAWASAN KEIMIGRASIAN TERHADAP ORANG ASING OLEH KANTOR IMIGRASI KELAS II DUMAI MENURUT UNDANG-UNDANG NOMOR 6 TAHUN 2011 TENTANG KEIMIGRASIAN TIMBUL AMAN SIMORANGKIR; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Immigration comes from Dutch, Immigratie. Immigratie means someone who leaves his/her country by him/her self to stay or go to another country. Law of Immigration talk about people who are come to Indonesia and go out from Indonesia. Dumai city is a strategy place because it is near to Malaysia. It means that foreigners can come Indonesia or go out from Indonesia. That foreigners usually come to Indonesia to get a job, enjoy their vacation or just for transit. That strategy place make foreigners to come to Dumai illegality. They don’t have a document so they come in to the small ports which is place at the harbor of beach. In fact, there are a lot of foreigners have a job in Dumai but they don’t have document which is haven’t an extension document. They are a criminal of immigration. To ge a good stability and nation importance, nation sovereignty, security, general discipline and alert to the negatie possibility of come in or go out, existence, and foreigners activity in Indonesia, so Indonesia need to make a rule about controlling foreigners and immigration activity. As article 66 verse 2 Law of the republic of Indonesia number 6 of 20112011 concerning immigration says that the alert of foreigners like alert of foreigners who come in and go out, and alert of existence and foreigners activity in Indonesia..Keyword: Supervision - Immigration - Foreigners
PELAKSANAAN LELANG TERHADAP KREDIT MACET PADA PT. BANK RAKYAT INDONESIA (PERSERO) CABANG DUMAI Ariyana Rezki Ananda; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Bank according to Article 1 paragraph 2 of Law No. 10 of 1998 concerning Amendment to Law Number 7 of 1992 concerning Banking, "the bank is an entity that collects funds from the public in the form of savings and channel them to the public in the form of credit or other forms in order to improve the living standards of the people. "Based on this, the bank conducting credit to debtors who need funding for business or production activities. Based on the principle of prudence of banks in providing credit, the bank noticed collateral for a loan. The credit guarantee essentially serves to ensure the certainty of repayment of the debtor if the debtor in default or bankruptcy.Under Article 6 of Law Encumbrance, if the debtor injury appointment or default, the first mortgage holder of the right has the right to sell the object of encumbrance on its own power through public auction. Repayment of the receivable is taken of the results of the auction. This is what is commonly called parate execution. This formulation also contained in Article 1 178 Paragraph (2) of the Civil Code. However, before the bank was trying to rescue a credit according to Bank Indonesia Circular Letter No. 23/12 / BPPP dated February 28, 1991, namely Rescheduling, Reconditioning, Restructuring.Definition of an auction pursuant to Article 1 of the Minister of Finance Regulation No. 40 / PMK.07 / 2006 on Guidelines for the Implementation of the Auction, the auction is a sale of goods which is open to the public at a price quote in writing and / or oral increased or decreased to achieve the highest price preceded by the announcement of the auction.The auction is expected to restore the banks' losses on customer receivables of the debtor. However, changes to the object at auction guarantees that would result in losses for banks, namely the declining price of the auction object. As a result, bank losses due to auction proceeds do not cover the debts that are overdue. Because the auction results do not meet the debt, the bank asks the customer accountability to creditors.Keywords : Implementation-Auction-Bad Credit-Guanrantee

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