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INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 2,579 Documents
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PROBLEMATIKA KEWENANGAN PENUNTUTAN ANTARA KEJAKSAAN DAN KOMISI PEMBERANTASAN KORUPSI DIKAITKAN DENGAN SISTEM PERADILAN PIDANA Ginting, Jonta; ', Erdianto; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Corruption is one of the most fundamental constraints experienced by theIndonesian state. Prosecution of corruption committed by these two institutionsoften make it difficult for law enforcement efforts against corruption. Because it isnot clearly regulated the authority limits both institutions. As well as the unclearposition of the Commission in the Criminal Justice System Indonesia,. Thepurpose of this thesis, namely: First, to know the problems of prosecutorialpowers between the Prosecutor and the Corruption Eradication Commissionassociated with the criminal justice system. Secondly, To know the authority of theCorruption Eradication Commission in the prosecution of corruption associatedwith the criminal justice system. Third, to determine the position Prosecutor andCorruption Eradication Commission in corruption associated with the criminaljustice system.This type of research can be classified into types of normative juridicalresearch, because in this study the authors conducted a study of the legislation onthe subject under study. In this study the source of the data used primary data,secondary data, and the data tertiary data collection techniques in this research isthe study of literature.From this research, there are three main conclusions. First, thereoverlapping authority and conflicts of interest between the Prosecutor and theCorruption Eradication Commission. Secondly, the Corruption EradicationCommission is authorized to prosecute corruption cases. Third, that theProsecutor and the Corruption Eradication Commission has not been clearlyregulated and the position in the Indonesian criminal justice system,Suggestions writer, first, that need to be regulated in the Act regardinglimitation prosecutorial powers between the Prosecutor and the CorruptionEradication Commission. Second, that the eradication of corruption, especially inthe field of prosecution Anticorruption Commission is authorized to conduct theprosecution as stipulated in Law Number 30 of 2002, Three, that needs to beclearly on the positions of the Prosecutor and the Anticorruption commission inthe criminal justice system of Indonesia, so as not to cause a variety of problemsand in the prosecution of corruption.Keywords: Prosecution, Corruption, Prosecutor, Corruption EradicationCommission
INJAUAN YURIDIS TERHADAP WANPRESTASI PADA ASURANSI DI PT. ASURANSI TAKAFUL KELUARGA (STUDI PERKARA NO. 107/Pdt.G/2013/PN.Mdn) Redha Rahayu; Mardalena Hanifah; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Human life, consciously or not definitely at risk. Risk can come from a variety of things that are not expected, but from a possibility. It's just, how much risk would be faced by the person concerned, is very dependent on the activities undertaken. To cope with possible risks that can threaten at any time, where the risk can cause losses. Thus the role of non-bank financial institution insurance is needed. Insurance is divided into two konvensioanal insurance and Takaful. Insurance field problems are found, not only in conventional-based insurance namaun also in syariah-based insurance. As is the case between Bank Bukopin and Family Takaful Insurance Case Number 107/PDT.G/ 013/ PN.Mdn of default.The purpose of this paper is: first, to know the basic consideration of the judge in deciding case Number 107/PDT.G/2013/PN.Mdn. second, to determine the judge's decision No. 10/ PDT.G/ 2013/ PN.Mdn already meets the principles of legal certainty in determining the rights and obligations of the parties to the insurance agreement.This type of research can be classified into types of normative juridical research, because this research done through the written data by examining the literature data, the data source used, primary data and data tertiary secondary data, data collection techniques in this research with the literature method.From the research there are fundamental problems that can not pay the takaful insurance disimpulkan.pihak kopensasi fund insurance claims by Bank Bukopin. And also the evidence submitted was not examined because the court only ruled that the plaintiffs did not have legal standing to another investigation was not carried out. Because of the rights of the claimant or insurance clients are not met.Keywords: Overview - Default – PT. Insurance Takaful
PELAKSANAAN HAK KESELAMATAN DAN KESEHATAN KERJA KARYAWAN PABRIK KELAPA SAWIT PT. PERKEBUNAN NUSANTARA V SEI GARO DI KABUPATEN KAMPAR BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN Arif Chandra Saragih; Firdaus '; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Workers are the sole responsibility of the company. Entrepreneurs are people who run the company, which is managing the company, better manage yourself, manage or through another person or the help of others, and employers may be an individual or legal entity. Safety is a program created for the workers / laborers and employers in an effort to prevent the occurrence of occupational accidents and diseases caused by working relations in the work environment by identifying the things that potentially cause accidents. The high number of accidents showed adequate management of the company in the implementation of the safety and health of workers. So, to reduce the number of accidents, it is considered very necessary to have legal protection against any employee or employment under the legislation. Especially employees working in the factory and factory workers who work at night are certainly at risk of work accidents is higher and nutrient intake or pudding is better than the employees who work in the office and other field.This type of research can be classified in this type of sociological juridical research, because this research author directly conduct research on the location or point examined in order to provide a complete and clear picture of the issues examined. This research was conducted at PT. Perkebunan Nusantara V Sei Garo Kampar, while the sample population is a whole party with regard to the problems examined, the data source used, primary data, secondary data and data tertiary, data collection techniques in this study with interviews and literature study.From the research of this problem has three main things that can be inferred. First, the implementation of occupational safety and health of employees mills in PT. Perkebunan Nusantara V Sei Garo has not done well and have not been efficient. Second, obstacles to the implementation of the safety of employees mills in PT. Perkebunan Nusantara V Sei Garo is the lack of human resources, lack of personal protective equipment, work locations that are less clean and a lack of understanding and awareness of the employees themselves. Third, efforts to do that is to provide competent human resources, provide personal protective equipment, maintain the cleanliness of the work site and provide extra fooding.Keywords: Implementation - Safety and Health - Employee
PENYIDIKAN TINDAK PIDANA PENIPUAN WARKAT BANK BERUPA CEK KOSONG DI KEPOLISIAN DAERAH RIAU Sepria Amnur; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Abstract

The use of checks as a means of payment in Indonesia, especially Riau Province still often cause problems, especially about the blank checks that cause harm to the recipient. Issuance of a blank check is qualified as a criminal act of banknote fraud in the form of a blank check, as provided for in Article 378 of the Criminal Code. Marakya bank crime crime in the form of blank checks that occurred in Riau Province is inseparable from the investigation process that has not been optimal. Investigations that have not been optimal in law enforcement of bank criminal acts in the form of blank checks in the Riau Regional Police cause not materialized legal certainty. Therefore, the investigation of banknotes crime in the form of blank checks by the Riau Police Investigators should be optimized in order to realize legal certainty. The purpose of writing this thesis, namely: First, To find out the investigation of criminal acts fraudulent bank in the form of blank checks in the Riau Regional Police. Secondly, to find out whether the proof of criminal act of bank warning fraud in the form of blank checks in Riau Regional Police requires expert information. This type of research can be categorized in the type of sociological research. The research location is Riau Regional Police. Sources of data used are primary data and secondary data. Data collection techniques are interviews and literature studies using deductive methods that draw conclusions from things that are general to things that are special. From the result of the research, there are two main points that can be concluded. Firstly, the investigation of criminal act of bank warning fraud in the form of blank checks at Riau Regional Police has not been optimally proven by the high number of fraud checks and the delay or unfinished professional and proportional investigation process, The lack of optimal investigation due to obstacles, including limited investigation personnel, lack of operational budgets, lack of expert investigators in handling cases of fraud checks, geographical circumstances with the potential for occurrence of crime and minimal witnesses. Secondly, the information of legal experts in the proof of criminal acts of bank warning fraud in the form of blank checks at the Riau Regional Police is still needed in supporting the investigation process due to the lack of evidence ie the minimal witnesses and the lack of expert police in handling the case of the crime of blank check. The effort to overcome the obstacle of investigation of criminal acts of bank fraud in the form of blank checks in Riau Regional Police is to make strict action against every crime that happened, build partnership with other institution (stakeholder) especially banking party and also need the increase of number of investigator personnel, Enhancement of investigator capability through special training in banking. Keywords: Investigation - Fraud Crime - Bank Clips in the Form of Empty Check
Berakhirnya Memorandum of Understanding Antara Pemerintah Indonesia dan Malaysia Tahun 2006 Tentang Domestic Workers Menurut Konvensi Wina 1969 Eno Prasetiawan; Mexsasai Indra; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Abstract

The Government of Indonesia and Malaysia made an International treaty in the form of a Memorandum of Understanding (MoU) on Domestic Workers or about the recruitment and placement of Indonesian migrant Workers (TKI), especially domestic helpers (Housemaid) or so-called female workers informal sector in Malaysia in 2006 applicable 5 years. In practice, in 2009 Indonesia suspend implementation of the agreement to a moratorium on sending migrant workers to Malaysia for reasons of torture cases migrant workers in Malaysia. Furthermore, the MoU was amended in 2011 to change some settings on legal protection for migrant workers in Malaysia. As known in international law which applies the principle of pacta sunt servanda, where the agreement was binding and enforceable as a law for the parties.The problems posed in this paper is about the termination of the MoU Indonesia and Malaysia in point of view of the Vienna Convention 1969 and Indonesian Act No. 24 of 2000 about International Treaties, legal protection for workers contained in the MoU, and legal protection for workers after the expiry of the MoU. This research is a normative study, which examines the legal principle.From this research, it can be seen a few things. First, that the expiry of the MoU and amendment procedures are actually the MoU is in conformity with the agreement of the parties as to which is set also in the Vienna Convention of 1969 and Indonesian Act No. 24 of 2000 on International Treaties. Second, the legal protection for workers contained in the MoU is weak, because the MoU is set to a technical recruitment and placement of migrant workers and not paying attention more specifically on the protection of Indonesian migrant workers in Malaysia. Third, after the amendment of the MoU there are some changes for the better, but still not able to reach better legal protection for Indonesian domestic workers.Keywords: termination of the agreement, MoU, Indonesian Workers Protection Law.
PERLINDUNGAN HUKUM TERHADAP HAK TENAGA KERJA WANITA DI PT. BEKA ENGINEERING PANGKALAN KERINCI BILL CLINTON; Rika Lestari; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Abstract

Women workers are given privilege of rights over men because women are undergoing reproductive functions that are not owned by men. Menstruation, pregnancy, childbirth, abortion and breast-feeding are the nature of women that have been given by God Almighty. Therefore, special protection to women are needed , so that the productivity in the workplace and at home is spirited. But in reality at PT. Beka Engineering Pangkalan Kerinci, the rights of women workers are still being ignored by the company. The objective of this thesis was to find out; First ,The legal protection of the rights of women workers, second, The factors inhibiting the legal protection of the rights of women workers.This research was juridical sociological that used the correlation between law and society. This research was conducted at PT. Beka Engineering Pangkalan Kerinci, the population and sample of this research was whole side regarding to the issues in this study, the data were primary, secondary , and tertiary data. The techniques of collection data were interviews, research library, and questionnaires.There were two main things that can be concluded . First, the legal protection of woman workers at PT Beka engineering pangkalan kerinci is still not running well, such the right of freight shuttle, properly bathroom facilities/ wc, nutritious foods and drinks, maternity leave, menstrual leave, decent wage. It started because of the wowen workers themselves didn’t know their rights. It affected they didn’t get the right they should get because they were ignore by their company. Second, the obstacles to granting the rights of women workers of PT. Beka Engineering Pangkalan Kerinci are the lack of budget funds to fulfill the rights, the company’s lack awareness, company’s habit, the motivation of income, the lack of supervision and socialization of labor offices and transmigration, the lack of sanctions’ enforcement as well as the lack of workers’ knowledge themselves about the rights that should be obtained.Keywords: protection of rights - female worker - PT.Beka Engineering
TANGGUNG JAWAB MEDIA CETAK DALAM MEMUAT BERITA YANG SALAH DI PT.RIAUPOS PEKANBARU PERSPEKTIF HUKUM PERDATA Bella Nabila; Firdaus '; Dasrol '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Abstract

Mass media is the delivery of information and communications delivered through intermediaries (media) to the general public. Mass media that is now used by the public form more diverse, one of which is the print media. In the civilization of mankind, newspapers are the oldest print mass media. A newspaper is a printed medium that contains news published every day. Newspapers are always required to reveal the truth of the news in fairness. In addition to fair reporting demands, newspapers are also required to do accurate news, which should not lie. Newspapers should always develop objective news. The information must also be balanced and fair in order that the published news does not harm the other side. But in fact, journalists could have stumbled over a case of misinformation and then it would cause harm to others. If any party feels aggrieved then a lawsuit can be executed. Therefore it is necessary to demand the responsibility of the media where the journalist works. The problems that will be discussed in this thesis is how the form of accountability of print media when loading the wrong news in the perspective of civil law.This type of research is sociological, because in this study the authors directly conduct research on the location or place studied in order to provide a complete and clear picture of the problem under study. This research was conducted at PT. Riau Pos Pekanbaru, while the population and the sample is the whole party related to the problem studied in this research, data source used, primary data, secondary data and tertiary data, data collection techniques in this study with interviews, questionnaires and literature study.From the result of the research, it can be concluded that based on Article 1365 of the Civil Code, those who feel disadvantaged over the wrong report are entitled to accountability. The print media shall perform its duty to be responsible for correcting or corrupting any wrong reporting in accordance with Article 1 Sub-Article 13 of the Correction Duty. The form of media accountability in the perspective of civil law is through the use of the right of reply or clarification of the news, through press councils, through courts or indemnities, and boycotting press companies.Keywords: Responsibility - Mass Media - Newspaper - Wrong News
PENEGAKAN HUKUM PIDANA TERHADAP PEREMPUAN DARI TINDAK PIDANA PERDAGANGAN MANUSIA DI KECAMATAN TENAYAN RAYA Rendy Rio Pratama; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Abstract

Human trafficking is a crime that is extraordinary, because impact of human trafficking on the victim and the darting of an environmental bad about. Governments find it difficult to handle the cases of human trafficking, because the perpetrators of the actors using various modes in carrying out the action. in District Tenayan Kingdom trade in human beings handling legal cases less effective, karana in some villages are still many open nightclubs and the localization of the localization tends to occur crime of trafficking in women under age.This type of research to be conducted sociological research that want to see the correlation between law and society, so as to reveal the effectiveness of the rule of law in society. This study bersifatdeskriptif which the author tries to give an idea of the reality of the complete, detailed, and clear about the issues examined. The conclusions that can be drawn from the enforcement of criminal law in the legal protection of women from the crime of trafficking in women in the Police Sector Tenayan Kingdom has not run as it should be proven because their public reports of trafficking cases was revealed.If people do not report these cases may be the case is still going on until today. Factors pengahambat the Police Sector Tenayan Kingdom in enforcing the law against women from the crime of human trafficking victims are just tough questioning. As well as the extent of the districts Tenayan Kingdom who make less than the maximum performance of the police, so that the public report is needed. An attempt by the Police Sector Tenayan Kingdom in addressing cases of human trafficking in the village Maridan District of Tenyan Kingdom improve relations with Waraga living in the border region of Pekanbaru Regency Siak because they in coastal areas are common crimes and dikarnakan them away from the Police Sector Tenayan Kingdom so that people do not want to know the crimes that occur in their territory.Keywords: Law Enforcement - Crime - Human Trafficking
PEMBATASAN HAK PILIH TENTARA NASIONAL INDONESIA DAN KEPOLISIAN NEGARA REPUBLIK INDONESIA DALAM PEMILIHAN UMUM DI INDONESIA Alfianim '; Dodi Haryono; Abdul Ghafur
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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In this reformation era, there were discourses on the recovery of the right to vote for members of the Indonesian National Army (TNI) and Indonesian National Police (Polri) in the General Election. The desire of the recovery based on the development process of democratization that puts the right to vote as a fundamental right that can't be criss / violated by the State. The purpose of this essay, that is ; First, How is the restrictions adjustment on suffrage to select the Armed Forces of Indonesia and the Indonesian National Police in the General Election in Indonesia. second, whether the setting restrictions on the right to select the Armed Forces of Indonesia and the Indonesian National Police in Law Number 42 Year 2008 on General Election of President and Vice President of the draft Law Number 8 Year 2012 on General Election of members of the House of Representatives, Regional Representatives Council, and Regional House of Representatives in accordance with the Constitution of the Republic of Indonesia Year 1945, Third, How does the ideal setting suffrage Indonesian Armed Forces and the State Police Republic of Indonesia in the General Election in Indonesia. This type of research is a can be classified in this type of study Law Normative Law research, law research literature by researching legal principles. From the research results there are three main issues that can be inferred. First, the power settings on three periods of decline. In the Orde Lama, the armed forces and the police were given the right to vote in the election. In the Orde Baru, the Armed Forces are not given the right to choose, but the presence of the ABRI in the political sphere are specifically regulated through the mechanism of appointment in legislative institution. Whereas in the Reform Era, the right to vote and to vote for members of the military and police removed so that the military and police only carry out the task of the State without political rights inherent in the institution. Second, setting restrictions on the military and police suffrage in the election correspond with the Constitution of the Republic of Indonesia Year 1945. But the problem is the development of a democratic society in Indonesia has led to political consolidation in terms of providing same privilege for every citizen. Third, ideally right to choose the military and police in the election is a recognition of the right to vote the military and police as part of the protection of the human rights, strengthen democracy through voting rights of TNI and Polri, changes in regulations related to the protection of the right to choose the military and police.Keywords :Suffrage-TNI and POLRI-General Election
PENEGAKAN HUKUM OLEH KEPOLISIAN DALAM TINDAK PIDANA PENCURIAN DENGAN KEKERASAN DI KEPOLISIAN RESOR INDRAGIRI HILIR Zulham Daris Firidho; Erdianto Effendi; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Abstract

Theft with violence in Indragiri Hilir often happens because of the population growth is increasingly growing, so as to create conditions of population growth affect the socio-economic conditions of society, especially relating the fulfillment of the necessities of life and employment field. Theft with violence occurred in 2013 and 2015 amounted to 67 cases successfully handled by Police Indragiri Hilir, the number was certainly very much and very harm the victim.This type of research is classified as socio-juridical research, because this research author directly conduct research on the location or point examined in order to provide a complete and clear picture of the issues examined. This research was conducted at the Police Indragiri Hilir, while the sample population is a whole party with regard to the issues examined in this study, the data source used, primary data, secondary data, and the data tertiary, data collection techniques in this study carried out by interviews, questionnaires, and literature study.The research problems are, among others: first, What factors encourage the offender committed the crime of theft with violence in the Police Resort Indragiri Hilir, second, What forms of preventive efforts undertaken by the investigator Police Resort Indragiri Hilir the criminal case of theft with violence, third , What efforts should be made by the investigator to conduct repressive efforts against the criminal cases of theft with violence in Indragiri Hilir. Results of the study are: first, the cause of the crime of theft with violence actually originated from the education factor, everything in an instant though in a way that is not true of society whose economy is down to the middle tend to commit the crime of theft with violence, the second, preventive efforts Police Indragiri downstream of the criminal case of theft with violence, among others; Conducting Kring Serse in order mastery region, narrowing the motion offenders in particular theft with violence, early detection of the perpetrators of crimes of theft with violence by gathering as much information crimes including theft with violence and syndicate groups, third, repressive efforts against cases of crime of theft with violence in Indragiri Hilir to take action against the perpetrators in accordance with the deeds and fix it back so that they are aware that the act of doing was a violation of law and detrimental to the public, so as not to repeat it and others will not do so given the sanctions that bear a very heavy.Keywords: Law Enforcement - Crime - Curas

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