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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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PENEGAKAN HUKUM TERHADAP PEKERJA RUMAH TANGGA KORBAN KEKERASAN DALAM RUMAH TANGGA BERDASAR- KAN UNDANG-UNDANG NOMOR 23 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA DI KEPOLISIAN RESOR KOTA PEKANBARU Niki Ardianti; Erdianto '; Dessy Artina
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

Violence in the home (domestic violence) is any act against someone, especially women, misery or suffering physical, sexual, psychological, and / or negligence of household including threat to commit acts, coercion, or deprivation of liberty unlawfully in scope household. The scope of household in Act No. 23 of 2004 on the Elimination of Domestic Violence include: a. Husband, wife, and children; b. People who have a family relationship with the person referred to in paragraph a by blood, marriage, dairy, care, and guardianship, were living in the household; and / or; c. People who are working to assist the household and living in the household. The problem of domestic violence from the beginning until now become a very interesting topic to be discussed in the problems kehidupaan household. Domestic violence against domestic workers occurred in Pekanbaru City Police has increased every year. This was due to several factors that influence so that the law enforcement process in Pekanbaru City Police is still not effective.The purpose of this thesis, namely: First, to determine enforcement against domestic workers as victims of crime in domestic violence in Pekanbaru City Police. Second, to determine the factors causing the lack of law enforcement in criminal domestic violence against domestic workers. This type of research can be classified in this type of sociological research. The research location is Pekanbaru City Police. Source data used are primary data and secondary data. Data collection techniques are interviews, and review of the literature. After the collected data was then analyzed qualitatively using the deductive method of drawing conclusions from things that are common to the things that are special.From the research, there are four factors that influence the process of law enforcement in Pekanbaru City Police. The first factor PKDRT Law enforcement still do not support the crime of domestic violence itself, because almost all domestic violence is considered as a complaint-based offense. Second, the lack of perception of the police in establishing the acts that qualify as felonies or misdemeanors. Third, do not support the means and facilities namely the lack of quality and quantity of personnel Unit PPA City Police Pekanbaru, poor room conditions Unit PPA terms of size, as well as the lack of the budget of the State in the implementation of a post mortem on the victim to support optimal law enforcement in Police Pekanbaru. Fourth, domestic workers are reluctant to give testimony related to the crime of domestic violence that is in nature.Keywords: Enforcement - Law - PRT - Victims - Domestic Violence
PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA ILLEGAL LOGGING DI WILAYAH HUKUM KABUPATEN KAMPAR BERDASARKAN UNDANG-UNDANG NOMOR 18 TAHUN 2013 TENTANG PENCEGAHAN DAN PEMBERANTASAN PERUSAKAN HUTAN ERMA LENA; Erdianto '; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Abstract

Increasing cases of illegal logging, including illegal logging, illegal timber trafficking, encroachment and abuse of authority to permit the use of timber, on a small scale and large scale within an organization. Kampar Regency is one of the areas that have the potential of abundant natural resources, including forests. Basically most people Kampar work as farmers, but the high price of wood and huge market demand for timber, a lot of people who think that the timber business will provide greater profits than on the job as a farmer. so, many people involved in this illegal logging activities. The purpose of this study was to determine law enforcement to the crime of illegal logging In Kampar jurisdiction based on law no. 18 year 2013 concerning the prevention and eradication forest destruction. The results of this study are law enforcement to illegal logging activities in the jurisdiction in Kampar regency Based on Law No. 18 Year 2013 concerning the Prevention and Eradication forest destruction carried out by the police resorts Kampar, investigators civil servants of district forestry services Kampar and national army Indonesia, rangers , the state prosecutor Bangkinang. In enforcing the law, the protection of which is to do with the efforts Pre-emptive, repressive efforts, formed a special team to eradicate illegal logging, because of the high crime of illegal logging in Kampar district.Keywords: Law Enforcement - Illegal Logging
PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN EKSPLOITASI SEKS KOMERSIAL ANAK DI KEPOLISIAN SEKTOR TENAYAN RAYA KOTA PEKANBARU Destanesia, Annisa; Firdaus, Emilda; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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One type of sexual crime that afflicts children is the commercial sexual exploitation of children, children to work as commercial sex workers to benefit as a livelihood. Have been many cases of sexual exploitation of children is happening, but very limited (few) are revealed, this is because most of the children who are victims of tough questioning and tend to shut down (shame).The research objective of this thesis, namely; First, to determine the legal protection of children as victims of commercial sexual exploitation of children in the Police Sector Tenayan Raya Pekanbaru. Second, to determine the constraints in providing legal protection of children as victims of commercial sexual exploitation of children Tenayan Police Sector Raya Pekanbaru. Third, to know the effort in overcoming obstacles in providing legal protection for children as victims of commercial sexual exploitation of children in the Police Sector Tenayan Raya Pekanbaru. This type of research is sociological research, studies show the unity between law and society with the gap between das sollen and das sein.From the research, there are three basic conclusions. First, the legal protection of children as victims of commercial sexual exploitation of children has not been effective, because of the punishment meted out to the perpetrators did not provide a deterrent effect so that these crimes continue to happen until now. Second, the constraints experienced by the Police in providing legal protection, among others, the lack of reports from the public, the victim tough questioning and the unavailability of special detention room of children and women in the Police Sector Tenayan Raya Pekanbaru. Third, efforts to overcome the obstacles in the police, among others, working together with the community to be willing to provide information about the crime that occurred, increasing the number of active police personnel, in collaboration with child protection agencies. Suggestions Author, First, it is expected that the punishment meted out to the perpetrators can provide a deterrent effect so as to reduce the criminal activity of commercial sexual exploitation of children. Secondly, it is expected that the Police Sector Tenayan Raya Pekanbaru can cooperate with society to provide information about the crime that happened. Thirdly, it is expected that the efforts made by the police and Child Protection Institution can run optimally and as expected.Keywords: Legal Protection - Children - Sexual Exploitation Commercial
TINJAUAN YURIDIS TERHADAP PUTUSAN HAKIM DALAM PERKARA TINDAK PIDANA KORUPSI (STUDI KASUS PERKARA NOMOR 21/PID.SUS- TPK/2015/PN.PBR DENGAN PERKARA NOMOR 26/PID.SUS- TPK/2015/PN.PBR) Beauty. M, Conny; Indra, Mexsasai; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Corruption is an act done with the intent to provide an advantage that is not authorized by the rights of others wrongfully using his or her character to gain an advantage for himself or others. Impact of Corruption This may endanger the stability and security of societies, endanger the socio-economic development, and also political, as well as damage to democratic values and morality as slowly deeds is like to be a cultural as well as threats to the ideals of society towards a fair and prosperous. The purpose of this thesis, namely: First, to know the verdict against perpetrators of corruption in Case No. 21 / PID.SUS-TPK / 2015 / PN.PBR Case Number 26 / PID.SUS-TPK / 2015 / PN.PBR , Secondly, To know the basic legal consideration of judges in imposing criminal penalties against perpetrators of corruption in Case No. 21 / PID.SUS-TPK / 2015 / PN.PBR Case Number 26 / PID.SUS-TPK / 2015 / PN.PBR.This type of research used in the study of law is normative legal research, descriptive study, a study that aims to create a picture of the problems clearly and in detail. Source of data used secondary data consists of primary legal materials, secondary law, and tertiary legal materials. Data collection techniques in this study with a literature study method, after the data is collected and analyzed to be deduced. From the results of research and discussion can be concluded that, First, That the verdict against perpetrators of corruption in Case No. 21 / PID.SUS-TPK / 2015 / PN.PBR Case Number 26 / PID.SUS-TPK / 2015 / PN. PBR is still using the mindset of legal positivism and rarely found a judge who follows the way of thinking non-positivistic in deciding the case, wherein the case includes an extraordinary crime which negatively impact our nation and state, tend to interpret the law narrowly (textual) and still oriented judges are pragmatic. Thus, new construction mindset of judges based progressive law is needed judges in the process of deciding the corruption cases in order to become a judge idealistic as well as the realization of the purpose of law and the Law on Corruption. Second, Basic legal considerations of judges in imposing criminal penalties against perpetrators of corruption in Case No. 21 / PID.SUS-TPK / 2015 / PN.PBR Case Number 26 / PID.SUS-TPK / 2015 / PN.PBR by using juridical considerations, considerations of a non juridical and matters aggravating and mitigating matters criminal. In deciding against criminal judges tend to use more of juridical considerations than non juridical considerations.Keywords: Verdict Judge - Crime – Corruption
TINJAUAN TERHADAP BIAYA ADMINISTRASI ATAS PENARIKAN UANG TUNAI OLEH BANK KEPADA NASABAH DI BANK RAKYAT INDONESIA CABANG BALIGE Sirait, Tryavelia; Bachtiar, Maryati; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Article 22 Bank Indonesia Regulation No.16 / 1 / PBI / 2014 on Consumer Protection Payment System Services stipulates that in the provision and / or deposit of rupiah currency as referred to in Article 21, the Operator is prohibited from imposing fees on the consumers. Bank Rakyat Indonesia (BRI) is one of the banks that violates the provisions of Article 22, charging administrative costs to customers when making cash withdrawals through tellers under 5 million rupiah. The purpose of writing this thesis, namely: First, To find out the implementation of administrative charges charged to customers of Bank BRI Balige Branch. Secondly, to find out the reasons of the bank impose administrative costs to customers of Bank BRI Balige Branch. Thirdly, to know sanctions against Banks that violate the PBI rule No.16 / 1 / PBI / 2014 on Consumer Protection Payment System Services. This type of research can be classified in the type of sociological juridical research, 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 Bank BRI Balige Branch. From the results of this study there are three main points that can be concluded. First, BRI imposed a charge of Rp 10,000 when it withdraws Rp. 2.500.000, and costs Rp.7.500 when withdrawing money >Rp. 2.500.000 <Rp. 5.000.000. Second, the reason BRI charges cash withdrawal fees through teller is to educate customers using ATMs, reduce the queue at the bank and also so that the deductions from the bank every month is not in vain. Thirdly, administrative sanctions for banks that violate the provisions of Article 22 have never happened before customers of BRI are not aware of any rules prohibiting the charging of cash withdrawal fees through tellers. Keywords: Administration Fee, Cash Withdrawal, BRI Balige Branch
PERANAN SATUAN KERJA PENGAWASAN SUMBER DAYA KELAUTAN DAN PERIKANAN DALAM PEMBERANTASAN TINDAK PIDANA PERIKANAN DI WILAYAH PENGELOLAAN PERIKANAN KOTA BATAM PROVINSI KEPULAUAN RIAU Permana, Adi; Indra, Mexsasai
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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The term maritime countries to the Republic of Indonesia because the sea area reached 3,257,483 km2, almost two-thirds of the territory of Indonesia is an ocean. This geographical condition underlining the potential for enormous natural in the field of fisheries. Indonesia itself has implemented a regulation of fisheries policy by issuing Law No. 45 of 2009 Juncto Law Number 31 Year 2004 on Fisheries. Currently, the implementation of the management, utilization, and surveillance has not run optimally, due to rampant cases of crimes and violations of fisheries in WPPRI is not only done by Indonesian fishing vessels, but also to foreign fishing vessels. It is a challenge for law enforcement to Batam SATKER PSDKP fisheries. The purpose of this research, First, the role of SATKER Knowing PSDKP in the eradication of the fisheries in the area of fisheries management. Second, On Obstacles SATKER PSDKP in the eradication of the fisheries in the area of fisheries management. Third, to know what efforts were made by SATKER PSDKP in overcoming barriers to the eradication of the fishery. This type of research is a sociological study, where this research look at the correlation between law and society using interviews in PSDKP Base Batam and literature study. From the results of research can be concluded. The first role of SATKER PSDKP in the eradication of fishery namely monitoring, control, surveillance and enforcement including implementation of VMS, published SLO, patrolling, socialization and community development, received the report, verify fishing vessel, and conduct investigations. Second, barriers Satker PSDKP Batam related eradication of fishing among others lack of quality quantity of infrastructure, budget and human resources, the condition of the region broad oversight and erratic weather in the conduct of supervision, lack of public awareness, ineffective coordination between law enforcement fishery and the lack of participation of other countries in the fight against the crime of fisheries. Third, efforts are being made to overcome these barriers is to increase the competence and quantity of personnel and infrastructure, fostering awareness of the law for the public and coordination between law enforcement agencies and by conducting a deterrent effect did the bombing of the ship. Suggestions Author, First SATKER PSDKP Batam City needs to improve oversight and prosecution of all perpetrators of criminal acts. Second, to overcome these obstacles must take steps to improve the performance of accurate internal and coordination. Third, efforts to overcome these barriers should be further enhanced by measures that are more accurate and integrated. Keyword: Role-SATKER PSDKP-Eradiction-Crime Of Fisheries
TINJAUAN YURIDIS KEDUDUKAN KEUANGAN DESA BERDASARKAN UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA Tegar Firmandani; Emilda Firdaus; Abdul Ghafur
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Rural Financial position based on Law Number 6 Year 2014 About Desa use of Article 18B paragraph (2) of the Constitution of the Republic of Indonesia Year 1945 as an legal fundament. But juridical Law Number 6 of 2014 on regulating the village especially problematic because the Financial village of Article 18B paragraph (2) does not regulate the village but set the unity of indigenous people. The arrangement of the traditional village of in accordance with the norms of Article 18B paragraph (2) of the Constitution of the Republic of Indonesia Year 1945. However, the setting of the village of New Order juridisnya questionable validity. The aim of this thesis, namely; First, to find out how the financial position of the village. Secondly, to find out how the ideal form of financial arrangements villages.This research is normative, which made the approach to find the law for a case in concerto. that approach find how to find the relevant facts, then find the law in abstracto the right to object under study. Data sources used include primary, secondary, and tertiary data. Data collection techniques using literature study.From the research, there are two main problems that can be inferred. First Position based Rural Finance Act Number 6 of 2014 Concerning the Village is basically very similar to the concept of State Finance. Second, Act Number 6 of 2014 concerning the village should be in Judicial Review by the Constitutional Court prior to this Law governing the Village of New Order is contrary to the Constitution of the Republic of Indonesia Year 1945, the legal fundament. Suggestions author, First, suggest to the Constitutional Court to annul Article About Financial village. Secondly, the Government and the House of Representatives is expected to create new legislation on the countryside.Key words: Village - Financial Village
Implementasi Peraturan Daerah Nomor 6 Tahun 2013 Tentang Pengelolaan Zakat Terkait Upaya Pengentasan Kemiskinan untuk Mewujudkan Kesejahteraan Masyarakat dan Keadilan Sosial di Kabupaten Siak Indra, Mexsasai; Artina, Dessy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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The problem of poverty in the community remains a major problem facedby the Indonesian people. Of course, various efforts have been made by thegovernment, but have not shown satisfactory results. Likewise with the SiakDistrict Government where in the Regional Regulation of Siak Regency No. 6 of2013 on the Management of Zakat also disputes as addressing the problem ofpoverty. Zakat itself as a mandatory worship of Muslims, as well as the economicequity in a country. Therefore, the introduction of the zakat mechanism is neededas an alternative approach to solving the problem of poverty.Government based on Presidential Decree Number 8 Year 2001establishes National Amil Zakat Body or abbreviated BAZNas is the only officialzakat amil institution which has the task of collecting and distributing zakat, infak,and alms (ZIS) at national level. The purpose of the establishment of BAZNas isfor zakat to be well managed, centralized, and right on target. The performance ofBAZNas should be evaluated whether or not the agency is in poverty alleviation.BAZNas has a variety of programs that are expected to provide a solution toreduce poverty in Indonesia, so the government to hold BAZNas in every regionand region.This research is in the form of field research by looking at correlationbetween Regional Regulation of Siak Regency Number 6 Year 2013 AboutManagement of Zakat with Amil Zakat Agency of Nasiolal of Siak Regency asthe driving force of the Regional Regulation in zakat management, with the objectof research is the problem of poverty in Siak District. The results of this studyshow the role of BAZNas in running the Regional Regulation in povertyalleviation does exist, but not yet significant. In realization, the programowned by BAZNas can be said passive. The BAZNas program is not wellimplemented due to lack of personnel and government attention. YetBAZNas is an amil zakat institution established by the government itself asthe management of zakat for poverty alleviation.Keywords: Zakat Management, Poverty Reduction, Community Welfare
KEKUATAN HUKUM ALAT BUKTI ELEKTRONIK DALAM PERUSAKAN HUTAN BERDASARKAN UNDANG-UNDANG NOMOR 18 TAHUN 2013 TENTANG PENCEGAHAN PEMBERANTASAN PERUSAKAN HUTAN DALAM PEMBUKTIAN DI PERSIDANGAN ', Yulastri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Environmental crime happened a long time and occurs every year in Indonesia. Efforts to deal with forest destruction has actually been carried out, but it is not effective and have not shown optimal results. This was partly due to the legislation that is not explicitly criminalize forest destruction is done in an organized manner. Therefore, the necessary legal protection in the form of legislation that organized the destruction of forests can be managed effectively and efficiently and providing a deterrent effect to the perpetrators. regulation of electronic evidence in the destruction of the woods yet firmness and not run well. Because of the Code of Criminal Procedure has not explicitly regulate the electronic evidence is valid, although the development of legislation after KIitab Law on Criminal Procedure Law indicates the integrity to manage electronic evidence.The purpose of this study to find out the settings of the power of the law of electronic evidence and the legal electronic evidence in forest destruction in accordance with Law No. 18 Year 2013 on the Prevention and Eradication of forest destruction in evidence during the trial.Electronic evidence can be regarded as an extension of letters or instructions, which is the legal evidence can be presented in court and the judge satelah perform legal discovery and stated that electronic evidence is valid evidence and legally defensible and have legal force as evidence.Crime forest destruction that increasingly sophisticated. Law enforcement and the community in order to balance the sophistication of the crime. Or law enforcement agencies in charge of prevention and eradication of forests in order to further jelih to prove the criminal destruction of forests such as monitoring or prevention of the destruction of forests by using a faster technology to determine the occurrence of a crime of forest destruction.Keywords: Evidence-Electronic-Forest Destruction of Evidence At Trial.
Tinjauan Yuridis Pengawasan Keimigrasian Terhadap Imigran Ilegal Di Kota Pekanbaru Nurainun &#039;; Emilda Firdaus; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Refugee is a stranger who has no valid travel documents, Thus violating the provisions of Law Number 6 of 2011 on immigration. Further guidelines for refugees from other countries in Indonesia are not in accordance with the provisions of the law can be found in article 2 paragraph (1) The Director General of the Immigration Service Regulation Number IMI.1489.UM.08.05 of 2010 on the treatment of illegal immigrants is currently known in Indonesia imposed measures immigration. So that, Immigrants originating from these countries should be checked so that no things that are not desirable and feared can harm themselves and the local community. The research purpose of this dissertation, namely: First, to determine the immigration surveillance against illegal immigrants in Pekanbaru City. Second, to know what is the limiting factor in combating illegal immigrants in Pekanbaru City. Third, to find out what efforts can be made to keep an eye on illegal immigrants in Pekanbaru City.This type of research is a sociological or empirical research is the research in the field, This research was conducted at Immigration Office Class I Pekanbaru and RUDENIM Pekanbaru City. While the population and sample are all parties related to the problem studied in this study.The data sources used, the primary data, secondary data and data tertiary data collection techniques in this study were interviews, Questionnaire and literature study.The research has three key conclusions. First, Immigration control of legal immigrants in Pekanbaru City by the First Class Immigration Office of Pekanbaru has been under way, But the supervision of immigration in the field and the existence and activities of immigrants in the work area of the First Class Immigration Office of Pekanbaru still not effective. Second, The inhibiting factor in the supervision of illegal immigrants in Pekanbaru City is that there are internal factors and external factors. Third, Efforts that can be done to supervise illegal immigrants in Pekanbaru City such as forming a team of supervision and action of immigration, Forming an immigration security team, placing it into temporary shelter in immigration detention rooms and looking for translators. advies auteur, first, In order for the supervision to run, Then it can increase the quantity of Human Resources. Second, To UNHCR as an international patron who guarantees the honor of basic rights for refugees, Including the right as an asylum seeker to immediately follow up the illegal refugee status to Pekanbaru for immediate determination of its status or to deportation to a third country or to the country of origin of the immigrant if it is deemed safe. Third, Create checkpoints at certain locations and provide identifiers that are easily marked by the public that the foreigner is an illegal immigrant.Keywords: Control-Immigration-Illegal Immigrants

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