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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 TERHADAP PERTIMBANGAN HAKIM DALAM PEMIDANAAN TINDAK PIDANA NARKOTIKA YANG DIPUTUS MINIMUM KHUSUS DIKAITKAN DENGAN PARADIGMA POSITIVISME HUKUM (Studi Kasus Beberapa Putusan Hakim dalam Perkara Tindak Pidana Narkotika di Pengadilan Negeri Pekanbaru ) Rani Juwita; Mexsasai Indra; Erdiansyah '
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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The judges' verdict criminal cases narcotics in the sentenced criminal special minimum District Court Pekanbaru background research , narcotics in violation of Law No. 35 Year 2009 on Narcotics , judges convict to the minimum penalty specifically with Article 127 paragraph ( 1 ) letter a is 2 years in prison . The judge gives a decision against the defendant narcotic crime away from the threat of the minimum set by law . In this case the judges tend to think in terms of moral judgment and is based with factual evidence or rational argument . Not like the flow of legal positivism . Where the flow of legal positivism is a way of thinking that is just under the Act . From the research problem there are two things that can be inferred . First, the verdict is essentially a work of finding the law , which stipulates what should be according to the law in any event concerning life in a state of law . If it is associated with Positivism Legal positivism where the essence of the law is that the law is a command. At the time of this verdict the judge considered to be true because it is still in accordance with the legislation . Second, the imposition of a special minimum punishment in sentencing purposes deemed not appropriate . Because of the special minimum criminal punishment only see things any mitigating for the accused and it is enough to provide justice for defendants not to provide a deterrent effect or retaliation against crimes that have been committed by the perpetrator.Keywords : Basic Considerations - Judge - Narcotics - Minimum Special Criminal - Legal Positivism
Penyidikan Tindak Pidana Pungutan Liar Pemasangan Listrik Di Kejaksaan Negeri Taluk Kuantan Setiawan, Eko Wira; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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One of the most crime that is worst between the other crimes that happen is extortion.Just like the other crimes, extortion is crimes againts legal norms that should be interpreted asan acts that harms the victim. The problem is personal procurement personnel prosecutor asinvestigator of extortion crime limited due to knowing at an early stage about some criminalact. This matters cannot be left out without any legal settlement of such a crime. Thereforeany criminal efforts committed by anyone must be dealt firmly irrespective of status.The problem in this research is 1) How is the investigation of criminal extortionelectrical installation in The State Judiciary of Taluk Kuantan? 2) What is the problems ininvestigation of criminal extortion electrical installation in The State Judiciary of TalukKuantan? 3) How the effort made to overcoming the problems of the investigation of criminalextortion in The State Judiciary of Taluk Kuantan? The research method in this research issociological. The location of this research is done in the state Judiciary’s jurisdiction of TalukKuantan. The population in this study is the head of Intelligence of The State Judiciary ofTaluk Kuantan, The State Judiciary’s investigator of Taluk Kuantan, and victims of criminalextortion electrical installation. The data source nature of this study are primary andsecondary data sources with data collection techniques such as interviews, review of theliterature. The data obtained will be analyzed using qualitative methods.Overview common in this study is an overview of a crime, an overview of theinvestigation and an overview of extortion . An overview of the crime of discussing thenotion of crime, the elements of a criminal offense . An overview of the investigation todiscuss the duties and authority of the investigator, efforts in the investigation . An overviewof extortion discuss the notion of extortion, criminal extortion provisions , criminal andconviction of the crime of extortion.Investigation of criminal extortion electrical installation by The State Jusdiciary ofTaluk Kuantan there are obstacles that proved some cases handled by investigators halted dueto incomplete evidence. Obstacles in the criminal investigation of extortion by The StateJudiciary of Taluk Kuantan is the lack of quantity and quality of personnel in Riau Police SubDirectorate II Special Criminal Investigation Directorate, facilities are inadequate for TheState Judiciary of Taluk Kuantan, lack of participation and of the public in any jurisdiction inThe State Judiciary of Taluk Kuantan. Attempts by investigators in overcoming the problemsfaced by investigators of criminal extortion electrical installation by The State Judiciary ofTaluk Kuantan is preventive, repressive, and Increase participantion communities in TheState Judiciary of Taluk Kuantan jurisdiction.Keywords : Investigation - Crime – Extortion- Judiciary
PELANGGARAN PENGATURAN PRINSIP MIRANDA RULE DALAM HUKUM ACARA PIDANA INDONESIA SITORUS, FINTA RIRIS; ', Erdianto; Diana, Ledy
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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Miranda Rule is a rule to manage about the suspect rights before investigation by police. Miranda rule consist from the right to silence, because everything what the suspect said can damning in court. The right to get the lawyer to defend the suspect right, and if the suspect not competent, so the suspect can get the lawyer by the government. But, in fact the suspect never directly get notified about the right and the police looks like ignore the suspect rights especially the rights to silence.In this case, related to violation principle of miranda rule in Indonesia criminal justice system, the effect violation principle of miranda rule and prevention principle of miranda rule. The purpose of this thesis, First, violation principle of miranda rule in Indonesia criminal justice system and the effect to the violation principle of miranda rule. Second, the prevention principle of miranda rule in Indonesia criminal justice system. The type of this research be classified as normative research, because this research review the violation principle of miranda rule based on the applicable regulation. The data based on secondary data, and the collecting data technical in this research consist of library research study case.There are two main idea can be resumed. First, there are many violation principle of miranda rule from investigation until to the court. This rule always broke by investigator and prosecutor that effect the arresting is illegal and the investigation announcement not to be valid. So, prosecution process can not be accept, include the accusation because it was arrange by the invalid investigation announcement. It means the suspect must be released from the prison. Second, the prevention violation principle of miranda rule can be minimize by maximize the human resources quality in principle of miranda rule establishment so the police can understanding how to implementation principle of miranda rule in fact. The author suggestion, First, there are need to explain the principle of miranda rule in Indonesi criminal justice system and other rule, and giving a strict sanctions for everything violation principle o miranda rule. Second, there are need to maximize the profesional of law agency by maximize the education quality, especially for founding and training in law aspect.Keywords: Miranda Rule, The Right to Silence, Criminal Justice System
Pelaksanaan Pemutusan Hubungan Kerja (PHK) pada Yayasan Kesatuan Pendidikan Islam (YKPI) Al-Ittihad Berdasarkan Undang-Undang Nomor 13 Tahun 2003 tentang Ketenagakerjaan Efisa, Shindy; Bachtiar, Maryati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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The issue of the termination of employment relationships is an event which is not expected occurrence,therefore all parties involved in industrial relations (workers/employers, workers, unions/trade unions, andGovernment), with all the efforts should be organised so that it never happens to termination of employment. Inthe implementation of the termination of employment relationship employers must comply with and obey allregulations concerning employment that had been arranged by the Government, namely Act No. 13 of 2003 onLabor. The purpose of this study: first, know the termination work done Islamic Education Foundation of Unity(YKPI) Al-Ittihad complies or not with the regulations. Second, know the effort it can be done by workers whoare subject to termination of the working relationship. This type of research can be classified into types ofsociological research, because the author directly doing research on the location of the examined, in order togive a complete and clear picture of the problems examined. This research was conducted at the Foundation ofthe unity of Islamic education (YKPI) Al-Ittihad. Populations and samples in this study is a whole party thatdeals with issues that are examined. The source of the data in the study was obtained from primary data,secondary data, and tertiary data. Data collection techniques in the research interviews and study library.This type of research is classified into types of sociological research, because of the direct writers doingresearch on the locations studied, in order to provide a complete and clear picture of the issues examined. Thisresearch was conducted at the Foundation for Islamic Education Unit (YKPI) Al-Ittihad. Population andsample in this research is the overall party related to the problems examined. Sources of data in this study wereobtained from the primary data, secondary data, and the data tertiary. Data collection techniques in thisresearch is interview and literature study. Analysis of the data used is qualitative analysis and conclusions withdeductive thinking.From the results of the research can be concluded. First, the Foundation does not run theFoundation's regulations and does not perform the termination of the working relationship in accordance withthe rules of existing legislation, namely Act No. 13 of 2003 on Labor. Secondly, the case of the termination ofthe working relationship by the unity of Islamic education (YKPI) Al-Ittihad against Faizah Fahmi finishedthird and mediation the present Faizah Fahmi is entitled to severance money, 2 x money Awards workingperiod and the replacement of other rights money. First, the author's suggestion, it should be if the Foundationof the unity of Islamic education (YKPI) Al-Ittihad wanted to do termination of work (PHK) should be bound byemployment law and rules her Foundation. Second, the parties should have the Foundation employs backFaizah Fahmi because of the termination of such employment relationship simply because of the attitude ofFaizah Fahmi. There is no reason that a damning and harmful elements of the Foundation.Keywords: Foundation - Work relationship - Work Termination
PERBANDINGAN HUKUM GADAI SYARIAH DENGAN GADAI KONVENSIONAL PADA PT. PEGADAIAN PEKANBARU SITI SUHAINA; Mardalena Hanifah; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Pawn is an insurance agency that has been very well known and in public life, in an attempt to obtain funds to share the needs of legal transactions pawn in Islamic jurisprudence called ar-Rahn. Arrahn is an agreement to hold an item as a dependent on debt and the lien conventional and syariah pawn has similarities and differences in the application of the concept of the pawn.In this study, the problem is how differences in syariah pawn agreement with the conventional mortgage and how equality in Islamic pawn contract conventional mortgage. Based on the research results, the equation contract pawn Islamic and pawn conventional mortgage, namely: the pawn is a guarantee that a person can pay its debts and if it fails to fulfill the rights of creditors to take payment of the object guarantees, the subject of the pledge is the recipient pledge and the pledgor, goods pawned both in terms of pawn islamic and conventional mortgage is not taken advantage, the recipient pawn has the right to sell the goods as collateral if the debt is not able to repay their debts, and shall keep and maintain the goods as collateral, and the pledgor is entitled to receive the remainder of the results of execution and required to settle the obligation. While differences in syariah and conventional mortgage lien, namely in terms of the legal basis where sharia lien based on the Qur'an, Hadith, consensus, and the MUI Fatwa, while pawn konvensioal by the Civil Code, conventional mortgage agreement only 1 (one) while at Rahn ( sharia), 2 (two) contract, fixing a day on conventional mortgage is determined per 15 days while at rahn (sharia) is determined per 10 day period in the conventional mortgage up to 3 months while on rahn (sharia) based on the calculation that there is, in the case taking the money from the auction of the lien, if within one year not taken the rest of the money is executed then becomes property of the pawnshop while in rahn if the remaining money from the auction results are not taken then it will be submitted to the Agency Amil Zakat (BAZ), the estimated goods in pawn sharia greater than estimated in the conventional mortgage, the decision marhun on syariah pawn directly come on the appointed day, while on a conventional mortgage should contact the cashier one day prior to the decision.Keywords: Comparison of Islamic Pawn - Pawn Conventional - PT. pawnshop Pekanbaru
PENYELIDIKAN TINDAK PIDANA TERHADAP KASUS MASSA YANG MENGHAKIMI ORANG YANG DIDUGA MELAKUKAN TINDAK PIDANA PENCURIAN YANG MENGAKIBATKAN KEMATIAN (STUDI KASUS PENCURIAN DI SWALAYAN ALFAMART JALAN KUANTAN RAYA KECAMATAN LIMAPULUH) Jordan Nathanael Saragih; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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The development of the era in the life of society in a region will always be accompanied by the increase of various criminal acts that occurred in the region, this also happens in the jurisdiction of the Police Sector Tenayan Raya where there is a mass problem that judges the person allegedly committing criminal act of theft resulting in death (case study of theft at the Alfamart Alfamart Street Kuantan Raya District Limapuluh) that occurred in 2016, but in 2017 a mass case that judges a person suspected of committing the crime of burglary that resulted in the death has not been resolved completely and is still under investigation by the police.In the investigation conducted by the Police Sector Tenayan Raya on mass cases that judge people suspected of committing the act of theft resulting in death (case study theft in Alfama Street Alfamart Jalan Kuantan Raya District Limapuluh) experienced bebagai kind of kedala or inhibiting factors in the investigation of one of the lack The source of information in the community around the place of the occurrence of vigilante action does not know the occurrence of such vigilante acts. Therefore, the investigation of criminal acts against mass cases that judge people suspected of committing criminal acts of theft resulting in death (the case of theft in Alfamart Street Kuantan Raya District Limapuluh) has not been resolved thoroughly.From the results of research problems encountered by the Police Sector Tenayan Raya can be concluded, namely: First, the investigation conducted by the Police Sector Tenayan Raya on mass cases that judge people suspected of committing criminal theft (case study theft in supermarkets Alfamart Street Kuantan Raya District Limapuluh). Second, the obstacle or the inhibiting factor experienced by the Police Sector Tenayan Raya in conducting the investigation is the lack of information considering the location of the theft occurred in the territory of the Police Sector Limapuluh. Third, efforts made by the Police Sector Tenayan Raya in overcoming obstacles one of them is to cooperate with the Police Sector Limapuluh to overcome obstacles in the lack of information.Keywords: Investigation-Criminal-Action-Eigenrichting
PENERAPAN PRINSIP GOOD FAITH BAGI DIREKSI PERSEROAN TERBATAS BERDASARKAN UNDANG-UNDANG NOMOR 40 TAHUN 2007 TENTANG PERSEROAN TERBATAS Siltami, Frisa Ayu; ', Firdaus; Hanifah, Mardalena
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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The Directors shall be acting in good faith and responsibly in conducting management of the Company. It was done based on a standard of liability (standard of duty) the most high as stated by law. in this case the role was based beliefs that include, scrupulous, good faith, condor. Related to the case of a lease which is wrapped around the former director of PT Merpati Nusantara criminalizing directors of the company, especially in terms of decision-making led to a loss for the company when making such decisions based on good faith, and in accordance with the articles of association of the company. Article 97 Paragraph 5 of the Company Law says that the Board of Directors shall be take a responsibility for the loss of the Company if the directors can prove that in doing the maintenance company and the decision has been based in good faith and with prudence for the benefit and in accordance with the purposes and objectives of the company the.The research objective of this thesis, namely; First, the application of the principles of Good Faith in the Company Law. Secondly, legal certainty for directors of limited liability company that runs the principles of Good Faith by the Company Law.This type of research is a normative legal research. In a normative legal research, the author have examined the legal issues by using normative research on the principles of law.From the results of research and discussion of the problem there are 2 main things that can be inferred. First, the application of the principles of good faith in leading the Company's directors as stipulated in Article 97 of the Company Law. Although the Company Law acknowledges the existence of the principle of good faith, but no details of the Company Law and the details regarding the principle of good faith (good faith). Second, protection of legal certainty for directors in making a business decision has been regulated in Article 97 paragraph (5) of the Company Law, but in practice there are still many problems could be found for their interpretations in terms of the notion of state finances and state assets causing disharmony between the Company regulations and other regulation so that directors are acting in good faith for taking care of the company is hard to get legal certainty. Suggestions Author, First, should be made a special regulation governing the standard of good faith is not just for company directors, but for the organ of the company such as the AGM and the board of directors in order to create legal certainty for the organ of the company in carrying out their respective duties. Secondly, it needs to be harmonization of all four of the Act by changing the understanding of the State assets are separated state finances and to revise the law.Keywords: Principles of Good Faith, Directors, Limited Liability Company
TINJAUAN YURIDIS KEDUDUKAN OTORITAS JASA KEUANGAN DALAM PENGAJUAN PERMOHONAN PERNYATAAN PAILIT TERHADAP PERUSAHAAN ASURANSI Neneng Karlina; Firdaus '; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Article 50 Paragraph (1) of Law Number 40 Year 2014 About the insurance stating that, Request statement of bankruptcy against the insurance company and the company may only be submitted by the Financial Services Authority. The lack of power in the application for a declaration of bankruptcy centralized in one institution, namely the financial Services Authority become more complex issues related to the rule of law in bankruptcy, the insurer considered immune to bankruptcy. The purpose of this thesis, namely: First, to find out why the Financial Services Authority has authorized the application for a declaration of bankruptcy of the insurance company for the benefit nasbah, Secondly, to find out how the position of the Financial Services Authority in the application for a declaration of bankruptcy of the insurance company. This type of research can be classified in this type of normative juridical research, which is a type of research that discusses the principles of law. The study authors do by examining the library materials or secondary data such as legislation and books written by lawyers associated with the title of the research, articles, journals, and other sources. From the research problem it is clear that the consideration given authority filing a bankruptcy petition to the Financial Services Authority is because easy terms in bankruptcy is the debtor has two creditors that the debt has matured and could be charged, the authority in the application for a declaration of bankruptcy for an insurance company that is centralized on one institute aims to ensure the interests of all parties in order to create a stable economic system the country through the financial services sector. The position of the Financial Services Authority in the application for a declaration of bankruptcy of the insurance company is the authority granted by the state to protect the interests of the community as users of financial services that were previously owned by the Ministry of Finance and turning to the Financial Services Authority as a result of the enactment of Law No. 21 of 2011 About the authority financial services, based on the principle of lex posteriori derogat legi priori where the provisions of the new legislation would override the laws of time, then all the authority of the Minister of Finance including those relating to the insurance switch from the Minister of Finance to the financial Services authority, including for the -things pertaining to bankruptcy issues. Related problems bankruptcy insurer, authorized the Financial Services Authority. Keywords : Authority - Authority - Bankrupt Financial Services – Insurance Company
KESADARAN HUKUM MASYARAKAT DALAM PENGGUNAAN PUPUK BERSUBSIDI DILUAR PERUNTUKANNYA BERDASARKAN UNDANG-UNDANG NOMOR 12 TAHUN 1992 TENTANG SISTEM BUDIDAYA TANAMAN DI WILAYAH HUKUM DESA SUNGAI JANIAH KECAMATAN BASO KABUPATEN AGAM PROVINSI SUMATERA BARAT Akmal Astani; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Society is the source of social contact with humans in general. In the case of FertilizerBersubsisdi society must have the knowledge of the Subsidized Fertilizer, which will give theLegal Awareness for communities and can guide you in everyday life.This research is a sociological research that want to see the unity between law and societywith the gap between fennel and das sein sollen. This research was conducted in thejurisdiction of Sungai Janiah District of Baso Agam West Sumatra province, while the samplepopulation is a whole party related to the issues examined in this study, the data source used,primary data, secondary data and data tertiary, technical data collection in this research wasconducted through interviews and review of the literature.From the results of research can be concluded, first, the level of legal awareness in SungaiJaniah Baso Subdistrict Provision Agam West Sumatra is still low. Second, the barriers facedby internal factors are the obstacles include the lack of attention of government factors interms miningkatkan legal awareness in society and the lack of seriousness of the governmentin terms of increasing awareness of the law. While his external factors include the lack ofeducational background masyarat and indifferent attitude of society to the law so that interms of increasing awareness of the law is an obstacle and makes the authority of the law inthe eyes of society so becoming weaker. Third, efforts to overcome the barriers that fix theinternal shortcomings by providing counseling-penyulahan to the public on legal awarenessby understanding easily understood by all circles of society and this can be done duringcampaigns or events organized by the government. And instill a sense of awareness of the lawto the public early review will be accompanied by awareness of the law itself.Keywords : Legal Awareness - Subsidized Fertilizer - Level of Legal Awareness
PROSES HUKUM BAGI PELAKU YANG MENGALAMI GANGGUAN KEJIWAAN BERDASARKAN PASAL 44 KITAB UNDANG UNDANG HUKUM PIDANA Sinaga, Bob Steven; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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People who have a psychiatric disorder should not be convicted, but bring them to a mental hospital. People who experience mental illness common in our country Indonesia, this is influenced by the economic situation, families brokemhom, as well as the pain that comes from an innate, so many patients who have psychiatric disorders escaped from a mental hospital and follow- pidana.Dalam the investigation process there are problems on the hard evidence against the perpetrators of people who experience mental illness committing criminal offenses so that offenders are already undergoing treatment in a mental hospital and is considered to have legal protection under article 44 KUH. Objectives achieved in this study to determine how the investigation process against the perpetrators of criminal acts who have psychiatric disorders based on Article 44 of the Penal Code and how the criminal responsibility of the perpetrators of criminal acts who experience mental illness.This type of research can be classified in this type of normative juridical research, because this research author discusses the legal principles, systematic law, the degree of synchronization of law, legal history and comparative law and in order to give a complete picture and clear about the issues examined by the author. This research was conducted with normative method, the data source used by the cases on the internet and study of literatureFrom the research problem there are two main things that can be inferred First, how the process of the investigation of the criminal mentally challenged under section 44 Criminal Code, that in the process of investigation in charge of the investigation is a special investigator in encountering cases of investigation of people who experience mental illness already never entered into a mental hospital why the police are still conducting an investigation and did not dismiss the investigation and could acquire the evidence. Both how the criminal responsibility of the perpetrators of criminal acts who experience mental illness, that is written in the Law of Penal known criminal eraser reasons that justify and excuses as defined excuses that reason remove errors from sipelaku an offense.Keywords: Process punishment Crime-Mental Disorders

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