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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
Arjuna Subject : -
Articles 2,579 Documents
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PENEGAKAN HUKUM TINDAK PIDANA PENCURIAN DI DALAM ANGKUTAN UMUM OLEH KEPOLISIAN RESOR KOTA PEKANBARU Putra, Rangga Prayudha; 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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Abstract

In line increases of people's income, many people buy their personal vehicles. With the number of private vehicles on the road it will cause traffic jam. So there are many people who use public transport to travel. However, here appears distorted mind and the opportunity for criminals on public transport, especially theft. The high demand of the economy and lack of jobs is also the reason why crimes occur on public transport. Rampant theft in public transport makes the user of public transport did not feel safe and comfort.There are several types of public transport in the city of Pekanbaru, namely city transport, city bus, trans metro and taxi. Theft is the most often crime happens in the public transpotation. The crimes can happen at the all time, it can happen anytime and anywhere. There are many crimes that occur on public transportation and city buses.In this case the law enforcers have tried to combat the crime, one of them with the process of law against the perpetrators to trial and criminal sanctions imposed in accordance with applicable laws, but it is very difficult for authorities to tackle the problem of crime, thisproofed by the lack of law enforcement especially weak police officers in performing their duties and obligations. The impression or the public image of the police in almost every country still has not improved. Failure to tackle crime will be the target of criticism and public censure.The weakness of law's implementation was caused by the persistence of the constraints and challenges in matter of law, the legal apparatus, facilities and infrastructure as well as other factors that influence it. Although the legal development takes time, but the need for the law to shelter not be delayed even prove the people's demand is constantly increasing, and should be recognized also there are the excesses in the application and enforcement.Keywords: Law Enforcement - Crime of Theft - Public Transport
ANALISIS PERTANGGUNGJAWABAN PIDANA TERHADAP PEMILIK AKUN INSTAGRAM YANG MENGANDUNG KONTEN PORNOGRAFI BERDASARKAN UNDANG-UNDANG NOMOR 44 TAHUN 2008 TENTANG PORNOGRAFI Simamora, Desvi Christina; ', Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Abstract

The development of science and technology sangantlah rapidly in people's lives and nation. As one example of the development of science and technology in the field of multimedia telekomonikasi is instagram account. Namely, as the account serves as a medium for memermudah someone to create a picture / video and send in time epat, but the benefits of information and communication technology is widely used by people who are not responsible for committing new crimes (cybercrime) in the form of information dissemination in the form of pornographic content. Though the impact of pornography increasingly clear is the effect of which is often the case of adultery, rape, and even murder and abortion. With the misuse of technology in social media, it has caused a crime called Cyberporn. Based on this understanding, the writing of this formulation formulated two issues namely; The first, How criminal liability against the owner of the account instgram containing pornographic content based on Law Number 44 Year 2008 on pornography. Second, how the implementation of criminal liability against the owner instagram account that contain pornographic content based on Law Number 44 Year 2008 on pornography .This types of research can be classified in normative research, because this research was conducted by examining secondary data as well as the approach of the legislation, normative research examines the legal principles contained in Law No. 44 Year 2008 on Pornography. Specifically regarding criminal responsibility. The data sources used, the primary data, secondary data, the data tertiary data collection techniques in this study is normative, the data used is the study of literature. After the data collected then analyzed qualitatively, then draw conclusions with a method of thinking deduktitf is to analyze the problems of the general form into special shapes From the research, there are two basic problems that can be inferred, first, Criminal Liability Against Own Instagram account Containing Pornography Content Based on Law No. 44 Year 2008 on Pornography. Second, implementation of Criminal Liability Against Own Instagram accounts that contain pornographic content based on Law Number 44 Year 2008 on pornography.Keywords: Criminal Liability - Crime - Pornography
PERANAN MEDIATOR DALAM PENYELESAIAN PERKARA CERAI GUGAT DI PENGADILAN AGAMA PEKANBARU Nurvita, Nita; Hanifah, Mardalena; Hendra, Rahmad
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

All cases that are not included in the exclusion criteria has to mediation first, not exception divorse case in religious courts.on these conditions, expected that the parties can find and see the positive side of the mediation proses offered with the assistance of a neutral mediator.Mediator is neutral meaning that doesn’t take sides (impartial), doesn’t have interest in disputes and does’t gain and lose if the dispute can be resolved or not completed or if mediation meet (deadlock). Mediator has a decisive of mediator.mediation is also determine by the mediator. The purpose of this research is to determine the effectiveness, role of mediator for resolvingdivorce cases in Pekanbaru religious court and things that become obstacles for mediator in resolving divorce cases in Pekanbaru religious court.Key Words: Mediation – Mediator – Role
Penegakan Hukum Terhadap Pungutan Liar yang dilakukan oleh Pos Polisi kepada Pengendara Angkutan Barang di Wilayah Kepenghuluan Bangko Bakti Kecamatan Bangko Pusako Kabupaten Rokan Hilir Padri, Muhammad; ', Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Abstract

Wild charges against law enforcement carried out by the police to transport riders relic items Kepenghuluan Bangko Bangko, sub episode of filial piety, Rokan Hilir. charges made by the police station diKepenghuluan Bangko Bakti done with work shift system activity is certainly contrary to law No. 20 of 2001 about the eradication of criminal acts of corruption in article 12 the letter e that reads, are convicted with imprisonment for life or imprisonment of most short four (4) years old and most 20 (twenty) years and criminal fines of at least Rp. 200,000,000.00 (two hundred million rupiah) and at most Rp. 1,000,000,000.00 (one billion rupiah) . Tujujan penilitian these are: a. to know wild charges against law enforcement carried out by the Police to transport goods b. riders to know the constraints in the wild charges against law enforcement by the Police to transport the goods c. Rider To attempt countermeasures so that goods transport riders do not become victims of the wild collection.The type of research or the approach used by the author is the juridical sociological legal research. This research was conducted in the area of Kepenghuluan Bangko Bangko, sub episode of filial piety, Rokan Hilir. As for the reason the author sets the location became the site of the author's research because of indications of wild charges committed by police against rider transport of goods in the region. In this study researchers use data sources that you can break down as follows: primary Data, i.e. data obtained directly provide research. Secondary data, i.e. data obtained indirectly through the research libraries (library research).The issue of the proper functioning of the law in principle hold at least four factors, namely: the ruling factor, factor officers who enforce, support facilities, and the citizens of the community. As for the barriers in law enforcement is the mental attitude of the person's own officers, the lack of legal consciousness of the person doing the pungli and feel good will his deeds led to constraints in enforcing law, victims do not want to report the actions of the members of the police who did the wild charges. And as for the efforts of the response is: Identify areas that could potentially occur wild charges and take effective measures to eradicate wild charges, forcefully crack down on the country's civil apparatus involved wild charges, conduct more in-depth investigation to trawl the involvement of other persons-personsKeywords: wild charges against law enforcement in Kepenghuluan Bangko Bakti
PERAN MEDIATOR DALAM PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL DI DINAS TENAGA KERJA KOTA PEKANBARU (STUDY KASUS BENNY HENGKI REKSON SILALAHI DAN PT. ASURANSI JIWA BUMI ASIH JAYA PEKANBARU) Gaol, Renny Renovawaty Lumban; Lestari, Rika; Fitriani, Riska
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

Labor relations between workers and employers not always get well. Sometimes one or both parties do not exercise their rights and obligations that have an impact on industrial relations disputes. Industrial disputes can be resolved in two ways: through out of court (non liigasi) and the courts (litigation). The parties to the dispute shall take the out of court settlement through before proceeding to court. Basically the settlement may be conducted by each party through consensus. but often do not find an agreement. So the settlement will be taken through the mediation brokered by a mediator.This type of research is classified in socio-juridical kind of 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 Energy Work Office at Pekanbaru, 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 data tertiary, data collection techniques in this study with interviews, and review of the literature.From the research, there are two main issues that can be inferred. First, the role of mediator is a intermediary who uncommitedin mediation session to help the disputing parties to lead the mediation hearing without favoring one of the parties to the dispute, but the industrial dispute between perkeja and PT Asuransi Jiwa Bumi Asih Jaya Pekanbaru brokered by a mediator suggested to workers to accept gifts in the form of wages the company two months. This is quite contrary to the role of a neutral mediator who just attitude given that the mediator itself knows that giving from company notto fit with the rule. Mediator in the trial also must explain to the parties to the dispute about rights and obligations, in the case of an industrial dispute labor is minimal knowledge of the rights and obligations, so that workers become employees PKWT in the company for 9 (nine) years without learned that the company has violated the rule on Employment Agreement Specific time (PKWT). And the mediator should be able to create an atmosphere conducive trial and comfortable so that when the mediation hearing the parties feel comfortable walking along both disputing parties are satisfied with the hearing process mediasi. second, Barriers experienced by the mediator in the settlement of disputes between Benny Hengki industril Rekson Silalahi and PT Asuransi Jiwa Bumi Asih Jaya Pekanbaru is difficulty of bringing together the interests of the different parties, less the proof or information who need mediator, mediator not have the force to vigour.Keywords: Role of Mediator – Industrial Dispute - Mediation
PERAN NINIK MAMAK DALAM PEMANFAATAN TANAH ULAYAT DI KENAGARIAN LIPAT KAIN SELATAN Rifana, Rinda; Bachtiar, Maryati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Abstract

Customary law is part of the law that comes customs, the social norms are created and maintained by the functionalist law and apply and are intended to regulate legal relations in society. Customary law governs the indigenous people and their customary land. Legal relationship between indigenous people and land creates the right that gives the community as a group of law, the right to use the land for the benefit of society. Each has the customary rights of indigenous peoples. Customary rights is the right of communion law to use freely the lands which remained a grove within the region, for the benefit of the fellowship of the law itself and its members, or to the interests of those outcomes (foreigners or immigrants), with the permission of the legal communion with pay beyond that (recognition).Talking about customary land, customary land rights holders led by traditional authorities or the prince of the tribe. Article 9 of Regional Regulation (Perda) of Kampar regency No. 12 of 1999 concering about customary land rights states thats, the prince of the tribe task is to govern, prosperity, and security in their respective alliances in the field of customs law. That mean is, the prince of the tribe obliged to maintain the welfare and interests of community members in order to avoid disputes.Key Words: Role - Ninik Mamak - Utilization - Communal Land
PERTIMBANGAN HAKIM DALAM MENETAPKAN BESAR KECILNYA DENDA DALAM PERKARA ACARA CEPAT LALU LINTAS (STUDI KASUS DI PENGADILAN NEGERI PELALAWAN DAN SATUAN LALU LINTAS PELALAWAN) YONA MELYSA; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Abstract

Traffic problems, namely the human user, vehicle and road that interact in the movement of vehicles that meet the eligibility requirements driven by drivers follow traffic rules are set by traffic laws and road transport. With the number of traffic violations that occur in the region of Police law Pelalawan increasing. And the amount of fines set by a judge who does not comply with provisions of law rules applicable. The purpose of this thesis: First, to determine the application of sanctions against traffic violations that occurred in the jurisdiction of the Traffic Unit Pelalawan. Second, To know the basic consideration of the judge in determining the size of fines in the case of fast traffic events (a case study in the District Court Pelalawan and the Traffic Unit Pelalawan).This type of research is classified in socio-juridical kind of research, because the author directly conduct research at the locations studied. This research was conducted in the District Court Pelalawan and Traffic Unit Pelalawan, while population and sample, the whole party with regard to the issues examined in this study, the data source used primary data, secondary data, and the data tertiary, technical data collectors in research the Interviews and Literature Study.From the research problem there are two main things that can concluded. first, Whereas in the implementation of sanctions violations in the police resorts Pelalawan not in accordance with Law number 22 Year 2009 regarding Traffic and Road Transportation. The traffic police in carrying out his duties have not profesionall, namely the indiscriminate in enforcing the law. Lack of socialization traffic police to the public. The second implementation of the application of fines speeding ticket in court Pelalawan are not in accordance with the rule of law which is already regulated in Law Number 22 Year 2009 regarding Traffic and Road Transportation. Advice writer, first, It should further optimize the performance to reduce traffic violations in the region law police resorts Pelalawan, and the presence of a strong law enforcement in order to apply sanctions can give deterrent effect to offenders and can change the public's view of the image of the police, which many assume negative , And provide education to the public image of the law enforcement that have been adopted by law enforcement itself. Second, the judge should be able to carry out tasks and maintain an objective attitude in conducting the trial, and practice the ethics of the profession as well as possible, and do not abuse the profession in deciding a verdict in the trial.Keywords: Violation Penalties-Penalties-Traffic
PERANAN BADAN PEMERIKSA KEUANGAN REPUBLIK INDONESIA PERWAKILAN PROVINSI RIAU DALAM PEMBERANTASAN TINDAK PIDANA KORUPSI BERDASARKAN UNDANG-UNDANG NOMOR 30 TAHUN 2002 TENTANG KOMISI PEMBERANTASAN KORUPSI JUNCTO UNDANG-UNDANG NOMOR 15 TAHUN 2006 TENTANG BADAN PEMERIKSA KEUANGAN Ladi Titorlianti Batubatra; Erdianto '; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Abstract

Audit Board of the Republic of Indonesia is a body tasked to examine the management and financial responsibility of the state. In Law No. 30 of 2002 on combating corruption commission says that the audit agencies including agencies eradication of corruption. State Audit Agency has implementers in every province, including in Riau Province. Given the high incidence of corruption in the province of Riau requires the Audit Board of Riau Province as the only external audit agencies of government to eradicate corruption. The problem in this thesis is how the role of the Audit Board of the Republic of Indonesia Representatives of the Province of Riau in combating corruption under Act No. 30 of 2002 on the Corruption Eradication Commission in conjunction with Law Number 15 Year 2006 regarding the Audit Board, what factors poses in combating corruption faced by the State Audit Board Representative Riau province, what efforts made by the Supreme Audit Agency Representative Riau province to overcome the barriers to the eradication of corruption. Having done research using empirical methods / sociological, ie the data sources supported by the primary data and secondary data, and after data is collected, the data were analyzed by means of qualitative and conclusion by deductive way.According to the research the role carried out by the Supreme Audit Agency Representative Riau Province is the role of actual or role that is applied in reality (role performance or role playing), factors that are a barrier is the lack of Audit Board members Representatives Provision Riau and lack of budget, as well as efforts conducted by an auditing firm representative Riau province is asking for additional members and ask for a supplementary budget to the finance Audit Agency center. Advice writer, is expected to all interested parties in order to carry out their role and function properly.Keywords: Role-Audit Agency Representative financially- Riau Province-eradication-corruption
ANALISIS YURIDIS PENGATURAN JANGKA WAKTU PENYERAHAN SURAT PEMBERITAHUAN DIMULAINYA PENYIDIKAN OLEH PENYIDIK KEPADA KEJAKSAAN UNTUK MEMULAI PENYIDIKAN BERDASARKAN KITAB UNDANG-UNDANG HUKUM ACARA PIDANA Brando Pardede; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Implementation of the principles contained in the quick coordination between law enforcement agencies, one of which is an investigator with the prosecutor in the case of submission of the Notice of Commencement of Investigation hereinafter abbreviated SPDP, by the investigator to the prosecutor to initiate an investigation. Fast, should be interpreted as a strategic attempt to make the justice system as an institution that can ensure the accomplishment / achievement of justice in law enforcement quickly litigants. Not only quickly resolved origin are applied but juridical considerations, accuracy, precision, and considerations that guarantee sosilogis sense of justice was also considered. SPDP stipulated in Article 109 paragraph (1) Criminal Code, namely: "In the event that investigators have begun an investigation of an event that is a crime, investigators notify the public prosecutor". Period setting SPDP not support fast principle in the criminal justice system in Indonesia. SPDP time period setting is not firm and does not provide legal certainty to cause adverse effects in law enforcement. The purpose of this thesis are: First, to determine whether the arrangement period of submission of the notification the commencement of an investigation by the investigator to the prosecutor's office has supported the principle of fast in the criminal justice system of Indonesia, the Second, to determine the ideal setting of the period for the submission of the notification the commencement of an investigation by investigators to the prosecutor. This research is a normative legal research or can be also called the doctrinal legal research. From the research problem there are two main things that concluded, first, setting a period of submission of SPDP by the investigator to the prosecutor stipulated in Article 109 paragraph (1) Criminal Procedure Code does not yet support fast principle in the criminal justice system in Indonesia. Second, the ideal setting on delivery time SPDP by the investigator to the prosecutor that should be mentioned explicitly in the Criminal Procedure Code.Keywords: Setting Period-Notice of Commencement of Investigation-Quick Principles-The Criminal Justice System
PERANAN KEPOLISIAN DALAM PENERAPAN DIVERSI TERHADAP TINDAK PIDANA YANG DILAKUKAN OLEH ANAK BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK OLEH KEPOLISIAN RESOR TAPANULI TENGAH Erich Sucipto Sinaga; Erdianto '; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Children should be protected, including children in conflict with the law. Diversion which means the transfer of the settlement Son of the criminal justice process to the outside of the criminal justice process. Based on the data in the Police Central Tapanuli that recorded 48 cases there are a number of criminal offenses committed by children in 2014 until April 2015 and only one case that getting efforts Diversion. In this case the role of Police Central Tapanuli in the application of Diversi on cases of children in conflict with the law is not maximized. The purpose of this thesis, namely; First, the role of the Police Central Tapanuli in the application of diversion of the offenses committed by children under Act Number 11 of 2012 on the Criminal Justice System Child, Second, Obstacles encountered Police Central Tapanuli in the application of diversion, Third, efforts undertaken Police Central Tapanuli resorts in overcoming barriers to implementation of diversion.This type of research can be classified in this type of sociological juridical research, because this research author directly conduct research on the locations or places studied in order to give a complete and clear picture of the issues examined. This research was conducted at the Police Central Tapanuli, whereas 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 data tertiary, technical data collectors in this study with interviews and literature study.From the research there are three main issues that can be inferred. First, the role of the Police Central Tapanuli in the application of diversion of the offenses committed by children under Act Number 11 of 2012 on the Criminal Justice System Child, that the investigator in charge of the investigation is a special investigator Child/investigator PPA, arrest, detention, examination child in a family atmosphere, the investigator shall ask for consideration/suggestions from Supervising Community, the right to legal assistance in the investigation process and the confidentiality of the child. Second, Obstacles encountered in the implementation of diversion is the capacity in implementing diversion investigators still limited, facilities and infrastructure is not adequate, the lack of cooperation with KPAI. Third, efforts made in overcoming barriers to implementation of diversion, that the training, the process of investigating the diversion in the room for a while. Suggestions Author, First, the police are expected to investigators PPA training and seminars to the public on diversion, Second, the government made in the implementation of the monitoring team of diversion.Keywords : Role of Central Tapanuli Police - Crime of the Child - Diversion

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