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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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PERTANGGUNG JAWABAN PIDANA DALAM TINDAK PIDANA PERJUDIAN(KAJIAN ATAS PUTUSAN NO. 1931 K/Pid/2009) Alex Irianto; Erdianto '; Mexsasai Indra
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 the middle of combating gambling spirit proclaimed by the government of therepublic Indonesia, does not correspond to the facts on the ground. The rise ofgambling that occurs at all levels of society has reached to the point that it ischaracterized by an alarming number of cases of gambling were dismantled bythe police. Although it has no legal basis to regulate it but the offense persists.High profits can be obtained by the perpetrators of gambling so many people areattracted to the game. In this case gambling is often associated with poverty in thecommunity or custom factors existing in society. So many people who come fromthe middle and lower class participate in gambling because of the lure of profitthat can be obtained is very high if you win. In this case the Cindra Wijaya aliasAcin, known as the king of gambling pekanbaru experiencing lengthy judicialprocess so that it becomes a case that became a media focus.This research included into the normative legal research is research thatexamines the legal norms rooted in the rule of law is a law. This research wasconducted by examining the library materials or secondary formulated normativeresearch or research library book. In terms of nature of this research isdescription research that aim to describe or depict clearly and in detail. ,From the research, there are two main things that can be inferred. First, the judgein the consideration convict the defendant Chindra Wijaya, more focused on thethings or aggravating circumstance the defendant rather than things oraggravating circumstances and sentenced the defendant for 4 (four) years andseizure of evidence. Second, the basic consideration in the judge's decision toexamine and decide Case Number accordance with the principles of justice whichis the maximum punishment for the perpetrators because proven legally andconvincingly guilty of the crime of participation in gambling.Keywords: Gambling, Acin, King Gambling From Pekanbaru
PENEGAKAN HUKUM PIDANA TERHADAP PENCEMARAN LINGKUNGAN DISUNGAI SIAK BERDASARKAN UNDANG UNDANG NO 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP Tiara Aria Wulandari Sitanggang; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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One of the environmental pollution is water pollution through river, as happened in Siak River. The level of contamination of the Siak River, is increasingly alarming. Siak River has been proven to be polluted but Environmental Cultivation Enforcement in Siak River is not running maximally. Firstly to know the law enforcement process and the implementation of sanctions that must be done law enforcement officers in handling environmental pollution that occurred in Siak River, Second to know the cause of its slow and not terebut enforcement of environmental crime law regarding environmental pollution that occurred in Siak River. Third to find out what efforts can and should be done by the government and law enforcement officers so that environmental pollution in the siak river can be quickly resolved.This type of research can be categorized in the type of sociological research. The research location is Riau Province Environmental Agency (BLH) and Riau Regional Police. Data source used is primary data and secondary data. Data collection techniques are interviews, questionnaires and literature reviewFrom the research there are three main points that can be concluded. First, the implementation of environmental criminal law enforcement by the Environment Agency (BLH) of Riau Province and the Directorate of Riau Police Reskrimsus against perpetrators of destruction and pollution of the environment is done by preventive and repressive. Both obstacles faced by the Directorate of Riau Province Police Reskrimsus and Environment Agency (BLH) in the enforcement of environmental criminal law is the discovery of internal and external constraints. The three efforts undertaken by Ditreskrimsus Polda Riau and Environment Agency (BLH) Riau Province is supposed to overcome obstacles both in terms of Internal and externalKeywords: Environmental Pollution - Law Enforcement - Siak River
ANALISIS YURIDIS P ELAKSANAAN PUTUSAN PENGADILAN AGAMA PEKANBARU TERHADAP PEMBAYARAN NAFKAH ANAK AKIBAT PERCERAIAN Tanjung, Hardina; Lestari, Rika; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Commensurate with the nature of nature, humans from birth to death to livetogether with another man, or man can not live alone, apart from other human groups.Marriage is an inner and outer bond between a man and a woman who has grown upunder the provisions of the applicable legislation and is eternal and immutable towarddomestic life happy and prosperous. The verdict is the dissolution of marriage that hasbeen fostered by the couple, which is due to several things, such as death, divorce, andthe courts decision. Different partner Al Zuhri and Indrawati, the reason for divorce isbased on the decision of divorce conducted in Pekanbaru religious courts with casenumber, No. 1182 / Pdt.G / 2015 / PA.Pbr with their chronology in the family is not inharmony again because of the people to 3 and environmental factors that lead to quarrelsand disputes continuously so that between husband and wife can not retain the integrityof the family as a reason for divorce Based on the above, the writer wanted to know Howare basic considerations judge in Pekanbaru Religious Court decision against thepayment of a living child of divorce Number: 1182 / Pdt.G / 2015 / PA.Pbr and IsReligion Court decision limiting factor Pekanbaru against payment of a living child ofdivorce and What efforts if Pekanbaru Religious Court decision against the payment of aliving child of divorce is not implementedThis type of research if viewed from the angle of its kind, this research can beclassified in social legal research. Social legal research is the author directly involveddoing research on the location or place of study, the data source used primary legalmaterials, legal materials secondary and tertiary legal materials, techniques of thisresearch with the study interviews and a literature review.From the results of this research and analysis of the author based on theprinciple of legal certainty in mind first, the reasons for the decision in case No. 1182 /Pdt.G / 2015 / PA.Pbr not in accordance with the basic laws and regulations are basedon Article 39 of the Marriage Act No. 1 of 1974, anyone can file a lawsuit on thegrounds: one party committed adultery or an alcoholic, junkie, gamblers, etc. are difficultdisembukhan, one party leaving the other party for two (2) consecutive years without theconsent of others and without a valid reason or because of other things beyond hisability, one party gets a prison sentence of 5 (five) years or severe punishment after themarriage took place.Keywords: Decision, Livelihoods Giving Children, Divorce
KUASA MENJUAL SEBAGAI ALTERNATIF PENYELESAIAN SENGKETA KREDIT MACET DIKECAMATAN SUKAJADI KOTA PEKANBARU Afrian, Muhammad Eddo; Hanifah, Mardalena; Hendra, Rahmad
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Abstract

Improving standards of living, especially in the economic field can be done by encouraging the growth and development of both small-scale industries as well as large-scale as well as cooperative as the national economy. Since the birth of (UUHT) Law No. 4 Year 1996 on Mortgage then uninstall the mortgage on the collateral according to the rules of the Civil Code by using the authority to sell, but today is part of financial institutions such as banks continue to use certificate authorization to sell despite the guarantee of the debt had been installed / encumbered encumbrance and it is still run by a notary.This study aims to identify and explain the process of issuing certificate authority to sell by a notary and functions of the deed of power to sell that have been charged with security rights and protections afforded by a notary.This type of research using sociological research, which meant an immediate interview person.This study aims to identify and explain the process of issuing certificate authority to sell by a notary and functions of the deed of power to sell that have been charged with security rights and protections afforded by a notary.These results indicate procedures that have the authority to sell the encumbered encumbrance, it becomes pointless / useless. The function of the authority to sell will be effective when the debtor is given a warning after the publication of the creditors for the tort made by the debtor.Key Words:authority to sell-trouble debt–dispute resolution
PENEGAKAN HUKUM TERHADAP PENYELUNDUPAN ROKOK DAN MINUMAN KERAS OLEH PENYIDIK PEGAWAI NEGERI SIPIL BEA CUKAI SELAT PANJANG BERDASARKAN UNDANG-UNDANG NOMOR 39 TAHUN 2007 TENTANG CUKAI Khairani, Annisa Dwi; Indra, Mexsasai
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Goods import export activities in the form of customs and excise goods become one of the activities that is always done in every country in the world. However, such activities can also be used as the best use of an illegal act of smuggling. Strait Panjang becomes a strategic place to smuggle goods such as cigarettes and liquor, smugglers can be imposed criminal penalties based on Law Number 39 Year 2007 About Excise.The purpose of writing this thesis, namely to know: First, the law enforcement of smuggling of cigarettes and liquor by the investigator civil servants long strait customs based on the law number 39 of 2007 on excise, Both barriers law enforcement against smuggling of cigarettes and liquor by the investigator Civil servants of the long strait customs under Act No. 39 of 2007 on excise, Third attempt made in overcoming law enforcement inhibiting the smuggling of cigarettes and liquors by the investigators of long-strait customs civil servants under the law number 39 years 2007 on excise duty. This type of research is a sociological study looking at the correlation between law and society, using interview method in Customs Strait Long.From the results of research based on three formulation problems can be concluded, First Law enforcement against smuggling of cigarettes and liquor has not run with the maximum because all the perpetrators fled. Second, law enforcement obstacles to smuggling of cigarettes and liquor are the lack of personnel and investigators of long-strait customs civil servants, lack of socialization with the public, the number of small ports. Third, the efforts undertaken in overcoming law enforcement inhibiting the smuggling of cigarettes and liquor is to improve coordination with other law enforcement officers, provide counseling and cooperate with communities, and improve oversight of small ports.Keywords: Law Enforcement-Cigarettes and Liquor-Customs
INDEPENDENSI KEJAKSAAN DALAM SISTEM KETATANEGARAAN REPUBLIK INDONESIA TELAAH KRITIS TERHADAP UNDANG-UNDANG NOMOR 16 TAHUN 2004 TENTANG KEJAKSAAN REPUBLIK INDONESIA Dedi Sahputra; Emilda Firdaus; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Speaking about the state of law then the consequences of all activities required to lean administration and based on the rule of law. One of the important principles of rule of law is the guarantee of the implementation of independent judicial power, free from the influence of other powers to organize judiciary to enforce the law and justice. In the Constitution of the Republic of Indonesia Year 1945 before the change and after the change are not set explicitly (explicit) about the presence of the Prosecutor of the Republic of Indonesia, but only implied (implicit) in Article 24 paragraph 3 provides that: "Other agencies whose functions related the judicial authority regulated by law ". Law No. 16 of 2004 on the Prosecutor of the Republic of Indonesia in Article 2, paragraph 1 states that: "Prosecutor of the Republic of Indonesia, hereinafter in this Act referred to the prosecutor's office is a government agency implementing state power in the field of prosecution and other authorities under the Act" , Law No. 16 of 2004 in Article 19 paragraph 2 that "The Attorney General is appointed and dismissed by the President". Looking at the above settings can be said that the position of the Prosecutor as a government agency that does the State authorities in the field of prosecution, when viewed from the position, meaning that the Prosecutor is an institution under the authority of the executive. Meanwhile, if viewed from the side of the Prosecutor in the prosecution authority means the Attorney running the judiciary. This is where the ambivalence of the position of Attorney Rebublik happened Indonesia in law enforcement in Indonesia.This study is a normative research is a study of the principles of law and the systematics of the law relating to the independence of the prosecutor in the state system of Indonesia critical examination of the Law No. 16 of 2004 on the Prosecutor of the Republic of Indonesia, while the purpose of the study presented was to figure out how independence kejakaan in the law enforcement system under Act No. 16 of 2004 on the Prosecutor of the Republic of Indonesia.From this study showed that at this point, there are problems which are anomalies when faced with the reality that in many countries that the helm of the Prosecutor, the Attorney General, is part of the cabinet (executive) led by the head of government. On the one hand, the Attorney General as law enforcement is required to work to uphold the values of professionalism and is subject to the normative rules of law, but on the other hand the Attorney General is an office of a political nature because the appointment is the prerogative of the head of government.Keywords: Independence of the Attorney-notch-Authority.
PELAKSANAAN PRINSIP KEHATI-HATIAN DALAM PERJANJIAN PEMBIAYAAN KONSUMEN OLEH PT. CENTERAL SANTOSA FINANCE PEKANBARU ANDRI KURNIAWAN; Firdaus '; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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In the practice of daily life financial institutions that are not known by the public is a foreign bank. In order to channel the funding requirements needed society, it appears that an alternative financing institutions raised funds more flexible and moderate than banks in certain cases even higher level of risk. Financial institutions that offer models of new formulations in terms of channeling funds to those who need it as consumer financing, arranged by Presidential Decree No. 9 of 2009 on Financing Agency, PT. Centeral Santosa Finance Pekanbaru as a financial institution that has a product to accommodate the consumer in helping to vehicle financing.In this case relates to the implementation of the Precautionary Principle in consumer financing agreement by PT. Centeral Santosa Finance Pekanbaru. The purpose of this thesis, namely: First, This type of research can be classified into types soiologis juridical research, because this research author directly conduct research on location or a place to study provide complete and clear picture of the issues examined. This research was conducted at PT. Centeral Santosa Finance Pekanbaru, while the sample population is a whole party with regard to the problems examined, the data source used, primary data, secondary data, data collection techniques in this study with questionnaires, interviews and review of the literature.From the research problem there are two main things that can be inferred. First, the implementation of the Precautionary Principle by PT. Centeral Santosa Finance Pekanbaru in consumer financing agreement has not been run in accordance with applicable regulations. So the PT. Centeral Santosa Finance Pekanbaru do not pay attention to the precautionary principle as a risk management in credit financing. Due to the implementation of the precautionary principle as a formality without regard to legal aspects. Suggestions Writer, first, to the government, the government should make the legislation more specific. In terms of the application of the precautionary principle in consumer financing agreement, PT. Centeral Santosa Finance Pekanbaru branch does not run properly, it should in completing the requirements of consumer financing agreement, PT. Centeral Santosa Finance Pekanbaru branch reinforce any prospective customers to complete the requirements in accordance with the procedure.Keywords: Consumer Finance, Principles Of Prudence
PELAKSANAAN PROGRAM BADAN PENYELENGGARA JAMINAN SOSIAL KETENAGAKERJAAN DI YAYASAN PENDIDIKAN BEERSEBA HURIA KRISTEN BATAK PROTESTAN SUKAJADI KOTA PEKANBARU JOHANES PASRA JAIMAN; Firdaus '; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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The Social Security Administering Body is a legal entity established toorganize a social security program. The social security program is the BPJShealth program and the employment BPJS program. In this study, the authorsspecialize in the research of the BPJS Employment program. BPJS Manpower is alegal entity formed to organize a program of employment injury, pension, pension,and death insurance, where the program must be implemented for each employer.But in practice there are still employers who have not fulfilled their obligations toregister themselves and their employees to be participants of the BPJSEmployment program.In this case relate to the implementation of its obligations as an employerto register himself and his employees become participants of the program BPJSEmployment at the Foundation of Education Beerseba Huria Kristen BatakProtestant Sukajadi Pekanbaru City. The purpose of writing this thesis, namely:First, the implementation of the obligation of Beerseba Education FoundationHKBP Sukajadi Pekanbaru City against workers in the program of the EmployersSocial Security Employment Agency. Secondly, the efforts undertaken by BeersebaEducation Foundation HKBP Sukajadi Pekanbaru City against workers infulfilling the Program Organizer of Social Security Employment. This type ofresearch can be classified in the type of sociological juridical research, becausein this study the authors directly conduct research on the location or place understudy. This research was conducted at Beerseba Education Foundation HKBPSukajadi Pekanbaru City, while population and sample are all parties related tothe problem under study, data source used, primary data, secondary data, datacollection techniques in this study with questionnaires, interviews, and Literaturereview.From the results of research problems there are 2 main things that can beconcluded. Pertamai, the implementation of its obligations Yayasan as anemployer to give the right for every workforce to register its employees andthemselves become participants BPJS Employment program is not implemented inaccordance with applicable regulations. Second, the Foundation's ignorance ofthe presence of the Employment BPJS program for workers. Suggestion Writer,First, To the Government through Organ BPJS Employment should be betteragain to conduct supervision and more firmly again in giving sanctions fordisobedient performers. Second, the Party which is the employer's party should beaware of its obligation to fulfill the right that should be obtained by its workers.Keywords: Implementation - Social Security Program - BPJS Employment.
PENERAPAN SANKSI TERHADAP PELAKU TINDAK PIDANA ANAK YANG DIJADIKAN PEKERJA SEKS KOMERSIAL OLEH PENGADILAN NEGERI PEKANBARU Sarah Dian Marsa; Emilda Firdaus; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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In the current era of globalization, the need for human life in all areas increased. Thus, each person will make every effort to meet these needs, not least if it has to commit criminal acts. Son is a creature of God Almighty and social beings, from conception until birth to have the right to life and freedom and protection that either of the parents, family, community, nation and state.Implementation of Sanctions Against the Crime of Child Prostitutes cite by District Court Judge Pekanbaru is the verdict should be able to impose a more severe punishment against the defendant so the defendant can get a deterrent effect because the child still has a long future. Both ruling given by the District Court Pekanbaru are not in accordance with the Child Protection Act No. 35 of 2014 due to the decision Pekanbaru District Court judge ruled that was too low for the defendant. The third concept is ideal in the imposition of sanctions for the crime of children into commercial sex work is with the aim of achieving justice, rule of law and social benefit for the community.Suggestions Writer, first suggested to the judge in order to impose a more severe punishment against the defendant so the defendant can get a deterrent effect because the child still has a long future. Because the goal of the law is that the law should reflect justice. Second, the judge hoped to be able to make a decision as it is in the Act. If the judge's decision is too low it will not be able to give deterrent effect to the perpetrators of child pengekspoitasi. Judges should always strive to improve ourselves. The third is expected that the implementation of the concept is ideal for the judge, the judge must be able to meet the three elements of justice, rule of law and social benefit for the community. Judges should add to the experience, and can sharpen the analysis in order to reach a decision that is considered unfair to the defendant and the public.Keywords: Implementation of Sanctions - Crime of the Child - Commercial Sex Workers
GAGASAN KEWENANGAN MAHKAMAH KONSTITUSI DALAM MENYELESAIKAN PERKARA CONSTITUTIONAL COMPLAINT BERDASARKAN UNDANG-UNDANG DASAR 1945 Indah Permata Sari; Mexsasai Indra; Junaidi '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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The Constitution of the Republic Indonesia 1945 and law of No. 8 of 2011 about Constitutional court haven’t constitutional complaint as constitutional court’s authority.that’s because be important to think again will add constitutional court’s authority to complete about constitutional complaint that violation of constitutional right that there is no path of its legal settlement can be handled by the constitutional court. The kind of research can be classified normative law research. The idea of the authority of the constitutional court in resolving constitutional complaint’s matter through constitutional court is to revise the constitution in 1945 order to broaden the interpretation of the authority possessed by the constitutional court.Keyword: Authority – Constitutional court – Constitutional complaint

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