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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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PENGUATAN FUNGSI LEGISLASI DEWAN PERWAKILAN DAERAH REPUBLIK INDONESIA MELALUI AMANDEMEN UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 Saputra, Randi; Firdaus, Emilda; Artina, Dessy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Abstract

The Regional Representative Council of the Republic of Indonesia is one of the state institutions established on the basis of reform. This institution is formed so that regional aspirations and interests within the state can be realized in advancing the state based on Pancasila. But in the 1945 Constitution of the Republic of Indonesia the regulation governing the authority of this legislative body is very limited, so far we understand one of the most important functions is the legislative function of this institution, but what happens if the arrangement in the country's own basis does not explain Functions against this institution. As in Article 22D Paragraphs (1) and (2) of the Regional Representative Council does not participate in the ratification of a draft Law, this is where the role of regional representatives is to preserve the aspirations of the region, even though Decision Number 92 / PUU-X / 2012 has been issued by The Supreme Court on the return of legislative function of DPD, still DPD does not arrive at approval stage in a decision making.Research methods in this research, first, the type of research is normative law and descriptive analysis. Both data sources are supported by primary, secondary and tertiary data sources. Third, the data collection technique used is literature study. After the collected data are analyzed in a qualitative way and draw conclusions with the method of thinking dedukti that is analyzing the problems of the general form of special form.From the results of this study there are two things that can be concluded, firstly, that the existence of the Regional Representative Council of the Republic of Indonesia in performing the function of limited legislation by the arrangement in the 1945 Constitution of the Republic of Indonesia on mutual agreement on the draft Law. Although there has been a decision of the Constitutional Court Number 92 / PUU-X / 2012 but it has not been able to fulfill the DPD legislation function against mutual agreement in the draft Law, because the judge only gives interpretation of the Law and not changes to the constitution. Secondly, it is understood that DPD is a representative institution of regions in Indonesia which have different interests at the national level and if not fulfilled the worst possibility of division, in this case it is expected to return the legislative function that is real to the Regional Representative Council by changing The articles contained in the body of the 1945 Constitution of the Republic of Indonesia in other words the strengthening of functions by way of Amendment of the Constitution of the Republic of Indonesia.Keywords: Strengthening Functions, Legislation, Regional Representative Council, Amendments, Laws.
PENERAPAN PASAL 385 AYAT 4 KITAB UNDANG-UNDANG HUKUM ACARA PIDANA PADA PUTUSAN NOMOR 346 Pid.B/2011/Pn.Pbr DILIHAT DARI KONSEP KEPEMILIKAN TANAH MENURUT HUKUM ADAT ', Margain; ', Erdianto; Hendra, Rahmad
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Prior to the enactment of the law the land sector in Indonesia, the applicable rules of customary law, as is also recognized in Article 5 of Law No. 5 of 1960 on the Basic Regulation of Agrarian. On that basis, the status of land ownership in Indonesia is not necessarily seen by the formal proof in the form of a letter or deed their land as intended by the Act Agrarian land ownership on the basis of customary law is still recognized. This dualism resulting in disputes about the status of land ownership in practice.As for the purpose of writing this paper is to investigate the application of criminal law article 385 paragraph 4 of the rules of evidence as stipulated in the law on criminal procedure and to determine the legal considerations of the judges in the decision on the criminal case No. 346 / Pid.B / 2011 / PN.PBR seen from the concept of land ownership under customary law.This type of research is a normative legal research in the form of studies document / case, because the research conducted by Docket No. 346 / Pid.B / 2011 / PN.PBR, in conclusion, the author uses the inductive method is by way of drawing conclusions from things Special character (from the data obtained from the study) the provisions of general law.In application of Article 385 paragraph 4 of scams there are elements which would conflict with land ownership customary law because the legal concept of land in Indonesia that adheres stelsel negative berunsurkan positive segingga the right base of the country does not ensure the full ownership of the land, meaning there's still other evidence such as physical evidence and other evidence and can be used as guidelines for judges in sentencing for this article related to land ownership. The judges' verdict likely to be taken in terms of formality so that it will ignore the sense of justice in the society where judges regarded as most people know the lawKeywords: Application - Fraud - Land Owners - Indigenous
Kebijakan Hukum Pidana Dalam Perlindungan Hukum Terhadap Anak Sebagai Korban Pelecehan Seksual Di Kota Pekanbaru Oleh Lembaga Perlindungan Anak Provinsi Riau Fajar Yuda Utomo; Emilda Firdaus; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Abstract

Human rights are fundamental rights that are naturally inherent in human beings, is universal, and bestowed by God Almighty. In the protection of human rights, children are also included in it. Child is a person under 18 (eighteen), including children who are still in the womb. Child protection efforts should be initiated as early as possible, but the reality is still often heard children become victims of sexual abuse. In Indonesia there is an independent state agency whose functions do safeguard and improve the welfare of children, the institution in question is the Indonesian Child Protection Agency, while for the Province of Riau Riau Provincial Child Protection Agency. Based on data obtained from LPA Riau province on the issue of child protection in the city of Pekanbaru, many child abuse cases that occur each year, and the most numerous cases are cases of sexual harassment, as well as the number of cases is increasing in the last three years. In this case relates to the settlement of cases of children who are victims of sexual harassment in the city of Pekanbaru by the Child Protection Agency in Riau province. The purpose of this thesis, namely First, Policy Criminal Law In the Legal Protection Against Children As Victims of Sexual Abuse in the city of Pekanbaru by the Child Protection Agency in Riau, Second, obstacles encountered in Legal Protection Against Children As Victims of Sexual Abuse in the city of Pekanbaru by Protection Agency Children's Riau Province, Third, efforts are being made to overcome the obstacles in Legal Protection Against Children As Victims of Sexual Abuse in the city of Pekanbaru by the child Protection Agency in Riau province.This type of research can be classified in this type of sociological juridical research, because this research author directly conduct research on the location or point studied to provide complete and clear picture of the issues examined. This research was conducted at the Child Protection Agency of Riau province, while the sample population is a whole party with regard to the issues examined in this study, the data source digunakanyakni primary data, secondary data, and the data tertiary, data collection techniques in this study carried out by questionnaires, interviews, and review of the literature.From the research there are three main issues that can be inferred. First, the Child Protection Agency (LPA) Riau Province is an independent state agency in charge of supervising, and resolving cases of violation of children that occurred in the province of Riau. Second, the constraints faced by LPA Riau Province in providing legal protection to children as victims of sexual abuse there are two (2) factors, internal factors and external factors. Third, efforts made by the Child Protection Agency of Riau Province in overcoming obstacles in the legal protection of children as victims of sexual abuse in the city of Pekanbaru has two attempts namely through the preventive and repressive efforts. Suggestions Author, First, in preventing and combating the crime of sexual abuse is expected to continue to do the proper preventive measures such as socialization, workshops, and others. Second, the legal protection of children as victims of sexual abuse committed by LPA Riau province needs to fix the internal factors and external factors.Keywords: Child Protection Agency - Children Victims - Sexual Harassment
PELAKSANAAN PERLINDUNGAN HAK TERSANGKA DALAM MEMBERIKAN KETERANGAN SECARA BEBAS PADA TINGKAT PENYIDIKAN DI KEPOLISIAN SEKTOR LIMAPULUH KOTA PEKANBARU Firman Saputra. A; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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In each stage of the examination, especially in the examination at the stage of investigation, the right to give particulars had to be given to the suspect. As set out in Article 52 of Law No. 8 of 1981 on Criminal Procedure, there is said that: In the inspection process at the level of investigation and trial, the suspect or defendant is entitled to give information freely to the investigator or a judge. It is clear that the suspect or defendant since under examination at the level of investigation has been allowed to enjoy or acquire rights, one of which is the right to testify freely. Where the rights of the accused constitute a guarantee of human rights.This type of research is classified as socio-juridical research, because this research author directly conduct research on the location or point examined in order to provide a complete and clear picture of the issues examined. This research was conducted in the Police Sector Fifty cities 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 the data tertiary, data collection techniques in this research with interviews, questionnaires, and literature study.The research problems are, among others: first, How the implementation of the protection of the rights of suspects in providing information freely on the level of investigation in the Police Sector Fifty cities Pekanbaru, second, whether the obstacles in the implementation of the protection of the rights of suspects in providing information freely on the level of investigation in the Police Sector Fifty cities Pekanbaru, third, how to overcome obstacles in the implementation of the protection of rights of the accused freely testified at the level of investigation in the Police Sector Fifty cities Pekanbaru. Results of the study are: first, Implementation protection of the rights of suspects in providing information freely to the process of checking the level of investigation in police Fifty cities Pekanbaru is still not running well, because in practice is still a suspect who feels that he does not get this right, second, Areas of law enforcement officers, community factors, factors issues infrastructure is not maximized, third, police were professional and high integrity, existence of facilities and pre adequate facilities, implement and uphold human rights, community participation and outreach to the community so that people know rights and obligations.Keywords: Rights of Suspects - Description Freely - Investigation
THE AGREEMENT OF BORROWING MONEY FROM THE VILLAGE OWNED ENTERPRISES (BUMDes) JAYA LESTARI FOR SMALL ENTREPRENEURS KIJANG REJO DISTRICT TAPUNG KAMPAR DISTRICT Muhammad Ardiansyah; Maryati Bachtiar; Dasrol '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Village owned enterprises (BUMDes) is form of cooperatives village, but with a name change, so the village-owned enterprises is not much different from the cooperative, which is a business entity consisting of persons or legal entities cooperative with the bases activity based on the principle of cooperation well as people's economic movement based on the principle of kinship. Cooperative aims for the welfare of its members. This research is located in BUMDes Jaya Lestari Jl. Saebani Kijang Rejo village Kec.Tapung Kab.Kampar. The purpose of this study was to determine the lending operations of credit in BUMDes Jaya Lestari and to find out how the settlement when the event of default in BUMDes Jaya Lestari. The method used in this research is the method of sociological research is research on the effectiveness of the law in force or a study of legal identification. In collecting data the author uses methods Interviews, namely data collection tool in the form of question and answer directly between the researcher and the debtor is to conduct interviews with the Chief Director BUMDes Jaya Lestari and has been prepared in advance of equipment used during the interview that the interview guides and study literature, the method collecting data from literature to support the primary data. The results of the authors are their written agreement as evidenced by the Lending Agreement (SP2K), Magnitude Interest Rate on BUMDes Jaya Lestari by 15% - 16% per year. Terms and conditions of lending money at BUMDes Jaya Lestari the authors see the whole field is Kijang Rejo village community and that having Enterprises. Means of dispute resolution when it occurs in BUMDes Jaya sustainable, the reprimand or a warning letter given by the BUMDes Jaya Lestari also sanctions are applied.Keywords : BUMDes, Agreement of borrowing money
PENERAPAN PENCORETAN (ROYA) JAMINAN FIDUSIA DALAM PERJANJIAN PEMBIAYAAN ANTARA PERSEROAN TERBATAS PEGADAIAN (PERSERO) DAN NASABAH DI KOTA PEKANBARU LOLA VITA LOKA PURBA; Firdaus '; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Economic development requires substantial funds and to meet the needs of the fund established financing institutions that can help such large funding requirements. one of the financial institutions is that channeling funds through the pawn shops pawn system and then to help the government program to help small and medium enterprises, the pawnshops accept collateral with fidusia and based one of which is a Limited Liability Company Pawn (Persero).Fiduciary guarantee the transfer of ownership of an object on the basis of trust with the provision that transferred ownership rights object is retained by the owner, and the fiduciary must register with the registration office fiduciary and Mortgage Company Limited (Persero) branch of Pekanbaru City always register but enactment law also regulates the deletion fiduciary after customers paid off debt and Pawn party never do that. the purpose of this thesis was to determine (1) The write-off (Roya) fiduciary between Mortgage Company Limited (Persero) and customers in the city of Pekanbaru (2) the efforts made Pawn Company Limited (Persero) in addressing the problem of deletion (Roya).This study uses a kind of sociological research the correlation between law and society. This study also uses primary data, secondary data and data tertiary. From the research we concluded that in the application of the write-off (Roya) fiduciary in the financing agreement between the Company Limited Pawn (Persero) and customers in the city of Pekanbaru is not in accordance with the legislation in force despite all fiduciary registered but after debt clients paid off never do deletion (roya). In an effort to overcome the problem of the party Roya Pawn Company Limited (Persero) did not make any effort caused during this time they have never had a problem with not doing it and remain that they can re-enroll the same object even if the certificate has not been done previously deletion (Roya).Keywords: Application - Fiduciary - Roya
PEMBERIAN JASA HUKUM DALAM PERKARA PIDANA OLEH ADVOKAT YANG BELUM TERDAFTAR BERDASARKAN UNDANG-UNDANG NOMOR 18 TAHUN 2003 TENTANG ADVOKAT DAN PUTUSAN MAHKAMAH KONSTITUSI NOMOR 6 TAHUN 2004 Buana, Kelbi Fadila; Indra, Mexsasai; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Registered and unregistered advocates are one of the law enforcers who are assigned to provide legal aid or legal services to people facing legal issues. In article 1, paragraph 1 of the Law of 2003 on advocacy explains that in carrying out its duties advocates include good work done in court (litigation) or out of court (non ligitasi). For unregistered advocates can provide legal services with non-litigation task that is outside the court such as providing consultation, mediation and so forth. The purpose of this study is to determine the regulation of legal services in criminal cases by advocates who have not registered under Law No. 18 of 2003 on Advocates and Decisions of the Constitutional Court Number 6 Year 2004 and to determine the form of responsibility of providing legal services in criminal cases by advocates who Has not been registered pursuant to Law Number 18 Year 2003 regarding Advocate and Constitutional Court Decision Number 6 Year 2004.This type of research is normative legal research that focuses on the level of legal syncrosion with document studies about the provision of legal services in criminal cases by advocates who have not registered under Law No. 18 of 2003 on Advocates and Decisions of the Constitutional Court Number 6 Year 2004 while when viewed fromtThe nature of this research is descriptive. This research uses secondary data that has been so.The result of this study is the regulation of providing legal services in criminal cases by advocates who have not registered under Law No. 18 of 2003 on Advocates and Constitutional Court Decision Number 6 of 2004 that the provision of legal services is not limited only by advocates, especially legal services outside the court. In the verdict, it does not merely express non binding provisions of Article 31 but also at the same time removes restrictions that only advocates are allowed to practice legal services. Outside advocates are not prohibited to provide legal services as long as the interests require and not contrary to the laws and regulations. The form of accountability for the provision of legal services in a criminal case by an advocate who has not been registered pursuant to Law Number 18 Year 2003 regarding Advocate is in the form of oral reprimands, written warning, temporary discharge from his profession for 3 (three) to 12 (twelve) months and permanent dismissal of his profession. Based on the decision of the Constitutional Court Number 6 Year 2004 adjusted to Law Number 18 Year 2003 regarding Advocate.Keywords: Legal services, unregistered advocates.
PENERAPAN PRINSIP GOOD FAITH BAGI DIREKSI PERSEROAN TERBATAS BERDASARKAN UNDANG-UNDANG NOMOR 40 TAHUN 2007 TENTANG PERSEROAN TERBATAS Siltami, Frisa Ayu; 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
PELAKSANAAN PENGANGKATAN ANAK BERDASARKAN PERATURAN PEMERINTAH NOMOR 54 TAHUN 2007 TENTANG PELAKSANAAN PENGANGKATAN ANAK DI PANTI ASUHAN PUTERI AISYIAH MUHAMMDIYAH KOTA PEKANBARU Apriliani, Nuri; Bachtiar, Maryati; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Adoption is a legal act which distract a child from parental authority enviromental legal guardian. Adoption should be based on applicable laws and regulations, to prevent irregularities. Responsibility that needs to be awakened and nurtured by the adoptive parents to the adopted child is to maintain and raise, protect and guarantee their health, both physically and mentally from a variety of diseases that can harm him, educated him with a variety of knowledge and skills that are useful for life, happy child’s world and the here after by providing religius education in accordance with religius affiliations.There are obstacles in the process of adoptionand this is because : First, legislation based on the regulations are too complicated convolution, second, take a long time to comply with a rule of adoption through a court ruling, third, requires a lot of costs, while the orphanage did not provide a cost specifically in terms of adoption, because the orphanage more emphasizes the social function to alleviate children with social problems.
ANALISIS YURIDIS GAGASAN PEMBERLAKUAN KEMBALI GARIS BESAR HALUAN NEGARA (GBHN) SEBAGAI PANDUAN PEMBANGUNAN NASIONAL PASCA AMENDEMEN. Triandi Bimankalid; Dodi Haryono; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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After Amendment of the Constitution Republic of Indonesia in 1945, all of the component through their representatives in the Assembly agreed to eliminate the outline of the state policy of the Constitution of the Republic of Indonesia in 1945. The loss of the guidelines on policy in the constitution as and effects of the passing reformation. When the guidelines on policy as a national planning system, the idea to return the guidelines on policies to guide their national development make a lot of disappointment from many side of the constructor process who its outputs and outcomes are not as prescribed by the Constitution. Therefore, the purpose of this essay; First, to determine the urgency of the idea of resetting the Guidelines as a policy guide after changes in national development; Second, to determine the effects of Entry Aid Guidelines back on the institutional structure of the General Assembly.The type of research is used in the writing of this law is a normative legal research. Through the use of the method described in the literature, uses the data source, the primary data, secondary data and the data tertiary, data collection techniques in this study by means of a series of operations of the collection of data with the qualitative analysis that the descriptive data produces, by the study of the literature.The investigation there are two important things that can be inferred. First. Guidelines led to the re-enactment of urgency for their disappointment stakeholder development to concerned about the limited perspective elected president or head of the region, causing inequality in the development of the different regions. As stated guidelines Sovereignty Concrete embodiment seen from the formation process, it is called as reinforcement of checks and balances Principles directives, guidelines called proven ability to achieve national development a more successful, consistent and durable. Second, the implication is that if the desire to form the guidelines do not differ much with the guidelines, when the era of the Old Order and New Order, which is to return to the position of the Assembly as the highest institution and at the same time as the holder of sovereignty. During think giving a legal basis to control the legislative Act, the position of the Assembly as the highest setting is automatically revived and achievement system and Balances .. Sugestion author First come, the Institute of the General Assembly need not be included on the reintroduction of the guidelines in the plan amendment. Second, in addition SPPN reference development planning, planning should also be guided by the culture and customs of the local population, so the results permbangunan quickly accepted by the public.Keywords: GBHN-Amendement -MPR

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