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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 2,558 Documents
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PENERAPAN UPAYA DAMAI OLEH PIHAK KEPOLISIAN DALAM PENYELESAIAN PERKARA TINDAK PIDANA DI WILAYAH KEPOLISIAN SEKTOR LIMA PULUH KOTA PEKANBARU Novem S Hutauruk; Mukhlis R; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

In the Indonesian criminal law is not known peace efforts, but the reality on the ground often occurs through a peace settlement that criminal investigation of a criminal case can be stopped. Based on this fact, there are three formulation of the problem in writing this essay, namely: How does the application of the First peace efforts by the police against criminal assault on Police Jurisdiction Lima puluh Pekanbaru?, Both juridical What are the constraints faced by the police in the implementation effort peace by the police against criminal assault on police jurisdiction Lima puluh Pekanbaru?, third, How the efforts made by the police in overcoming obstacles in the application of the juridical peace efforts by the police against criminal assault on police jurisdiction Lima puluh Pekanbaru?The research method in this study is a qualitative research method with empirical juridical or legal sociological research. Data sources supported by primary and secondary data sources. Data collection techniques used were interviews and review of literature. After the data collected was then analyzed qualitatively, and draw conclusions with deductive thinking method is to analyze the problems of the general form to a specific shape.From the results of research and discussion, it can be concluded that, Mechanisms for resolving criminal cases through peaceful means or through some process steps, namely, receipt of the report, calling witnesses, the case and the application of article titles, peace between the complainant and reported his case for peace efforts, decision of whether or not the legitimate leader of the peace efforts, create a dossier reporting witness back reporting witness back, revocation reports, and the reporting and photo reported and witnesses as well as the signing of the peace. The juridical obstacles in its implementation, namely the lack of rules in the legislation governing the implementation of the peace efforts by investigators in the completion of a criminal offense, status and nature of the Indonesian Penal Code as a public law that requires completion of a criminal case through the criminal justice system there, setting the implementation of police discretion contained in the Act does not provide a detailed and clear explanation of how the procedures of police discretion and the limits of the implementation of police discretion and laws that have multi language interpretation. Then made several attempts to overcome these obstacles by promoting juridical norms and customary habits in society, upholding the principles of restorative justice, the possibilities were proposed legislation changes both the Criminal Code and the Law on Police, as well as enhancing the ability of the police in the understanding of the legislation in force.
PERANAN KEPOLISIAN DALAM PENCEGAHAN TINDAK PIDANA YANG DILAKUKAN OLEH ANAK DI WILAYAH HUKUM POLISI RESORT KOTA PEKANBARU Muhammad Fathra Fahasta; Dodi Haryono; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Abstract

Police have the legal legally in the form of the draft Criminal Law (KUHP) and Act No. 23 of 2002 on Child Protection, but the reality is the presence of children committing criminal offenses and recently in the form of child crime criminal act occurred pekanbaru town like, assault, sexual abuse, and drug abuse to the extent to which the role of the police in the prevention of criminal offenses committed by children in the jurisdiction of Police Resort Pekanbaru.
PELAKSANAAN PENEGAKAN HUKUM TINDAK PIDANA JUDI TOGEL BERDASARKAN KITAB UNDANG-UNDANG HUKUM PIDANA DI WILAYAH HUKUM KEPOLISIAN RESOR KAMPAR Hamdan '; Syaifullah Yophi; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Abstract

Kampar adistrictin the city dubbed the porch mecca, butthe nicknameis juststay porch mecca name alone, whichhas beendam agedbythe community withactionsor adverseactions that are contrary tolawand religious norms. one of the formsof these adverseperbutanisgambling, various forms ofgambling, (kiw-kiw, song, cockfighting, toggle etc.), writing this essay, namely; First Kampar Knowin gand understanding the implementation of law enforcemen tagainst criminal acts gambling toggle based onthe Code of Criminal Policein thearea of Kampar Both Knowin gandunder standing the factor sinhibiting the implementation of law enforcementagainstcriminal actsgambling togglebased onCode ofCriminal Lawin Police Kampar region. Third, Knowingandunder standing theef fortto overcomethe obstaclesin the implementation oflaw enforcemen tagainst criminal acts gambling toggle based onthe Code of Criminal Policein thearea of Kampar. This type of researchis classified intotypes ofsociologicalresearch, ieresearch on theeffectiveness of the lawin force, the nature ofthisresearchisdescriptive research thatdescribesystematicallythe facts andcharacteristics ofthe object under study appropriately.From the research, there arethree main problem sthatcan beinferred. First, law enforcemen tagainst criminal acts gambling lottery jurisdiction sKampar Policeconductedlaw enforcemen tpreventiveand repressive law enforcement. Secondly, Constraints facedin theenforcement ofcriminal lawgambling toggle. AdviceAuthor, First, Kampar Police Shouldbeworking hardagainin oreradicatethe crime of lottery gamblingin the communityso thatthe community teci safe, peaceful, serene andrealization backporch meccadistrict. second, Kampar Police shouldbecloser tothe peopleso thatthe information submittedwell receivedthatcan be interconnected witheach other informed. Thirdly, For the people ofKampar Regencyin order notto cover upanylotterygamblingactionoccurs, ifthe gambling actstill continuesto eimmediately reportedto the police, the crime of gambling togglethatcan beeradicatedthroughthe roots.
TANGGUNG JAWAB PENJUAL TERHADAP TANAH YANG BERSENGKETA Manik, Rahmat GM; ', Firdaus; Hendra, Rahmad
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Abstract

Land as a commodity that can be owned by the public, transferable ownership rights, one way transfer of land rights is through buying and selling. In the process of buying and selling land, the land status of the trade is very important. Because the common phenomenon of buying and selling land that was in dispute. The sale and purchase of land under customary law adopts cash, real and bright, meaning that every relationship should look real and concrete. Means of direct cash payments when buying and selling process, the real meaning of buying and selling land as a real object, and the light means buying and selling is done in front of the authorities. Today the frequent buying and selling land that is in dispute, of course it would be detrimental to the buyer. Land dispute itself has not decided who is entitled by law to have it, but routed through buying and selling. When there is a third party that will disturb the tranquility of the buyer to control the land he bought.Issues that will be examined in this study are: First, whether the land in dispute can be the object of buying and selling? Second, if the seller is responsible for the land in dispute?This research is a normative legal research. This discussion is more to discuss about an analysis of the law written in the book. Source of data used is the source of the data obtained from the study of literature, among others, include official documents, books, research results in the form of reports and so on. Data was analyzed qualitatively in drawing conclusions using deductive thinking.The results of this study are first, that the land was in dispute can not be transferred, because the land rights dispute itself is still up for grabs. Certainly not qualify agreement is valid lawful reason. Second, the seller is responsible in conflict over land dispute traded. Because the law states that the seller shall ensure and bear the traded goods. Advice from the author of First, the land in dispute should not be traded, because the rights of the land is not yet clear, Secondly, the land in dispute Seller shall be liable for damages arising from the sale and purchase of land in dispute.
KEDUDUKAN ANAK AKIBAT PEMBATALAN PERKAWINAN DITINJAU DARI UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN Fuad Buchari; Maryati Bachtiar; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Abstract

The phenomenon of marriage's cancellation often happenned in Indonesian society today. When a marriage does not fulfill the terms marriage, then the marriage can be canceled. With the result of the marriage's cancellation its means consider the marriage was breaking up and never happened. As a result, there are some aggrieved party as a child. Law No. 1 Year 1974 About Marriage and Government Regulation No. 9 of 1975 does not regulate in detail the position of the child if both parents marriage was canceled. While between children and parents have strong legal relationship, including in terms of inheritance and guardianship. In Article 42 of Law No. 1 of 1974 concerning marriages mentioned that the legitimate child is the child who born in or out of marriage as valid, while valid marriage is a marriage that qualifies validity of marriage.
KEBIJAKAN PEMERINTAH INDONESIA DALAM PENERAPAN BEA MASUK ANTIDUMPING TERHADAP PRODUK IMPOR TEKSTIL DARI NEGARA INDIA DITINAJU BERDASARKAN UNDANG UNDANG NOMOR 7 TAHUN 1994 TENTANG PENGESAHAN AGREEMETNT ESTABLISHING THE WORLD TRADE ORAGIZATION Kaur, Dharamjit; Bachtiar, Maryati; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Abstract

Textile products is one of our advantages in trade, both in the country and the needs of international trade. However, as the development of technology is also growing textile products imported into the country's domestic market share. The surge in imports of textiles course has become a threat to the domestic industry. Circumstances such as this led to Indonesia must take protective action, in terms of protection through policy. Bilateral relations between the Indian Inodnesia has happened quite a long time d lam trade is not an excuse for not doing the best for his country's security. By applying customs duties on imports of textile products the government also must maintain a balance against importers of textiles and other domestic industries. As for the formulation of the problem, How Indonesian government policy in the determination of anti-dumping duties on textile products from India are reviewed based on Law No. 7 on Ratification of Agreement Establishing the World Trade Organization in 1994, How the Indonesian government oversight in the implementation of import duties anti-dumping on imports of textiles from India to be reviewed under the national law. Writer used socio-juridical approach is a method, which is doing research in the Ministry of Trade, Indonesia Antidumping Committee, the Directorate General of Customs and Excise.Indonesia is a member of the World Trade Organization Indonesia has ratified the treaty attachments kesuluruhan The General Agreement on Tariffs and Trade (GATT) into Act No. 7 of 1994 on Ratification of the Agreement Establishing the World Trade Organization. In this legislation explained that the state must make proof of dumping that goes to the country. In addition, Indonesia also born due Indonesian policy provides protection role. If proven so, the State may conduct antidumping protection measures. One of them is by applying anti-dumping duties. In conducting the investigation committee is as agency that will conduct the investigation in proving that the product is a product dumping has handled several cases and cases of dumping textiles from India. In the implementation process will be implemented by the Directorate General of Customs and Excise in the menerpakan duties. However, often the process is different in every region dilakakukan. Law No. 17 of 2006 on Customs. With the present law excise duty and perform tasks in the application of customs duties. Import duties are given in order to provide protection to the domestic industry. However, the duty does not become a barrier for other textile imports.Indonesia as a developing country should guarantee the legal certainty of international trade that are open and fair. In terms of competition with foreign products should preferably Indonesia in energy, it will advance the industry tips. Not only are given protection, but given the ease of doing international trade.Keywords: Legal Protection Textile Import Ageement--GATT-Dumping
POLITIK HUKUM PERUBAHAN UNDANG-UNDANG NOMOR 24 TAHUN 2003 TENTANG MAHKAMAH KONSTITUSI MENJADI UNDANG-UNDANG NOMOR 8 TAHUN 2011 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 24 TAHUN 2003 TENTANG MAHKAMAH KONSTITUSI Ahmad, Fandi; Firdaus, Emilda; ', Junaidi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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The Constitutional Court is one of the principals of judicial power as defined in the Indonesian Constitution of 1945. Constitutional Court also referred as the guardian of the constitution which was mandated by the Indonesian Constitution of 1945. The first legislation governing the Constitutional Court is Act No. 24 Year 2003 about Constitutional Court and the latest legislation,is Act No. 8 Year 2011 on about Amendment to Law Number 24 year 2003 about the Constitutional Court. The release of Act No. 8 Year 2011, making the assumption that this law was formed due to political intervention.The purpose of this research is: first, to determine the legal politics of changes Act No. 24 year 2003 to Act No. 8 year 2011 about Amendment of the Act No. 24 year 2003 about the Constitutional Court. Second, to determine the implications of Act No. 8 year 2011 about Amendment of the Act No. 24 year 2003 about the Constitutional Court toward the Constitutional Court. Third, to determine the implications of the Constitutional Court Decision No. 49/PUU-IX/2011 toward the authority of the Constitutional Court. Research used is also called normative or literature legal research. Because using the literature as a major cornerstone in conducting this research.From this research and discussion, it is concluded that: First, The legal politics changes the Act No. 24 of 2003 about the Constitutional Court into Act No. 8 of 2011 about the Amendment of Act No. 24 Year 2003 about the Constitutional Court is with the changes occurring the Basic Law of the Constitutional Court appears that the executive and legislative changes that weaken or strengthen the authority of the Constitutional Court. Second, the implications of Act No. 8 Year 2011 to the Constitutional Court, it is change the authority of Constitutional Court. It makes weaken and strengthen the Constitutional Court. The legislator should provide reinforcement not weakens because the Constitutional Court is the only institution which has the authority to interpret the Indonesian Constitution of 1945. Third, the decision of the Constitutional Court No. 49/PUU-IX/2011 affect the Constitutional Court being the State institution which is free from the political interests of the legislators who want to control the Constitutional Court and also become the state institutions that are not supervised by other State institution.Keywords : Counstitutional Court - Legal Policy - Authority
TINJAUAN YURIDIS PENYELESAIAN SENGKETA LIMA DESA ANTARA KABUPATEN KAMPAR DENGAN KABUPETEN ROKAN HULU Pratama, Angga; Indra, Mexsasai
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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One corollary of the doctrine of territorial decentralization in particularbore the tiered system of government, which in the context of the system ofadministration commonly known in Indonesia with the central government(central government) and local government (local government). In the context ofthe Unitary Republic of Indonesia (Republic of Indonesia) the establishment oflocal government is a process that has been, is and will be ongoing. Done throughthe formation of regional expansion, the region that gave birth to the process ofexpansion of new regional governments although philosophically intended toconduct regional arrangement, in fact also leaves many issues one of them aborder dispute between Kampar regency with Rokan Hulu is related that fivevillage , village of Muara Intan, Intan Jaya, Rambah Samo, Tanah Datar, RimbaJaya, and Rimba Makmur. The occurrence of the border dispute between theKampar Regency of Rokan Hulu certainly cause a lot of problems in society, onethat is fundamental to the uncertainty yuridisdiksi disputed territory, then thepublic administrative services, community identity and political rights of thepeople. Of course it should look for a solution see already so many rules thatestablish the village setatus five. therefore the purpose of this thesis, namely; FirstLegal Aspects of Settlement between Kampar Regency Village Five with RokanHulu. The second implication of Juridical five disputed village on theimplementation of the Government.This type of research is classified in this type of normative research,because in this peneletian authors conducted a study of the principles of law andlegal systematics. While the source of the data used is using secondary data. Datacollection techniques in this study the authors use the method of assessmentliterature or documentary studies.From the research problem, there are two main things that inferred. Thefirst aspect of the legal dispute between Kampar five village with Rokan Hulu related closely with the region of Constitutional Law relating to AdministrativeLaw Second Border Dispute implications for the implementation of obscurity.Advice Writers, First Minister of the Interior to immediately execute the SupremeCourt Decision No. 395 K/TUN/2011 as respect for the rule of law. Both theGovernment of Kampar and Rokan Hulu district in order to promote the interestsof the five village communities in the village liam menyelesaiakan dispute. Third,as an ideal law, the future of dispute resolution required an integrated border.Keywords:-Dispute- Resolution-Boundary- Region
IMPLEMENTASI PEMENUHAN HAK PENYANDANG CACAT DALAM MEMPEROLEH PEKERJAAN PADA PERUSAHAAN NEGARA DAN SWASTA DI KOTA PEKANBARU BERDASARKAN UNDANG-UNDANG NOMOR 4 TAHUN 1997 TENTANG PENYANDANG CACAT Rizano '; Firdaus '; Mexsasai Indra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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The Republic of Indonesia is known as the state that carries the idea of a welfare state (welfare state) this is because in the preamble to the Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 are one of the country's goal is to express the idea of the welfare state. The aim is to achieve a welfare state and welfare society prosperity where in this country and the means of its equipment or apparatus to serve the interests and welfare prosperity community, including providing social security, such as health service, poor maintenance and security neglected children. There are several legal instruments that are born to protect the rights of disabled people to work, they carry are listed in the Undang-Undang Dasar Negara Republik Indonesia Tahun 1945, Undang-Undang Nomor 4 Tahun 1997 Tentang Penyandang Cacat, Undang-Undang Nomor 19 Tahun 2011 Tentang Pengesahaan Konvensi Mengenai Hak-Hak Penyandang Disabilitas, Undang-Undang Nomor 39 Tahun 1999 Tentang Hak Asasi Manusia Undang-Undang Nomor 13 Tahun 2003 Tentang Ketenagakerjaan, Undang Dasar Negara Republik Indonesia Tahun 1945 dan Peraturan Pemerintah Republik Indonesia Nomor 43 Tahun 1998 Tentang Upaya Peningkatan Kesejateraan Sosial Penyandang Cacat.The purpose of this study is to investigate the implementation of the fulfillment of the rights of people with disabilities to obtain employment in the state and private companies in the city of Pekanbaru as well as the constraints and what efforts the fulfillment implementation rights of disabled people in obtaining employment in the city of Pekanbaru.This study is a descriptive sociological research, which consists of primary data, secondary and tertiary. Data collection tools such as interviews and literature study. The data have been collected and will be analyzed qualitatively grouped and diseimpulkan deductively.Implementation of the fulfillment of rights of persons with disabilities in obtaining employment in the state and private companies in the city of Pekanbaru is currently not running at max, because there are many companies that exist in the city of Pekanbaru kewajibanmya not implement quotas to people with disabilities with 1: 100, even though the law has been set clear penalties for companies who violate. Although there are still many companies that employ more than 100 people turned out to not hire a single person with a disability. But the fact is there are many people with disabilities who have not guaranteed the fulfillment of their right to work. Keywords: Human Rights, People with Disabilities, Employment
EFEKTIVITAS PELAKSANAAN PERATURAN DAERAH NOMOR 14 TAHUN 2012 TENTANG RETRIBUSI IZIN TRAYEK DI KOTA PEKANBARU TAHUN 2013 Suwandi, Evita; Indra, Mexsasai; Ghafur, Abdul
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Effectiveness of the implementation of the Regional Regulation No. 14 Year 2012 on Route Permits in Pekanbaru city in 2013 had not been effective. It can be seen from some licensing issues that do not stretch done / taken care of by the owners of the transport business in the city of Pekanbaru. The purpose of this thesis to determine, first, the effectiveness of the implementation of the Regional Regulation No. 14 Year 2012 on Route Permits in Pekanbaru city in 2013 Secondly, the obstacles encountered in the implementation of the Regional Regulation No. 14 Year 2012 on Route Permits in Pekanbaru city in 2013. third, the efforts of the Department of Transportation, the city of Pekanbaru to overcome obstacles in the implementation of the Regional Regulation No. 14 year 2012 on Route Permits in Pekanbaru city in 2013.Effectiveness - Implementation - Regional Regulation

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