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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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PELAKSANAAN KETENTUAN PIDANA PERATURAN DAERAH KOTA PEKANBARU NOMOR 2 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN DI KOTA PEKANBARU TERHADAP PELAKU PENGELOLA PARKIR LIAR DI LINGKUNGAN LUAR SEKOLAH MENENGAH PERTAMA NEGERI DI KECAMATAN MARPOYAN DAMAI KOTA PEKANBARU Indra Tua Hasangapon Harahap; Erdianto '; Ferawati '
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

Regional Regulation as implementing regulations that specifically regulates Traffic and Road Transportations in Pekanbaru is Regional Regulation Number 2 year of 2009 about Traffic and Transportations in Pekanbaru. Everyone who wants to open parking area outside the road parking facilities are required to have permission from the local government which is stated in Article 259 paragraph (1) Regional Regulation No. 2 year of 2009 about Traffic and Road Transportations in Pekanbaru. However, not everyone who is opening parking area facilities have the permission of the Local Government Pekanbaru.Based on the result of the research, there are three formulation of the problems. First, the implementation of the provisions of criminal or criminal prosecution against theoffenders of illegal parking management in junior high schools area has basically done, forms of crime has been given by the Department of Transportation, Communication, and informationsof Pekanbaru are not in accordance with what has been stated in Regional Regulation Pekanbaru No. 2 year of 2009 on Traffic and Road Transportations in Pekanbaru which are imprisonment and fine. However, only punishment of fines and penalties that are not in accordance with the Regional Regulations. Second, obstacles of the implementation of the penal provisions against the offenders of illegal parking management in junior high schools area in Warpoyan Damai district in terms of personnel, in terms of casualties, and the terms of their perpetrators.Third, the efforts are being made to overcome the barriers to the implementation of the penal provisions against theoffenders of illegal parking management in junior high schools area in the District of Marpoyan Damai is in terms of personnel, in terms of casualties, and the terms of their perpetrators.Keywords: The Implementations-Parking-Regional Regulation.
PERAN PENYIDIK PEGAWAI NEGERI SIPIL DINAS KELAUTAN DAN PERIKANAN KABUPATEN KARIMUN DALAM PENYIDIKAN TERHADAP TINDAK PIDANA PENCURIAN IKAN DI WILAYAH KABUPATEN KARIMUNBERDASARKAN UNDANG-UNDANG NOMOR 45 TAHUN 2009 TENTANG PERIKANAN Devi Wahyudi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Karimun Regency are one of Regency in Riau Archipelago Province that have a teritory of sea. Since 2009 has increase the criminal of illegal fishing in sea teritory. The illegal fishing in sea was happened in Karimun Anak sea and Malacca Strait. In 2010-2012 has registered 4 case illegal fishing and 4 case has handled by Marine and Fishing agency of Karimun Regency.The problem of this research are how the situation and condition of illegal fishing in teritory sea of Karimun, how a rules of Marine and Fishing agency of Karimun Regency in handlle illegal fishing in teritory of sea and what the obstructed by Marine and Fishing agency of Karimun Regency in handlle illegal ffishing case.This reasearc use jurisdiction empiricall methodes or sosiology law research, source of data from 3 data that: primer data, secunder data and tertier data, and technic collecting data with interview and library research after collect data then analize by qualitative to answer the research problem with deductif analize.This research have a result that rule of Marine and Fishing agency of Karimun Regency to handlle the illegal fishing in sea teritory of Karimun are to supremacy of law in sea teritory with dially patrol in sea teritory. The rule of Marine and Fishing agency of Karimun Regency was not optimally because the obstructe factor are factor human resources, medium likes a ship, factor of minim budgeting, factor of weather, factor geography of Karimun and double law enforcement. Suggestion from this research are increase the quality of Marine and Fishing agency of Karimun Regency that have basic educate from Marine, increase the ship to patrol and increase the budget for Marine and Fishing agency of Karimun Regency to promote the quality of Marine and Fishing agency of Karimun Regency.Keywords : Marine and Fishing Agency Staff – Illegal fishing – Rule
PENYIDIKAN TINDAK PIDANA PEMBALAKAN LIAR OLEH KEPOLISIAN RESOR BENGKALIS BERDASARKAN UNDANG-UNDANG NOMOR 18 TAHUN 2013 TENTANG PENCEGAHAN DAN PEMBERANTASAN PERUSAKAN HUTAN DI KABUPATEN BENGKALIS FEBRI ARTISYAH; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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One of the actions that occur forest destruction is illegal. illegal logging are all activities of utilization of timber forest products illegally organized. This act is also an offense against the wild hukum.Logging has resulted in uncontrolled forest destruction. Increasing demand for wood to make people do illegal logging and timber from illegal logging is sold to companies that require the wood industry.The purpose of the study is to examine the investigation of criminal illegal logging by Police Bengkalis based on Law Number 18 Year 2013 concerning the Prevention and Eradication of forest destruction in Bengkalis, barriers Police Bengkalis in the criminal investigation illegal logging,attempt what are the do to overcome obstacles in the criminal investigation illegal logging.From this study can be concluded that the process of investigation of criminal illegal logging by Police Bengkalis based on Law Number 18 Year 2013 concerning the Prevention and Eradication of forest destruction in Bengkalis not run properly and as it should be. This is evidenced by too few criminal cases of illegal logging were able revealed by Police Bengkalis. obstacle that occur in the process of criminal investigation of illegal logging in Bengkalis Police is still a lack of quality human resources, still lack Bengkalis Police officers educated or graduate a Bachelor of Law, Police Investigator limited personnel and area, lack of facilities and amenities, Less coordination with the Department of Forestry. efforts that can be done to address the causes of the slow process of investigation criminal illegal logging by Police Bengkalis ie by Improving professional and high integrity of law enforcement officers, Holding learning activity for members of Police Bengkalis, Increase the number of personnel Investigator Police, improve facilities and existing facilities, improving coordination with the Department of Forestry. Suggestions Author,First Police Bengkalis should continue to improve its performance in dealing with any cases, Should Police Bengkalis take actions explicitly every criminal act illegal logging so that the investigation can run as expected,Should Police Bengkalis able to optimally developing partnerships with various potentials and and community members to proactively prevent crime that may be incurred as well in the disclosure of a case.Keywords: investigation-criminal act-illegal logging
TANGGUNG JAWAB GANTI RUGI ATAS PEMUTUSAN KONTRAK KERJA SEPIHAK TERHADAP PEKERJA OLEH PT.SUCOFINDO EPISI KOTA PEKANBARU BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN ERIZA, NOVI; Hanifah, Mardalena; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Article 62 of the Employment Act has stated that, If one of the parties terminate the employment relationship prematurely ended or before the work packages of certain specified in the agreement is completed or terminates the employment relationship not because the worker died, and not because the end of the employment agreement, is obliged to pay wages workers until the expiry time for a period of employment agreement.The reality on the PT. Sucofindo Episi had terminate employment before the contract expires and the company does not want to pay in full the remainder of the contract is still there, as a result of workers suffered a loss in addition to not work anymore, workers' rights have not been fully met.Keyword: Torts - Employment Contracts - Termination
PENERAPAN SANKSI TERHADAP ANAK PELAKU TINDAK PIDANA NARKOTIKA DI PENGADILAN NEGERI PEKANBARU RANA SAPUTRA; Firdaus '; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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The National Law Agency states that in the UK there has been a long history, the king has a prerogrative right to act as a parat paatariae is to protect the people who need help including children who need help, while children who commit crimes are not punished but must be protected and given assistance . Child protection came into existence by the early establishment of the Juvenile Court of 1889 at Minos Ilinois United States. Child protection is implemented in a rational, responsible and beneficial way of representing an effective and efficient business. Child protection efforts can not lead to the death of initiatives, creativity, and other things that lead to dependence on others and uncontrollable behavior, so children do not have the ability and willingness to exercise their rights and carry out their obligations. If they mature their physical and mental and social growth then their words will replace the previous generation. In Law Number 35 Year 2009 regarding Narcotics, there is no specific explanation in the criminal lawsuit against the offenders of Narcotics. Only arrangements about mandatory reporting for parents or carers from Narcotics addicts who are not old enough and the addict themselves to the public health center, the hospital, and / or medical and social rehabilitation institutions. Based on this understanding, this writing sums up three problems, Firstly, the implementation of criminal sanctions against children of narcotics offenders in Pekanbaru State Second Court, Second, Judgment in which the judge uses in determining criminal sanctions against children of narcotics offenders in the District Court of Pekanabaru the verdict has been in accordance with the Laws and Regulations.This type of research can be classified in Normative research type, because the research method used is Normative research method, that is method which researcher to discuss about legal principles, legal system, legal synchronization level, legal history and legal protection.From the research results of the problem there are three main things that can be concluded, First Implementation of criminal sanctions against the perpetrators of narcotics abuse in the area of Pekanbaru District Court should be adjusted to the applicable legislation and basically aims to provide psychological effects or deterrent to the narcotics users that the user No longer use narcotics after completing the sentence handed down by the judge. The second consideration of the judge in the application of criminal sanctions against the child of the perpetrators of narcotics crime in the Pekanbaru District Court is that the child who performs the delinquency of the handling and the settlement should be wisely and as far as possible from the intervention of the judicial system without neglecting law enforcement and justice in order to ensure that The settlement is done solely for the welfare of the child concerned and the public interest of the child who performs the delinquency and the perpetrator of the crime or the victim of narcotics addiction to the children who will be sentenced to their criminal must also be given treatment and care Author's suggestion Implementation of criminal sanctions against the child The perpetrators of Narcotics crime in the Pekanbaru District Court The application of criminal sanctions against narcotics abusers is basically aimed at giving psychological effect or deterrent to the narcotics user so that the user no longer use The narcotics after completing the sentence imposed by the judge.Keywords: Implementation Of Sanction - Child Crime - Narcotics
ANALISIS HUKUM ULTRA PETITUM PARTIUM PADA PUTUSAN HAKIM DALAM PERKARA PEMUTUSAN HUBUNGAN KERJA DI PENGADILAN HUBUNGAN INDUSTRIAL PEKANBARU ( STUDI KASUS PUTUSAN NOMOR 23/G/PDT.SUS-PHI/2015/PN.PBR) Sijabat, Sandro Imanuel; Ismi, Hayatul; ', Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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The Court decision as a product that became the first typographical arrangement of a court, must contain a comprehensive legal considerations and providing justice for the litigants. In the Industrial Relations Court verdict Pekanbaru No. 23/G/PDT.SUS-PHI/2015/PN.PBR, the judge had erred in giving consideration to the case of Termination of Employment. In consideration of judges did not notice any bad faith on the company that showed the Company do not want Jusman Zebua as a worker to return to work. In Article 178 paragraph (3) HIR and Article 189 Paragraph (2) RBg expressly stated that the judge in deciding a case should not be a decision beyond than what is sued, known as the principle of Ultra Petitum Partium. The application of this principle can be made along the verdict reflects justice. The judge in the verdict has been applying the principles of Ultra Petitum Partium with rehiring Jusman Zebua that has be terminated by the Company. But the decision to reinstate the suit does not fit the core framework so that the decision does not give it justice.The purpose of this thesis are: First to know the basic consideration of the judge at the Industrial Relations Court in the hearing and decide the case Termination No. 23/Pdt.Sus-PHI/2015/PN.PBR, second, to determine ultra partium petition at court judge's ruling Industrial relations No.23/Pdt.Sus-PHI/ 2015/PN.PBR in the case of Termination of Employment provide justice for workers / laborers.This research is a normative legal research or also called the doctrinal legal research. From the research problem there are two main things that concluded, first, the judge should give comprehensive consideration in accordance with the facts and with regard to the provisions of legislation in force so as not to cause harm to the litigants. Second, the adoption of the principle of Ultra Petitum Partium the judge's decision does not provide justice for workers/ laborers who have be terminated then the Industrial Relations Court Judges should be more careful in observing the core framework lawsuit sued by the plaintiffs in order to realize justice in the judge's decision.Keywords: Legal Analysis-Ultra Petitum Partium-Verdict Judge-Termination of Employment-The Industrial Relations Court
PELAKSANAAN CORPORATE SOCIAL RESPONSIBILITY (CSR) PADA PT. KEBUN PANTAI RAJA BERDASARKAN UNDANG-UNDANG NOMOR 40 TAHUN 2007 TENTANG PERSEROAN TERBATAS ', Suhardi; ', Firdaus; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Social responsibility and the environment that have been enjoined in Law Number 40 Year 2007 regarding Limited Liability Company, which aims at realizing sustainable economic development to improve the quality of life and the environment that are beneficial to the local community and society in general and the Company itself in the context of relations Company harmonious, balanced, and in accordance with the environment, values, norms, and local culture. As for the purpose of writing this essay, namely: First, to determine the mechanism of implementation of Corporate Social Responsibility at PT. Raja Beach Gardens in the village of Tanjung Pauh Hilir Subdistrict Singngingi. Second, to determine the measures to be implemented by PT. Palm Beach King in the implementation of Corporate Social Responsibility can improve the economy of the local community.This research is a sociological research that want to see the unity between law and society with the gap between das sollen and das sein. This research was conducted in the village of Tanjung Pauh Subdistrict Singngingi Hilir Regency Kuantan Singngingi, while the sample population is the whole party related to the issues examined in this study, the data source used, primary data and secondary data, data collection techniques in this study conducted through interviews, literature studies and questionnaires.The conclusion of this study is, for the First Implementation of corporate social responsibility on a PT. Raja Beach Gardens in the village of Tanjung Pauh Hilir Subdistrict Singingi not refer to the Riau Provincial Regulation No. 6 of 2012 on Corporate Social Responsibility in the province of Riau. The implementation of the CSR that has been done by PT Raja Beach Gardens is by giving some money to the village authorities and improvement of roads to roads that have been damaged. However, in the implementation of CSR is still found deficiencies in various fields, namely the field of development, community economic development, education, the environment and social welfare. Both efforts should be undertaken by PT. Palm Beach King in the implementation of Corporate Social Responsibility which can improve the economy of the local communities that provide training to people who do not have jobs, guidance to UMKM, to form farmer groups and provide scholarships to students and student achievementKeywords: Social Responsibility Company - Community Economic Locale - Limited Liability Company
PERANAN UNIT BINAAN MASYARAKAT DAN FORUM KEMITRAAN PERPOLISIAN MASYARAKAT DALAM MENCEGAH TINDAK PIDANA RINGAN TAHUN 2015 DI WILAYAH HUKUM POLISI SEKTOR TAMPAN KOTA PEKANBARU BERDASARKAN PERATURAN KAPOLRI NOMOR 22 TAHUN 2010 TENTANG SUSUNAN ORGANISASI DAN TATA KERJA PADA TINGKAT KEPOLISIAN DAERAH Azizi, Yunharadi M.; ', Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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The criminal act is an act or acts punishable by the law. The offenses occurred in the District Charming Pekanbaru includes theft, runaway underage girls, defamation and adultery. This was due to the minimal number of members of the Police Sector Tampan Pekanbaru City impacting not maximum performance of members of the police in preventing crime that happened. Therefore it takes an active part of society together with the police in preventing crime that happened. To then formed a forum called Community Policing Partnership Forum (FKPM). The purpose of this thesis, namely: First, to determine the effectiveness of the role of Patronage Society Unit and Community Policing Partnership Forum in preventing minor criminal offenses within the jurisdiction of the Police Sector Tampan Pekanbaru. Second, to determine the role of effort Patronage Society Unit and Community Policing Partnership Forum in preventing minor criminal offenses within the jurisdiction of the Police Sector Tampan Pekanbaru.This type of research can be classified in this type of sociological research. The research location is Tampan Pekanbaru Police Sector. Source data used are primary data and secondary data. Data collection techniques are interviews, questionnaires and review of the literature. After the collected data was then analyzed qualitatively using the deductive method of drawing conclusions from things that are common to the things that are special.From the research, there are two main things that can be inferred, first, Role Unit Patronage Society and Partnership Forum Community Policing in Preventing Crime in Jurisdiction Police Sector Tampan Pekanbaru city can be done by face to face and socialization, and their coordination in the government districts , municipality, police and the local community. Second, the effort to make the role of Patronage Society Unit and Community Policing Partnership Forum can prevent minor criminal offenses within the jurisdiction of the Police Sector Tampan Pekanbaru city can be done by good coordination among institutions, conduct education and socialization, active participation of the community.Keywords: Role - Unit Binmas - FKPM - Preventing - Criminal
PERTANGGUNGJAWABAN PIDANA PELAKU TINDAK PIDANA PEMBAKARAN RUMAH DAN ORANG YANG DIDUGA MEMELIHARA ILMU SIHIR PADA KEPOLISIAN RESOR TAPANULI UTARA IMELDA RIA; Erdianto '; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Criminal responsibility of leading to criminal convictions, if you've committed a crime and meet the elements specified in the Act. Looking from the angle of an action that is prohibited (required), someone will be held accountable for such actions when such action is against the law (and no suppression of unlawful or rechtsvaardigingsgrond nature or justification) for it. Seen from the point ability is responsible then only someone who is able to be responsible in the criminal overall responsibility. In fact investigators in North Tapanuli Police, criminal liability has not been implemented properly and do not get a fair sense for some of the injured party. The purpose of this essay writer is to know; First, how the criminal responsibility of the criminal arson, and the person who allegedly maintained witchcraft, second, any obstacle to the criminal responsibility of the criminal arson, and the person who allegedly maintained witchcraft, Third, the efforts of Police North Tapanuli in overcoming obstacles in the implementation of criminal liability criminal arson, and the person who allegedly maintained witchcraft.This research uses juridical sociological look at the correlation between law and society. This research was conducted at the Police North Tapanuli, whereas the sample population is overall the parties relating to the issues examined in this study, the data source used, primary data, secondary data, the data tertiary, data collection techniques in this study with interviews and assessment literature.From the research, there are three main things that can be concluded first, that the criminal responsibility of the criminal arson, and people have not been effective. Due to not all perpetrators of criminal acts in this case subject to strict sanctions, they let loose with a variety of specific reasons. Second, obstacles in the criminal liability considerations are a lot of things done by law enforcement in determining the perpetrators of such crime. Third, the efforts of Police North Tapanuli in overcoming obstacles in the criminal responsibility of the criminal burning of houses and people are doing outreach to rural communities that do not believe in the issue of someone who maintains witchcraft and not vigilante against the alleged.Keywords: Criminal Liability - Burning Houses and People
Penerapan Pasal 3 Undang-Undang Nomor 31 Tahun 1999 Tentang Pemberantasan Tindak Pidana Korupsi Sebagaimana Telah Diubah Dengan Undang-Undang Nomor 20 Tahun 2001 Tentang Perubahan Atas Undang-Undang Nomor 31 Tahun 1999 Tentang Pemberantasan Tindak Pidana Korupsi Terhadap Tindak Pidana Perpajakan (Analisis Putusan Pengadilan Tindak Pidana Korupsi pada Pengadilan Negeri Medan Nomor: 02/Pid.Sus-TPK/2015/PN.Mdn Haq, Dara Jayanita; Indra, Mexsasai; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Corruption is sub-ordination to the public interest for personal goals that include violations of norms, onus, and general well-being, accompanied with secrecy, betrayal, deception, and unconcerned about suffering of the communities. Tax crime is an act that violates the laws which give rise to state loses tax revenue which the person is threatened with criminal penalties. Corruption is lex specialist derogat legi generali so that corruption cases should be examined based on the laws of corruption. Tax crime is lex specialist systematic, so tax crime case must be examined and decided upon by the tax laws. A tax levied by the Civil Service but not paid to the state treasury is more specific crime of corruption. Legal certainty is required to define more precise rules to be applied uniformly.Application of the Article 3 of Law Number 31 of 1999 on Corruption Act as amended by Act Number 20 of 2001 on the Amendment Act Number 31 of 1999 on Corruption Eradication in the decision No. 02/Pid.Sus-TPK/2015/PN.Mdn at the Corruption Court on Medan District Court is not appropriate for violating the principle of lex specialist systematic, and tax crime can be qualified as criminal acts of corruption as defined in Article 3 of Law Number 31 of 1999 on Corruption Act as amended by Act Number 20 of 2001 on the Amendment of Act Number 31 of 1999 on the Eradication of Corruption.

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