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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
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TINJAUAN YURIDIS PENGAJUAN PRAPERADILAN LEBIH DARI SATU KALI DALAM HUKUM ACARA PIDANA DI INDONESIA Kurnia, Radhi; ', Erdianto; Indra, Mexsasai
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Filing pretrial more than one time in criminal procedural law into research background, the Criminal Procedure Code as the basis for litigation pretrial does not explain the filing of pre-trial more than once, the Criminal Procedure Code only mmemunginkan someone to file pretrial without restrictions or ideal concept of filing pretrial more than one time. Pretrial filing more than one time to make the law enforcement process protracted and legal certainty are not implemented. This type of research can be classified in this type of normative legal research, which examines the general principles of law and perbandinganhukumterhadap a legal event. To draw conclusions from the data collected, the authors used data analysis techniques deductive, that is by drawing conclusions that are special. From the research problem there are two things that can be inferred. First, pretrial filing more than one still accepted by the judge even though no rules were discussed. Second, the concept of pretrial ideal is the appointment of special judges, registration and inspection of pretrial matters should be attended by the suspect in question. Suggestions Writer, first, it is recommended that immediately made arrangements firmly on pretrial which can only be done once the by revisions to the Criminal Procedure Code, or at least the Supreme Court issued PERMA (Rules of the Supreme Court) on a pre-trial can only be done one kali.Kedua, is expected in the future pretrial case investigation is conducted by a special judge, the parties filed a lawsuit petition shall be attended by the suspect in question, the case investigation pretrial attended by the suspect to the interests of the suspect can be proved at trial. Keywords : Pretrial - Criminal Proceedings
PENEGAKAN HUKUM OLEH KEPOLISIAN TERHADAP PENYALAHGUNAAN TINDAK PIDANA SENJATA API BAGI MASYARAKAT SIPIL DI WILAYAH HUKUM KEPOLISIAN RESOR KOTA PEKANBARU Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Pekanbaru improvement and increasing economic growth make this city as a citythat is the target of a criminal offense, no exception misuse of firearms. Problems misuse offirearms by civil society both ordinary people and the perpetrators Legal region PekanbaruCity Police today remains a serious concern. In fact, Indonesia itself has long been applyingthe Emergency Law on Firearms in implementing law enforcement misuse of firearms. Butthe misuse of firearms do people still frequently occur , with a mode different crime. Thus theneed for improved and efforts to overcome these problems by the police , especially its policeresort city of Pekanbaru.The purpose of this thesis, namely: First, Knowing enforcement bythe police against the crime of misuse of firearms for civil society in the region PekanbaruCity Police Law. Second, what are the constraints Police in law enforcement against criminalacts of misuse of firearms for civil society in the region Pekanbaru City Police Law Third toovercome the constraints of law enforcement against criminal acts of misuse of firearms forcivil society in the region Pekanbaru City Police Law.This research is a law researchsociological research that want to see the correlation between law and society,usinginterviews in Pekanbaru City Police and also the study of literature.Keywords : Law Enforcement - Pekanbaru Police - Firearms
PROSEDUR PENINDAKAN PELANGGAR LALU LINTAS DI JALAN RAYA DIKAITKAN DENGAN PENEGAKAN HUKUM DALAM UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN DALAM RANGKA PERLINDUNGAN HAK ASASI WARGA NEGARA Martinus Zebua; Erdianto Effendi; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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The road is any track in any form that is ope road is any track in any formthat is open to public traffic, so the authorities have to create the rules andprocedures for traffic to be orderly, safe and smooth namely Law Number 22 Year2009 regarding Traffic and Road Transportation conducted by special policetraffic , However, in practice, the traffic police who investigate traffic inspectionat instigating violence and verbal abuse against the driver and the road, so thatthe rights of citizens neglected road users. The purpose of this thesis, namely:First, To know Offenders Traffic Enforcement Procedure On Highway. Secondly,To find the settings in traffic enforcement procedure if it has been providingprotection against the Rights of Citizens.This type of research can be classified into types of normative juridicalresearch, because in this study the authors conducted a study of the legislation onthe subject under study. In this study the source of the data used primary data,secondary data, and the data tertiary data collection techniques in this research isthe study of literature. From this research, there are two main things that can beinferred. First, the prosecution traffic violators on the highway associated withthe enforcement of Law Number. 22 Year 2009 regarding Traffic and RoadTransportation still has not done well and efficiently, because many members ofthe traffic police to raid without a letter of assignment from superiors police ,because influenced economic factors resulting in the illegal harvesting of thedriver of road users. Second, the prosecution of traffic offenders carried out bythe Police Traffic many violations of Human Rights and still provide protection.Due to a lack of supervision, training and coaching.Suggestions writer, first, that it is necessary the police chief in the field oftraffic should be routine monitoring and close supervision to members and as wellas the provision of strict sanctions against traffic police officers abuse theirauthority in carrying out the task. Second, that it is necessary the police chief togive guidance and education of the police more leverage against traffic.Keywords : Traffic Violator Prosecution Procedure And Citizens' RightsProtection Road Users.
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 court's 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
PENERAPAN MEDIASI DALAM PENYELESAIAN SENGKETA TANAH OLEH BADAN PERTANAHAN NASIONAL KOTA PEKANBARU Endah Melina; Firdaus '; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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This research is motivated increasingly high demand for land will lead to many problems arising. To ensure fairness required the public land ownership legal institutions are bound raw legal rules. Badan Pertanahan Nasional Pekanbaru is the government agency that handles issues related on land.In solving the problems of existing land disputes, Badan Pertanahan Nasional Pekanbaru promote mediation in resolving land disputes. Because solving problems of land with paths mediation resulted in a decision win win solution and promote kinship between the two parties to the dispute. With that way justice can be expected to materialize. Issues that will be examined in this study are: first, How is the implementation of mediation in Badan Pertanahan Nasional Pekanbaru? Secondly, how effectiveness of Badan Pertanahan Nasional Pekanbaru as a mediator in the settlement of a land dispute to the parties in the city of Pekanbaru? Third, What efforts should be made by Badan Pertanahan Nasional Pekanbaru in land dispute resolution with mediation in Pekanbaru city? This type of research is a sociological law research. Source of data used are primary data and secondary data, data collection techniques using interviews with 9 respondents who have and are undergoing the process of settlement of the land dispute in Badan Pertanahan Nasional Pekanbaru and conducted interview with the head section of disputes, conflicts and cases and interview with Kasub Section of Disputes, conflict and cases at Badan Pertanahan Nasional Pekanbaru and literature study.In this study the authors used a qualitative analysis, in drawing conclusions using inductive method of thinking. Results from this study were first, Through the implementation of the Land Dispute Resolution Mediation with the implementation of the research results of mediation in Badan Pertanahan Nasional Pekanbaru either. Second, The effectiveness of Badan Pertanahan Nasional Pekanbaru as a mediator in Land Dispute Resolution in Badan Pertanahan Nasional Pekanbaru has been effective to solving the problems of existing land disputes with mediation. Third, Efforts Conducted by the National Land Agency in Pekanbaru City Land Dispute Settlement in Mediation has a maximum in the resolution of existing problems. By looking at the results of the research as a whole, very precise paths promoting mediation in resolving the land dispute case.Keywords: DisputeResolution-Land-Mediation
PENEGAKAN HUKUM TINDAK PIDANA PENCURIAN LISTRIK BERDASARKAN UNDANG-UNDANG NOMOR 30 TAHUN 2009 TENTANG KETENAGALISTRIKAN DI WILAYAH HUKUM KOTA BANGKINANG Destriadi, Ari; ', Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Community needs at this time is always increasing, one of them was the needs of electrical power. Electrical power is a basic needs for the entire community, this can be seen from the number of electronic equipment used in everyday life which aims to facilitate all activities. The high level of needs for electricity have a negative impact, such as the crime of theft of electricity. To do law enforcement efforts against crimes of theft of electricity is always having problems. The purpose of this essay is to determine the factors that cause the occurrence of the crime of electricity theft and to know the law enforcement criminal offense of theft of electricity in the jurisdiction of the Bangkinang City.This type of research can be classified in types of socio-juridical research, because in this study the author directly research on the location or place that is examined in order to provide a complete and clear description of the problems researched. This research was conducted in the law area of the city of Bangkinang, while population and the sample is the entire parties relating to issues that are examined in this study, the data source used, the primary data, secondary data, and tertiary data, techniques of collecting data in this study with interviews and research librarianship.From the results of research that the author do can be concluded, first is the factor that cause the criminal offense of theft of electricity is an economic factor, factor of the convoluted electrical installation procedures, factor of environmental, factor of the weakness of law enforcement and factor of electric power installation bureau. The second, law enforcement of criminal offense of electricity theft in the law area of Bangkinang city does not run at all because the PLN as the victim who suffers losses does not bring the case to the realm of law and settle the case and only apply sanctions based on the Decision of the Board of Directors of PT. PLN (Persero) No. 1486. K/DIR/2011 about the Control of Electricity Usage.Keywords: Law Enforcement - Criminal Offense-Theft of Electricity
PERALIHAN NAMA DESA MENJADI KAMPUNG DI KABUPATEN SIAK BERDASARKAN PERATURAN DAERAH KABUPATEN SIAK NOMOR 1 TAHUN 2015 TENTANG PERUBAHAN PENAMAAN DESA MENJADI KAMPUNG Didik Saputra; Dodi Haryono; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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There are several important reasons why the village was changed penyebutannya into villages, namely: In Philosophical, to restore or revive the old culture that Siak Malay culture; In Sociological, to change the paradigm that the village was not an underdeveloped area or behind because Siak itself is one of the areas with the greatest development in Indonesia, particularly in Riau; and In juridical, is the mandate contained in the Act No. 6 Year 2014 about the village, where the local knowledge of the cultural values of the area. So, with the change in the naming of the village into the village is also changing government administration, government structure, elements of regional programs, and so forth.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 District of Lubuk In Siak, 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 review of the literature.The research problems are, among others: first, What is the urgency of transitional name of the village into a village in Siak Regency Regional Regulation Siak District No. 1 of 2015 on the Amendment Naming Village Being Kampung, second, How implications of switchover name of the village into a village in Siak based Siak District Regulation No. 1 Year 2015 on the Amendment Naming Being Kampung Desa. Results of the study are: first, in the Philosophical to restore or revive the old culture that Malay culture Siak, in Sociological to change the paradigm of society or human that the village was not a lagging regions and to preserve returned norms in society that is almost gone because eroded by the times, by Juridical to implement the mandate contained in the Act No. 6 of 2014 About the village, namely concerning their local knowledge should be developed in order to raise the existing culture in the area for each region, second, changing the nomenclature of Government Institutions from the village into the village, the adjustment Attributes Government which include letterhead, signpost names, banners, stamps, etc., necessary adjustment to the service of public Administration for the people of Kampung among others, the Family Card (KK), Identity Card (KTP), deed, and so forth.Keywords: Transition - The village - Kampung
PERLINDUNGAN HUKUM BAGI PEMEGANG POLIS ATAS PERUSAHAAN ASURANSI YANG DIPAILITKAN MENURUT UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG PADA PT. ASURANSI JIWA BUMI ASIH JAYA CABANG PEKANBARU ASIKA EUNIKE SORMIN; Mardalena Hanifah; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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PT Asuransi Jiwa Bumi Asih Jaya can be classified as an insurance company engaged in the field of life insurance, in this case the insurance products. A healthy insurance undertaking is an effort to address the risks faced by members of the public. Insurance companies that provide comfort for its customers, or the so-called policyholder also has shortcomings if they do not perform the payment of claims to policyholders.Company who can not make a payment due to the threat of bankruptcy, but if bankruptcy is not the case then they should have been paying claims and is responsible for customer risk. Results can be concluded that the authors obtained. The first protection obtained policyholder is not in accordance with provisions in the Act, second, that the responsibility of the insurance company does not fit because the insurance company can not give assurance and guarantee of payment of the claim.Keyword: Legal Protectio - Insurance - Bankruptcy
PEMBAGIAN WARISAN PADA MASYARAKAT ADAT BATAK TOBA (STUDI DI DESA MARTOBA KECAMATAN SIMANINDO KABUPATEN SAMOSIR) Sidabutar, Menanti; ', Firdaus; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Property (vermogen) is all rights and obligations that have people, who have value for money. Thus it can be said that inheritance law is part of the law of wealth. Inheritance law is the provisions that govern the fate of one's wealth after the owner dies. During his life man has wealth. The wealth will not be brought after the owner dies. The wealth will be distributed to those who are entitled to receive it that is the closest offspring of the deceased and or the person appointed to receive it. The deceased is called the heir, while the one who is entitled to receive the treasure is called the heir. In the Tapanuli community ("Batak"), because the heirs are sons (all boys), then surely the inheritance is divided among the heirs (if boys are more than one) while Daughters have no inheritance or are not considered heirs. While this is very contrary to the provisions of Article 852 of the Civil Code.The purpose of writing this thesis namely; First, to know the implementation of inheritance system done by indigenous people batak toba in martoba village, simanindo district, samosir district. Second, to find out the inheritance system of indigenous people batak toba that do not give to the daughter as heir in accordance with justice.This type of research is a sociological law research or as an attempt to see the effect of positive law on the life of the community. From the results of research that has been done then, can be drawn two conclusions; Firstly, the implementation of inheritance in the Batak Toba community in Martoba Village has given inheritance to girls, but still more portion to boys. Second, the inheritance given to girls is now fair even though the share of the division is not the same as the boys and some even are not given to girls. Keywords: Implementation of Inheritance-Inheritance Law -The Traditional Lifestyle of Batak
Pelaksanaan Diversi Terhadap Tindak Pidana Yang Dilakukan Oleh Anak Di Pengadilan Negeri Bangkinang Oleh : Rica Regina Novianty (Hukum Pidana) Rica Regina Novianty; Erdianto '; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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The principle of the protection of children, especially on the principle of non-discrimination that prioritizes the best interests of the child and the right to life, survival and development so that the necessary respect for the child's opinion. Thus there emerged an idea for it, that the perpetrators of criminal offenses committed by children should be avoided as far as possible from the criminal justice process. Based on this thinking, it gives birth to a concept called diversion, which is the Indonesian term called diversion or redirection. Diversion is an action or treatment to divert a case of a formal process to process informal or put out criminal child of the juvenile justice system, or put out the perpetrators of criminal acts of the criminal justice system of children. The author has done to several research Pre Trial in First Level Jurisdiction in the province of Riau, and author in the end chose Bangkinang District Court as a test site, because the number of cases Diversi minimal and access is easy to reach in the research process Issues examined in this study are: First, How Diversion Implementation of the offenses committed by children in the District Court Bangkinang? Second, Is Diversion implementation of the offenses committed by children in the District Court Bangkinang has reflected legal protection of the child?This type of research is the study of law Sociological. Source data used are primary data and secondary data, data collection techniques. obtained from interviews and literature study. In this study the authors used a qualitative analysis, in drawing conclusions using inductive method of thinking.The results of this study are the First, implementation of Diversion of the offenses committed by children in the District Court Bangkinang not running optimally, it can be seen from the number of successful cases in Diversion and also the obstacles found by the judge in the effective implementation of Diversion for children such as the number of judges has a child criminal Justice Specifications only two judges, victims' families are determined to not do Diversi, and insisted on proceeding with the criminal. Secondly, protection of children rights based implementation of Diversion District Court Bangkinang not maximized, it is envisaged, from the number of successful cases in Diversion. Suggestions from authors First, the judge must explore ways for the implementation of the Diversion of children committing criminal offenses can be implemented optimally. And deficiencies that become a reason not maximal implementation Diversion can be solved by the parties concerned. Diversion implementation should be maximized since in the investigation. Second, took the seriousness of various stakeholders such as governments, law enforcement and the community to create the legal protection of the child offender so that the goal can be achieved Diversi.Keywords: Diversi - Children - Court Bangkinang

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