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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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Penyidikan Tindak Pidana Penyelundupan Manusia Oleh Direktorat Reserse Kriminal Umum Polisi Daerah Riau Aulia Rahma; Erdianto '; Widia Edorita
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

People smuggling occurred in the city of Pekanbaru, this is because Pekanbaru a place where the border regions directly adjacent to some neighboring countries. Such as Malaysia and Singapore, so it becomes a shortcut or transit for people smuggling. people smuggling that occurred during this the Regional Police Pekanbaru city. The Regional Police Pekanbaru city in 2013 that managed to arrest two suspects and took fourteen foreign nationals who comes from Afganistan and Pakistan, in 2014 that managed to arrest five suspects and took twenty one foreign nationals who comes from Afganistan and Pakistan more. In 2015 that took twenty six foreign nationals who come from Afganistan and Myanmar.Who comes from the land.This type of research is quite sociological research, because in this study the autors directly conduct research on location or places studied in order to give a complete and clear picture of problems examined. This research was conducted at the Regional Police in Pekanbaru, while the sample population is a whole party with regard to the issues examined in the study. The source of the data used primary data and secondary data, while data collecting technique in this research is done with interviews and study data using deductive method is to analyze the problems of general nature subsequently with drawn padfa specific conclusion basic on existing theories.Result of the research this paper is : first, Invistigation of the crime people smuggling in the region Pekanbaru town in handling the Regional Police is not yet optimal, secondly, cost constraints, the infrastructure facilities, the victim, the lack of public knowledge about the crime of people smuggling, and the need translator for their investigation process, third efforts in dealing with the crime of people smuggling is effective and efficient in handling criminal cases of people smuggling with doing additional costs, complementary facilities and infrastructure, protection of victims, made approaches to community related dangers the crime of people smuggling, and the need for translator for investigation the crime of people smuggling.Key words : Invistigation-People Smuggling-Victim
PERLINDUNGAN HUKUM HAK ANAK SEBAGAI KORBAN EKSPLOITASI EKONOMI DALAM PERSPEKTIF HUKUM PIDANA DI INDONESIA DIKAITKAN DENGAN HUKUM ISLAM Rini, Devi Seftia; Firdaus, Emilda; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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By universal child has the human rights protected by law, even effectivesince the child in the womb Because they are entitled to legal protection for allthe activities that lead to growth and development in the future. Problems ofeconomic exploitation of children is influenced by poverty, lack of education,availability of employment, as well as the patriarchal culture. Based on the datafrom the Bureau of Criminal Investigation Police of the Republic of Indonesia in2011 to 2013 types pekejaan that exploits the Reviews largest commercial sexualexploitation of children as many as 205 cases, as many as 213 cases of economicexploitation.This type of research is a normative legal research writer. Normative legalresearch legal research is doctrinaire, Also Referred to as a research library orstudy documents dititk emphasis on secondary data. Data collection techniques inthis research is the study of literature, the author quotes from books, literature, orsupporting books Relating to the issues to be studied. In writing this essay, theauthor uses descriptive analysis (descriptive analisys) the which aims to provide adescription of the subject of the research is based on Data Obtained from thestudied subject.The results of this thesis research, legal protection for children can beinterpreted any attempt legal protection of the freedoms and rights of children aswell as the various interests related to child welfare. In Islam explained that Islamin protecting or maintaining the descent, not to get wasted, do didustakan and notfalsified. Received legal sanction perpetrators of economic exploitation ofchildren, shall be punished with Imprisonment of ten (10) years and / or a fine ofnot more Rp.200.000.000,00 (two hundred million rupiah). In Islamic law, if anact or prohibition is not stipulated in the legal provisions stipulated in the texts ofthe Quran and al-Hadith (had) the act or the legal prohibition stipulated in ta'zir.Suggestions in this thesis research, need to be made regulation more detailedregarding the protection of children as victims of economic exploitation, BecauseThe rights of children are robbed not necessarily be Returned so expect to be-ableto the make rules and services on the restoration of the rights of children afterbecoming victims of economic exploitation and the changes in the Law on theProtection of children in the provisions on sanctions has not changed.Keywords: Economic Exploitation - Children Protection – The Rights of Children
Penerapan Sanksi Pidana Terhadap Oknum Kepolisian Negara Republik Indonesia Satuan Lalu Lintas Yang Melakukan Pungutan Liar Terhadap Pengemudi Kendaraan Bermotor Di Wilayah Hukum Kepolisian Resor Kota Pekanbaru Rori Oktavian Saputra; Erdianto Effendi; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Abstract

Law and lawlessness can be said as one unity that can not be separated from each other.Amid the implementation of the functions, duties and authority of the Traffic Police itself thereare violations committed by some elements of the Police Traffic Unit is a Wild Charge. In fact,individuals who perform these illegal fees are only given disciplinary sanctions andadministrative sanctions only. The purpose of writing this thesis, namely; First, the cause ofillegal levies committed by the elements of the Traffic Police Unit in the jurisdiction of thePekanbaru City Police Resort, Second, the application of sanctions to overcome the problem ofillegal levies conducted by the police of the Traffic Unit in the jurisdiction of Pekanbaru CityPolice.This type of research can be classified in sociological law research, ie researchconducted directly on the location or object of research that want to see between the correlationof law and society, so as to reveal the effectiveness of law enforcement in society and identify theunwritten law applicable to society. This research was conducted at Pekanbaru PekanbaruResort Police, while population and sample were all parties related to the problem studied inthis research, data source used primary data and secondary data, data collecting technique inthis research by interview and literature study.From the results of research problems there are two main things that can be concluded.First, the factors causing the illegal levies committed by the elements of the Traffic Police Unitin the jurisdiction of the Pekanbaru City Police Resort, among others, are from the personal andfrom outside the personal person of the perpetrator. Second The application of sanctions toovercome the problem of illegal levies conducted by the Traffic Police Persons in PekanbaruCity Police Precinct is not applied due to many reasons such as small nominal, the regulationsused are internal Police regulations and illegal charges are considered not a crime. Suggestionof the writer, Firstly, Applying criminal sanction based on Article 12 letter e, Law Number 20Year 2001 Amendment to Law Number 31 Year 1999 concerning Eradication of Corruption ofCriminal Police Persons who conduct illegal charges against motor vehicle drivers in the regionLaw of Pekanbaru City Police Resort. Secondly, it is hoped that the existence of criminalsanction can give a deterrent effect to the Traffic Police officers who conduct illegal charges inorder not to repeat the practice of illegal levies, especially in the jurisdiction of Pekanbaru CityPolice. Third, ask the government to establish a clearer regulation or law to regulate thepractice of illegal levies, given the increasingly rampant illegal charges in Indonesia.Keywords: Criminal Sanctions - Police - Wild Charges
TINJAUAN YURIDIS PUTUSAN PERKARA NOMOR 53/PDT.G/2015/PN.Pbr TERHADAP PERCEKCOKAN SEBAGAI ALASAN PERCERAIAN DI PENGADILAN NEGERI KELAS 1 A PEKANBARU (Studi Putusan Nomor 53/Pdt.G/2015/PN.Pbr) Ananda Jelita Putri; Mardalena Hanifah; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Abstract

Marriage is a spiritual and physical bond between a man and a woman who has grown up under the provisions of the applicable legislation and is eternal and immutable toward domestic life happy and prosperous. The breakdown of marriage is the end of a marriage that has been fostered by the couple, which is caused by several things, such as death, divorce, and the court's decision. In contrast to what happened in pair Deddy Sosandy Hutapea and Evi romian Boru Sitorus, the reason for divorce is a divorce decision made by the District Court 1 Class A Pekanbaru with case number, No. 53 / Pdt.G / 2015 / PN.Pbr. the chronology is' Deddy Sosandy Hutapea divorce his wife Evi romian Boru Sitorus arguing that Evi romian Boru Sitorus a defendant can not take care of a child with a good result the child several times falls well short of the bed and in the bathroom as a reason for divorce. Based on the above, the writer wanted to know How consideration of the judge in the case decided fray as the reason of divorce (the study of decision No. 53 / Pdt.G / 2015 / PN.Pbr, and whether the consideration of judges in decision No. 53 / Pdt.G / 2015 / PN.Pbr, that it meets the principle of legal certainty.This type of research if viewed from the angle of its kind, this research can be classified to the normative research. Normative research is legal research library that includes the study of the principles of law, the source of the data used are primary data and secondary data, this research technique to the study of literature and interviews.From the research and analysis of the author based on the principle of legal certainty in mind first, the reasons for the decision in case No. 53 / Pdt.G / 2015 / PN.Pbr not in accordance with the legal basis and the existing arrangements is based on Article 39 of the Marriage Law No. 1 1974. On the basis of the proposed plaintiff judges should not be in favor of the plaintiff.Keywords: Decision, Reason Disputes, Divorce.
PERANAN PENYIDIK PEGAWAI NEGERI SIPIL BALAI BESAR PENGAWAS OBAT DAN MAKANAN DALAM MENERTIBKANPEREDARAN OBAT TRADISIONAL YANG TIDAK MEMILIKI IZIN BERDASARKAN UNDANG-UNDANG NOMOR 36 TAHUN 2009 TENTANG KESEHATAN DI KOTA PEKANBARU Pantun Andrianus Lumban Gaol; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Abstract

Traditional medicine is one of the treatment and care efforts in other ways outside of medicine and nursing. Traditional medicine is usually used drugs that made of traditional of materials - scholarly materials such as spices - spices or commonly known in Indonesia with the term "herbal" as traditional healing. medicine it self has wide - types, benefits and functionality to cure various disease. Traditional medicine is in demand by the community, especially the low income people, because traditional medicine itself than low cost, too easily obtained and its availability is not limited when compared to prescription drugs are relatively limited.Traditional medicine is generally used traditional medicine needs to be fostered and monitored by the government to be able to be directed to the treatment and care that can be justified efficacy and safety. The government in this case the Ministry of Health is responsible for the control and supervision of traditional medicine as stated in the Act - Act No. 36 of 2009 on Health and established official institutions non-departmental government (Officials) which is responsible to the President and coordinated by the Ministry of Health and Social Welfare called the Food and drug Administration, which carry out government duties in the field of food and drug supervision in accordance with applicable regulations.Every traditional medicine in circulation to go through the assessment process, testing and registration in advance. Assessment and testing of traditional medicine is intended to prove the efficacy, safe and reliable, helpful traditional medicine. Therefore unregistered prohibited imported, distributed, stored and consumed, so that traditional medicine is categorized as a dangerous and contrary to regulations. But the fact that many traditional medicine illegal unregistered and considered a dangerous drug, there is a kind of traditional drugs containing chemicals, drugs (BKO) and traditional medicines that do not have a marketing authorization which are sold freely on the market and in pharmacies - pharmacy-by in order to obtain profit for the people, thus leading to losses that can be fatal to those who consume them.Keywords: Role of Investigators - Marketing Authorization - Great Hall of Drug And Food
PENGGUNAAN SARANA NON PENAL OLEH PUSAT PELAYANAN TERPADU PEMBERDAYAAN PEREMPUAN DAN ANAK PROVINSI RIAU DALAM PENCEGAHAN TINDAK PIDANA PERDAGANGAN ANAK DI BAWAH UMUR BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2014 ATAS PERUBAHAN UNDANG-UNDANG NOMOR 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK Dwita Puspita Sari; Erdianto '; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Trafficking in persons, especially the trafficking of minors, has grown and globalized, its handling has received less attention in the community due to lack of socialization to the public. In Riau Province, a Government agency is formed, namely Integrated Service Center (P2TP2A). This writing in the background by the rise of various trafficking modes, especially underage girls, ranging from promised jobs, abduction of victims, debt bondage, and fraud. In addition victims are trafficked not only for the purpose of prostitution or other forms of sexual exploitation, but also include other exploits, such as forced labor or forced service, slavery or similar practices of slavery. The purpose of this essay is to know, to analyze the role of P2TP2A institution of Riau Province in preventing the crime of trafficking of underage child as commercial sex worker, to study and to know the obstacles faced by P2TP2A Institution of Riau Province and it’s effort in overcoming The crime of trafficking of minors.This type of research can be classified in the type of research Sociological Juridical, because in this study the authors directly conduct research on the location or place studied to provide a clear picture of the problem under study. This research was conducted at the Center for Integrated Service of Women and Children Empowerment (P2TP2A) Riau Province, while the population and the sample which is whole party related to the problem studied in this research, the data source used is primary data, secondary data and tertiary data, data collection techniques in this study was conducted by interview and literature review.From the research results, there are three things that can be concluded. Firstly, in addressing the problem of child trafficking which increases every year, P2TP2A Riau Province do prevention in the form of non penal effort that is disseminating to RT / RW in some Regency / City in Riau Province region. Second, the obstacles was faced by Riau Province P2TP2A institution in doing prevention (non penal) divided into internal and external obstacles. Third, the efforts made by P2TP2A Riau Province in overcoming the internal and external obstacles is by coordinating with the government and the community. The suggestions that can be given in this writing are as follows, First, the Government of Riau Province is expected to be more sensitive to the performance of P2TP2A in order to perform effectively, and support P2TP2A facilities and infrastructure. Secondly, in preventing and combating the trafficking of underage child trafficking, P2TP2A Riau Province is expected to continue to make preventive efforts such as socialization, supervision, and others.
PELAKSANAAN GADAI EMAS (RAHN) PADA PERBANKAN SYARIAH DI PT. BANK NAGARI SYARIAH KANTOR CABANG PEMBANTU BATUSANGKAR lewis, Denince; Bachtiar, Maryati; ', Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Financial intermediaries (banks) is the largest bank, where the bank is supporting infrastructure is vital to support the economy. According to its type, the bank is divided into two types namely conventional banks and Islamic banks, the Islamic banking business activities translates into Islamic banking products. One of them is the pledge of gold (Rahn). But in the gold pawning maintenance costs should not be adjusted based on the weight of gold. Philosophical foundation based DSN Fatwa No.25/DSN-MUI/III/2002 concerning Rahn, namely the cost of maintenance should not be a large according to mortgage loans granted. The purpose of this study was to answer the problems in this study, namely: first, the implementation of the gold pledge (Rahn) by Nagari Bank Syariah Capem Batusangkar; secondly, the barriers that are found in the implementation of the pledge of gold (Rahn) in the village bank branch Batusanggkar sharia either from the bank or the customer; and thirdly, efforts to resolve the problems that occur in the process of implementation of the pledge of gold (Rahn) at Nagari Bank Syariah Capem Batusangkar.From the research it can be concluded that the implementation of the pledge of gold at Nagari Bank Syariah Batusanggkar their Capem not agree as to the costs of maintenance with DSN Fatwa No.2/DSN-MUI/ III/2002 About Rahn. Many obstacles found in its execution is delayed customers pay mortgages, the lack of personnel and facing a competitor from another financial institution. Efforts to resolve the problems in the implementation of the pledge of gold is to be good communications between the customer and the bank, the increase of employees in the field of gold pawn, and improve services, and promote products that exist in Islamic banking.Keywords: Gold Pawn, Rahn, Nagari Bank Syariah Capem Batusangkar
TANGGUNG JAWAB PT. JASARAHARJA PUTERA PEKANBARU TERHADAP GANTI RUGI ASURANSI PADA PENGANGKUTAN BARANG MELALUI JALUR LAUT BERDASARKAN UNDANG-UNDANG NOMOR 40 TAHUN 2014 TENTANG PERASURANSIAN Githa Fitria Lisa Ulfa; Maryati Bachtiar; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Carriage of goods by sea is a process of loading the goods into the ship , carrying goods from the loading point to the destination , and drop off the goods from ships to a specified place . Therefore, the transportation of insurance held by the shippers ( shipper ) as outlined in the agreement ( policy ) , so that the rights and obligations arising therein , in this case , namely the right to shippers ( shipper ) to claim the goods are damaged , missing. Transport insurance is often called marine insurance ( marine ) for marine insurance is the oldest form of insurance . Its history is closely related to shipping and trade , as well as its development . Without marine insurance , commerce would be severely hampered progress. In section 1367 Book of the Law of Civil Law (KUHPerdata) , hereinafter called the Civil Code states that a person is not only responsible for damages caused by his own actions , but also for any damages resulting actions of people who become dependents or caused by the goods that are under supervision. Responsibility PT. Jasaraharja Putera Pekanbaru in the settlement of compensation to the customer is still not appropriate to fulfill the agreement as a protection or assurance of terjdinya a peritiwa not certain which will be suffered by the customer. Barriers faced by PT . Jasaraharja Putera Pekanbaru in implementing the settlement of insurance claims carriage of goods by sea , namely : the amount of funds needed for adjusters and surveyors ; location or the location is relatively remote loss ; differences in fact between the policy conditions with the real situation ; lack of document / lack of documents claim ; and supporting documents and the loss of the goods at the time of the incident so difficult to calculate the lossKey Words: Legal Responsibility-Insurance-Indemnity
PERLINDUNGAN KONSUMEN TERHADAP PENYANDANG DISABILITAS SEBAGAI PENGGUNA JASA TRANS METRO PEKANBARU DI KOTA Roberto Fernandes; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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As a business actor in public services in the field of transportation services, the Trans Metro Pekanbaru in its service has responsibility for the obligation to guarantee the rights of consumers using Trans Metro Pekanbaru. Considering Persons with Disabilities are consumers who are vulnerable groups, they should be given more protection with respect to their specificity, namely in Law of the Republic Indonesia Number 8 of 2016 Concerning Persons with Disabilities. In its implementation, Trans Metro Pekanbaru should perform their obligation in fulfilling the consumer right as stated in Law of the Republic Indonesia Number 8 of 1999 Concerning Consumer Protection. But in reality there has been a social deviation. Trans Metro Pekanbaru doesn’t provide special facilities for disabled persons as arranged. Based on Article 242 Act (1) of Law of the Republic Indonesia Number 22 of 2009 concerning Road Traffic and Transportation state that "The Government, the Regional Government, and / or Public Transport Company shall provide special treatment in the field of Road Traffic and Transportation to persons with disabilities, Children, pregnant women, and sick people. Problems and objectives which will be discussed in this research is to know how the form of consumer protection against the Disabled as a user of Trans Metro Pekanbaru Service in Pekanbaru City.The type of research can be classified in the kind of sociological. This research was conducted at Department of Transportation of Pekanbaru and Trans Metro Pekanbaru, while population and sample are all parties related to the problem studied in this research, data source used, primary data, secondary data and tertiary data, data collecting technique In this study with interviews, questionnaires and literature studies.From the results of the research can be concluded that the Department of Transportation Pekanbaru as the manager of Trans Metro Pekanbaru has not fulfill the fulfillment of consumer with disabilities rights with maximum implementation. Special facilities intended for Disabled consumers are not available within the bus stop and some facilities are available within the bus unit. With the unavailability of this facility caused the Disabled Persons felt that their rights as consumers are not fullfilled by Trans Metro Pekanbaru. Suggestion for Department of Transportation of Pekanbaru and Trans Metro Pekanbaru to improve service and supervision for consumers especially for Consumer Disabled. This is intended to facilitate the fulfillment of the rights of Persons with Disabilities.Keywords: Consumer Protection - Consumer - Persons with Disabilities -Trans Metro Pekanbaru
KEBIJAKAN KRIMINALISASI TERHADAP PELAKU TINDAK PIDANA PEDOFILIA MENURUT HUKUM PIDANA INDONESIA Vicky Khoila Winarto; Erdianto Effendi; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Pedophilia is a sexual disorder in the form of desire or fantasies of sexual impulses involving minors. In Indonesia the crime of pedophilia by the Criminal Code Article 289, Article 290 and Article 293 of molestation. While pedophilia is an extraordinary crime that should be regulated more specifically in the legislation such as the law on pedophilia. Based on this understanding, the author of this scripts formulated two formulation of the problem, namely: First, How are the criminal acts of pedophilia under Indonesian criminal law? Second, Is the setting on the crime of pedophilia in accordance with the theory of criminalization?The research method in this study, First, this kind of research is legal normative and descriptive analysis. Second, the data source supported by the source of the primary data, secondary data, and the data tertiary. Third, data collection techniques used is the study of literature. After the data collected then analyzed qualitatively, and concludes with the deductive method of thinking is to analyze the problems of the general form into special shapes.From the research problem there are two main things that can be inferred, first, setting the crime of pedophilia by the Indonesian Penal Code refers to criminal punishment for sexual crimes, such as sexual harassment or molestation. When referring to an explicit definition of pedophilia in Indonesian positive law, ie, pedophilia is defined obscenity. Act No. 35 of 2014 on the Amendment Act No. 23 of 2002 regarding Child Protection. Second, regulation of the crime of pedophilia by the criminalization policy which can not be removed from the crime prevention goals. Sanctions against perpetrators of crime should be given special sanction to deter such sanctions pengkebirian and also in prevention efforts with non penal policy. The obligation of governments to prudently adjust what was defined as a criminal act with a sense of law in the society.Based on this, Indonesia should make further rules regarding the crime of pedophilia into a form of legislation such as the laws on pedophilia and weighing punitive sanction against criminal castrate pedophiles.Keywords : Criminalization –Criminal Act - Pedophilia

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