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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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ANALISIS TATA CARA PELAKSANAAN UANG PAKSA DAN SANKSI ADMINISTRATIF DI PENGADILAN TATA USAHA NEGARA Rika Afriza; Mexsasai Indra; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Indonesia is a country that is based on state law. Then surely the actions of the government should be based on the applicable law. Principles of the State Administration of justice, to put the judicial control in the implementation of good governance a bias in the state system of Indonesia. Where a State Administrative Court's decision does not have the power eksekutorial, how could the law and the public can supervise the government that carried out by officials of the Administration Negara.maka required an ordinance implementing the forced money and administrative sanctions tegasa that the decision of Justice State Administration can be executed properly. The purpose of this thesis is to find an idea about the procedures of money forced and administrative sanctions in the State Administrative Court.This type of research is research with normative juridical approach, yatu approach is to discuss the principles of law. This research was conducted by examining the library materials or secondary data such as legislation and books written by lawyers. Source data used are primary data source, secondary data sources, and tertiary data sources. Data pengupulan technique is the method of literature study.The conclusion is the first forceful measures as mandated in Article 116 of Law No. 51 of 2009 has yet to be implemented effectively related to the absence of implementing regulations regarding the forced currency and the administrative sanctions. Both for the payment of money shall be drawn from the paka personal finances because yangbersangkutan officials had deliberately not implementing the court ruling. In the case of the imposition of administrative sanctions, types of penalties can be adjusted by judges with huge losses suffered by the plaintiffs for not implementation of the court ruling.Advice authors to the problems studied were first need uniform laws to formulate the idea of the researchers stated in the form of government regulation that material containing cargo the ordinance. Both the State Administrative Court (Chief Justice) need to be proactive in monitoring the implementation of court decisions that have permanent legal force. Third parties especially active berpertisipasi plaintiffs judged necessary to provide information on whether a decision has force of the law have been implemented or not.Keywords; Forced money - administrative sanctions - PTUN
PENYIDIKAN PELAKU TINDAK PIDANA PENCURIAN MOTOR DISERTAI KEKERASAN DI WILAYAH HUKUM KEPOLISIAN SEKTOR TAMPAN Anugrah, Roby; Effendi, Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Abstract

Theft is a crime that ofthen occur and cause unrest in society, which is all the inconvenieces that have an impact on security and order in society. Motorcycle is a menas of transport fovored by today society, with the many motorcycle that exist is district of Tampan Pekanbaru city made motorcycle as one of the objects of theft by perpetrators, not just simply steal the motorcycle, sometimes the perpetrators of crime committed violence againts the victim in theft of motorcycle.The purpose of thesis, which determine the extent of the interrogation of criminal motorcycle theft with violence in the district of charming town of pekanbaru, the obstacles faced in the process of criminal investigation motorcycle theft with violence as well as efforts in the face of these obstacles.This type of research can be classified in this type of sociological juridical research, because this research author direcly conduct research on the location or point examited. This research was conduted in police sector Tampan Pekanbaru City, While the sample population is overlall the parties relating to the issue examited in this study, the data source used, primary data, secondary data and data tertiary, data collection tehcniques in this study with interviews and literature study.From the result of research by three formulation of the problem, there are three main things tat can be inferres, first to the criminal investigation process motorcycle theft with violence commited by the police sector Tampan where a high rate of motorcycle theft with violence that has not been revealed. Both barries faces by the sector police Tampan in uncovering cases of motorcycle theft with violence is in terms of the offender and the community aspect. Third efforts are being made to overcome these barries is in terms of the police and the police and the community aspect.Keywords : Investigation-Actors-Theft Motor With Violence
TINJAUAN YURIDIS PENINJAUAN KEMBALI LEBIH DARI SEKALI DIKAITKAN DENGAN UPAYA PERLINDUNGAN TERHADAP HAK TERPIDANA BERDASARKAN SURAT EDARAN MAHKAMAH AGUNG NOMOR 7 TAHUN 2014 TENTANG PENGAJUAN PERMOHONAN PENINJAUAN KEMBALI DALAM PERKARA PIDANA Situmeang, Melisa; Indra, Mexsasai; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Abstract

Reconsideration is a remedy that can be taken by the convict in a case of law against a decision of a court that has permanent legal force in the judicial system in Indonesia . Reconsideration categorized as an extraordinary legal remedy because it has the privilege, meaning that it can be used to reopen a court decision which has had permanent legal force. Thus the institution Reconsideration is a remedy that is used to retract or reject the judge's decision has had permanent legal force. Mary Jane Veloso a drug kingpin arrested for carrying 2.6 kg of heroin in Yogyakarta, on March 25, 2015 Mary Jane file a judicial review through the Sleman District Court but was rejected. However, the Review that Mary Jane make a schedule execution pending death. Then, Mary Jane file a Reconsideration second, but immediately rejected. The reason for rejection of the Supreme Court because it does not find new Novum.This type of research is classified in normative law research using the method of assessment literature or documentary study, the author quotes from books, literature, or book support, which has links with the problems to be studied. The data used primary legal materials, secondary law and tertiary legal materials.From the research problem there are five things that can be inferred. First, provisions prohibiting judicial review more than once not only found in the Code of Criminal Procedure but also in other regulations such as the Law on Judicial Power and the Law on the Supreme Court. second, a growing number of reconsideration is granted by the Supreme court, indicates that the court decision a lot wrong, make mistakes and wrong. Third, for reasons of legal certainty and justice. Fourth, the absence of restrictions on the filing of a judicial review will have implications for the possibility of flooding case reconsideration . Fifth, Novum Ideal requirements that can be submitted as evidence in a judicial review more than once that the new witnesses, new information, new evidence, a major role of judges, and should be tolled in the legislation.Suggestions author, the terms of the petition filing Reconsideration should be clarified, so as not to cause more mistakes than those who want to apply for a judicial review and determine the qualifications Novum described in detail with examples Novum-novum or new circumstances in the verdict Reconsideration ,Keywords: Reconsideration - Convicts Rights - Supreme Court Circular
PERTANGGUNGJAWABAN PIDANA DIREKSI PERUSAHAAN MASKAPAI PENERBANGAN SIPIL AKIBAT KECELAKAAN PESAWAT YANG MENIMBULKAN KORBAN JIWA BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 2009 TENTANG PENERBANGAN Napitupulu, Titir Feronika; Effendi, Erdianto; Artina, Dessy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Abstract

Some acts of directors have even led to criminal acts. For example, such as not doing aircraft maintenance, not doing a briefing (training) to the crew on duty, providing the wrong information even to corruption that causes a fatal problem in the flight system. There has been very little crime committed against directors when such crime is clearly possible because the board of directors is one of the legal subjects. The absence of punishment of directors is the background of this research.In accordance with the above description, the authors are interested to conduct research under the title Criminal Accountability Board of Directors of Civil Airlines Companies Due to Accident Aircraft That Increase Mental Victims Based on Law Number 1 Year 2009 About Aviation. This thesis aims to find out whether the directors of airline companies can be sentenced to death if the plane crashes that cause casualties and to know the cause of menagapa so far no directors are punished while the law regulates criminal sanctions if someone has made a mistake in flight.This type of research can be classified in the type of normative legal research, which is to examine the legal norms derived from the rule of law that is the law. This research is done by examining the literature or secondary material that formulated normative research or library research books. In terms of nature of this research is a description that is the purpose of describing or describe clearly and detailed.From the research results of the problem there are two things that can be concluded, first, the punishment of the board of directors can be done in accordance with the Law of Limited Liability Company and Aviation Act. Secondly, airline directors are rarely punished because flight technology is so high that it is difficult to conduct an investigation, it is difficult to determine which includes the actions of directors and employees and various other reasons.Keywords: Accountability, Flight Directors
IMPLEMENTASI BADAN PENYELENGGARA JAMINAN SOSIAL KESEHATAN (BPJS KESEHATAN)TERHADAP PERSAINGAN USAHA RUMAH SAKIT DI KOTA PEKANBARU Has, Randi Awara; ', Firdaus; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Social security is designed to assist individuals or groups in order to achieve the standard of living and health are more satisfying to the individual and social relationships allow them to develop their full capacity and promote their well-being in continuity, but if the implementation of its impact on competition business can define as competition between sellers and buyers in the market to seize.Because, basically, competition in the business world can be understood as a positive activity in daily life, every economic actor would enter the market through a competitive process in which producers tried to take a way to improve the quality and service in an effort to win the market and consumers.But when their monopolistic practices that lead to business actors become efficient and able to increase barriers to market entry for competitors, the potential conflict with the principle of fair competition can take place her special connection with suspicions of anti-competition fair. This type of research using sociological research, which meant an immediate interview persons that hospitals Lancang Kuning, Petala Bumi, Santa Maria, and Arifin Achmad.This study aims to identify and explain the impact of implementation of the competition BPJS hospital in Pekanbaru. The problems discussed in this thesis is, first, how the implementation BPJS in the review of competition law in the hospital in the city of Pekanbaru? Second, what solution or an attempt to avoid the occurrence of unfair competition at a hospital in the city of Pekanbaru?These results indicate the organization of health BPJS pose unfair competition to the hospital in the city of Pekanbaru. Competition Supervisory Commission Council attempt to analyze more deeply about the impact of the implementation of BPJS whether that act has naturally restrict competition. After this research, it can be concluded that. BPJS Health, in this case the implementation of an impact on a number of businesses who can not participate. The need for regulation of tariff differences hospitals and adjustment requirements to be hospitalized as a partner BPJS.Keywords: Business Competition – BPJS Kesehatan
PELAKSANAAN TANGGUNG JAWAB PERUSAHAAN TERHADAP PENERAPAN KETENTUAN WAKTU KERJA BAGI PEKERJA/ BURUH PEREMPUAN HARIAN LEPAS PADA PT EWAN SUPER WOOD KOTA PEKANBARU DENNY PRANATA AJIE; Firdaus '; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Recognizing the importance of worker/laborer for companies,governments and the public, it needs to be thought that the workers/laborers cankeep their safety in carrying out the work. Generally, the workers/laborersindividually in a weak position in the fight for their rights. Still many are notimplemented in practice the protection of the rights of workers/laborers,especially the rights of female workers/laborers. Regarding the rights ofworkers/laborers of course strongly related to working time arrangements, as inthe work with the necessary guidelines concerning the maximum working timeprovision for workers/laborers especially those who work at night.The purpose of this study was to determine the form of the implementationof the implementation of corporate responsibility towards the application of theworking time of female workers/laborers casual, to determine the factors thatcause has not been implementation of corporate responsibility towards theapplication of the working time for female workers/laborers casual and to knowthe effort conducted by PT Ewan Super Wood in carrying out its responsibility tothe application of the working time for female workers/laborers casual.From the research there are three main issues that can be inferred. First,the implementation of corporate responsibility with respect to time by theworkers/laborers female casual PT Ewan Super Wood in Pekanbaru not inaccordance with the provisions of the labor time has been set in Article 77paragraph (1) and (2) of Law Number 13 Year 2003 on Employment. Second, thefactors causing PT Ewan Super Wood has not carried out its responsibility towork hours for female workers/laborers casual is due to the availability of alimited production, distribution of production time for 24 hours per day, lack ofknowledge and legal awareness of workers/laborers and not implementation shallreport to the Department of Labor. Third, efforts made by PT Ewan Super Woodis a reward every 2 weeks working days, apply the division of labor time in twoshifts working time and provide social security to workers/laborers casual. Advicewriter, expected PT. Ewan Super Wood more attention to the rights prescribed bythe Employment Act, especially in the application of the working time and must beactively coordination between the Department of Labor Pekanbaru supervisoryagency with the company in this case is PT Ewan Super Wood.Keywords: Corporate Responsibility - Provision of Work Hours - femaleworkers/laborers casual
Analisis Hukum Kedudukan Keterangan Saksi Anak Terhadap Pembuktian Dalam Penyelesaian Perkara Pidana Di Persidangan Adella Fajria; Erdianto '; Ferawati '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Abstract

In the trial, there is some flow or process to be undertaken by one was the stage of proof, the proof holds determines to declare one's mistake so it can be a criminal sentenced by the judge. Think the children who became a witness in proving criminal acts cannot provide information under oath, while the CODE of CRIMINAL PROCEDURE requires that any witnesses for sworn in, it would certainly be a matter for the judge's ruling against a drop in criminal cases, especially against criminal cases in which the child becomes the only witness who hear, see and experience itself a criminal offence. As for the writing of theses goals, namely: first, an analysis of the legal position of the child witnesses against proofs in the settlement of criminal cases in court. Second, the basic consideration of judges in meting out the verdict against criminal cases related to the description given by children in court.This type of research can be classified in types of juridical normative research, because in this study the authors use the study material libraries such as official documents, books for research, in this study, the data source used, the primary data, secondary data and data tertier a data-collecting technique in this study with the method of the study of librarianship or documentary studies.From the results of this research can be concluded first, the information of the child cannot be given under oath, is not a legitimate instrument of evidence, but can be used as additional evidence of clue other lawful, for having a rapprochement with valid evidence, the child's information can be the Foundation to strengthen the belief of the judge. Second, information from child witnesses without oath used as instructions based on the rapprochement with other evidence into consideration judges in meting out criminal happens the difference interpretation among the judges in determining the strength of the pembuktiannya to determine the person found guilty or not guilty, judges generally freed terdakwanya with the assessment that the minors who provide information without being sworn in could not be assessed and considered as valid evidence.The author's suggestion, first, a Judge is expected to prosecute criminal cases, especially in the examination and assessment of witnesses against minors should be wise and discerning in looking for material truth of a criminal matter for the sake of a verdict based on real justice. Both need the internal regulation governing judiciary explicitly how should judges consider the child witnesses, as well as through a Supreme Court decision in favor of increasing the power of proof of child witnesses in order that its goals are achieved, namely justice, legal certainty and benefit.Keywords : Law Analysis – Position – Proof – Child Witness
PENATAAN MEKANISME PENYELESAIAN SENGKETA DUALISME KEPENGURUSAN INTERNAL PARTAI POLITIK DALAM SISTEM HUKUM INDONESIA DIKAITKAN DENGAN ASAS KEPASTIAN HUKUM Pakpahan, Recksy H.; Indra, Mexsasai; Artina, Dessy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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A political party as an organization's political base has important roles in the democratic system and determines the direction of the passage of a state. In other words, political parties act as a regulator or managing conflict (conflict management), the party serves as a means interest aggregation (aggregation of interest) which distribute variety of different interests through institutional channels of party politics. However, it is not uncommon in the diversity it has given issues to inter-party or even just an internal party elite in the party itself. Problems between the party elite in the party's internal impact on the presence of two or more groups, and ultimately led to the dualism management.In the event of a dispute in the party court internal party as a mandate of Law No. 2 of 2011 jo Law No. 2 of 2008 on Political Parties should be able to perform its role as a cutter conflict like that contained in Article 32 paragraph (5) Law Act No. 2 of 2011. Countries should be able create the party court as an party institution of free and independent in carrying out the task to examine and decide the party's internal disputes. Excluding the settlement by the party court, the legislation also mandates the party conflict resolution mechanisms through the courts. However, in order to create the internal party mechanisms to resolve disputes through the court quickly and which do not overlap the decision that ultimately disrupt the principle of legal certainty required large-scale court reform that ultimately deemed the chaotic situation the party dispute on only one court roof. On the other side also needs to do a judicial review of Law No. 2 of 2011 on Political Parties. In the bill's new later was necessary to have clear regulations about how far the government can intervene in a political party, and most importantly set out clearly how the government through the Ministry of Justice and Human Rights (Kemenhumham) can issue a decree Management of a party as a legitimate leadership legitimacy.The purpose of this thesis are: First, to determine the mechanism of settlement of internal dualism in the management of Political Parties according to Law No. 2 of 2011 on Political Parties. Secondly, to determine the ideal arrangement on settlement mechanism in the management of the internal duality of Political Parties.This research is a normative legal research or can be also called as the doctrinal legal research. From the research there two subject matter concluded, first, .dualism settlement stewardship dispute in internal political party Law No.2 of 2011 jo, Law No. 2 of 2008 on "Political Party" still very ineffective and impressed bore overlapping decision. The Supreme Party or other designations in internal political party based Law No. 2 of 2011 had an important role to solve any political party's internal conflicts to this day has not been fully resolving problems in the internal party especially at the party's internal management. Secondly, there is no clear legal arrangement regarding the dispute resolution dualism in the management of internal political party through the court (litigation), resulting in problem solving could involve several judicial bodies. On the other hand the management attestation by the Decree of the Ministry of Law and Human Rights (SK Kemenhumham) is often a tool of the government to intervene against the political parties that increasingly worsen the problems in the party's internal politics. So it is necessary rearrangement of legal regulations in terms of dispute settlement in the internal management of the dualism of political parties.Keywords: Setting Period-Notice of Commencement of Investigation-Quick Principles-The Criminal Justice System
HUBUNGAN KEPERDATAAN ANAK LUAR NIKAH AKIBAT PERCERAIAN LI’AN MENURUT KOMPILASI HUKUM ISLAM DAN UNDANG-UNDANG NOMOR 35 TAHUN 2014 TENTANG PERLINDUNGAN ANAK Mayangsari, Endah; Hanifah, Mardalena; Hendra, Rahmad
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Compilation of Islamic Law explains that children from the extramarital relationships have only civil relationship with her mother. Such conditions that, in contradiction with the Act No. 35 of 2014 regarding Child Protection which regulates the rights of children on welfare by her parents not the mother alone. The concept of Islamic law (Fiqh), a child outside marriage (zina) is the responsibility of the mother to just have a civil relationship to her mother alone, so that legally fall his obligation to provide a living, heritage and be the guardian of the child. In practice proceedings, the authors see their case Jinhuang and denial of children on the register No. 163 K / AG / 2011 in the Supreme Court is able to answer the question of the protection of children out of wedlock, while maintaining the mandate of the Act No. 35 of 2014 on Protection of Children and Islamic Law Compilation.The method used is Library Research with normative juridical approach, while the nature of this thesis research is exploratory (exploratory or browsing). How research is to conduct a literature study by visiting and looking for reference books related to several libraries. Results of the study found was the order for the achievement of the rights of a child out of wedlock as a result of divorce Jinhuang called the child of adultery, the wife who has been in the Jinhuang can attest to the Religious Court that the man is the biological father of her child and the wife was able to submit a new application to the Religious Court in terms of ratification of the child. Advice writer, is expected to the wife / woman must not approach fornication. Zina in view are forbidden in Islamic law and national law because there are parties who do not now in view of the public eye because of deeds done.
PELAKSANAAN PUTUSAN PENGADILAN TERHADAP HAK ATAS TANAH KREDIT KOPERASI PRIMER ANGGOTA (KKPA) KUD LANGGENG DESA HULU TESO KECAMATAN LOGAS TANAH DARAT KABUPATEN KUANTAN SINGINGI Jumadianto '; Firdaus '; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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The court's verdict is a statement issued by a judge to be pronounced in a public court hearing that aims to settle or terminate a civil case. The ruling is demanded for justice and what is important and decisive is the fact or event, the rule of law is a tool. As is the case in the upstream village of teso, kecamatan logas land, kuantan singingi district, where the implementation of the decision on the release of the land, it is considered an oddity, the process of execution of the verdict can not run properly, because the lack of clarity of law enforcers in decomposing Solving the root problem of land KKPA, in this study, the authors get the legal issues that should be raised in this thesis are: first how the implementation of the ruling of Pekanbaru high court against land disputes case Primary Members Cooperative Credit (KKPA) Hulu Teso Village Subdistrict Logas Tanah Darat Kuantan Singingi Regency ?, second Is the obstacle faced by bailiff of District Court in executing execution of KKPA KUD Langgeng Area Hulu Teso Village Subdistrict Logas Land of Kuantan Singingi Regency ?, third Is effort done by plaintiff to execute land decision Who is constrained in the settlement of his case ?.In this study the authors use the type of research that is juridical Normative, namely a study that discusses the principles of law, legal system, the level of legal synchronization, legal history, and comparison of law. Data collection techniques are Observation, Interview Methods, In this study the authors analyze the data qualitatively the data described descriptively from data that has been obtained.From the results of research and discussion the authors can conclude that the implementation of court decisions on execution of land KKPA tidan can be done by the plaintiffs, where the contents of the decision is still confused, it is dikeranakan by some constraints pendantanya does not contain where the litter location of the land in question, The efforts made by the plaintiffs are by conducting consensus negotiations against the defendants and local community leaders, but if this way also can not execute the plaintiffs will conduct a lawsuit again. Keywords: Implementation of Decision-Against KKPA Land

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