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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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Penegakan Hukum Piidana dallam Proses Pemeriiksaan Tiillang Berdasarkan Undang-Undang Nomor 22 Tahun 2009 Tentang Lallu Liintas dan Angkutan Jallan dii Kota Pekanbaru ', Safrudin; Haryono, Dodi; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Traffic violations often occur in various places, not just in Pekanbaru, but in nearly all parts of Indonesia, therefore, in the latest Formulate Law No. 22 of 2009 concerning road traffic and transport, law enforcement in the criminal investigation process ticketed under the Law No. 22 of 2009 on Traffic and Road Transportation in the city of Pekanbaru is still not in accordance with the laws and regulations No. 22 of 2009, because there are many traffic violators ticketed in the settlement process is done outside the court or pay on the spot, by bribing the police, the level of pekanbaru city public compliance is very low in traffic, almost every day of the traffic violation, constraints that occur in criminal law enforcement in the investigation process ticketed still lack of awareness, discipline, and lack of socialization of the Act, and the sanctions are mild and the efforts made to overcome these obstacles the traffic police continue to disseminate the law and crack down on speeding ticket fines and sanctions against motorists who violate traffic.Keyword: Criminal Law Enforcement - Ticketed Examination Process - Traffic
TINDAK PIDANA PENCURIAN YANG DILAKUKAN PADA SAAT BENCANA ALAM DITINJAU DARI SUDUT KRIMINOLOGI (STUDI KASUS DI POLISI SEKTOR RUMBAI) Virsa Ferasar; Syaifullah Yophi; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

From the results of research and discussion, it can be concluded that the First, the factors that caused the criminal act at the time of natural disasters in the jurisdiction of the Police Sector Tassel is because of the intention of the perpetrators of the crime of theft , home because of the opportunities left by the owner to evacuate and need urgent with the slow pace of assistance from the government the pretext that got refuge , Second , efforts are being made to prevent the occurrence of the crime of theft during a natural disaster is to do preventive measures , curative as well as to provide guidance to the public. While the authors suggested, the first in tackling and minimizing the crime of theft committed during natural disasters must involve all stakeholders, ranging from government, police agencies even relevant in meeting the needs of security and comfort for refugees in the camps. Second, Related to the efforts made in order to prevent the crime of theft at the time of natural disasters should be done in a sustainable and continuous, it aims to create and provide education to the community on the importance of adhering to the norms and obey the law in order to prevent the occurrence of a crime, particularly the crime of theft at the time of natural disasters.Keywords : Crime - Theft - When Natural Disasters – Criminology
KEWENANGAN PENYIDIK BADAN NARKOTIKA NASIONAL DALAM MEMBERIKAN REHABILITASI TERHADAP PECANDU NARKOTIKA BERDASARKAN UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA Riza, Iwan Lesmana; R, Mukhlis
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Abstract

Drug addicts are "self-victimizing Victims ",because drug addicts suffering from dependence syndrome as a result of drug abuse does himself. Article 54 of Law No. 35 of 2009 on Narcotics ( Narcotics Act ) states that : " narcotics addicts and drug abusers shall undergo medical rehabilitation and social rehabilitation". There are two issues raised in this study. First, how does a drug abuser can be said to be a drug addict ?. Second, how is the authority Investigators National Narcotics Agency ( BNN ) in the rehabilitation of narcotic addicts based on Law No. 35 of 2009 on Narcotics ?. Third, how is the procedure for the determination of drug addicts and rehabilitation requirements for someone to be rehabilitated by BNN ?. The research method used in this study is a qualitative study using normative juridical law derived from the data of secondary and primary legal data.From the results of the research can be submitted that a person can be said to be a drug abuser drug addicts are referring to the Decree of the Minister of Health of the Republic of Indonesia Number 422/menkes/sk/iii/2010 on Guidelines for Medical Management of Drug Use Disorders. Decisions concerning the implementation of the rehabilitation of the Narcotic Addict is guided by Article 13 paragraph ( 4 ) of Government Regulation Nonor 25 in 2011. Later in the Narcotics Law Article 75 states that BNN has the authority to conduct investigations and inquiries abuse of narcotic drugs and precursors previously independent investigative authority is the authority of the police. Further, the terms and procedures for the rehabilitation of drug addicts do is set the Narcotics Act and the Supreme Court Circular ( SEMA ) No. 07 of 2009 and the latest is the release of SEMA No. 04 Year 2010, which is a revision of the SEMA No. 07 of 2009.Keywords : Authority - Providing - Rehabilitation - Addicts - Narcotics
TINJAUAN YURIDIS TERHADAP KEWENANGAN KOMISI INFORMASI BERDASARKAN UNDANG-UNDANG NOMOR 14 TAHUN 2008 TENTANG KETERBUKAAN INFORMASI PUBLIK Iman Harrio Putmana; Emilda Firdaus; Abdul Ghafur
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Abstract

Disclose information is a kind of democracy that can be realized as people right as form of acknowledgement to human right and is a kind of goverment accountable to the people. Historically, the birth of reformation in Indonesia brough the spirit of revolution in every part of goverment’s system, including revolution to open all accesses information from goverment that previously is closed and manipulated. With birth of law No. 14 year 2008 and the formed of committee of information in Indonesia is expected to be a forum for people as a warranty to get the right of getting information, claim for goverment to open all accesses information, and provider of information to public. However, the implementation of task and authority of the commission of information still have many weaknesses. In the fifth year, the commission of information still didn’t have any action that give contribution to make a good system of goverment, honest, accountable, and away from corruption, collusion, and nepotism in Indonesia.Keywords : Commission of information , authority , law No. 14 year 2008
TINJAUAN YURIDIS TERHADAP EKSISTENSI LEMBAGA OMBUDSMAN REPUBLIK INDONESIA PERWAKILAN RIAU DALAM PELAKSANAAN FUNGSI PENGAWASAN UNTUK MEWUJUDKAN PEMERINTAHAN YANG BAIK DI PROVINSI RIAU Susanto, Muhammad Imam; Hb, Gusliana; Ghafur, Abdul
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Abstract

Characteristic of a democratic state of law, among others, is a guarantee for any person to bring an action or state governments who did or considered doing a disservice either material or immaterial. Through Law 37 of 2008 on the Ombudsman of the Republic of Indonesia, now Indonesia has had the Ombudsman, the Ombudsman called the Republic of Indonesia, which has strengthened the position and authority. In reality, at this time the function of this agency to oversee the implementation of public service less visible benefits. Society often complained about the poor public services like this. This causes that the existence of the Ombudsman less perceived by the public and cannot meet the needs of the community as a means of complaint to the public service. In addition, the output of the Ombudsman is only a recommendation which has no binding sanctions for public service agencies to implement the recommendations that have not been able to be a solution to realize the reform bureaucracy. The purpose of this thesis, namely: First, determine the existence of the Ombudsman of the Republic of Indonesia Riau Representative in the implementation of the oversight function. Second, find the efforts made by the Ombudsman of the Republic of Indonesia Riau representative in overcoming obstacles. Third, find the constraints faced by the existence of the Ombudsman of the Republic of Indonesia Riau Representative in the implementation of the oversight function to achieve good governance in the province of RiauKey word: law, banking, conventional, syariah.
TINJAUAN YURIDIS TERHADAP FUNGSI LEGISLASI DEWAN PERWAKILAN RAKYAT REPUBLIK INDONESIA SEBELUM DAN SESUDAH PERUBAHAN UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA 1945 Priadi, Yan Agus; ', Ikhsan; Haryono, Dodi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Abstract

Undang-Undang Dasar 1945 are the highest law in nations and country which Undang-Undang Dasar 1945 regulated the relationship between goverment to the country and relationship between the civilizated organization, in order to Undang-Undang Dasar 1945 can called as constitution of Republic of Indonesian. Its changes the strength of president after government stated out the law of Majelis Permusyawaratan Rakyat (MPR), are Provisionals MPR Decree No. VIII/MPR/1998 was removed Provisional MPR Decree No. IV/MPR/1983. Its dialed that Provisional MPR Decree about the Referendum, its mean nothing the problem for MPR did the reformation to UUD 1945. As the consequennce from the strength of President as the central power. ( Executive heavy).The kind of this research is used the comperative law and history law. The Study can also called as the library research because this study only based on to scunder material like material of libraries as the primary material, although in this study the writer reviewed the function of legislation of DPR RI before and after Amendments Undang-Undang Dasar Republic of Indonesian 1945 (UUD 1945) then again comphared it to get the summarizing.The formulation of this sudy is what the background of the function changes of legislation that regulated in changes of UUD 1945, and How about the different function of legislation before and after amendments UUD 1945, And what the weakness and strengths function of legislation before and after amendments UUD 1945.The result of this study showed that the background of changes the function of legislation that regulated in changes UUD 1945 are with stated out Provisionals Majelis Permusyawaratan Rakyat(MPR) is Provisionals MPR No VIII/MPR/1998 its removed Provisionals MPR Decree No IV/MPR/1983. As the conscequence from the strength of president as central power (executive heavy). While the different is there are separation of power from president to DPR, to the strength mecanisme check and balances, there are addition in planning process of the legislation form which doing legislation national progam (Proglegnas) and increasing Academic texts in planning of the legislation form. Althought to be the strength and the weakness function of legislation before and after Amendments UUD 1945, the function of legislation is president. So regulation of legislations which as result suit to necessary of executive as actor of legislations while after amendments is return it the function of DPR. In additition to be the weakness is the formed UU time necessary longer than that nothing procedure more continue if “Dead Lock” in learning between president and DPR, its caused productifity of formed legislation is“somewhat barren”
PERLINDUNGAN NEGARA TERHADAP HAK KONSTITUSIONAL ANAK TERLANTAR DI INDONESIA Zulfahmi '; Dodi Haryono; Emilda Firdaus
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Abstract

Children's rights are an essential part of the human rights contained in the 1945 and the United Nations convention on the rights of the child , therefore we have to fix the whole issue of children as contained in the Convention on the right of the child which has been ratified since 1980 , based on Child Rights Convention in general, Neglected children‟s who for some reason his parents neglect and or unable to perform his duties so that a child needs both physical , spiritual and social are not met . Neglected children are children aged 5-18 years who for some reason so can not with reasonable basic needs whether physical , spiritual , and social . The purpose of this thesis namely : The First , How to setup the constitutional rights of abandoned children in the laws and regulations in force in Indonesia ,the second , how the scope of the constitutional rights of abandoned children in Indonesian , three advantages and disadvantages constitutional right settings waif in laws and regulations applicable in Indonesian . the research can be classified in this type of normative legal research or also called doctrinal legal research . Definition of normative legal research or legal research is the research doctrinal document library or study . From the research, there are three main things that can be inferred that , the First , How to setup the constitutional rights of abandoned children in the laws and regulations in force in Indonesia , the second , how the scope of the constitutional rights of abandoned children in Indonesian , the third , advantages and disadvantages setting the constitutional rights of abandoned children in the laws and regulations applicable in Indonesia . Suggestions of the author , the first , the Government at the time of policy or legislation should be to the benefit of and impartially to the problem of abandoned children because no matter what they as the people of Indonesian . This function to maintain the state of abandoned children will be realized in solved. The second , to overcome the problem of abandoned children can be done in the following way : given shelter / home school education for abandoned children , free education of abandoned children , and welfare facilities the people of the state need to be improved , increase access to scholarships , increase learning system , balance of learning , play , achieve, maintain and appreciate the creativity of children , families empowering . Keywords : Protection of Constitutional Rights – State - Neglected Children
PELAKSANAAN PIDANA MINIMUM KHUSUS DALAM PERKARA ANAK DI WILAYAH HUKUM PENGADILAN NEGERI PEKANBARU Fauzi Rizky; Mukhlis R; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Abstract

Setting a minimum penalty of this particular provide restrictions on freedom did the judge in the verdict , the District Court judge's ruling presence Pekanbaru containing about criminal punishment under the age of criminal defendants specifically towards children who are threatened specifically in violation of minimum criminal provisions of Article 81 paragraph ( 2 ) of Law Act No. 23 of 2002 on Child Protection. Then there are three formulation of the problem in writing this essay: How specialized in the implementation of minimum criminal case law child region of the District Court of Pekanbaru?, How considerations judges in criminal punishment under special minimum punishment in the case of children in the jurisdiction of the Court Pekanbaru country?, What barriers and efforts to overcome obstacles in the imposition of criminal punishment under special minimum in the case of children in the region of the Law Court of Pekanbaru?The research method in this study. Sociological type and legal research is descriptive. The location research of the District Court of Pekanbaru , sources supported by primary and secondary. The data collection techniques used were interviews and review of literature . After collected was then analyzed qualitatively , and draw conclusions with deductive thinking method is to analyze the problems of the general form to a specific shape.From the results of research and discussion, it can be concluded that , first , implementation of minimum criminal jurisdiction in the District Court of Pekanbaru there are 4 ( four ) children who are threatened criminal case specific minimum , one of which impose criminal punishment under special minimum . The second consideration is divided into 2 ( two ) , the consideration of judicial and non- judicial considerations . Third Barriers include : obstacles in terms of evidence and the scope of a certain age , mental limitations in the soul of the child testified in court , it is difficult to achieve peace , and effort to overcome barriers: law enforcement can corroborate the testimony of victims by using clues , while the child's limited mental ability in providing information , can be accompanied by an expert witness who is a psychologist, in terms of insiders, the judge approached the family of the victim so that the presence of peace .Keywords : Implementation of Special Minimum - Criminal – Child Case
DISPARITAS PENUNTUTAN PERKARA TINDAK PIDANA KORUPSI DI WILAYAH HUKUM KEJAKSAAN TINGGI RIAU Tri Wulandari Adhyaksa; Mukhlis R; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Attorney who is given the authority to conduct the prosecution of corruption cases seem less than optimal so that corruption cases has increased from year to year , although in this case the criminal decisions handed down by the judge but the prosecutor gave the facts to the judge for a legal verdict . so the purpose of the imposition of criminal sanctions in an effort to tackle corruption cases do not provide a deterrent effect against perpetrators . In making the charges in several corruption cases , the public prosecutor in the case ensnare the perpetrators either same or different from the same article . As for the purpose of writing this thesis , namely : First , to know how to overcome the disparity of prosecution of corruption cases in the jurisdiction of the High Court of Riau , Second, to determine the Attorney constraints in conducting prosecution of corruption crimes in the jurisdiction of the High Court of Riau. The conclusion that can be derived from research First , to address the disparity in the prosecution of corruption cases that follow pidan : Creating Refers Charges In Law and Related Regulations , Guidelines for Criminal Prosecution , Directive Leadership . Second , constraints in doing Prosecution Attorney Corruption Case in High Court jurisdiction Riau , namely : first defendant Blurred / List People Search ( DPO ) and Decision of Judge Not Match With Prosecution Demands / straatmach .Keywords : Disparity in Criminal - Attorney - Prosecution - Corruption
PELAKSANAAN FUNGSI PARTAI POLITIK DI WILAYAH KOTA PEKANBARU DALAM MENYERAP, MENGHIMPUN DAN MENYALURKAN ASPIRASI POLITIK MASYARAKAT BERDASARKAN UNDANG-UNDANG NOMOR 2TAHUN 2011 TENTANG PERUBAHAN ATASUNDANG-UNDANG NOMOR 2 TAHUN 2008 TENTANG PARTAI POLITIK Rofika Shopia; Dodi Haryono; Junaidi '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Abstract

Law Of Republic Indonesia Number 2 Year 2009 concerning the changing Law Of Republic Indonesia Number 2 Year 2008 concerning Political Party which ruled political party as democratic based to run its function as absorber, collector, and people aspiration distributor that should be done continuously by political party members. But in fact, political party in this case, its function only has been done bt members who want to be legislative candidates or executive candidates in election. Based on this issue, problem identification in this thesis, are: first, how do political party mechanism in absorbing, collecting, and distributing people aspiration? Second, did it run well? Third, what are the challenges and effort which are done by political party in absorbing, collecting, and distributing people aspiration, and also its problem solving to solve the challenges?This research is sociological law research and descriptive. This research was located in Region Representative Committee Office Of Golongan Karya Party in Pekanbaru, Branch Representative Committee Office Of Demokrasi Indonesia Perjuangan Party in Pekanbaru, and Region Representative Committee Office Of Amanat Nasional Party. The data which is used consist primary data and secondary data. Technically data was collected by field study (interview and questions and library study). Then analized qualitatively and make conclusion by deductive thought method.Based on this research , as results we know that absorbing , collection mechanism, and distribution of people aspiration has no specific rule sin those parties especially about the mechanism so parties can make their own conclusion about people needs, political party still not optimum or maximumin doing their functions in absorbing, collecting, and distributing people aspiration. There are many challenges such as party’s member have less participation, people society have less participation, the improvement of negative thinking or mind around the people and limited resources. The solution is by making a value system and sanction to members , build a good relationship with NGO, enlighment society mind, and find another source which has no boundaries.Key Word : political party – aspiration - society

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