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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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PELAKSANAAN PEMBINAAN PENDIDIKANNARAPIDANA ANAK DI LEMBAGA PEMASYARAKATAN ANAK PEKANBARU BERDASARKAN UNDANG-UNDANG NOMOR 12 TAHUN 1995 TENTANG PEMASYARAKATAN WAHYU DERI ALDIS PUTRA; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Abstract

Implementation of Development of Education inmates children the Correctional Institution Grade II B Pekanbaru, aiming for as a effort and planned to create an atmosphere of learning and the learning process so that learners are actively developing the potential for him to have the spiritual power of religion, self-control, personality, intelligence, character noble and necessary skills themselves, society, nation and country. The purpose writing of this research, namely: first, the implementation of the Development of Education of children inmates at the Correctional Institution Grade II B Pekanbaru. Second, barriers to Development of Education of children inmates at the Correctional Institution Grade II B Pekanbaru. Third, efforts to overcome obstacles in the process of educational development of children inmates at the Correctional Institution Grade II B Pekanbaru.From the results of research can be concluded, first, the implementation of the Development of Education of children inmates at the Correctional Institution Grade II B Pekanbaru, aiming for as a effort and planned to create an atmosphere of learning and the learning process so that learners are actively developing her potential. Second, barriers to Development of Education of children inmates at the Correctional Institution Grade II B Pekanbaru include: lack of teachers, inadequate infrastructure, lack of cooperation with the relevant agencies, the lack of budget allocation for education. Third, efforts to overcome obstacles in the process of Development of Education inmates children the Correctional Institution Grade II B Pekanbaru include: provide educators with adequate, improvement of means of facilities and infrastructure in prisons, increase the allocation to the education budget, cooperation with relevant agencies maximized.Keywords: Children Education, Foster Children, Children's the Correctional Institution
PENERAPAN SANKSI PIDANA PASAL 426 KITAB UNDANG-UNDANG HUKUM PIDANA TERHADAP PETUGAS JAGA LEMBAGA PEMASYARAKATAN KELAS II A KABUPATEN BENGKALIS TERHADAP NARAPIDANA YANG MELARIKAN DIRI Febrianton '; Erdianto Effendi; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Disciplinary action to the watch officer Penitentiary Class II A Bengkalis not provide a deterrent effect. It can be seen a second case of an escaped convict. It is appropriate duty officer who had been negligent in charge of criminal sanctions Criminal Code Article 426 Penal Code, in order to provide a deterrent effect. The purpose of this thesis, Firstly, the adoption of criminal sanctions Article 426 Book of Law Criminal Law against the duty officer Penitentiary Class II A Bengkalis against an escaped convict, Second, obstacles encountered in the implementation of Article 426 Book of Law Criminal Law, third, efforts are being made to prevent the recurrence of escape.This research is a sociological juridical research. This research was conducted at the Penitentiary Class II A Bengkalis, while the sample population is a whole with regard to the issues examined in this study, the data source used, primary data, secondary data, the technique of collecting data in this study with the observation of interviews and literature study.From the research there are three main issues that can be inferred. First, the failure to apply Article 426 Book of Law Criminal Law, Second, barriers do not apply Article 426 Book of Law Criminal Law, namely the shortage of carers and to give fear to other officers to guard prisoners. Third, efforts done Penitentiary Class II A Bengkalis in dealing with inmates who escaped that limit the movement of inmates. Suggestions Author, First, apply Article 426 Book of Law Criminal Law, Second, increasing the number of guard, Third, complementary facilities and infrastructure.Keywords: Criminal Sanctions - Officer of the Watch - Inmates
PENYIDIKAN TINDAK PIDANA PENCEMARAN NAMA BAIK MELALUI MEDIA ONLINE BERDASARKAN UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK OLEH DIREKTORAT RESESRSE KRIMINAL KHUSUS POLDA RIAU Yogi Aditya Perdana; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Criminal acts constitute a criminal act that can be sentenced, any act that is threatened as a crime, a violation of either the Criminal Code or any other legislation. The defamation law or defamation through social media is a special criminal act whose legal sanction is regulated outside the Criminal Code, namely Law number 19 of 2016 regarding the amendment to Law Number 11 Year 2008 concerning Information and Electronic Transactions, as mentioned in Article 27 paragraph (3) stating: "Every person intentionally and without right to distribute and / or transmit and / or make accessible Electronic Information and / or Electronic Documents with defamatory and / or defamatory content. A person who is proven intentionally disseminating defamatory electronic information as meant in Article 27 paragraph (3) of Law Number 19 of 2016 concerning the amendment to Law Number 11 Year 2008 concerning Information and Electronic Transaction shall be charged with Article 45 Paragraph (1) of the ITE Law which states: Any Person who fulfills the elements as referred to in Article 27 paragraph (1), paragraph (2), paragraph (3), or paragraph (4) shall be punished with imprisonment for a maximum of 4 (six) years and / Or a fine of not more than Rp 650,000,000.00 (one billion rupiah). Problems and objectives to be discussed in this thesis is to know how the investigation of criminal defamation through online media conducted by the Directorate of Special Criminal Investigation Polda Riau.This type of research is sociological, because in this study the authors directly conduct research on the location or place studied in order to provide a complete and clear picture of the problem under study. This research was conducted at the Directorate of Special Criminal Investigation of Riau Police, while the population and sample were all parties related to the problem studied in this study, data source used, primary data, secondary data and tertiary data, data collection techniques in this study with Interviews, questionnaires and literature studies.From the results of the study can be concluded that the investigation by the Directorate of Special Criminal Investigation Polda Riau as not yet carry out the task Maximum. Personnel, expert staff and special facilities devoted to the investigation and investigation process are inadequate. With the lack of personnel and facilities is causing it difficult to overcome cases of defamation through this online media. Suggestions for the Special Criminal Investigation Directorate to further enhance the addition of personnel, expert staff and facilities to facilitate the investigation and investigation process.Keywords: Investigation - Defamation - Online Media - Ditreskrimsus Polda Riau
PRAKTIK POLIANDRI DI DESA PANTAI CERMIN KECAMATAN TAPUNG KABUPATEN KAMPAR Rudianto Hutagalung; Firdaus '; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Polyandry is a form of marriage that is contrary to conscience and human nature, even contrary to health. For polyandry is a form of marriage in which a woman (wife) was married to multiple husbands, so that a wife can have multiple partners (husband). Within Islam, marriage is prohibited polyandry.The problems discussed in this research is, whether the factors that led to the practice of polyandry in the coastal village of mirrors, Tapung subdistrict, Kampar. How are the legal consequences arising from the practice of polyandry in the coastal village of mirror toward marriage,basedLaw Number. 1 Year 1974 About Marriage and Islamic Law Compilation. In this study, using juridical empirical legal research. The meaning of juridical empirical research is an attempt to approach the issues examined by the nature of the law, or in accordance with the reality of life in the community. In addition to the juridical empirical research, the nature of the research is descriptive research which aims to provide a more precise picture and the concrete practice of polyandry in the coastal village of mirrors, Tapung subdistrict, Kampar district. The results showed that the practice of polyandry in the coastal village Tapung District of Kampar regency mirror is an unlawful act either in law or religion. Because in the Act nor the religion forbids polyandry.Keywords: Praktik- marriage is Polyandry
IMPLEMENTASI HAK TENAGA KERJA WANITA TERHADAP USAHA MIKRO, KECIL DAN MENENGAH DI KECAMATAN SAIL KOTA PEKANBARU BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN Rosya Luni Syarli; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Each person is essentially required to meet the needs of primary and secondary. To meet their needs, then there must be an attempt is made by bekerja.Melihat circumstances of the country now, working at a large company does require skill labor is very competitive. So that not a few people who are less able to compete in the work in the company. For people who have financially above average many are making a body of Micro, Small, and Menengah.Berbicara about workers, job placement services implemented to the workers to obtain work according to his ability, and the employer may obtain manpower in accordance with needs. Therefore it is pointed out as the competence of each individual that covers aspects of knowledge, skills, and attitudes work in accordance with established standards including wages. The review is no exception for women workers. In Indonesia alone, the worker / laborer lady pretty much cover as workers in Small and Medium Enterprises. But not a few violations in labor practices involving the rights of women workers who should not contradict with the provisions of Law No. 13 Year 2003 on Manpower. Although power kerjawanita within the scope of SMEs experienced many violations committed by businesses, but not less than those who continued his work on the grounds that the difficulty of finding a job. Setting work hours stipulated in the Act is not implemented properly. Such as setting work hours under age for female employees private rights that regulate menstrual leave or maternity leave and many other abuses committed businesses that are not in line as defined in Article 76, 77 and 82 of Law No. 13 of 2003 on Labor. There are still many businesses that often overlook the private rights of female employees by not running the legislation properly. Given this thesis, for women workers who do not understand their rights as workers, are expected for the future is able to open up horizons about the rights that should be received. This type of research is a sociological research, because the authors of the study on the effectiveness of the laws in force. This research was conducted in SMEs in the District Sail Pekanbaru city, while the sample population is a whole party related to the issues examined in this study, the data source used, primary data, secondary data and data tertiary data collection techniques in this study with interviews, questionnaires and literature study. Keywords: Labor rights, women-Micro, Small and Medium Enterprises
Analisis Yuridis Pembakaran dan Penenggelaman Kapal Ikan Asing Dikaitkan dengan Asas Praduga Tidak Bersalah Idil Nurmai Akbar; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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In the context of law enforcement at sea should the effort or action to maintain and oversee compliancewith the provisions in force in the Indonesian National Jurisdiction Sea. Government of the Republic ofIndonesia in an effort to combat Illegal fishing by reference to the statutory provision fishery has made the actof burning and sinking of the fishing vessel or a foreign flag. drown 6 (six) foreign fishing vessels (KIA) inVietnamese waters illegally flagged Batam, Riau Islands Province, on October 31, 2015. The six ships areevidence that is still in the process of investigation or do not have permanent legal force (inkracht), but haveearned the determination of the Chairman of the Batam District Court to be destroyed. It is the intention thatthe deterrent effect of the perpetrator. This paper is to analyze whether the provisions of the act of burning andsinking of the fishing vessel or a foreign flag has been in accordance with the legislation in force in IndonesiaThe purpose of this journal as follows: First, to determine how the analysis of juridical burning andsinking of the foreign fishing associated with the presumption of innocence, second, whether the burning andsinking of the foreign fishing contrary to the presumption of innocence, Third, what action should be taken incracking down on foreign-flagged fishing vessels that enter into the Territory of the Republic of Indonesia inaddition to the management of fisheries burning efforts and drownings. This type of research of this thesis is anormative legal research, or should we say doctrinal legal research.From the research problem, there are three main things that concluded, first, act of burning or sinkingof the foreign fishing carried out by the investigator based on the rule of law, namely Law No. 45 of 2009 on theAmendment of Act No. 31 of 2004 on Fisheries are still ditahap investigation are inconsistent with thepresumption of innocence, and can not be said to be in accordance with the Criminal Procedure Code.Criminal Procedure Code does not authorize the destruction of evidence in the investigation ditahap. As well asthe supervisory authority regulated fishery regulated by Article 66 C Fisheries Law can not do the provisions ofArticle 76A Fisheries Act and Article 45 of the Criminal Procedure Code. Second, the sinking of the foreignfishing contrary to the presumption of innocence and the foundation of motivation Criminal Code, namelyPlatform Philosophical (Pancasila), Platform Constitutional (Constitution of the Republic of Indonesia Year1945) and the Law on Judicial Power, as well as the operational foundation (MPR No. IV / 1978), Third, otheractions carried out in addition to the act of burning and / or sinking of the foreign fishing vessels, namely theforeign fishing vessel seized by the state. The vessels are seized by the state to be auctioned or can be donatedfor social purposes or in particular can be submitted to business groups of fishermen and/or cooperativefisheries.Key words: law enforcement, evidence, criminal acts fisheries
TINJAUAN YURIDIS PENGEMBALIAN MAHAR SETELAH PERCERAIAN MENURUT KOMPILASI HUKUM ISLAM (Studi Terhadap Putusan Pengadilan Agama Wonosari Nomor : 1023/Pdt.G/2009/PA.Wno) Icha Rezky; Maryati Bachtiar; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Pillars in marriage is something that must be met in carrying out the marriage. Pillars of marriages arranged by KHI, to perform a marriage there must be a husband, wife nominee, guardian of marriage, two witnesses, and consent and Kabul. In carrying out the final offer and Kabul, the prospective husband would give a dowry to the bride. Mahar is the right of the wife completely. Decision contested divorce Number: 1032 / Pdt.G / 2009 / PA.Wno judges decided to punish the Plaintiff to restore the entire dowry given to her husband. The purpose of this thesis, namely; First, find out about the refund rules dowry by the wife after divorce by KHI. Second, know the basic consideration of the judges against the return of the dowry by the wife after divorce in the decision on case No. 1032 / Pdt.G / 2009 / PA.Wno.From the research problem there are two main things that can be inferred. First, the rules on the return of the dowry by the wife after divorce by KHI which is contained in Article 35 paragraph (1), the husband that his wife mentalak qobla al dukhul obliged to pay half the dowry has been specified in the marriage contract. There is also Article 149 letter c KHI ie paying off the outstanding dowry in full, and half if qobla al dukhul. Second, the legal basis for the consideration of Judges in deciding the return of dowry entirely in Wonosari Religious Court Number: 1023 / Pdt.G / 2009 / PA.Wno) legally are as follows: Article 76 (1) of Law Number 7 of 1986 concerning Religious Court those relating to Article 22 paragraph (2) of Government Regulation No. 9 of 1975 on the implementation of Law No. 1 of 1974 on Marriage, Article 134 KHI, Article 19 letter f Government Regulation No. 9 of 1975 on the implementation of Law No. 1 of 1974 about Marriage, Article 1 of Law No. 1 of 1974 on Marriage, Article 39 paragraph (2) Marriage Act, Section 119 subsection (2) KHI, KHI Article 149 letter c. Suggestions Author, First, the government must immediately update the rules regarding marriage in Indonesia, particularly regarding dowry. Existing regulations are not in accordance with the times which continues to progress. Second, Judge of law enforcement in Indonesia should be able to provide the fairest verdict against existing case. That the parties understand and not feel aggrieved over the judge's decision.Keywords: Marriage - Divorce - Returns Mahar
PELAKSANAAN PERJANJIAN KERJASAMA ANTARA PT. SEPATU BATA TBK DAN PENGECER SEPATU BATA KOTA PAYAKUMBUH Mia Rosdiana; Rika Lestari; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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The agreement cooperation PT. Sepatu Bata Tbk and retails shoes Bata happen because the parties company requires retailers to channel his factory in form of shoes, bags, sandals and sock up to consumer. The company requires a retailers to outlets. The relationship retailers and the company is agreement cooperation. The implementation of the agreement did not happen well. There was disagreement happened in the implementation of the agreement. The porpose or writing this, the thesis: First, The implementation of the agreemant cooperation between PT. Sepatu Bata Tbk and retailers shoes Bata in the city Payakumbuh. Second, Barriers in practice of the agreemant cooperation between PT. Sepatu Bata Tbk and retailers shoes Bata in the city Payakumbuh. The basis of legal used in the discussion of this is the book to III BW (Burgelijk Wetbook) about agreement.The kind of this study is the research legal sosiologis. The study was conducted in the city Payakumbuh outlets the shoes Bata on the road Ahmad Yani BB1 No 4 Market tenement Payakumbuh, the county Fifty the City , West Sumatera. Populas and samples in this study is retailers shoes Bata Payakumbuh and representatives of the company of PT. Sepatu Bata Tbk authorities to the city Payakumbuh.The results of the study authors concluded, the implementation of the agreemant cooperation between PT. Sepatu Bata Tbk and retailers shoes Bata not happen well, this is evident from : First, The wanprestasi done by the like : raise a retail price of goods, reduce the sales clerk, undermining the label, late sent of goods to the store . Second, The barriers like : the delay delivery of goods to the shop, limited goods a new model, the sales of income not reaching the target. Advice from the author : The first for retails shoes Bata to study and understand the contents of the first to prevent the dispute later in the day, for the parties respecting the right and the obligation to each of the well. Second to establish good communication, because cooperation need good communication that happen in the accordance hope the party so that the obstacles in the unavoidable.Keywords : The Cooperation - PT. Sepatu Bata Tbk – Wanprestasi
TINJAUAN YURIDIS PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL PADA PENGADILAN NEGERI SEMARANG NOMOR 44/G/2013/PHI.SMG TERHADAP HAK ATASUPAH PROSES PEKERJA YANG DIPUTUS HUBUNGAN KERJA Regina Reverly; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Process Wages are the fundamental rights of an employee during the period of suspension. This process wages to employees during layoffs. Redundancies occur as a result of the unilateral termination by the employer. As long as the decision is not binding, employees are also still need to get their legislative rights due to this normative rights of workers / laborers can meet their needs. Employee wages received is the source of life. According verdict No. 44 / G / 2013 / PHI / SMG deemed not in compliance with the existing rules, because the court no wage law should be a process plaintiff was dismissed for granted by the completion perselisiham relations. The purpose of this thesis, namely: First, the right to determine to perform the work process relationship (PHK) according to the Law No. 13 2013 Labor, Second, to find out the decision of the Industrial Relations Court analysis in Semarang District Court Number. 44 / G / 2013 / PHI.Smg right to execute the work process, which ends the work relationship.This type of research used in writing this law is a normative legal research. With the method according to the literature data sources, the primary data, secondary data, and tertiary data, data collection techniques in this study by a series of operations of data analysis producing qualitative descriptive data, by studying literature.The study, there are two important things that can be derived. First, wages were the rights of workers under Article 155 Paragraph 2 of Law No. 13 of 2013, which means it is not yet completed for the court decision, the employees / workers and employers be released from his obligations. If the employee does not work prohibited for its obligations by the employer, the employees also have to resort to its right before setting the judgment labor dispute resolution institutions. Second, the Industrial Relations Court Decision No 44 / G / 2013 / PHI.Smg not comply with the principle of legal certainty, justice and the concept of worker. This is due to the lack of thoroughness of judges deciding cases and lack of respect for the rules of due process of the wages of workers / laborers unilaterally terminated the employment provided by the court. Suggestions Author, First, judges must pay attention to the rules in force, even in the case of layoffs, receive particularly regarding the right of workers / workers on the wages of the process. Second, the court must give attention to the rule of law committed as a protection against arbitrary actions by spending other people and pay attention to the rights to be accepted as a form of legal certainty. Keywords: Process Wages- PHK
PENYIDIKAN TINDAK PIDANA PENIPUAN PEREKRUTAN TENAGA KERJA INDONESIA ILEGAL OLEH KEPOLISIAN RESOR DUMAI Purba, Andry Efra; ', Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Lately in the town of Dumai happen fraud cases of illegal recruitment Indonesia, Dumai strategic location of the city to cross into the country of Malaysia. The situation is put to good use by the perpetrators of fraud recruitment of Indonesian workers illegal. Evidence of fraud cases of illegal recruitment of Indonesian workers seen from the data that the author got from Dumai Police that their cases handled by the Fraud and illegal recruitment of Indonesian workers. On May 4, 2011 with a report number LP / 97 / V / 2011, approximately at 11.30 the arrest of a suspect named Baharudin alias Heri Bador in the sea port of Dumai. Suspect wanted dispatched 19 workers to Malaysia, workers who want to depart the suspect does not have valid documents, the 19 migrant workers were promised jobs by the suspect.The problems discussed are the First, what are the factors that cause criminal fraud recruitment of Indonesian workers illegally in Dumai Police. Second, How is the investigation of criminal fraudulent labor recruitment by illegal Indonesian Police Dumai.The method used is empirical research, another term is sociological research is also called field research and descriptive research. In collecting the data, the type of data used in this study are primary data and secondary data, ie directly through written records and interviews with the Chief of Unit II of the Criminal Investigation Police Dumai, Act No. 39 of 2004 concerning the Placement and Protection of Indonesian Workers in the Wild State, law journals and books related to the research. The data analysis was done qualitatively and conclusions drawn deductively.From the results of research by the author Based on two cases of fraud committed touts the recruitment of Indonesian workers illegally that the investigations conducted by the police is important, but the role of the police to conduct an investigation into a fraud case the employment of illegal Indonesian yet was the maximum, because the perpetrators still a fugitive / escape and until now the perpetrators of fraud cases recruitment of Indonesian illegal workers has not been found. Keywords: Crime - Labor - Illegal

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