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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
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Articles 2,579 Documents
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DEWAN PERWAKILAN RAKYAT SEBELUM DAN SESUDAH AMENDEMEN UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 Merina Nurmiati; Dodi Haryono; Emilda Firdaus
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The People's Representative Council is an organ that exercises direct legislative powers in the 1945 constitution. The phenomena that occurred during the New Order era tended to benefit the executive branch. The House of Representatives of the people of the new order is only used as a "stamp institution" against government policies that deviate more and contrary to Pancasila and the law. The implementation of the budget function and the function of legislation, the People's Legislative Assembly shall always follow the will of the authorities so that the supervisory function is not effective. With the fall of the New Order regime by the reform movement of 1998 and the amendment to the 1945 Constitution, especially regarding the institutionalization of the People's Representative Council, the authority of the House of Representatives has changed. The purpose of writing this thesis are: First, to know the function of oversight of the House of Representatives before and after the amendment of the 1945 Constitution of the State. Secondly, to know the weaknesses and advantages of supervisory functions before and after the amendment. Third, to know the optimization of supervision function after amendment. This type of research can be categorized into normative legal research. Data type used primary data, secondary and tertiary data. The three main points that can be concluded are: First, before the amendment of the 1945 Constitution, the scope of the DPR's oversight function implicitly the state budget, establishes the law, The right to file an opinion, the right to file / suggest a person, the right to file a bill. After the amendment , the scope of Supervising the approval of APBN, Act and government policies, besides that the DPR can give consideration to appoint ambassadors and placement of ambassadors as well as granting amnesty and abolition. Second, weakness prior to amendment of weak supervision on prerogative right of appointment of ambassador, acceptance of other country ambassadors and appointment and dismissal of police chief and granting pardon, amnesty, abolition and rehabilitation, The role of the House of Representatives in supervision, forming a supporting instrument for supervisory function, improving supervisory performance Author suggestion Firstly, it is necessary to oversee the performance of DPR from independent bodies; Secondly, it is necessary to improve the performance of DPR.Keywords: Amendment - DPR - Monitoring function
PENEGAKAN HUKUM TINDAK PIDANA PROSTITUSI SECARA ONLINE DI WILAYAH HUKUM POLISI RESOR KOTA PEKANBARU Venny Humairah; Emilda Firdaus; Erdiansyah '
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

Online prostitution is prostitution or an activity which makes a person as an object for traded via electronic or online media, media that is in use, such as blackberry massanger, whatsapp and facebook. In other words, here the people in charge to be able to respect the norms and values contained in the lives of the people in because cases of online prostitution can destroy the future of the nation as their cases were found with offenders who were aged teenager and is still a lack of traction regulation Legislation to entrap prostitutes.In writing this essay, the writer used juridical sociological namely a review of secondary data in the form of legislation, as well as the results of the legal scholars, such as books related to the subject matter to then proceed with research on primary data (data obtained directly from respondents) . From the research problem there are two things that can be inferred. Law enforcement against criminal acts of prostitution online in Jurisdiction Pekanbaru City Police has been running and has undertaken a series of actions of investigation and inquiry to uncover cases of online prostitution. From the results of investigations conducted by the Police Resort city of Pekanbaru in the know that the perpetrators of online prostitution utilize massanger and whatsapp blackberry. Building partnerships with the broader community partnerships in the wider community to help pave the accounts relating to perjual-belian women through online media.Suggestions Author, First Law enforcement against criminal acts of prostitution online by City Police Pekanbaru should be done in a more intensive and thorough, because prostitution online is spreading very fast and the activities or transactions done through electronic media so that the police have a hard in terms of searching for evidence and peroses investigation was difficult. Second, In the hope to the community to better care for these activities online prostitution so as to facilitate the Pekanbaru City Police in tackling it..Keywords : Law Enforcement - Crime of Prostitution - Online
EFEKTIVITAS PENERAPAN PIDANA MATI TERHADAP PELAKU TINDAK PIDANA KORUPSI DI INDONESIA BERDASARKAN UNDANG-UNDANG NOMOR 20 TAHUN 2001 TENTANG PEMBERANTASAN TINDAK PIDANA KORUPSI Febri Edvio Rinaldo`SN; Erdianto '; Ledy Diana
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

Corruption is (from latin: corruption, bribery corruptore meaning ruin) symptoms in which the officials of the State bodies, misusing authority with the occurrence of bribery, counterfeiting, as well as other irregularities. According to Klitgaard corruption is a malignant disease that is eroding the health of community such as cancer diseases which step by step suppress human life.This type of research is classed in the normative legal research. The source is a secondary data are differentiated into 3 (three), that is the primary legal materials, legal secondary materials and materials law tertier. In the collection of using the method of the study of librarianship or documentary studies. The were analyzed quantitatively, outlines are descriptive of the data obtained. In drawing inferences using a deductive method of thought, that is the way of thinking that draws a conclusion from a statement or proposition that is a public statement or case is special.Of research results, first, how the application of criminal death in Act No. 31 of 1999 jo Act No. 20 of 2001 about the eradication of criminal acts of corruption? Second,how the effectiveness of the application of the criminal dead perpetrators of criminal corruption in Indonesia based on Act No. 31 of 1999 jo Act No. 20 of 2001 about the eradication of criminal acts of?The author's suggestion, first considering the negative effects of corruption is very large and dangerous to the survival of the State, the criminal dead formulation should retained and applied to the provisions pengancamannya in the legislation must be set selectively and firmer. Second, should the law enforcement, such as prosecutors, judges, and all the associated apparatus had to be more assertive and more daring again to apply the criminal died for the crime of corruption perpetrators.Keywords: Criminal Dead – A Criminal Offence – Corruption.
PERTANGGUNGJAWABAN PIDANA PEKERJA SEKS KOMERSIAL DALAM TINDAK PIDANA PROSTITUSI SECARA ONLINE BERDASARKAN UNDANG UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK DI POLRESTA PEKANBARU Risgaluh Maulidya; Erdianto Effendi; Erdiansyah '
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

Arrangements regarding the prohibition of online prostitution has beenformulated clearly in positive law but law enforcement in this case is very difficultto do. This is due to the difficulty of determining the jurisdiction of prostitutiononline criminal act in Indonesia, especially in Pekanbaru become a seriousproblem currently faced. Therefore online prostitution should be addressed in arational way. One rational efforts is with law enforcement policies. The purposeofthis study are to know the law enforcement against criminal acts of onlineprostitution in jurisdiction of Police Pekanbaru City resort, to know the policebarriers in law enforcement against criminal acts of online prostitution injurisdiction of Police Pekanbaru City resort, and to know the efforts made ofPolice to overcome obstacles in law enforcement against criminal acts of onlineprostitution in jurisdiction of Police Pekanbaru City resort. This type of researchis a juridical sociological research, the data sources used, the primary data,secondary data and data tertiary, data collection techniques in this study withinterviews and literature study. Law enforcement against criminal acts of onlineprostitution in jurisdiction of Police Pekanbaru City resort not running optimallybecause of the presence of obstacles, obstacles encountered in law enforcementagainst criminal acts of Phedofilia in jurisdiction of Police Pekanbaru City resortis in the form of internal factors and external factors, efforts to overcome thisbarrier is increasing the number of personnel investigator PPA and increaseknowledge of investigator in understanding the law enforcement.Keywords : Criminal Responsiblity – Online Prostitution
TINJAUAN PELAKSANAAN KEWAJIBAN PT. INSTRUCOM TERHADAP TENAGA KERJA DALAM PERJANJIAN KERJA WAKTU TERTENTU DI KOTA PEKANBARU Muhammad Tri Wachyu; Maryati Bachtiar; Dasrol '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Abstract

PT. Instrucom one contracting company entered into agreements with a couple of companies. The company is engaged in the oil and gas in the city of Pekanbaru in his efforts can not be separated from cooperation with other companies or other parties that support the smooth and the progress of his business. In the cooperation of PT. Instrucom employs his own workers fatherly obligations in cooperation with other companies, with the cooperation agreement between PT. Instrucom with other companies creating employment agreements and PT. Instrucom that agreement given time. In 2015, workers feel their default done by. Instrucom, breach of contract in question is the late payment of wages of workers. The problems discussed in this thesis is, first, How is the implementation agreement between PT. Instrucom and labor ?, Second, How the settlement of disputes between PT. Instrucom with labor in the event of default?The method of research in this study, using this type of research is sociological / empirical research sites in the PT. Instrucom Pekanbaru, Riau. , In this research, data collection by interview, and literature study. After the data collected then analyzed qualitatively, then conclude with the deductive method is to analyze the problems of the general form into special shapes.From the research results can be concluded, first, in the implementation of the agreement PT. Instrucom and the labor force of Employment Agreement for specific time periods, workers feel aggrieved over the delay in payment of wages by PT. Instrucom, but PT Instrucom not feel the delay in payment of wages to workers because in the unwritten agreement wage payment date tenga tersebu work, so the implementation of the pact have not been going well. Second, the dispute settlement efforts done only by way of summons or warning of the workforce and by way of a bipartite or consultation between workers and the company, but did not produce an agreement. Until now the settlement of a dispute between PT. Instrucom and labor have not found a solution.Keywords: Implementation of Obligations, Specific Time Employment Agreement, PT. Instrucom, Labor
DISPENSASI KAWIN DI BAWAH UMUR (STUDI PENETAPAN PENGADILAN AGAMA PEKANBARU NOMOR 0060/PDT.P/2015/PA.PBR) Mentari Gemilang; Maryati Bachtiar; Ulfia Hasanah
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

Underage marriage is a marriage performed by couples in which one or both of them do not meet the minimum age limit for marriage. Underage marriage is permitted with compelling reasons that should be accompanied by the establishment of the dispensation of the marriage of the Religious Court in accordance with the contents of Article 7 Paragraph (2) of Law No. 1 of 1974 About the marriage. The practice of granting dispensation of underage marriage is in need of attention and setting clear, because the provisions in Article 7 Paragraph (2) Marriage Act or the Company Act does not specify a compelling reason for a person to perform underage marriage, provide a loophole for everyone to perform underage marriage. The purpose of this essay, namely: First, to determine the legal basis for the judge to grant the request permits marriage of minors in the Religious Court of Pekanbaru. Second, to determine the factors that are considered by the judge in the Religious Court of Pekanbaru in granted dispensation to marry underage (Study of Religion Pekanbaru Court Decision No. 0060 / PDT.P / 2015 / PA.Pbr). Third, to determine the legal consequences after the child to underage marriage.Keywords: Dispensation Marriage - Marriage Underage - Religious Court
PERANAN LEMBAGA PEMASYARAKATAN DALAM MENJAGA KEAMANAN TERHADAP TERJADINYA PELARIAN NARAPIDANA (STUDI KASUS LEMBAGA PEMASYARAKATAN KLAS II A PEKANBARU) Rosyi Harwinda; Erdianto '; Ferawati '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Abstract

A person who has been convicted as an imprisonment is placed in prisons or now referred as Correctional Institution. The purpose of this Institution is not simply curbing the right of the independence of inmates, but more than that, the Correctional Institution aims to bring the inmates back to the community as an integrated people and can be responsible for themselves. But the reality does not show the purpose of this Institution as it is only limited to the expectations of the making of law. It is proven from several cases that illustrate the reality of this institution is contrary to legal purpose set up. One of many cases was inmates escaped.The purposes of this research are; First, to know the role of the Correctional Instituion Class II A Pekanbaru in maintaining security in order to prevent the occurrence of inmates escaped. Secondly, to find out the triggers of the inmates escaped in Correctional Instituio Class II A Pekanbaru. The type of this research is sociological legal which author conducts field research in order to deliver a complete and clear picture of the study case. Data collection technique in this research by doing interview, questionnaires, and the literature research.The result of this research can be inferred; First, the role of the Correctional Institution Class II A Pekanbaru in maintaining in security in order to prevent the occurrence on inmates escaped, namely: 1. Preventive Action: The Social Reintegration, of the construction, strengthening the security system. 2. The Repressive Action: Find out the cause of the inmates escaped, chronologically to from special teams to go after inmates, to coordinate with police officer, submit report to the head of the regional Human Right Riau and Director General of Corrections, coordinating with family, friends and inmates circles. Second, the triggers of the inmates escaped in Correctional Instituion Class II A Pekanbaru, namely; 1. The Internal factors; depressed circumstances in Correctional Institution, the chance to escape, a lack of security officer, the number of the occurance of the escape the triggers others inmates desire to follow friends experience in escape, 2. External Factors; finance factors from family, problems with partner which result in divorce. Family, friends and social circumstances which substantiate to escape. Author’s suggestion in this study case; First, applying strict sanctions escaped, embody criminal sanctions and disciplinary action. Secondly, to improve the management performance of Correctional Institution, by improving quality and quantity of the officer like the mentality of Correctional Institution Officer, recruiting the number of Correctional Institution Officer legally and improving the quality of security in Correctional Institution.Keywords: Role-The Correctional Institution-The Inmates Escaped
PELAKSANAAN TANGGUNG JAWAB DALAM PENGANGKUTAN BARANG LAUT PADA PELABUHAN JAYA PEKANBARU IRWAN PARDEDE; Mardalena Hanifah; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Abstract

Organizing activities in the sea transport of goods held for their agreement and the legal relationship between several parties , namely the owner of the goods , forwarder , carrier and entrepreneur ship . The parties involved in transport in the waters being responsible for the safety and security of goods are removed according to the type and amount stated in the charge documents and / or the agreement or contract of carriage has been agreed as Article 40 of Law Number 17 , 2008. The responsibilities arising as a result of the operation of the ship, destroyed , lost , or damage to the goods transported , delay in transportation of passengers and / or freight . Based on the above , the problems regarding the implementation of the author adopted is the responsibility of the parties in case of damaged / lost and delays caused by faults and constraints faced by the owners / shippers against the losses suffered. This type of research the authors classified into types of sociological research by looking at the correlation between the law society , so as to reveal the effectiveness of the rule of law in society and to identify the unwritten law in force in the community who do on-site research that is how the implementation of the responsibilities of the parties in the transport Jaya marine goods at the Port of Pekanbaru .Implementation of the responsibilities of the parties in the transport of goods by sea at the Port of Pekanbaru Jaya should run properly with in accordance with agreements made and provisions of the Act in force and on the implementation of these responsibilities , difficulties . The problem that often occurs is when the goods are shipped owner of the goods were damaged / lost and delays caused by the parties in the transport , lack of information about the procedures in filing losses to the owner of the goods and the lack of legal awareness of the parties in the transport .Keywords : Responsibility - The Parties - Sea Transport Cargo
PELAKSANAAN PEMBERIAN KREDIT DENGAN JAMINAN HAK TANGGUNGAN PADA PT. PERMATA BANK Tbk CABANG PEKANBARU BERDASARKAN UNDANG-UNDANG NOMOR 4 TAHUN 1996 TENTANG HAK TANGGUNGAN ATAS TANAH BESERTA BENDA-BENDA YANG BERKAITAN DENGAN TANAH Tama, Putra Davi; Bachtiar, Maryati; ', Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Abstract

Lending activities have become a regular thing done by people in this age of globalization. Where to supplement their daily needs and build a national economy. Various financial institutions are banks and other financial institutions, non-bank can lend money by way of a credit system. And to avoid the risk of the bank makes credit system by using collateral. PT. Bank Permata Tbk Pekanbaru Branch is one of the conventional banks in the city of Pekanbaru which help people to do the credit system by using collateral, one of its collateral mortgage rights.Based on the above, the problems which the author adopted is about the implementation of the provision of credit to guarantee the mortgage rights in PT. Bank Permata Tbk Branch Pekanbaru, implementation constraints loans with collateral security rights in PT. Permata Bank Branch Pekanbaru and settlement in the event of default on the implementation of the provision of the credit.This type of research the authors classified into types of observational research studies in a way that is direct research survey conducted at the site of research that is how the implementation of the provision of credit to guarantee the mortgage rights in PT. Bank Permata Tbk Branch Pekanbaru. The location of this study conducted at the Branch Office of PT. Bank Permata Tbk Branch Pekanbaru located on Sudirman street Number 136-138 Pekanbaru with a population of customers who make a credit agreement with the guarantee of the right of dependents that as many as 79 people with a sample of 20 people. Besides distributing questionnaires, observation and literature study, the authors also interviewed the Credit Administration PT. Bank Permata Tbk Branch Pekanbaru to obtain document.Implementation of credit to guarantee the mortgage rights in PT. Bank Permata Tbk Branch Pekanbaru is in written form by filling out a credit application form and on the implementation of the provision of credit, difficulties. Namely from the incomplete requirements so that the obstruction to do credit disbursement and also guarantee does not cover the loan so that the loan must be insured in advance. The problem that occurs is the customer in default, then the way to do is to be consulted first and last resort is to auction collateral for a collective agreement that has been done at the beginning of the credit agreement.Key Words : Credit – Collateral – Mortgage right
PENYIDIKAN TINDAK PIDANA PORNOGRAFI MELAUI MEDIA SOSIAL FACEBOOK BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK DI DIREKTORAT RESERSE KRIMINAL KHUSUS KEPOLISIAN DAERAH RIAU Hardianti N, Ririn; Indra, Mexsasai; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Abstract

One of the phenomenal case happening today is the distribute of pornographic images via facebook. Where is the account of facebook most often used as a place for the distribute the nude photo. That is not enough to distribute the pornography contain, but also write words that do not deserve to be spoken, and usually the perpetrators are also looking for an advantage over the distribute of nude photo with extortion by threatening the victim. It is certainly necessary role of law enforcement officials, especially the police in the investigations so that cases like this do not occur in the future. But the fact is happening is an investigator in the Sub Directorate of Special Criminal Investigation Directorate II Riau Police conduct an investigation only if the perpetrator is already clear only identity. So many cases are simply stalled until the investigation level only, surely this is an avenue for offenders to be free without any punishment.This type of research is classified in socio-juridical kind of research, because this research author directly conduct research on the location or point examined in order to provide a complete and clear picture of the issues examined. This research was conducted at the Special Criminal Investigation Directorate Riau Police, while the sample population is a whole party with regard to the issues examined in this study, the data source used, primary data, secondary data and data tertiary, data collection techniques in this study with interviews, and review of the literature.From the research, there are three main things that can be inferred, first that the investigation of criminal pornography through social media facebook is still not running as it should be due to administrative processes such as arrest, detention, and seizure of evidence convoluted result in the investigation process takes a long time. Second, that the bottleneck is in need of experts that more than one person for expert unavailability of experts who master the technology and information so that the investigation to inquire experts should wait on the Police Headquarters of the Republic of Indonesia, facilities and infrastructure that support the investigation process, knowledge of the investigator of crimes against cyber crime investigators resulted in a lack of personnel compared to the number of cyber crime cases that occur, as well as public legal awareness is not optimal. Third, that the efforts made in overcoming obstacles criminal offense of pornography through social media facebook is to add to add human resources to master and understand the technology and information so that each region has an expert witness cyber-certified, the policy of the headquarters of the Police of the Republic of Indonesia to add facilities and infrastructure to support the process of investigation and to send police officers to participate in training or a course in understanding the cyber crime in developed countries to be applicable in the country of Indonesia.Keywords: Investigation - Crime Pornography - Facebook

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