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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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PENEGAKAN HUKUM PIDANA DALAM UPAYA PEMBERANTASAN TINDAK PIDANA PENCUCIAN UANG YANG BERASAL DARI HASIL TINDAK PIDANA NARKOTIKA DI KOTA PEKANBARU (Studi Pada Kejaksaan Negeri Pekanbaru) Ananta, Bella; Effendi, Erdianto; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The crime of illicit drug trafficking has long been believed to have a close relationship with the money laundering process. Organized crime always uses this money laundering method to conceal, disguise or obscure the illicit business result in order to appear as if it were the result of legitimate activities. The proceeds of the narcotics sale are used again to commit a similar crime or develop new crimes. Background of illegal narcotics perpetrators who transfer and conceal the property of proceeds of crime through the financial system and reinvest the proceeds of crime for further criminal acts or into legitimate business.This type of research can be classified with the type of sociological juridical research, 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 study was conducted in the jurisdiction of the Pekanbaru District Attorney, while the population and sample were the whole parties related to the problems studied in this study. Sources of data used, primary data and secondary data and tertiary data, data collection techniques in this study by observation, interview and literature study.From the results of this study that the authors do can be concluded. First, the process of the case has been implemented starting from the research process. Police investigator investigations, complete court files (P21), court proceedings to court, indictment, prosecution, verdict, until the prosecutor executes the judge's verdict. Secondly, the obstacles faced coming from Narcotics crime are divided into 2, namely Internal Barrier: Politic Will or the will of the authorities and still lack of training and money laundering education on a scale. External Barriers: The limited authority of PPATK, For Financial Service Providers / CHD has not been optimal with the principle of knowing the customer, understanding of reversing or reversing the burden of proof.Keywords: Law Enforcement - Proof - Money Laundering
PEMBAGIAN HAK WARIS PADA PERKAWINAN POLIGAMI DALAM MASYARAKAT ADAT MINANGKABAU KECAMATAN MATUR KABUPATEN AGAM Hasanah, Ulfia; Zuliantika, Ananda; Ismi, Hayatul
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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In Minangkabau indigenous peoples the search property of husbands dividing their inheritance rights under Islamic law both in monogamous marriages and polygamy. Basically polygamous marriage must have a lot of husbands injustice as the head of the household. The division of inheritance of Islamic law in Minangkabau adat is somewhat ambiguous as the understanding of Minangkabau indigenous people towards Islam is low. In the general community, especially Agam Regency, there are still many problems faced in terms of distribution of inheritance, then in writing will be discussed about the prerogative of inheritance rights in polygamy marriage in Minangkabau indigenous people. The purpose of writing this thesis, namely: First Knowing how to divide the heirs in polygamy marriage in Minangkabau indigenous people Matur Sub-district Agam regency, Second Knowing the obstacles in the issue of division of inheritance rights in polygamy marriage in Minangkabau indigenous people Matur sub-district Agam regency.This type of investigation can be categorized into a sociological juridical research type. 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 in Matur sub-district, while the population and sample were all parties related to the problem studied in this research. Sources of data used, primary data, secondary data and tertiary data, data collection techniques in this study by observation, interview and literature study.From the results of the study concluded that the division of inheritance on the wife and children in polygamous marriage in Minangkabau indigenous people has not been fully done inheritance law of Islam. Distribution of inheritance in the form of deliberation with consensus with the whole family. The problem that arises in the distribution of inheritance to wives and children in polygamous marriages in Minangkabau indigenous peoples is that the nephew / nephew is included in the heirs who are entitled to the heirs private property. It is not in accordance with the division of inheritance in accordance with the Islamic inheritance law which prioritizes the distribution of inheritance to the wife or children of the testator as regulated in the Quran Sura Annisa. If a dispute arises between the two, the standard is perfect, that is, the law of inheritance of Islami.Keywords: Inheritance - Polygamy - Islamic Heritage - Minangkabau
IMPLEMENTASI PERATURAN DAERAH PROVINSI NOMOR 3TAHUN 2015 TENTANG BANTUAN HUKUM BAGI MASYARAKAT MISKIN Citra Buana; Mexsasai Indra; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Abstract

Legal aid is a special legal service provided to the poor who require free defense, both outside and inside the court, criminal, civil and administrative, from someone who understands the ins and outs of legal defense, principles and rules law, and human rights.In the Criminal Procedure Code (KHUAP). Legal assistance only regulates the conditions for obtaining legal assistance, does not clearly explain what is meant by legal aid itself as contained in Article 56 paragraph (2) which reads: "a legal adviser appointed to act as referred to in paragraph (1) , provide free legal assistance ".This type of research can be classified in the type of sociological juridical research, because in this study the authors directly conduct research on the location or place studied to provide a complete and clear picture of the problem under study. This research was conducted at Pekanbaru Legal Aid Institute - Indonesian Legal Aid Foundation, and Legal Bureau of Riau Province Secretariat, while population and sample are all parties related to the problem studied in this research, data source used primary data, secondary data, and tertiary data, data collection techniques in this study were conducted with questionnaires, interviews, and literature review.From the results of research problems there are three main things that can be concluded. First, the Implementation of Provincial Regulation No. 3 of 2015 on Legal Assistance for the Poor Being able to be done well, so that the implementation does not work. Secondly, the obstacles faced in the Implementation of this Regulation are the absence of governor's rules or regulations, not yet the implementation of the local regulation of the Minister of Home Affairs, and the unfinished discussion of the budget for legal aid programs for the poor in riau province. Third, the efforts undertaken by the Government in overcoming obstacles from the implementation of the legal aid program that is a social assistance fund (Bansoso). Suggestion Writer, First, in implementing legal aid program that is supposed to make preventive effort like socialization, workshop, and others. Second, by the provincial government, it is necessary to fix internal and external factors. Thirdly, the Riau Province Pemritah is more active in learning or introducing legal aid programs to the poor who are both in court and outside court.Keywords: Implementation, Local Regulation, Legal Aid, Poor People
PERLINDUNGAN HUKUM BAGI NASABAH TERHADAP AGEN BRI LINK BERDASARKAN PERATURAN OTORITAS JASA KEUANGAN NOMOR.19/POJK.03/2014 TENTANG LAYANAN KEUANGAN TANPA KANTOR DALAM RANGKA KEUANGAN INKLUSIF DI WILAYAH KOTA PEKANBARU Lubis, Putri Nurhasanah; Bachtiar, Maryati; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Banking transactions can be done without having to come to the bank office, that is with theexistence of technology-based banking services such as telephone, sms, banking, ATM, and thelatest with brokers bank agents branchless banking service which is a service without office by notthrough office network but use information technology in its operations and requires cooperationfrom other parties that is the agent as an arm of the bank to provide banking services to people whodo not know, use and or obtain banking services and other financial services.The research is to know the legal protection for customers against the users of BRI LINKAgent service under the Regulation of the Financial Services Authority Number. 19 / POJK.03 /2014. And know the efforts made by the bank if the customer suffered losses on transactions in theAgent BRI LINK. This type of research is sociological juridical. This research was conducted atseveral BRI LINK Agencies in Pekanbaru City Area, while the population and sample were allparties related to the problem studied in this research, data source used, primary data, secondarydata and tertiary data, data collection technique in research this is by observation, interview andliterature study.Conclusion, First, the Bank must provide protection to its customers, both preventive andrepressive. This preventive protection on Branchless Banking Services, which is obliged to provideinformation in terms of delivery of products services Agent BRI LINK, the imposition ofadministrative costs and even obliged to educate the public and business actors with the aim tounderstand in the use of services Agent BRI LINK While the protection customer in a repressivemanner, the Bank must provide a customer complaint scheme. Secondly, while legal protection forBRI LINK Agent agent can only be realized with the participation of various parties. Author'ssuggestion, First, it is desirable for the Customer to be more proactive to know its rights andobligations and also the Agent should be more open and improve its performance. Secondly, it isexpected for customer service user of BRI LINK Agent to always pay attention to the amount ofmoney sheets, to avoid mistake between agent and customer . As for Publisher Organizer of BRILINK, especially PT. Bank Rakyat Indonesia Persero (Tbk) in order to provide and add specialtraining to candidates of BRI LINK Agency in Pekanbaru city area.Keywords : Customer, Branchless Banking Agent Transaction
PENEGAKAN HUKUM TERHADAP PELAKU PUNGUTAN LIAR DENGAN MODUS UANG ADMINISTRASI DI KANTOR KECAMATAN RUMBAI BERDASARKAN UNDANG-UNDANG NOMOR 20 TAHUN 2001 PERUBAHAN ATAS UNDANG-UNDANG NOMOR 31 TAHUN 1999 TENTANG PEMBERANTASAN TINDAK PIDANA KORUPSI Erna Puspita Sari; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Abstract

One form of corruption that often happens in everyday life is illegal levies. Illegal charges are often conducted in various modes, one of which is administrative money in the management and publication of residence documents in government agencies such as in the Rumbai District Office. Thus, it includes illegal bans and individuals who can be convicted under Law Number 20 Year 2001 Amendment to Law Number 31 Year 1999 concerning the Eradication of Criminal Acts of Corruption. Based on this fact, then there are three formulation of the problem in writing this thesis, namely: First How law enforcement against the perpetrators of illegal levies with the mode of administration money in Rumbai District Office Based on Law Number 20 Year 2001 About Corruption Eradication ?, second, what obstacles in law enforcement against illegal levies in Rumbai District Office ?, third what is the effort done in law enforcement against illegal levies in Rumbai sub-district office ?. The research method in this research is qualitative research method with empirical juridical approach or sociological law research. Data sources are supported by primary and secondary data sources. Data collection techniques used were interviews, questionnaires and literature review. After the data collected then analyzed qualitatively, and draw conclusions with the deductive thinking method of analyzing the problem from the general shape to the special form. From the results of research and discussion it can be concluded that, Law enforcement against the perpetrators of illegal levies by civil servants will be applied Article 12 of Law Number 20 Year 2001 Amendment to Law Number 31 Year 1999 on the Eradication of Corruption but the illegal charges that occurred in the Office District of Rumbai conducted by employees for the sake of personal interest as if it has become a habit. Residents who feel restless but do not report the action make the employees who do it does not have a deterrent effect. The obstacles in law enforcement are the absence of reports from the public, Financial (Finance), Lack of Concern and Awareness of Law Society, Culture and Habit, Lack of cooperation of Regional Supervisory Board and Police Apparatus. Some efforts were made to overcome these obstacles by giving a plea for notification of the prohibition of corruption, socialization of the people of Rumbai Sub-district, and improving the cooperation of the Regional Supervisory Board and the Police Service. Keywords: Law Enforcement-Corruption-Illegal Drawing
TINJAUAN YURIDIS KEDUDUKAN ANAK DALAM PERKAWINAN CAMPURAN DITINJAU DARI UNDANG-UNDANG NOMOR 12 TAHUN 2006 TENTANG KEWARGANEGARAAN Boris Brison; Maryati Bachtiar; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Mixed marriage in Indonesia has been widely practiced in Indonesia. Marriage conducted between citizen and foreign citizen can bring legal effect to husband and wife who do the mixed marriage, both about citizenship of couples of citizen in this case married to foreigners. In civil law, it is known that man has a legal status since he was born, Article 2 of the Criminal Code provides an exception that a child still in the womb can be a legal subject if there is a desirable interest and is born alive. Man as subject of law means to have rights and obligations, as well as to children, children have authority in the status of property ownership in the household and have inheritance when the divorce arises from the marriage of both parents. With the many occurrences of mixed marriages in Indonesia, legal protection in mixed marriage and child protection in this mixed marriage should be well accommodated in Indonesian legislation.This type of research is normative legal research that focuses on the level of legal syncrosion with document studies on the position of marriage mixed children according to Law No.12 of 2006 on Citizenship, while if viewed from the nature of this research is descriptive. This study uses secondary data that is ready-made dataThe result of this research is the position of the child of mixed marriage products according to Law Number 12 Year 2006 regarding the Citizenship of the Republic of Indonesia that the child of the mixed marriage has the right to decide or to choose citizenship. The right is granted if it meets the requirements set after the age of 18 years. The provisions governing to elect citizenship to a child of mixed marriage shall be provided only to the child who is registered or registered at the Immigration Office. Factors that cause child custody in the case of divorce are in the father of foreign citizenship is the cause of divorce comes from Mother, father has more ability in financing life of child and child of its own who wants parenting is on your side.Keywords: child status, mixed marriage.
PERLINDUNGAN TENAGA KERJA TERHADAP PENGATURAN WAKTU KERJA DI PT. QUALITY SOLUTION Fani, Said; Bachtiar, Maryati; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Employment protection against working time at PT. Quality Solution needs supervision, this is caused because there are still many entrepreneurs who violate the rules about working time for their workers, the working time arrangements that apply resulted in losses for the workers in due to non-fulfillment of the right workers. Due to the improper application of working time, the Entrepreneur shall be liable for losses suffered by the employee.The issues discussed are Firstly, on how the implementation of labor protection whose working time exceeds working hours is reviewed from Law Number 13 Year 2003 on Labor Affairs, and Secondly how the responsibility of PT. Quality Solution on the rights of workers that are violated in terms of Law Number 13 Year 2003 concerning Employment.The research method used is empirical research, another term used is sociological legal research is also called field research and this research is descriptive. In data collection, the type of data used in this study is primary data and sekuder data, namely directly through respondents (field), Law No. 13 of 2003 on Employment, legal journals and books related to research. This data analysis is done qualitatively and deductively deduced.From the results of research conducted by the author, it was found that the application of such work time for workers already excessive from existing rules, so that it could harm the workers because their rights are not met. So on the basis of this need a very good labor protection and supervision of the implementation of work time by PT. Quality Solution.Keywords: Protection - Labor - Settings - Working Time.
TINJAUAN YURIDIS TERHADAP PUTUSAN PENGADILAN AGAMA PEKANBARU TERHADAP PERCERAIAN TANPA IKRAR TALAK (Studi Putusan Nomor : 0600/Pdt.G/2015/PA.Pbr) Nurlia '; Maryati Bachtiar; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Article 1 of Law Number 1 Year 1974 Concerning Marriage affirms,marriage is the inner birth bond between a man and a woman as husband andwife, with the aim of forming a happy and eternal family (household) based on thedivinity of the One Supreme. However, maintaining a household is not easy. Thebreakup of marriage for three reasons, namely divorce, death and court decisions.Literally, talak means freelance and freedom. Divorce divided again that is,divorce raj'i or divorce 1, may refer before the iddah ends. Divorce ba'in small ordivorce 2 which in the sense can still be re-referenced, and divorce ba; in sughratalak 3 can not return before ex-wife married to another man and divorced.The consideration of the judges of the Religious Courts of Pekanbaru inhandling divorce cases without the pledge of divorce which the authors obtainedfrom the copy of number 0600 / Pdt.G / 2015 / PA.Pr., Is the verdict of the trial ofthe pledge of divorce between the applicant, Efendi bin Zahar Labai with theRespondent Neli Ernawati bint Syahril. Whereas in the rule of Islamic law if therequirements of divorce are fulfilled then divorce has been considered fallen. Inthis case Efendi bin Zahar Labai and Neli Ernawati bint Syahril have been legallydivorced according to Islam but there is still a legitimate marriage bond betweenthem. According to a positive judicial review, the judges consider no divorcebetween the applicant and the requested party, as the appellant of therepresentative / his proxy does not come to the pledge of divorce even afterexceeding the 6 (six) month period. According to the authors this does not givecertainty to the petitioners for their status, their divorce is not legitimate in theeyes of law because divorce is considered lawful if it has been decided by thecompetent court and also executed in accordance with the applicable law, butaccording to Islamic Shari'a still has fall of divorce to wife.Keywords: Divorce_ Pledge of Talak
Pelaksanaan Tanggung Jawab Oleh PT. Pos Terhadap Pengiriman Apabila Terjadi Kerusakan atau Keterlambatan (Studi Kasus PT.Pos Cabang Pekanbaru) Irma Esterina Ginting; Firdaus '; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Article 31 of Law Number 38 Year 2009 on Post stipulates that Post Operator must compensate for damages suffered by postal service users due to negligence and / or errors of postal organizer. Users of late package and mail delivery services obtain legal protection provided by PT. Postal items will be processed and provide compensation allowance in accordance with the rules applicable and in accordance with the decision of the Board of Directors. If the package and the letter is damaged or not up to the service user, PT. Post will give the responsibility to users of PT.Pos service but here the postal party neglected in his responsibility. The purpose of writing this thesis, namely: First, To know How the legal protection of users of packet delivery services at PT. Pekanbaru Branch Posts, Secondly, To find out what form of accountability is given by PT.Pos Indonesia Pekanbaru Branch if there is a claim from the user of the package delivery service PT.PosThis type of research can be classified in the type of research is a type of research that is sociological research on the effectiveness of the current law.From the results of the research the problem is clear that the legal protection of users of package delivery services at PT. Pekanbaru Branch Post is because it does not run smoothly and the number of negligence made by the post that can harm the postal service users themselves. On the postal service user who sends a letter or package that does not use express service, the estimated time of mail or package is within 7 days but the package has not reached within 7 days, the package is more than 7 days and not delivered to the package address Sent. Form of accountability provided by PT.Pos Indonesia Pekanbaru Branch if there is a claim from the user of the package delivery service PT.Pos is PT.Pos liability to the damage and delay of the package has not run smoothly which should be post if there is damage to the will be Process and provide compensation benefits in accordance with applicable rules and in accordance with the decision of the Board of Directors. If the package and the letter is damaged or not up to the service user, PT. Post will give the responsibility of the shipment will be replaced the cost of delay that is: 1 ½ x postage using Price Dependency Value of Goods (HTNB) and 1 x postage that does not use the Price. Keywords : Legal Protection-Accountability- PT.Pos-User Services
PEMBUKTIAN TERHADAP UNSUR KERUGIAN KEUANGAN NEGARA PADA KASUS TINDAK PIDANA KORUPSI Ilhamdi Arfan; Erdianto '; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Abstract

National Development aims to realize the Indonesian people as a whole and the Indonesian community as a whole that is just, prosperous, and orderly based on Pancasila and the 1945 Constitution. To realize the just, prosperous and prosperous Indonesian society, its necessary to continually improve the efforts prevention and eradication of criminal acts on general and criminal acts of corruption in particular. Amid the national development efforts in various fields, the aspirations of the people to eradicate corruption and other forms of irregularities are increasing, because in the reality of corrupt deeds have caused huge losses of the state which in turn can have an impact on the emergence of crises in various fields. The purpose of this thesis is to know how to prove the element of state financial losses in cases of corruption and what is the basis of consideration in determining the state financial losses in cases of corruption.This research is a normative research or literature research, which is the type of research conducted by examining secondary legal materials or research based on book rules that have been recorded, also called library research. In this case the writter focus on research on the principle of law, by tracing the various regulations that have to do with the proof of the element of state financial losses in cases of corruption.From the results of the research that the writter do can be concluded, the first proof of the element of state financial losses has been started since the investigation where the investigator asked the expert to conduct an investigative audit and produce investigative audit results, the results are used in the trial contained in the indictment, although the investigative audit carried out independently and objectively the judge did not have to follow the amount of financial loss of the state calculated by the expert. The judge determines the amount of financial loss of the state based on the facts revealed in assembly, this is in accordance with the duties of the judge who are obliged to maintain the independence of the judiciary, but the difference in the calculation of state losses affects the return of the state financial losses that are not maximal due to corruption. The second basic considerations in calculating the state financial losses made by experts based on investigative audit while judge based on facts revealed in the trial. The difference in the calculation of state financial losses caused by the different methods of calculating state financial losses, although the source of financial loss is the same.Keywords: Proof - Finance - Country – Corruption

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