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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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TINJAUAN KRIMINOLOGIS TERHADAP PENYALAHGUNAAN NARKOTIKA DIKALANGAN PELAJAR DI WILAYAH HUKUM POLISI RESORT KOTA PEKANBARU Goklan Tamba; Syaifullah Yophi A; 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

Adolescence is transition periode, where at the time of such instability is often the case that emotional and psychological well. That's what makes teenagers or students often perform deviant behavior such as juvenile delinquency said. Juvenile delinquency is a collection of various teenage behavior that is socially unacceptable causing criminal action. Juvenile delinquency is a lot going such as smoking, fighting, and narcotics. The number teenagers who fall into drug abuse to environmental factors such as promiscuity is not supervised parents, from broken home, as well curiosity so try using narcotics. Based on above description essay aims to determine the factors that cause crime drug abuse among students in the jurisdiction Police Resort Pekanbaru, know modus operandi the drug abuse, determine effort Police made Pekanbaru to the prevention and drug abuse among students.This type of research is conducted legal research Sociological. The data used is primary data collected directly from the writing of this paper the author uses research methods that are field, The results; First, the factors influence occurrence of the crime of drug abuse in Pekanbaru, among others : the first factor is less parental attention , and felt alienated, second factor environment in which people live, and the third is the taste factor curious and try that led to the crime of drug abuse. The modus operandi of perpetrators criminal acts committed by drug abuse among adolescents narotics easily obtained and used at night, Third prevention efforts and precautions taken handling crime of drug abuse among adolescents in Pekanbaru with preventive and repressive.Keyword : Criminologicalcrime – Narkotics - Student
PERJANJIAN KERJASAMA WARALABA, ANTARA PT. RAOS ANEKA PANGAN DENGAN NY. HJ. MARYENIK YANDA, SH. Ilhamdi '; Rahmad Hendra; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Abstract

The franchice agreement has distinctive characteristics of this form of agreement in general. Clause franchise agreements generaly even been determined by government regulation number 42 of 2007 on franchise.To ensure legal certainty in the franchise business franchisor and franchisee always make the franchise agreement. The franchise agreement is a very important position in the franchise business, to get a Franchise Registration Certificate. The purpose of this thesis to determine the rights and obligations of the franchisor and the franchisee in a franchise business execution raos noodles and to investigate the problems and constraints to the implementation of the franchise raos noodles under the franchise agreement, between PT. Raos Aneka Pangan with Ny. Hj. Maryenik Yanda, SH. This type of research is empirical juridical research. Empirical legal research is primarily a study of the laws of nature describe or depict a conflict between the law in books and law in actions. The data source used is the primary law, secondary and tertiary. From the results of this study concluded, the rights and obligations in the execution of the franchise agreement, is required to be made in the content of the franchise agreement as mandated by Article 5 of Government Regulation No. 42 Year 2007 on Franchising. While the problems and obstacles that a lack of attention in fostering business Franchisor Franchisee Franchisee thus can be considered to run his own business.Keywords: Franchise Agreement, Franchisee And Franchisor.
ANALISIS TERHADAP PUTUSAN HAKIM NOMOR 534/PDT.G/2013/PA.PBR.PADA PERKARA CERAI GUGAT OLEH PEGAWAI NEGERI SIPIL DI PENGADILAN AGAMA PEKANBARU YENI FEBRIZA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Abstract

According to Article 1 of Law No. 1 of 1974 on Marriage, marriage is the emotional and physical bond between a man and a woman as husband and wife with the intention of forming a family (household) are happy and eternal berdadasarkan Belief in God Almighty. Marriage is a sacred bond that is also associated with the faith and belief in God. So it is not based on one's desire, but there is a dimension of worship in a marriage. Thus marriage should be maintained properly so what is the purpose of marriage in Islam that is the realization of a prosperous family (sakinah, mawaddah, warahmah) can be realized. Pekanbaru City Region which incidentally have enough qualified civil servants in the government sector is irony to be one area that the divorce rate sufficient to increase every year in the jurisdiction of religious courts Pekanbaru. Class 1 A religious court Pekanbaru as a research done, the courts that are within the judicial power in the judiciary menaganani divorce cases, including contested divorce cases, both contested divorce or divorce from the usual accountability among civil servants. Based on the above settings should any civil servant who wants to file a divorce was required to obtain permission from the supervisor or the competent authority, but in practice the civil divorce case is still there that did not get permission from the authorities but still be processed until the verdict as was the case Judgment in case No. 534/Pdt.G/2013/PA.Pbr.Based on the background above, the writer wants to know What are the reasons for divorce in the decision contested by the plaintiff No. Is 534/Pdt.G/2013/PA.Pbr and basic considerations in the decision of the judge that it meets the principle of legal certainty.This type of research when viewed from the angle of its kind, this research can be classified to normative research. Normative research is legal research library that includes the study of the principles of law, the source of the data used is primary data and secondary data, data collection techniques in this study with the literature study and interviews.From the results of research and analysis by the author of the first known principle of legal certainty, the reasons in case Number 534/Pdt.G/2013/PA.Pbr is already in accordance with the legal and regulatory basis there although there are some basic laws that have not been detailed. Second, divorce cases contested by civil servants annually increased and many are yet to get permission from the boss after the due date but still be processed, with the consideration of the judges wanted to bring more benefit than harm because it brings because marriage can no longer be sustained and the plaintiff is willing to make waiver will accept all the risk of not getting permission from his superiors rejection is accompanied by a letter from the officer in this case the judge considers it already meets the mandatory rule of law replaces the existing license for civil servants who want to sue for divorce.Keywords : Analysis - Divorce Sues - Civil Servants
PERLINDUNGAN HUKUM TERHADAP MEREK TERKENAL DARI TINDAKAN PASSING OFF BERDASARKAN UNDANG-UNDANG NOMOR 15 TAHUN 2001 TENTANG MEREK ', Samariadi; ', Firdaus; Hendra, Rahmad
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Abstract

Developments and advances in the field of economics, mainly trade in goods and services had a positive impact and negative for the world in the field of industrial intellectual property rights, especially in the field of trademark. The influx of economic globalization lead to diversity in the field of trademark infringement. Passing off action is a well-known mark piggybacking on actions carried out unlawfully, and result in unfair competition.The existence of Law Number 15 Year 2001 on trademark to this day can not provide legal certainty regarding passing off action as a violation of well-known mark. The purpose of this study is the first to determine the position of passing off action in violation of the act trademark in Indonesia, both know the legal protection of well-known mark of passing off action in Indonesia.Based on the research results of the problem formulation, it can be concluded that, first the act of passing off position in the legal system in Indonesia trademark infringement is included into the trademark, but the Act has not expressly mention. Second, concept of the protection of well-known mark of passing off action in the Indonesian legal system trademark consists of preventive measures and efforts repressive, preventive efforts made by the mechanism known brand registration, and legal socialization trademark. Repressive efforts to form a civil action and / or criminal prosecution in accordance with the provisions of the Trademark Law.Advice from the author, first namely law enforcement officers should have a strategic role in the field of legislation to renew the Trademark Act in order to provide legal certainty to the well-known mark infringement action including passing off. Second, should be legal protection trademark made in line with the oversight of all elements of law enforcement. Third, of Indonesia as a member of the WTO should be able to cope with unfair competition actions such as passing off by adjusting the rules of international conventions appropriate to the needs of the Republic of Indonesia.Key Words : Well-known Marks - Passing Off – Unfair Competition
MEKANISME PENERAPAN TANGGUNG JAWAB SOSIAL PERUSAHAAN (CORPORATE SOCIAL RESPONSIBILITY) DALAM KEGIATAN USAHA PERTAMBANGAN Zsa Zsa Bangun Pratama; Hardi '; Firdaus '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Abstract

The existence of the company in the community can provide the positive and negative aspects. The company provides goods and services needed by the community and the work. But on the other hand it is not uncommon to get people from the impact of the company's business activities. Encourage changes in society in order to create a new view on the implementation of Corporate Social Responsibility (CSR). Indonesia, which was awarded the abundant natural resources including minerals mining. The purpose of the study the author wanted to convey in this study: first, know the set corporate social responsibility in Indonesia. Second, know the mechanism of implementation of corporate social responsibility in the mining business.This type of research can be classified in this type of normative research using data sources that comprise the primary legal materials, legal materials and secondary legal materials tertiary.From the results of this study concluded. First, setting the CSR contained in Article 74 of Law No. 40 of 2007 on Limited Liability Companies, Article 15 and Article 34 of Law No. 15 of 2007 on Investment, and Article 2 paragraph (1) of Law No. 19 of 2003 of State Owned Enterprises are packed in the Minister of State Owned Enterprises State No. PER-08/MBU/2013 of Fourth Amendment Regulation of the State Minister for State Owned Enterprises No. PER-05/MBU/2007 about Partnership Program with the State-Owned Enterprises Small Business and Community Development Program, Government Regulation No. 47 of 2012 on Corporate Social Responsibility and Environmental Company Limited, and the Decision of the Constitutional Court of the Republic of Indonesia Number 53/PUU-VI/2008. Second, steps in implementing CSR consists of the identification, planning, preparation, financing, implementation, documentation, auditing and reporting CSR.Keywords: Mechanism - Corporate Social Responsibility - MiningA. PendahuluanKeberadaan perusahaan dalam masyarakat dapat memberikan aspek positif dan negatif. Di satu sisi, perusahaan menyediakan barang dan
PENEGAKAN HUKUM TINDAK PIDANA PERJUDIAN ONLINE DI KOTA PEKANBARU Teddy Guntara; Mukhlis R; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Abstract

Technological development is indeed positive effect on the development, but the development of technology also cause negative effects to the birth of the crime is the crime of gambling using the internet, or better known as online gambling. Through observation and distribution of a questionnaire conducted by the author, there are as many as 31 people who are doing this online gambling. But after the authors came none Pekanbaru Police handling the case of online gambling. The authors intend to examine the causes of the lack of online gambling cases handled by the Police Pekanbaru. The purpose of this thesis, namely; First, law enforcement against criminal acts of online gambling in the city of Pekanbaru, Second, barriers encountered in the enforcement of criminal law online gambling in the city of Pekanbaru, Third, efforts are being made to overcome barriers to the enforcement of criminal law online gambling in the city of Pekanbaru.From the results of research and discussion, it can be concluded that the First, law enforcement against criminal acts online gambling is done by preventive (prevention) ie, close all access to online gambling, appealed through advertising, forming community policing, and conduct raids Internet cafes. Second, obstacles to the enforcement of criminal law online gambling in Pekanbaru is the constraint of law enforcement / human resources, facilities and infrastructure constraints, the difficulty of obtaining evidence and arrest offenders, lack of public awareness, and legislation constraints. Efforts to overcome the barriers of law enforcement crime of gambling online is to conduct special training for police, complementary facilities and infrastructure, to form a special team to spy on places that are often used in accessing online gambling, provide legal counseling to the community and revise legislation.Keywords: Law Enforcement-Crime-Gambling-Online.
TINJAUAN TINDAK PIDANA KEKERASAN PISIKIS DALAM RUMAH TANGGA M. AKBAR SATYA F; Rika Lestari; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Abstract

Addressing the family of each person will attempt to resolve it in accordance degan capabilities available to it, in which the family is the smallest social unit in society whose members are bound by a marital relationship (husband and wife) and the relationship of blood (biological children) or also stepchild or foster child (adoption). In Article 4 of Law Number 23 Year 2004 on the Elimination of Domestic Violence states that every person shall be prohibited from domestic violence teradap person within the scope of his household, by the way: Physical violence, psychological violence, sexual based violence, abandonment household. psychological violence is very difficult to prove, see kekersan psychic is an act of verbal abuse, which resulted in a decreased self-confidence, increase the fear, the loss of the ability to act and not berdaya.Kekerasan psychic can often result if the wife though increasingly dependent on her husband have made him sufferSecond, to know how to determine the occurrence of indicators of psychological violence in the household, third, to determine the steps in applying criminal offense psychic in the household.This type of research can be classified types of normative legal research, this study is descriptive, ie a study that describes in a clear and detailed review of the criminal acts of psychological violence in the home, the source of the data used secondary data consisting of primary legal materials, secondary law and tertiary legal materials, data collection techniques in this study with the literature study methods or documentary studies, after the data is collected and analyzed for the conclusions drawn.From the research and pembahansan can be concluded that, first, the cause of psychological violence in the household rumag is not just a matter of differences in gender, education level, economic, ethnic, age, and culture. But there is a more fundamental psychological violence in the household is a household member's personality be it husband, wife, son, and a maid who worked in the household environment, Second, how to determine the occurrence of indicators of psychological violence in the household that is loss of contact with reality such as schizophrenia and other psychotic or form, or which can be called depressive depressive indicators contained in the pocket book PPDGJ - III. Third, law enforcement crime of psychological violence in the home is to strengthen the law enforcement agencies in accordance with Law No. 23 of 2004Keywords: Criminal Offenses – Psychic – Domestic Violence
PELAKSANAAN PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENGGELAPAN CPO (CRUDE PALM OIL) DI WILAYAH HUKUM POLISI RESOR KOTA DUMAI Muhammad Afdhol; Syaifullah Yophi A; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Abstract

Law enforcement is a process for the enforcement of remedies, or functioning of legal norms to guide behavior in real traffic or legal relations connected with the community and state . Law enforcement can be viewed from two angles , namely in terms of subject and object . Law enforcement against criminal acts of CPO’s (Crude Palm Oil) froaud in the police jurisdiction Dumai Downstream resort has done well even though there are still deficiencies that must be addressed due to the fact that many law enforcement theories that are not in line with the practice in the field.Keywords: Law Enforcement - Crime – Froaud
PENEGAKAN HUKUM PIDANA LINGKUNGAN OLEH DIREKTORAT RESERSE KRIMINAL KHUSUS KEPOLISIAN DAERAH RIAU TERHADAP PELAKU PEMBAKARAN HUTAN DAN LAHAN Agung Setio Apriyanto; Maria Maya Lestari; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Smoke catastrophic events caused by land and forest fires in Riau Province has become a very worrying problem, this situation is like an annual agenda for the people of Riau province that has been exposed to smoke on a regular basis over the last 17 years ie since 1997. Disaster smoke in the Riau Province The background background by burning peat. If the result of fires and peat continued every year, then in the next five years remaining natural forests of Riau only <20%. Event of forest fire occurrence is not the least because of the element of intent, with a view to the opening of oil palm plantations, forest plantations, transmigration and so forth. However, to date, no environmental criminal law enforcement operate effectively even cases of forest fires and land each year show an increase in numbers.The purpose of this thesis, namely: First, to determine the implementation of environmental criminal enforcement by the Directorate of Criminal Investigation Special Riau Police against the perpetrators of forest and land fires. Second, to determine the constraints faced by the Directorate of Criminal Investigation Special Riau Police in environmental criminal enforcement against perpetrators of forest and land fires, and third, to find out the efforts made by the Special Criminal Investigation Directorate Riau Police to overcome obstacles in the enforcement of criminal law environment against the perpetrators of forest and land fires. This type of research is classified in legal studies is defined sociological look at the effectiveness of the law in force to see the correlation between the legal community.From the results of research and discussion, it can be concluded that the First, implementation of environmental criminal enforcement by the Directorate of Criminal Investigation Special Riau Police against the perpetrators of forest and land fires is done by means of preventive and repressive, Second, constraints faced by the Directorate of Criminal Investigation Special Police in Riau environmental criminal enforcement against perpetrators of forest and land fires are internal constraints and external constraints, and the efforts made by the Third Special Criminal Investigation Directorate Riau Police to overcome the obstacles in environmental criminal enforcement against perpetrators of forest and land fires is to maximize internal factors and externally owned by the Directorate of Criminal Investigation Special Riau Police.Keywords: Law Enforcement - Criminal Environment - Land and Forest Fire
Penegakan Hukum Terhadap Peredaran Narkotika Jenis Ganja berdasarkan Undang-Undang Nomor 35 Tahun 2009 tentang Narkotika di Wilayah Hukum Kepolisian Resor 50 Kota Sumatera Barat Intan Purnama Sari; Syaifullah Yophi A; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Abstract

Narcotic crime always increasing number of cases, suspect, and victim every years. Abuse problem and ilicit traffic in narcotic drugs have shown poor condition and a threat to the survival of the nation especially district of 50 Kota Sumatera Barat. Based of data obtained by author from Polres 50 Kota Sumatera Barat, law enforcement against narcotics type of marijuana have been implemented but still not optimally. There are still many obstacles and barriers perceived by members of the narcotics detectives that cause less maximal law enforcement in this area. Some of the barriers and constraints experienced in law enforcement against drug trafficking, among others, the limited number of police personnel in handling narcotic cases, limited operational funds, limited skills or abilities of the personnel, and several other constraints. That's a few things cause more illicit trafficking of narcotics, especially type of marijuana in the district 50 Kota Sumatera Barat.Based on the authors formulate three problems, namely, first, how law enforcement against illicit traffic in narcotic type of marijuana based on the Narcotics law in Polres 50 Kota Sumatera Barat, the second what are the constraints faced by the polres 50 kota sumatera barat in law enforcement against illicit traffic in narcotic type of marijuana based on the Narcotics law,the third what are the three attempts made Polres 50 Kota Sumatera Barat to overcome obstacles in law enforcement against illicit traffic in narcotic type of marijuana based on the Narcotics law in Polres 50 Kota Sumatera Barat.This type of research if the views of its kind, this research can be classified to sociological research. Sociological research is the study of law directly into the field to find the data in the institutions related to the research conducted. Source of data used are primary data and secondary data, data collection techniques in this study with the literature study and interviews.From this research we can conclude the authors first, law enforcement against illicit traffic in narcotic type of marijuana based on the Narcotics law in Polres 50 Kota Sumatera Barat was carried out to the fullest. Even so, in enforcing the law there are still some obstacles faced by police officers, The constraints faced by the Polres 50 Kota Sumatera Barat in enforcing the law against narcotic type of marijuana have two (2) factors: internal factors and external factors third, the efforts made by the Polres 50 Kota Sumatera Barat in overcoming these obstacles is to fix the flaws in the internal and external police.Keywords : Law Enforcement – Narcotic Crime

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